Amended in Assembly April 21, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2539

Introduced by Assembly Member Ting

February 21, 2014

begin delete An act to add Section 114365.7 to the Health and Safety Code, relating to retail food operations. end delete begin insert An act to amend Section 114371 of the Health and Safety Code, relating to certified farmers’ markets. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2539, as amended, Ting. begin delete Retail food: cottage food operators. end delete begin insert Certified farmers’ markets. end insert

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Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities and various types of food venues, including specified food safety and sanitation requirements for certified farmers’ markets governing food preparation, storage, and sampling, among other things. Existing law provides that local health agencies are primarily responsible for enforcing the code, 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.

end insert begin insert

This bill would revise the requirements imposed on certified farmers’ markets. Among other things, the bill would require that foods that are ordinarily consumed without prior washing by the consumer, and that are being sold on a bulk or nonprepackaged basis, be displayed and dispensed by the producer from covered containers. The bill would provide that trimming whole produce for sale is not food preparation for purposes of a provision generally prohibiting food preparation at certified farmers’ markets. The bill would require that each food sample be distributed by the producer individually and directly to each consumer. The bill would require that all meat products offered for sale be transported, stored, displayed, and maintained at a temperature of 41 degrees Fahrenheit or colder, would prohibit a product from being stored under conditions where it is sitting or floating in melted ice water, and would require that all meat products be stored in dedicated species-specific coolers or freezers to reduce the risk of cross-contamination from one species to another. The bill would also prohibit smoking within 25 feet of the common commerce area, as described, of a certified farmers’ market. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert begin delete

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.

end delete begin delete

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.

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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.

end delete begin delete

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.

end delete begin delete

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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 114371 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

114371.  

Certified farmers’ markets shall meet all of the
following requirements:

(a) All food shall be stored at least six inches off the floor or
ground or under any other conditions that are approved. begin insert Foods
including, but not limited to, flavored nuts and dried fruits that
are ordinarily consumed without prior washing by the consumer,
and that are being sold on a bulk or nonprepackaged basis, shall
be displayed and dispensed by the producer from covered
containers. end insert

(b) Food preparation is prohibited at certified farmers’ markets
with the exception of food samples. begin insert Trimming whole produce for
sale shall not be considered food preparation. end insert Distribution of food
samples may occur provided that the following sanitary conditions
exist:

(1) Samples shall be kept in begin delete approved, clean, covered containers end delete
begin insert clean and covered containers intended for use with foods end insert .

(2) All food samples shall be distributed by the producer in a
sanitary manner. begin insert Each sample shall be distributed by the producer
individually and directly to each consumer. No consumer
self-serving of samples shall be allowed. end insert

(3) Clean, disposable plastic gloves shall be used when cutting
food samples.

(4) Food intended for sampling shall be washed or cleaned in
another manner of any soil or other material by potable water in
order that it is wholesome and safe for consumption.

(5) Notwithstanding Section 114205, potable water shall be
available for handwashing and sanitizing as approved by the
enforcement agency.

(6) Potentially hazardous food samples shall be maintained at
or below 45ºF and shall be disposed of within two hours after
cutting.

(7) Wastewater shall be disposed of in a facility connected to
the public sewer system or in a manner approved by the
enforcement agency.

(8) Utensils and cutting surfaces shall be smooth, nonabsorbent,
and easily cleanable, or single-use articles shall be utilized. begin insert The
producer shall maintain an adequate supply of clean replacement
utensils readily available at the site at the time of use. end insert

(c) Approved toilet and handwashing facilities shall be available
within 200 feet travel distance of the premises of the certified
farmers’ market or as approved by the enforcement officer.

(d) No live animals, birds, or fowl shall be kept or allowed begin insert , and
no individual shall bring a live animal, bird, or fowl, end insert within 20
feet of any area where food is stored or held for sale begin insert within a
certified farmers’ market end insert . This subdivision does not apply to guide
dogs, signal dogs, or service dogs when used in begin delete the manner
specified in Section 54.1 of the Civil Code end delete begin insert accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.), and as provided in Section 36.104 of Title 28 of
the Code of Federal Regulations. All guide dogs, signal dogs, and
service dogs shall be used and properly identified in accordance
with Section 54.1 and subdivision (b) of Section 54.2 of the Civil
Code, and Sections 30850, 30851, and 30852 of the Food and
Agricultural Code end insert .

(e) All garbage and refuse shall be stored and disposed of in a
manner approved by the enforcement officer.

begin delete

(f) Notwithstanding Chapter 10 (commencing with Section
114294),

end delete begin insert

(f) Smoking of cigarettes, cigars, pipe tobacco, and other
nicotine products shall not be permitted within 25 feet of the
common commerce area comprised of sales personnel and
shopping customers of the certified farmers’ market.

end insert

begin insert (g) end insert begin insert   end insert begin insert Permitted and licensed end insert vendors selling food adjacent to, and
under the jurisdiction and management of, a certified farmers’
market may store, display, and sell from a table or display fixture
apart from the mobile begin delete food end delete facility in a manner approved by the
enforcement agency. begin insert This section shall not apply to temporary
food facilities engaging in food preparation. end insert

begin insert (h) end insert begin insert   end insert begin insert (1) Individually permitted and licensed vendors selling
bakery goods or prepackaged foods, but not engaging in food
preparation, may be operated in conjunction with, adjacent to,
and under the auspices of a certified farmers’ market if they are
in compliance with Section 114381.1. However, the operator of
the certified farmers’ market shall be responsible for ensuring
compliance by those vendors with the applicable provisions of this
code. end insert

begin delete

(g)

end delete

begin insert (2) end insert begin insert   end insert Temporary food facilities begin insert engaging in food preparation end insert
may be begin insert a component part of an activity end insert operated as a separate
community event adjacent to begin insert , end insert and in conjunction with begin insert , end insert certified
farmers’ begin delete markets that are operated as a community event end delete begin insert markets end insert .
The organization in control of the begin insert community end insert event at which one
or more begin insert of these end insert temporary food facilities operate shall comply
with Section 114381.1.

begin insert

(i) All meat products offered for sale shall be transported,
stored, displayed, and maintained at a temperature of 41 degrees
Fahrenheit or colder. The temperature holding capabilities of the
chest and cooler storage containers used shall be sufficient to
maintain safe product temperatures. Storage containers
manufactured solely from the polystyrene foam insulation known
as Styrofoam™ are prohibited. A product shall not be stored under
conditions where it is sitting or floating in melted ice water. All
meat products shall be stored in dedicated species-specific coolers
or freezers to reduce the risk of cross-contamination from one
species to another.

end insert

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

end insert begin insert

However, if the Commission on State Mandates determines that
this act contains other 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.

end insert

begin delete

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.

end delete

begin delete

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.

end delete