BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 2432 (J. Perez) Hearing Date: 8/2/2010 Amended: 6/22/2010 Consultant: Katie Johnson Policy Vote: Health 8-0 _________________________________________________________________ ____ BILL SUMMARY: AB 2432 would exempt 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, as specified. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund LEA update upfront minor costs for each LEALocal* inspection forms LEA inspection and enforcement ongoing minor savingsLocal *Fully offset by fees _________________________________________________________________ ____ STAFF COMMENTS: This bill would exempt 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, such as bottled water, soda, or candy, from specified requirements of the California Retail Food Code (CFRC). The CFRC governs all aspects of retail food safety and sanitation in California. Local environmental health departments are primarily responsible for the enforcement of CFRC provisions through local safety and inspection programs. Any upfront costs to update inspection forms to local enforcement agencies (LEA) are expected to be minor and absorbable. However, this bill would permit an LEA would to recover the costs of investigation and enforcement of these provisions. There would be minor ongoing administrative savings due to shorter inspection times as a result of this bill exempting certain facilities from specified CFRC provisions. Specifically, permanent food facilities with display areas of 25 square feet or less that sell only non-hazardous, prepackaged food, would be exempt from the CRFC except for enforcement provisions, the impoundment of food, penalties, and owner/operator responsibilities for violations. Additionally, permanent food facilities with more than 25, but less than 300, square feet of display areas that sell only non-hazardous, prepackaged food would be exempt from the CRFC except for the provisions listed above, and also for provisions relating to permitting and permit violations, suspensions, revocations, and reinstatements and associated notification and post-hearing penalties.