BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    AB 143    
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          |AUTHOR:        |Wood                                           |
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          |VERSION:       |April 16, 2015                                 |
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          |HEARING DATE:  |June 10, 2015  |               |               |
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          |CONSULTANT:    |Vince Marchand                                 |
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           SUBJECT  :  Food facilities.

           SUMMARY  :  Extends an exemption from food facility regulation, that  
          currently exists for breweries, to enable wineries to offer  
          prepackaged non-potentially hazardous food.
          
          Existing law:
          1)Establishes the California Retail Food Code (CalCode), which  
            establishes health and sanitation standards for retail food  
            facilities, as defined.  Makes the Department of Public Health  
            responsible for the adoption of regulations to implement and  
            administer CalCode, and vests local enforcement agencies with  
            primary responsibility for enforcement of CalCode.
                  
          2)Defines a food facility as an operation that stores, prepares,  
            packages, serves, vends, or otherwise provides food for human  
            consumption, on or off the premises, regardless of whether  
            there is a charge, at the retail level. Food facilities  
            include, but are not limited to, permanent and non-permanent  
            facilities, public and private school cafeterias, restricted  
            food service facilities, licensed health care facilities,  
            commissaries, mobile food facilities, mobile support units,  
            temporary food facilities, vending machines, certified  
            farmers' markets, as specified, and farm stands, as specified.

          3)Exempts from the definition of a food facility and from the  
            provisions of CalCode premises set aside for wine tasting,  
            that comply with glassware cleaning provisions, regardless of  
            whether there is a charge for the wine tasting, if no other  
            beverage, except for bottles of wine and prepackaged  
            non-potentially hazardous beverages, is offered for sale for  
            onsite consumption, and no food, except for crackers, is  
            served.







          AB 143 (Wood)                                       Page 2 of ?
          
          

          4)Exempts from the definition of a food facility, and from the  
            provisions of CalCode, premises set aside by a beer  
            manufacturer, as defined, for the purposes of beer tasting,  
            regardless of whether there is a charge for the beer tasting,  
            if no other beverage, except for beer and prepackaged  
            non-potentially hazardous beverages, is offered for sale for  
            onsite consumption, and no food, except for crackers or  
            pretzels, is served.

          5)Defines "temporary food facility" as an approved food facility  
            that operates at a fixed location for the duration of an  
            approved community event or at a swap meet and only as part of  
            the community event or swap meet. Defines "community event,"  
            for this purpose, as an event that is of civic, political,  
            public, or educational nature, including state and county  
            fairs, city festivals, circuses, and other public gathering  
            events approved by the local enforcement agency.

          6)Requires premises set aside by a beer manufacturer for the  
            purposes of beer tasting, where prepackaged non--potentially  
            hazardous is offered for onsite consumption, to be subject to  
            food safety requirements related to food storage and ensuring  
            food is free from adulteration and spoilage, and that gives  
            local enforcement officers the ability to enforce these  
            requirements.
          
          This bill:
          1)Expands an exemption from the definition of "food facility,"  
            for purposes of regulation by local health officers, that  
            currently exists for premises set aside for wine tasting as  
            long as no food other than crackers is served, by also  
            allowing pretzels or prepackaged food that is not potentially  
            hazardous to be offered for onsite consumption (this expanded  
            exemption already exists for beer tasting premises).

          2)Adds wine tasting premises, as defined, to a provision of law  
            which limits the size of the food display to no more than 25  
            square feet at beer tasting premises where crackers, pretzels,  
            or prepackaged food that is not potentially hazardous food is  
            offered for onsite consumption, and which requires the  
            premises to comply with food safety requirements related to  
            food storage and ensuring food is free from adulteration and  
            spoilage, and that gives local enforcement officers the  
            ability to enforce these requirements.








          AB 143 (Wood)                                       Page 3 of ?
          
          

          3)Revises the definition of "community event," for purposes of  
            provisions of law regulating temporary food facilities, by  
            limiting community events to those conducted for no more than  
            25 consecutive or non-consecutive days in a 90-day period.

          4)Revises a provision of law that requires buildings with a food  
            facility that were built before January 1, 2004 to either  
            provide toilet facilities or prominently post a sign stating  
            that toilet facilities are not provided, by limiting this  
            provision to food facilities that have been in continuous  
            operation since January 1, 2004.

           FISCAL  
          EFFECT  :  According to the Assembly Appropriations Committee, this bill  
          would have negligible state fiscal effect.

           PRIOR  
          VOTES  :  
          
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          |Assembly Floor:                     |77 - 0                      |
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          |Assembly Appropriations Committee:  |17 - 0                      |
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          |Assembly Health Committee:          |16 - 0                      |
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          COMMENTS  :
          1)Author's statement.  According to the author, there are more  
            than 3,500 wineries that operate in California. Most of these  
            businesses are trying to find creative ways to attract new  
            customers and retain loyal ones. Currently, wineries can only  
            serve crackers to customers that come to taste wine. A winery  
            must obtain a local food permit to serve chips, pretzels, or  
            anything else. Additionally, wineries must obtain a food  
            permit in order to advertise and sell prepackaged foods. This  
            bill allows wineries to serve vacuum sealed prepackaged food  
            in the tasting room and permits wineries to have a food  
            display of prepackaged foods that does not exceed twenty-five  
            square feet without needing a local food permit. This bill  
            would particularly benefit small wineries throughout  
            California. Many of these small wineries also sell olive oil,  
            preserves, honey or other prepackaged non-hazardous items. In  








          AB 143 (Wood)                                       Page 4 of ?
          
          
            this highly competitive market place, AB 143 would help  
            wineries differentiate themselves by eliminating unnecessary  
            bureaucratic permits. The relief provided by this bill would  
            allow the selling of vacuumed sealed food products to loyal  
            consumers that want to clear their palettes between tastings  
            and take home a small gift, such as preserves.  

          2)Clean-up provisions. In addition to the exemption for  
            wineries, this bill contains two provisions that were included  
            at the request of the California Retail Food Safety Coalition  
            (CRFSC), which represents a wide cross-section of  
            organizations involved in retail food safety, ranging from  
            regulatory agencies to restaurants and grocers. One of these  
            provisions limits community events to a maximum of 25 days in  
            a 90 day period, for purposes of temporary food facility  
            requirements.  In support of this provision, the CRFSC states  
            that when the current California Retail Food Code was drafted,  
            the time a temporary food facility could operate was removed  
            in anticipation that local zoning codes would limit how long,  
            and the frequency by which, a community event could operate  
            within a city. However, some zoning departments have incurred  
            significant budget and staff deficits and are not regulating  
            community events as they once have, resulting in a lack of  
            uniformity from jurisdiction to jurisdiction. In addition, the  
            structural and operations requirements for a temporary food  
            facility are consistent with the transient nature of such an  
            event. By adding back the time into the definition, this  
            provision establishes boundaries that would preserve and  
            define a community event. 

          The second provision added at the request of the CRFSC clarifies  
            that for purposes of provisions of law requiring toilet  
            facilities to be available, that a food facility had to be in  
            continuous operation since January 1, 2004, in order to be  
            exempt from certain toilet availability requirements.  
            Currently, this provision is worded so that any building  
            constructed before January 1, 2004, is exempt from this  
            requirement, which could mean that a brand-new restaurant  
            could avoid being required to have toilet facilities if they  
            are located in a building built before January 1, 2004.

          3)Prior legislation. SB 1235 (Knight, Chapter 927, Statutes of  
            2014), expanded an exemption from the definition of a "food  
            facility" to allow beer tasting premises to serve pretzels and  
            prepackaged non-potentially hazardous food, in addition to  








          AB 143 (Wood)                                       Page 5 of ?
          
          
            crackers, and required beer tasting premises to comply with  
            specified provisions of law relating to food safety, and  
            limited the food display area to less than 25 square feet.

          AB 1014 (Fletcher, Chapter 159, Statutes of 2011), exempts  
            premises set aside by a beer manufacturer, as defined, for  
            beer tasting, from the definition of a food facility, thereby,  
            exempting beer tasting premises from the provisions of the  
            CalCode.
          
            SB 241 (Runner, Chapter 571, Statutes of 2009), among other  
            things, clarifies the exemption for premises set aside for  
            wine tasting to apply regardless of whether there is a charge  
            for the wine tasting.
               
            SB 144 (Runner, Chapter 23, Statutes of 2006), established the  
            CalCode in order to create uniformity between California's  
            retail food safety laws and those of other states, as well as  
            to enhance food safety laws based on the best available  
            science.

            AB 1778 (Areias, Chapter 1065, Statutes of 1985), excludes  
            premises set aside for wine tasting if no other beverage,  
            except for bottles of wine and prepackaged non-potentially  
            hazardous beverages, is offered for sale for onsite  
            consumption and no food, except for crackers, is served, from  
            the definition of a food facility.
            
          4)Support.  This bill is sponsored by the Wine Institute, which  
            states in support that under existing law, wineries do not  
            needs a local food facility permit as long as they only  
            provide crackers and bottled beverages like water to patrons.  
            The Wine Institute notes that legislation enacted last year  
            expands this permit exemption to breweries as long as they  
            only serve pretzels in addition to crackers and they have for  
            sale prepackaged foods, like olive oil and preserves, in a  
            display area no greater than 25 square feet. Consistent with  
            last year's law, this bill would provide the same expanded  
            exemption to wineries. Family Winemakers of California (FWC)  
            states in support that this bill merely equalizes the  
            treatment between beer tasting rooms and wine tasting rooms.  
            FWC states that sales of prepackaged food also allow a person  
            to pair food with wine.

          5)Clarifying amendments needed. According to the author, part of  








          AB 143 (Wood)                                       Page 6 of ?
          
          
            the intent of this bill is to permit wineries to sell  
            prepackaged foods, as long as the display area is no more than  
            25 square feet. However, the way the relevant provisions are  
            drafted, it only permits prepackaged food that is not  
            potentially hazardous to be "offered for onsite consumption."  
            To accomplish the author's objective, the author may wish to  
            consider amending the bill to make more explicit that the  
            winery (or brewery) is permitted to "sell" prepackaged food,  
            and to eliminate the requirement that the food be consumed  
            onsite at the premises.
          
           SUPPORT AND OPPOSITION  :
          Support:  The Wine Institute (sponsor)
          California Retail Food Safety Coalition
          Family Winemakers of California
          
          Oppose:   None received

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