BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                        Senator Elaine K. Alquist, Chair


          BILL NO:       AB 2432                                      
          A
          AUTHOR:        John A. P?rez                                
          B
          AMENDED:       June 22, 2010                               
          HEARING DATE:  June 30, 2010                                
          2
          CONSULTANT:                                                 
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          Tadeo/                                                      
          3
                                                                       
                                         2
                                        
                                     SUBJECT
                                         
             Food facilities: prepackaged non-potentially hazardous  
                                     foods 

                                     SUMMARY  

          Exempts a permanent food facility that has less than 300  
          square feet of display area, and that sells only  
          prepackaged food that is not potentially hazardous food,  
          from the requirements of the California Retail Food Code,  
          except for specified provisions.  

                             CHANGES TO EXISTING LAW  

          Existing law:
          Establishes the California Retail Food Code (CRFC) which  
          governs all aspects of retail food safety and sanitation in  
          California, and makes local environmental health  
          departments primarily responsible for enforcing CRFC  
          through local food safety inspection programs.

          Defines a permanent food facility to mean a food facility  
          operating in a permanently constructed structure, including  
          any room, building, place or portion thereof, maintained ,  
          used, or operated for the purpose of storing, preparing,  
          serving, manufacturing, packaging, or otherwise handling  
                                                         Continued---



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          food at the retail level. 

          This bill:
          Establishes a tiered statewide standard to permit  
          non-grocery retailers to sell prepackaged, non-potentially  
          hazardous food products.  Requires all permanent food  
          facilities to comply with the general provisions of the  
          CRFC and definitions. 

          Requires varying compliance with other CRFC provisions,  
          depending on the square footage of the food display area of  
          the facility.  

          Notwithstanding any provision of law to the contrary,  
          exempts a permanent food facility that has a food display  
          area of less than 300 square feet, and that sells only  
          prepackaged food that is not potentially hazardous food,  
          from the requirements of the California Retail Food Code  
          except as follows:
                 Requires a permanent food facility with a food  
               display area of 25 square feet or less to comply with  
               CRFC provisions relating to proper storage of food,  
               inspection and enforcement provisions, impoundment of  
               food, penalties, and owner/operator responsibilities.   
               Requires a permanent food facility with a food display  
               area of 26 to 299 square feet to also comply with  
               these provisions.   

                 Requires a permanent food facility with a food  
               display area of 26 to 299 square feet to additionally  
               comply with CRFC provisions relating to permitting and  
               permit violations, permit suspensions and revocations,  
               notification, imminent hazard and temporary  
               suspension, post hearing penalties, and permit   
               reinstatement.   

                                  FISCAL IMPACT  

          This bill has not been analyzed by a fiscal committee. 

                            BACKGROUND AND DISCUSSION  

          According to the author, AB 2432 would establish a  
          statewide standard to permit non-grocery retailers to sell  
          prepackaged, non-potentially hazardous food products  




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          without requiring compliance with food safety laws  
          applicable to grocery stores and restaurants, since there  
          is no food preparation activity in non-grocery retail  
          stores.  The author adds that this bill is a result of an  
          incident that occurred in Los Angeles County in 2009.  The  
          Los Angeles County Department of Environmental Health  
          required Home Depot to reconstruct and renovate 48 LA  
          County area store bathroom facilities because it was  
          determined that the stores were food facilities because  
          they sold bottled water in cases and candy at the  
          registers.  The cost to Home Depot would have been over $1  
          million.  The County later withdrew the citation, but the  
          incident highlighted the need for a clear, statewide  
          standard.   

          California Retail Food Code (CRFC)
          According to the California Association of Environmental  
          Health Administrators (CAEHA) which publishes the CRFC,  
          foodborne illness in the United States is a major cause of  
          personal distress, preventable death, and avoidable  
          economic burden.  The food industry and regulatory  
          authorities share responsibility for ensuring that food  
          provided to the consumer is safe and does not become a  
          cause of a disease outbreak or contribute to the  
          transmission of communicable diseases. This shared  
          responsibility extends to ensuring that consumer  
          expectations are met and that food is unadulterated,  
          prepared in a clean environment, and honestly presented.

          The CAEHA publication states that the provisions contained  
          in the CRFC provide for a system of prevention and  
          overlapping safeguards designed to minimize foodborne  
          illness, ensure employee health, demonstrate industry  
          manager knowledge, ensure safe food, specify nontoxic and  
          cleanable equipment, and delineate acceptable levels of  
          sanitation of food facility premises.

          The provisions contained in the CRFC that are applicable to  
          all retail food facilities include its general provisions,  
          definitions, and provisions pertaining to management and  
          personnel, general food safety requirements, cleaning and  
          sanitizing standards, and standards pertaining to  
          equipment, utensils and linens, water, plumbing and waste,   
          physical facilities temporary food facilities, trans fat,  
          and compliance and enforcement.  




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          The CRFC also specifies standards particular to specific  
          types of food facilities which  include: 
                 Permanent food facilities; 
                 Mobile food facilities; 
                 Nonprofit charitable temporary food that are  
               operated four times a year by a nonprofit charitable  
               organization;
                 Temporary food facilities that are assembled and  
               remain fixed during a community event or swap meet;
                 Certified farmers' markets certified by the County  
               Agricultural Commissioner; and, 
                 Farm stands.  

          Arguments in support
          Proponents of AB 2432 state that this bill would provide  
          much needed clarity in state law governing the incidental  
          sale of prepackaged food items, such as bottled water, soda  
          and candy items, at non-grocery retailers.  Proponents note  
          that local interpretations of the law and subsequent  
          negotiations have prompted the need to clarify  
          non-hazardous food sales for non-grocery retailers.  

                                  PRIOR ACTIONS

           Assembly Health:    18-0
          Assembly Floor:          76-0      

                                    POSITIONS  
                                        
          Support:   California Retailers Association 
                            Los Angeles Area Chamber of Commerce
                 The Home Depot
                 Valley Industry and Commerce Association
                 24 Hour Fitness

          Oppose:    None received


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