BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2432
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2432 (John A. Perez)
          As Amended August 16, 2010
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(May 3, 2010)   |SENATE: |36-0 |(August 23,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    HEALTH

          SUMMARY  :  Creates a tiered statewide standard to exempt  
          non-grocery retailers that sell prepackaged nonpotentially  
          hazardous food, depending on the size of their food display  
          area, from certain requirements in the California Retail Food  
          Code (CRFC) governing retail food facilities.

           The Senate amendments  :

          1)Exempt a permanent food facility with less than 300 square  
            feet of food display area that sells only prepackaged  
            nonpotentially hazardous food from requirements of the CRFC as  
            specified.

          2)Require a permanent food facility with a food display area of  
            25 square feet or less to comply with the CRFC relative to  
            proper food storage, inspection and enforcement requirements,  
            impoundment of food, penalties, and owner/operator  
            responsibilities.  Require facilities with a food display area  
            of 26 to 299 square feet to also comply with these provisions.

          3)Make permanent food facilities with a food display area of 26  
            to 299 square feet additionally subject to the following CRFC  
            provisions: restroom requirements; physical enclosure  
            requirements; permitting and permit violations relating to  
            permit suspension, revocation, notification, and  
            reinstatement; and, post hearing penalties.

          4)Authorize a local environmental health department (LEHD) to  
            recover the costs of investigation and enforcement associated  
            with the provisions of this bill. 

           EXISTING LAW  :









                                                                  AB 2432
                                                                  Page  2

          1)Establishes the CRFC to govern all aspects of retail food  
            safety and sanitation in California and makes LEHDs primarily  
            responsible for enforcing the CRFC through local food safety  
            inspection programs.

          2)Defines a "permanent food facility" as a food facility  
            operation in a permanently constructed structure that stores,  
            prepares, packages, serves, manufactures, or otherwise handles  
            food for human consumption at the retail level.

           AS PASSED BY THE ASSEMBLY , this bill exempted the areas of a  
          retail facility that sell nonfood-related items and prepackaged,  
          nonpotentially hazardous food and comprise more than 10,000  
          square feet of floor space from the restroom requirements of the  
          CRFC. 

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

                            Fiscal Impact (in thousands)

           Major Provisions         2010-11     2011-12       2012-13     Fund
                                                                  
          LEHD update              upfront minor costs for each LEHDLocal*
          inspection forms                    

          LEHD inspection and enforcement     ongoing minor savingsLocal

          *Fully offset by fees

           COMMENTS  :  The Senate amendments establish a tiered statewide  
          standard to allow non-grocery retailers to sell prepackaged,  
          nonpotentially hazardous food, make all permanent food  
          facilities subject to the general food safety provisions of the  
          CRFC, and require varying levels of compliance with other CRFC  
          provisions based on the square footage of a facility's food  
          display area.  

          According to the author, this bill is intended to provide  
          clarity in state law with regard to the incidental sale of  
          prepackaged food items, such as bottled water, soda and candy  
          bars, at non-grocery retailers.  The California Retailers  
          Association and Home Depot write in support of this bill that  
          local interpretations of the law and subsequent negotiations  
          among affected stakeholders have prompted the need to regulate  








                                                                  AB 2432
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          non-hazardous food sales for non-grocery retailers.  This bill  
          sets forth a statewide standard to permit non-grocery retailers  
          that sell prepackaged, nonpotentially hazardous food products  
          from being required to comply with the list of requirements in  
          existing law that are more appropriately applicable to grocery  
          stores, restaurants, and other food facilities that handle and  
          prepare food.


           Analysis Prepared by  :    Cassie Rafanan / HEALTH / (916)  
          319-2097 


                                                              FN:  0006029