BILL NUMBER: AB 2539	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 21, 2014

   An act to  amend Section 50151 of   add
Section 114365.7 to  the Health and Safety Code, relating to
 housing.   retail food operations. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2539, as amended, Ting.  State housing policy.
  Retail food: cottage food operators.  
   Existing law, the California Retail Food Code, establishes uniform
health and sanitation standards for retail food facilities. Existing
law provides that local health agencies are primarily responsible
for enforcing these provisions, but requires the State Department of
Public Health to provide technical assistance, training,
standardization, program evaluation, and other services to the local
health agencies as necessary to ensure the uniform interpretation and
application of the code, and to adopt regulations to implement and
administer the code. A person who violates any provision of the code
is guilty of a misdemeanor, except as otherwise provided.  
   The code regulates, among other types of food venues, certified
farmers' markets and cottage food operations, respectively. The code
sets forth specified requirements for certified farmers' markets
relating to food safety and sanitation. The code also requires a
cottage food operation, as defined, to meet specified requirements
relating to training, sanitation, preparation, labeling, and
permissible types of sales, and requires a cottage food operation to
either register with or obtain a permit from the local enforcement
agency to open for business, as specified.  
   This bill would require the department to develop guidelines to
protect the public health and safety in food handling and to ensure
that uniform standards apply to cottage food operations at certified
farmers' markets. The bill would require all local environmental
health departments to utilize these guidelines in interpreting and
enforcing regulations governing cottage food sales at certified
farmers' markets. The bill would also require the department to
consult with stakeholders in developing the guidelines, including
local environmental health officers and certified farmers' market
managers. By imposing new enforcement requirements on local health
agencies, the bill would impose a state-mandated local program. 

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law provides that the Secretary of Business, Consumer
Services and Housing is responsible for allocating financial aid and
contributions made available directly to the state or to the
California Housing Finance Agency by the federal government for the
purpose of subsidizing housing for low or moderate income families
and persons and gives the California Housing Finance Agency priority
for receipt of federal housing subsidies.  
   This bill would make technical, nonsubstantive changes to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 114365.7 is added to the 
 Health and Safety Code   , to read:  
   114365.7.  The department shall develop guidelines to protect the
public health and safety in food handling and to ensure that uniform
standards apply to cottage food operations at certified farmers'
markets. All local environmental health departments shall utilize the
guidelines in interpreting and enforcing regulations governing
cottage food sales at certified farmers' markets. The department
shall consider the unique characteristics of the cottage food
industry in developing guidelines that differ from the structural and
operational requirements for produce vendors and retail food vendors
at certified farmers' markets. The department shall consult with
stakeholders in developing the guidelines, including local
environmental health officers and certified farmers' market managers.

   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 50151 of the Health and
Safety Code is amended to read:
   50151.  (a) The Secretary of Business, Consumer Services and
Housing shall be responsible for allocating financial aid and
contributions made available directly to state government or to the
agency by any agency of the United States for the purpose of
subsidizing housing for persons and families of low or moderate
income.
   (b) The agency shall have priority among all other units of state
government for receipt of federal housing subsidies for use in
connection with its lending and insurance programs.