BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2539| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: CONTINUED AB 2539 Page 2 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 CONTINUED AB 2539 Page 3 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 CONTINUED AB 2539 Page 4 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 CONTINUED AB 2539 Page 5 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 **** END **** CONTINUED