BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: AB 143 --------------------------------------------------------------- |AUTHOR: |Wood | |---------------+-----------------------------------------------| |VERSION: |April 16, 2015 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |June 10, 2015 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Vince Marchand | --------------------------------------------------------------- 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 : ----------------------------------------------------------------- |Assembly Floor: |77 - 0 | |------------------------------------+----------------------------| |Assembly Appropriations Committee: |17 - 0 | |------------------------------------+----------------------------| |Assembly Health Committee: |16 - 0 | | | | ----------------------------------------------------------------- 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 -- END --