Amended in Senate August 21, 2014

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

California Legislature—2013–14 Regular Session

Assembly BillNo. 2539


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 alsobegin delete sets forthend deletebegin insert establishesend insert 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.begin delete Theend deletebegin insert Among other things theend insert 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:

P3    1

SECTION 1.  

Section 114349 of the Health and Safety Code
2 is amended to read:

3

114349.  

(a) Temporary food facilities shall be equipped with
4overhead protection for all food preparation, food storage, and
5warewashing areas. Overhead protection shall be made of wood,
6canvas, or other materials that protect the facility from
7precipitation, dust, bird and insect droppings, and other
8contaminants.

9(b) Temporary food facilities that handle nonprepackaged food
10shall also protect food from contamination in one of the following
11ways:

12(1) Enclosure of the food facility with 16 mesh per square inch
13screens.

14(2) Limiting display and handling of nonprepackaged food in
15food compartments.

16(3) Other alternative, effective means approved by the
17enforcement officer.

18(c) Notwithstanding Section 113984, this section does not apply
19to temporary food facilities that are approved for limited food
20preparation if flying insects, vermin, birds, and other pests are
21absent due to the location of the facility or other limiting
22conditions.

23

SEC. 2.  

Section 114371 of the Health and Safety Code is
24amended to read:

25

114371.  

Certified farmers’ markets shall meet all of the
26following requirements:

27(a) All food shall be stored at least six inches off the floor or
28ground or under any other conditions that are approved. Tents,
29canopies, or other overhead coverings are not required for fresh
30whole produce sales displays or storage, except when specifically
31required pursuant to this chapter. Flavored nuts and dried fruits
32that are being sold on a bulk or nonprepackaged basis shall be
33displayed and dispensed by the producer from covered containers.
34All processed food products being sold shall be in compliance with
P4    1Section 113735 and the applicable provisions of Section 110460,
2114365, or 114365.2.

3(b) Food preparation is prohibited at certified farmers’ markets
4with the exception of food samples. Trimming whole produce for
5sale shall not be considered food preparation. Distribution of food
6samples may occur provided that the following sanitary conditions
7exist:

8(1) Samples shall be kept in clean, nonabsorbent, and covered
9containers intended by the manufacturer for use with foods. Any
10cutting or distribution of samples shall only occur under a tent,
11canopy, or other overhead covering.

12(2) All food samples shall be distributed by the producer in a
13manner that is sanitary and in which each sample is distributed
14without the possibility of a consumer touching the remaining
15samples.

16(3) Clean, disposable plastic gloves shall be used when cutting
17food samples.

18(4) begin deleteFood end deletebegin insertFresh, whole produce end insertintended for sampling shall be
19washed or cleaned in another manner of any soil or other material
20by potable water in order that it is wholesome and safe for
21consumption.

22(5) Notwithstanding Section 114205,begin insert availableend insert potable water
23begin delete shallend deletebegin insert mayend insert bebegin delete availableend deletebegin insert requiredend insert for handwashing andbegin delete sanitizing asend delete
24begin insert sanitizing; the need determined and mannerend insert approved by the
25enforcement agency.

26(6) Potentially hazardous food samples shall be maintained at
27or below 45ºF and shall be disposed of within two hours after
28cutting. A certified farmers’ market or an enforcement officer may
29cause immediate removal and disposal, or confiscate and destroy,
30any potentially hazardous food samples found not in compliance
31with this paragraph.

32(7) Wastewater shall be disposed of in a facility connected to
33the public sewer system or in a manner approved by the
34enforcement agency.

35(8) Utensils and cutting surfaces shall be smooth, nonabsorbent,
36and easily cleanable, or single-use articles shall be utilized. If the
37producer uses only single-use articles or maintains an adequate
38supply of clean replacement articles readily available at the site at
39the time of use, warewashing facilities shall not be required.

P5    1(c) Approved toilet and handwashing facilities shall be available
2within 200 feet travel distance of the premises of the certified
3farmers’ market or as approved by the enforcement officer.

4(d) No live animals, birds, or fowl shall be kept or allowed, and
5no individual shall bring a live animal, bird, or fowl, within 20
6feet of any area where food is stored or held for sale within a
7certified farmers’ market. This subdivision does not apply to guide
8dogs, signal dogs, or service dogs when used in accordance with
9the federal Americans with Disabilities Act of 1990 (42 U.S.C.
10Sec. 12101 et seq.), and as provided in Section 36.104 of Title 28
11of the Code of Federal Regulations. All guide dogs, signal dogs,
12and service dogs shall be used and properly identified in accordance
13with Section 54.1 and subdivision (b) of Section 54.2 of the Civil
14Code, and Sections 30850, 30851, and 30852 of the Food and
15Agricultural Code.

16(e) All garbage and refuse shall be stored and disposed of in a
17manner approved by the enforcement officer.

18(f) Smoking of cigarettes, cigars, pipe tobacco, and other
19nicotine products shall not be permitted within 25 feet of the
20common commerce area comprised of sales personnel and shopping
21customers of the certified farmers’ market.

22(g) Notwithstanding Chapter 10 (commencing with Section
23114294) vendors selling food adjacent to, and under the jurisdiction
24and management of, a certified farmers’ market may store, display,
25and sell from a table or display fixture apart from the mobile
26facility in a manner approved by the enforcement agency.

27(h) Temporary food facilities may be operated at a separate
28community event adjacent to, and in conjunction with, certified
29farmers’ markets. The organization in control of the community
30event at which these temporary food facilities operate shall comply
31with Section 114381.1.

32(i) All harvested, cut, wrapped, or otherwise processed meat,
33poultry, and fish products shall be from approved sources as set
34forth in Section 113735, and shall be properly labeled or have
35documentation present at the point of sale that demonstrates
36compliance with this requirement. All harvested, cut, wrapped, or
37otherwise processed meat, poultry, and fish products offered for
38sale shall be transported, stored, displayed, and maintained at a
39temperature of 41° F or colder. The temperature holding
40capabilities of the storage containers used shall be sufficient to
P6    1maintain safe product temperatures. Storage containers for meat,
2poultry, and fish products shall be insulated and have interior
3surfaces that are smooth, nonabsorbent, and easily cleanable. All
4meat, poultry, and fish products shall be stored in a manner that
5reduces the risk of cross-contamination.

6

SEC. 3.  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution for certain
8costs that may be incurred by a local agency or school district
9because, in that regard, this act creates a new crime or infraction,
10eliminates a crime or infraction, or changes the penalty for a crime
11or infraction, within the meaning of Section 17556 of the
12Government Code, or changes the definition of a crime within the
13meaning of Section 6 of Article XIII B of the California
14Constitution.

15However, if the Commission on State Mandates determines that
16this act contains other costs mandated by the state, reimbursement
17to local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.



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