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: 4 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--- STAFF ANALYSIS OF ASSEMBLY BILL 2432 (John A. P?rez) Page 2 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 STAFF ANALYSIS OF ASSEMBLY BILL 2432 (John A. P?rez) Page 3 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. STAFF ANALYSIS OF ASSEMBLY BILL 2432 (John A. P?rez) Page 4 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 -- END --