BILL NUMBER: AB 2539 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Ting
FEBRUARY 21, 2014
An act to add Section 114365.7 to the Health and Safety
Code, relating to retail food operations. An act to
amend Section 114371 of the Health and Safety Code, relating to cer
tified farmers' markets.
LEGISLATIVE COUNSEL'S DIGEST
AB 2539, as amended, Ting. Retail food: cottage food
operators. Certified farmers' markets.
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.
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.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 114371 of the Health
and Safety Code is amended to read:
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. 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.
(b) Food preparation is prohibited at certified farmers' markets
with the exception of food samples. Trimming whole produce for
sale shall not be considered food preparation. Distribution of
food samples may occur provided that the following sanitary
conditions exist:
(1) Samples shall be kept in approved, clean, covered
containers clean and covered containers intended for
use with foods .
(2) All food samples shall be distributed by the producer in a
sanitary manner. Each sample shall be distributed by the
producer individually and directly to each consumer. No consumer
self-serving of samples shall be allowed.
(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 45 F 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.
The producer shall maintain an adequate supply of clean replacement
utensils readily available at the site at the time of use.
(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
, and no individual shall bring a live animal, bird, or
fowl, within 20 feet of any area where food is stored or held
for sale within a certified farmers' market . This
subdivision does not apply to guide dogs, signal dogs, or service
dogs when used in the manner specified in Section 54.1 of
the Civil Code 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 a nd Agricultural
Code .
(e) All garbage and refuse shall be stored and disposed of in a
manner approved by the enforcement officer.
(f) Notwithstanding Chapter 10 (commencing with Section 114294),
(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.
(g) Permitted and licensed
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
food facility in a manner approved by the enforcement
agency. This section shall not apply to temporary food
facilities engaging in food preparation.
(h) (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 th ose vendors with the
applicable provisions of this code.
(g)
(2) Temporary food facilities engaging
in food preparation may be a component part of an activity
operated as a separate community event adjacent to ,
and in conjunction with , certified farmers'
markets that are operated as a community event
markets . The organization in control of the
community event at which one or more of these
temporary food facilities operate shall comply with Section 114381.1.
(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(T) 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.
SEC. 2. 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.
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.
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.