BILL ANALYSIS Ó
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 1014
A
AUTHOR: Fletcher and Chesbro
B
AMENDED: As Introduced
HEARING DATE: June 8, 2011
1
CONSULTANT:
0
Nguyen
1
4
SUBJECT
Food facilities: definition
SUMMARY
Exempts premises set aside by a beer manufacturer, as
defined, for beer tasting, from the definition of a food
facility, thereby, exempting beer tasting premises from the
provisions of the California Retail Food Code.
CHANGES TO EXISTING LAW
Existing law:
Establishes the California Retail Food Code (CalCode) which
establishes health and sanitation standards for retail food
facilities, as defined. Makes the Department of Public
Health responsible for the adoption of regulations to
implement and administer CalCode, and vests local
enforcement agencies with primary responsibility for
enforcement of CalCode.
Defines a food facility as an operation that stores,
prepares, packages, serves, vends, or otherwise provides
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 1014 (Fletcher and
Chesbro)Page 2
food for human consumption, on or off the premises,
regardless of whether there is a charge, at the retail
level. Food facilities include, but are not limited to,
permanent and nonpermanent facilities, public and private
school cafeterias, restricted food service facilities,
licensed health care facilities, commissaries, mobile food
facilities, mobile support units, temporary food
facilities, vending machines, certified farmers' markets,
as specified, and farm stands, as specified.
Exempts from the definition of a food facility and from the
provisions of CalCode premises set aside for wine tasting,
that comply with glassware cleaning provisions, regardless
of whether there is a charge for the wine tasting, if no
other beverage, except for bottles of wine and prepackaged
nonpotentially hazardous beverages, is offered for sale for
onsite consumption, and no food, except for crackers, is
served.
This bill:
Exempts from the definition of a food facility and from the
provisions of CalCode premises set aside by a beer
manufacturer, as defined, for the purposes of beer tasting,
regardless of whether there is a charge for the beer
tasting, if no other beverage, except for beer and
prepackaged nonpotentially hazardous beverages, is offered
for sale for onsite consumption, and no food, except for
crackers or pretzels, is served.
FISCAL IMPACT
According the Assembly Appropriations Committee analysis,
there are no significant costs associated with AB 1014.
BACKGROUND AND DISCUSSION
According to the author, AB 1014 would provide regulatory
relief for small brewers and promote the growth of
California's craft brewing industry. The author states
that craft brewers must currently make substantial
financial commitments to install serving facilities that
are on par with restaurants. The author contends that beer
is not a food and should not be subject to the same
requirements as a facility that serves food. For many of
STAFF ANALYSIS OF ASSEMBLY BILL 1014 (Fletcher and
Chesbro)Page 3
these craft brewers, the expense associated with these
regulatory requirements is prohibitive and prevents them
from even considering operating tasting rooms. The author
argues that removing these regulatory measures provides the
industry with flexibility to provide a great product, offer
quality jobs, and promote tourism throughout the state.
California Retail Food Code
SB 144 (Runner), Chapter 23, Statutes of 2006, repealed the
California Uniform Retail Food Facilities Law (CURFFL) and
established the CalCode in order to create uniformity
between California's retail food safety laws and those of
other states, as well as to enhance food safety laws based
on the best available science. CalCode is modeled on the
federal Model Food Code, which was drafted by the United
States Food and Drug Administration and is updated every
two years. CalCode is substantially similar to the Model
Food Code in terms of its substantive food safety and
sanitation content.
With the enactment of CalCode, local environmental health
departments have refocused their food facility inspections
to emphasize violations relating to federal Centers for
Disease Control and Prevention's (CDC) identified foodborne
illness risk factors and public health interventions. The
CDC has identified the following foodborne illness risk
factors: food from unsafe sources, inadequate cooking,
improper holding temperatures, contaminated equipment, and
poor personal hygiene. Public health interventions
identified by CDC include: demonstration of knowledge,
employee health, time and temperature control, hands as a
source of contamination, and consumer advisories.
Violations of CalCode are considered misdemeanors, unless
otherwise specified, and can be punishable by a fine of not
less than $25 or more than $1000, or by imprisonment in the
count jail for up to 6 months, or by both fine and
imprisonment. Local enforcement agencies can also charge
re-inspection fees and impose administrative penalties.
Additionally, local enforcement agencies can require that
retail food facilities establish a corrective action plan
with timelines to correct violations noted during
inspections.
Current wine tasting exemption
STAFF ANALYSIS OF ASSEMBLY BILL 1014 (Fletcher and
Chesbro)Page 4
AB 1778 (Areias), Chapter 1065, Statutes of 1985,
establishes the current exemption for wine tasting rooms
from the provisions of CalCode. According to the analysis
by the Senate Health and Human Services Committee, existing
law at that time had been interpreted by county health
inspectors to require wineries that offer complimentary
samples to comply with licensing, permitting and sanitation
requirements applicable to food facilities. The author
argued that wine is not a food and should not be subject to
the same requirements as a restaurant or other
establishment that prepares food onsite. As a result,
premises set aside for wine tasting, as long as no food or
beverage is offered for sale for onsite consumption, were
exempted from the definition of a food facility in existing
law, provided they comply with proper glass cleaning and
sanitizing procedures.
Beer tasting and code compliance
According to the author, there are roughly 258 licensed
brewers in California, with approximately 70 percent
operating a tasting room. Local enforcement agencies
inspect these facilities with varying frequency depending
on the county, the history of compliance, and whether
complaints have been made-from once a year to four times
per year. These facilities are also subject to fees for
health inspections that can amount to over $1,000.
According to the author and the sponsor, the California
Small Brewers Association (CSBA), beer manufacturers are
required to install industrial sinks, hand washing
stations, spill containment measures in all areas,
fiberglass reinforced panel walls, and restaurant-grade
coving; to lift all equipment 10 inches above the floor; to
remove garage-style roll-up doors and install strip doors,
to repaint the interior walls; to redo plumbing and
electrical wiring; to reinstall flooring; to comply with
regulations associated with dry storage; and to provide
hair nets and latex gloves. Under this bill, breweries
would be exempt from these CalCode requirement.
Related bills
SB 303 (Padilla) would clarify that the food handler card
requirement is limited to food handlers employed at food
facilities only at the retail-level. Set for hearing in the
Assembly Health Committee on June 14, 2011.
STAFF ANALYSIS OF ASSEMBLY BILL 1014 (Fletcher and
Chesbro)Page 5
Prior legislation
AB 2134 (Chesbro), Chapter 149, Statutes of 2010, creates a
new tied-house exception in the Alcoholic Beverage Control
Act that allows licensed brewers to conduct "beer maker
dinner" events for consumers held at on-sale retail
licensed premises.
SB 144 (Runner), Chapter 23, Statutes of 2006, repeals
CURFFL and establishes CalCode which creates uniformity
between California's retail food safety laws and those of
other states by modeling California's code after the
federal Model Food Code using science-based standards.
SB 241 (Runner), Chapter 571, Statutes of 2009, among other
things, clarifies the exemption for premises set aside for
wine tasting to apply regardless of whether there is a
charge for the wine tasting, and declares that these
provisions will take effect immediately as an urgency
statute.
AB 1778 (Areias), Chapter 1065, Statutes of 1985, excludes
premises set aside for wine tasting if no other beverage,
except for bottles of wine and prepackaged nonpotentially
hazardous beverages, is offered for sale for onsite
consumption and no food, except for crackers, is served,
from the definition of a food facility.
Arguments in support
The sponsor of this bill, the CSBA, states that tasting
rooms are being inspected for compliance with food facility
standards even when food is not being served. Monkish
Brewing Company writes that beer tasting rooms have had to
expend significant resources complying with regulations
written for restaurants and food preparation facilities
that have no relation to the health and safety of customers
in a tasting room. CSBA further argues that AB 1014 helps
to promote growth in California's beer manufacturing
industry.
PRIOR ACTIONS
Assembly Health: 18- 0
Assembly Appropriations:17- 0
Assembly Floor: 70- 0
STAFF ANALYSIS OF ASSEMBLY BILL 1014 (Fletcher and
Chesbro)Page 6
COMMENTS
1. Glassware sanitation. AB 1014 would provide a blanket
exemption from the provisions of CalCode. From a
communicable disease standpoint, the Department of Public
Health has indicated some concern with regard to cleaning
and sanitizing drinking glasses. The author may wish to
consider amending the bill to ensure that proper cleaning
and sanitation procedures are being followed. The wine
tasting exemption requires premises set aside for wine
tasting to comply with Section 118375 of the Health and
Safety Code which specifies that drinking receptacles
provided for "common use" must be cleansed and sterilized
thoroughly between consecutive uses. Committee staff
recommends the following amendment on page 4, lines 18 to
24:
(12) Premises set aside by a beer manufacturer, as
defined in Section 25000.2 of the Business and
Professions Code, that comply with Section 118375, for
the purposes of beer tasting, regardless of whether
there is a charge for the beer tasting, if no other
beverage, except for beer and prepackaged
nonpotentially hazardous beverages, is offered for
sale for onsite consumption, and no food, except for
crackers or pretzels, is served.
POSITIONS
Support: California Small Brewers Association (sponsor)
Monkish Brewing Co. LLC
Oppose: None received.
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