BILL ANALYSIS
AB 2168
Page 1
Date of Hearing: May 14, 2008
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mark Leno, Chair
AB 2168 (Jones) - As Amended: April 23, 2008
Policy Committee: AgricultureVote:8
- 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill makes various changes regarding the sale of food at
farm stands and farmers' markets. Specifically, this bill:
1)Authorizes the California Department of Food And Agriculture
(CDFA) Secretary to adopt regulations that encourage the
direct sale by farmers to the public and specifies that
selling activities must be conducted without fraud, deception,
or misrepresentation.
2)Adds farm stands to the list of food facilities in the health
and safety code as it pertains to the California Retail Food
Code (CRFC) for enforcement and permitting purposes only, thus
requiring farm stands to conform to the same standards as
farmer's markets, but exempting them from broader health and
safety standards.
3)Defines point of production outlets and farm stands and
requires that they follow similar guidelines as farmers'
markets.
4)Provides that farm stands may sell bottled water, containers
of soft drinks, and certain prepackaged foods.
FISCAL EFFECT
1)Costs for CDFA to change their regulations would be absorbable
within existing resources.
2)Unknown enforcement costs for local health inspectors to
oversee farm stands, potentially in excess of $100,000. Those
AB 2168
Page 2
costs would be fully offset by permitting fees charged to farm
stand owners.
COMMENTS
1)Purpose . This bill is intended to expand opportunities for
farmer's markets and farm stands to sell to members of the
public that intend to resell the products (i.e. restaurants).
In addition, this bill allows farmers to extend their
marketing season by allowing them to sell bottled water and
sodas in addition to processed foods such as dried fruits,
pickles, relishes, jams, and jellies.
Examples provided by the author to illustrate the problem
being addressed include a small strawberry grower who would be
allowed to sell strawberries during the growing season at his
or her farm stand without having to meet any CRFC
requirements. However, if he or she wants to extend the
marketing season by having strawberries turned into jam to
sell at the farm stand, the farmer would be required to put in
a plumbing system and overhaul the farm stand to meet all of
the requirements of the CRFC. The author argues that it is
unlikely that the sale of the jam would be enough to cover the
cost of the upgrades. This bill would allow that strawberry
farmer to apply for a permit and meet minimal health and
safety requirements that would allow him or her to sell the
jam without having to upgrade the farm stand.
2)California Retail Food Code . Each year in the United States,
food borne illnesses cause an estimated 76 million illnesses,
324,000 hospitalizations and 5,000 deaths. In California,
retail food establishments (such as restaurants, food trucks,
food booths are fairs) are regulated under the California
Retail Food Code (CRFC). CRFC is administered by DPH and
enforced by local health agencies, typically environmental
health agencies. Farmers' markets need to obtain a permit and
follow basic sanitation guidelines governing the storage of
fruit, the distribution of food samples, and the disposal of
garbage.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081