BILL ANALYSIS AB 2432 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2432 (John A. Perez) As Amended August 16, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(May 3, 2010) |SENATE: |36-0 |(August 23, | | | | | | |2010) | ----------------------------------------------------------------- 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 Page 3 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