BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                       AB 2539|
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                                    THIRD READING


          Bill No:  AB 2539
          Author:   Ting (D)
          Amended:  8/5/14 in Senate
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  6-2, 6/18/14
          AYES: Hernandez, Beall, DeSaulnier, Evans, Monning, Wolk
          NOES: Morrell, Nielsen
          NO VOTE RECORDED: De León

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
           ASSEMBLY FLOOR  :  52-23, 5/19/14 - See last page for vote


           SUBJECT  :    Certified farmers markets

           SOURCE  :     Author


           DIGEST  :    This bill makes various changes to the rules  
          governing certified farmers markets (CFMs), including requiring  
          all harvested, cut, wrapped, or otherwise processed meat,  
          poultry, and fish products offered for sale in a farmers' market  
          to be from approved sources and to be maintained at 41 degrees  
          Fahrenheit, prohibiting smoking of nicotine products within 25  
          feet of the commerce area of the farmers' market, and requiring  
          food samples to be distributed by the producer in a manner that  
          is sanitary.

           ANALYSIS  :    Existing law:

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          1.Establishes the California Retail Food Code (CRFC) to regulate  
            retail food safety, which is enforced by local environmental  
            health officers.

          2.Defines "potentially hazardous food" as a food that requires  
            time or temperature control to limit pathogenic micro-organism  
            growth or toxin formation. 

          3.Defines "certified farmers' market" as a location that is  
            certified through the enforcement officers of the county  
            agricultural commissioners and operated pursuant to provisions  
            of existing law that permit the direct marketing of  
            agricultural products.

          4.Requires a permit to be obtained by the person or organization  
            responsible for facilities that are shared by two or more food  
            facilities, in addition to a permit issued to each food  
            facility participating in a community event (applies to  
            operators of farmers' markets where temporary or mobile food  
            facilities are selling food).

          5.Prohibits food preparation at CFMs with the exception of food  
            samples, and requires the distribution of food samples to meet  
            certain sanitary condition requirements, including the  
            following:

             A.   Requires the samples to be kept in approved, clean,  
               nonabsorbent and covered containers intended to be used  
               with foods;

             B.   Requires that clean, disposable plastic gloves be used  
               when cutting food samples, and that food intended for  
               sampling be washed;

             C.   Requires potable water be available for handwashing and  
               sanitizing; and,

             D.   Requires potentially hazardous food samples be  
               maintained at or below 45 degrees Fahrenheit and to be  
               disposed of within two hours after cutting.

          1.Prohibits live animals, birds, or fowl from being within 20  
            feet of any area where food is stored or held for sale, with  
            the exception of guide dogs, signal dogs, or service dogs when  

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            used in a manner specified in existing law.

          This bill:

           1. Requires all harvested, cut, wrapped, or otherwise processed  
             meat, poultry, and fish products in a CFM to be from approved  
             sources, as specified, and to be properly labeled or have  
             documentation present at the point of sale that demonstrates  
             compliance with this requirement. 

           2. Requires all harvested, cut, wrapped, or otherwise processed  
             meat, poultry, and fish products offered for sale in a CFM to  
             be transported, stored, displayed, and maintained at a  
             temperature of 41 degrees Fahrenheit or colder. Requires the  
             temperature holding capabilities of the storage containers to  
             be sufficient to maintain safe product temperatures, and to  
             have smooth and non-absorbent surfaces.

           3. Prohibits the smoking of cigarettes, cigars, pipe tobacco,  
             and other nicotine products within 25 feet of the common  
             commerce area comprised of sales personnel and shopping  
             customers of the CFM. 

           4. Requires each food sample distributed at a CFM to 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.

           5. Permits a CFM or an enforcement offer to cause immediate  
             removal and disposal of any potentially hazardous food  
             samples that are not in compliance with provisions of law  
             requiring these samples to be maintained at or below 45  
             degrees Fahrenheit and to be disposed of within two hours  
             after cutting.

           6. Specifies that if producers use only single-use utensils and  
             cutting surfaces, or maintain an adequate supply of clean  
             replacement utensils and cutting surfaces readily available  
             at the site at the time of use, then warewashing facilities  
             are not required where food samples are distributed at CFMs.

           7. Clarifies that tents, canopies, or other overhead coverings  
             are not required at CFMs for fresh whole produce sales  
             displays or storage, except when specifically required under  

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             existing law.

           8. Requires any cutting or distribution of samples at a CFM  
             occur only under a tent, canopy or other overhead covering.

           9. Requires flavored nuts and dried fruits that are being sold  
             at CFMs on a bulk or non-prepackaged basis to be displayed  
             and dispensed from covered containers.

           10.Clarifies that trimming whole produce for sale is not  
             considered food preparation for purposes of the prohibition  
             of food preparation at CFMs.

           11.Clarifies that the existing prohibition against keeping or  
             allowing live animals, birds, or fowl within 20 feet of any  
             area where food is stored or held for sale within a CFM is  
             also a prohibition against any individual bringing a live  
             animal, bird or fowl into this area.

           12.Revises how temporary food facilities are required to  
             protect non-prepackaged food from contamination by requiring  
             the temporary food facility to either enclose the food  
             facility with screens, use food compartments or another  
             alternative, effective means approved by the enforcement  
             officer, rather than all of these methods.

           Comments
           
          According to the author, this bill proposes a series of updates  
          to the certified farmers' market portion of the CRFC, developed  
          in consultation with certified farmers' market operators and  
          vendors. The author states that these changes are primarily  
          clarifying and technical, and are intended to promote  
          consistency in enforcement of the law among county health  
          departments.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (unable to verify at time of writing)

          California Federation of Certified Farmers' Markets

           ARGUMENTS IN SUPPORT  :    The California Federation of Certified  

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          Farmers' Markets writes that this bill addresses the need for  
          updating the pertinent code sections to remain up to date with  
          changes in the industry and products being offered at CFMs,  
          while continuing to protect the health of the California  
          consumer.

           ASSEMBLY FLOOR  :  52-23, 5/19/14
          AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,  
            Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  
            Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong,  
            Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Hall,  
            Holden, Jones-Sawyer, Levine, Lowenthal, Medina, Mullin,  
            Muratsuchi, Pan, Perea, John A. Pérez, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,  
            Stone, Ting, Weber, Wieckowski, Williams, Yamada, Atkins
          NOES: Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,  
            Donnelly, Fox, Beth Gaines, Gorell, Grove, Hagman, Harkey,  
            Jones, Linder, Logue, Maienschein, Melendez, Olsen, Patterson,  
            Wagner, Waldron, Wilk
          NO VOTE RECORDED: Roger Hernández, Mansoor, Nazarian, Nestande,  
            Vacancy


          JL:nl  8/6/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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