BILL NUMBER: AB 2539 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 5, 2014
AMENDED IN SENATE JUNE 24, 2014
AMENDED IN SENATE JUNE 10, 2014
AMENDED IN ASSEMBLY MAY 5, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Ting
FEBRUARY 21, 2014
An act to amend Sections 114349 and 114371 of the Health and
Safety Code, relating to certified farmers' markets.
LEGISLATIVE COUNSEL'S DIGEST
AB 2539, as amended, Ting. 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. Among other things, the code requires
temporary food facilities that handle nonprepackaged food to protect
the food from contamination by taking 3 specified actions, including
enclosure of the food facility with 16 mesh per square inch screens
and limiting the display and handling of nonprepackaged food. The
code also sets forth 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 certain requirements imposed on temporary
food facilities and certified farmers' markets. Among other things,
the bill would require temporary food facilities that handle
nonprepackaged food to protect the food from contamination by taking
any, rather than all, of the 3 actions specified pursuant to existing
law and make another change.
The bill would also revise the food safety and sanitation
requirements imposed upon certified farmers' markets. 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 in a manner in which each sample is distributed
without the possibility of a consumer touching the remaining
samples. The bill would require that all harvested, cut,
wrapped, or otherwise processed meat, poultry, and fish
products offered for sale be transported, stored, displayed, and
maintained at a temperature of 41 F or colder, and would require
that all meat, poultry, and fish products be stored in a manner that
reduces the risk of cross-contamination. 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, and by creating a new crime, 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.
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 114349 of the Health and Safety Code is amended
to read:
114349. (a) Temporary food facilities shall be equipped with
overhead protection for all food preparation, food storage, and
warewashing areas. Overhead protection shall be made of wood, canvas,
or other materials that protect the facility from precipitation,
dust, bird and insect droppings, and other contaminants.
(b) Temporary food facilities that handle nonprepackaged food
shall also protect food from contamination in one of the following
ways:
(1) Enclosure of the food facility with 16 mesh per square inch
screens.
(2) Limiting display and handling of nonprepackaged food in food
compartments.
(3) Other alternative, effective means approved by the enforcement
officer.
(c) Notwithstanding Section 113984, this section does not apply to
temporary food facilities that are approved for limited food
preparation if flying insects, vermin, birds, and other pests are
absent due to the location of the facility or other limiting
conditions.
SEC. 2. 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. Tents,
canopies, or other overhead coverings are not required for fresh
whole produce sales displays or storage, except when specifically
required pursuant to this chapter. Flavored nuts and dried fruits
that are being sold on a bulk or nonprepackaged basis shall be
displayed and dispensed by the producer from covered containers. All
processed food products being sold shall be in compliance with
Section 113735 and the applicable
provisions of Section 110460, 114365, or 114365.2.
(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 clean, nonabsorbent, and covered
containers intended by the manufacturer for use with foods. Any
cutting or distribution of samples shall only occur under a tent,
canopy, or other overhead covering.
(2) All food samples shall be distributed by the producer in a
manner that is sanitary and in which each sample is distributed
without the possibility of a consumer touching the remaining samples.
(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. A
certified farmers' market or an enforcement officer may cause
immediate removal and disposal, or confiscate and destroy, any
potentially hazardous food samples found not in compliance with this
paragraph.
(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. If
the producer uses only single use articles or maintains an adequate
supply of clean replacement articles readily available at the site at
the time of use, warewashing facilities shall not be required.
(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 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.
(e) All garbage and refuse shall be stored and disposed of in a
manner approved by the enforcement officer.
(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) Notwithstanding Chapter 10 (commencing with Section 114294)
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 facility
in a manner approved by the enforcement agency. Vendors
qualifying under this subdivision may also prepare and distribute
samples of their products in a manner that complies with the
requirements set forth in subdivision (b). If none of the vendors
selling food adjacent to and under a certified farmers' market's
jurisdiction and management sell potentially hazardous foods or
engage in food preparation, other than cutting product for purposes
of providing samples in accordance with this section, the certified
farmers' market shall not be required to obtain a permit for these
vendors pursuant to Section 114381.1.
(h) Temporary food facilities may be operated at a separate
community event adjacent to, and in conjunction with, certified
farmers' 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 harvested, cut, wrapped, or otherwise processed
meat, poultry, and fish products shall be from approved sources as
set forth in Section 113734, 113735,
and shall be properly labeled or have documentation present at the
point of sale that demonstrates compliance with this requirement. All
harvested, cut, wrapped, or otherwise processed meat,
poultry, and fish products offered for sale shall be transported,
stored, displayed, and maintained at a temperature of 41 F or
colder. The temperature holding capabilities of the storage
containers used shall be sufficient to maintain safe product
temperatures. Storage containers for meat, poultry, and fish products
shall be insulated and have interior surfaces that are smooth,
nonabsorbent, and easily cleanable. All meat, poultry, and fish
products shall be stored in a manner that reduces the risk of
cross-contamination.
SEC. 3. 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.