BILL ANALYSIS Ó
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 226
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|AUTHOR: |Atkins |
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|VERSION: |April 16, 2015 |
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|HEARING DATE: |June 24, 2015 | | |
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|CONSULTANT: |Vince Marchand |
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SUBJECT : Retail food safety: fishermen's markets
SUMMARY : Establishes "fishermen's markets" as a new category of food
facility that would sell only raw fresh or fresh-frozen fish or
raw edible aquatic plants, caught or harvested by
California-licensed fishermen or California-registered
aquaculturists, and establishes requirements for fishermen's
markets.
Existing law:
1.Establishes the California Retail Food Code (CRFC) to regulate
food safety in retail food facilities, which is enforced by
local environmental health officers.
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 nonpermanent
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, and farm stands.
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. Specifies requirements that certified
farmers' markets must meet for purposes of food safety,
enforced by local environmental health officers.
AB 226 (Atkins) Page 2 of ?
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.Requires, for purposes of certified farmers' markets, that all
harvested, cut, wrapped, or otherwise processed meat, poultry,
and fish products 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. Requires all harvested, cut, wrapped, or
otherwise processed meat, poultry, and fish products offered
for sale to be transported, stored, displayed, and maintained
at a temperature of 41? F or colder.
6.Prohibits food preparation at certified farmers' markets, with
the exception of food samples.
7.Requires aquaculture facility owners to register their
operations annually with the Department of Fish and Game (DFG)
and provide their name, the species grown, and the location of
each operation.
8.Prohibits any person from taking any fish or amphibia for
commercial purposes, and no person to cause to be brought
ashore any fish or amphibian at any point in the state for the
purposes of selling them in a fresh state, unless the person
holds a commercial fishing license issued by DFG.
This bill:
1.Adds "fishermen's markets" to the list of types of food
facilities that are required to be permitted and regulated by
local health environmental health officials, and defines a
"fishermen's market" as a location that is operated by a
commercial fisherman licensed by the Department of Fish and
Wildlife or an entity representing California seafood
producers, that sells only raw edible aquatic plants, raw
fresh fish, or fresh frozen fish, caught by
California-licensed commercial fishermen or harvested by
California-registered aquaculturists, directly to consumers.
2.Adds "fishermen's markets" to the definition of a
"nonpermanent food facility," for purposes of the CRFC.
AB 226 (Atkins) Page 3 of ?
3.Requires fish sold in a fishermen's market to be raw, and
permits the fish to be displayed whole or eviscerated.
Requires a fisherman to only sell aquatic plants or fish that
he or she caught legally, or that was caught by one or two
other licensed commercial fishermen, and if selling fish from
another fisherman, to provide a copy of that other fisherman's
commercial license and contact information upon the request of
the enforcement agency.
4.Permits a fishermen's market to provide a separate service
that fillets, cuts, or packages fish for customers who
purchase direct sales of fish within the fishermen's market as
a temporary food facility, mobile food facility, or other
facility approved by the enforcement agency, but requires a
separate permit for that type of food facility. However,
permits raw fish to be eviscerated at a fishermen's market
without needing to be permitted as another type of food
facility.
5.Requires each fishermen's market food booth to post the name
of the fisherman, vessel or farm, and acceptable market name,
as defined, of fish sold so they are legible and clearly
visible to patrons.
6.Defines "acceptable market name" of a fish, for purposes of
this bill, as a name that the federal Food and Drug
Administration recognizes as a suitable statement of identity,
as specified, in the labeling of a species. Species that an
acceptable market name fairly represents the identity of the
species to consumers because it is not confusingly similar to
the name of another species and because it is not otherwise
misleading. Permits an acceptable market name to be the common
or usual name, as specified, or a name specifically coined as
the market name for a species.
7.Permits handwashing facilities for a fishermen's market food
booth that operates for three consecutive days or less to
include a container capable of providing a continuous stream
of water from an approved source that leaves both hands free
to allow rubbing with soap and warm water for 10-15 seconds.
8.Requires potable water to be available for handwashing and
sanitizing, and requires handwashing facilities to be equipped
with cleanser and single-use sanitary towels.
AB 226 (Atkins) Page 4 of ?
9.Requires approved toilet and handwashing facilities to be
available within 200 feet of the premises of a fishermen's
market, or as approved by the enforcement agency.
10.Specifies certain requirements for garbage storage and
disposal, wastewater disposal, floor construction, overhead
protection, warewashing facilities, and location and storage
of food-related equipment.
11.Requires a permit application and site plan to be submitted
to the local enforcement agency at least two weeks prior to
the operation of a fishermen's market. Requires the
responsible person and sole permitholder to be either a
California-licensed commercial fisherman or an entity
representing California seafood producers.
12.Requires the site plan for a fishermen's market to include
all of the following:
a. A map with proposed locations of the
fishermen's market food booths, boundaries of the
fishermen's market, restrooms, refuse containers,
potable water supply faucets, wastewater disposal
facilities, and all shared warewashing and hand
washing facilities as applicable;
b. Details of the materials and methods used to
construct the food booths;
c. Foods that will be handles and dispensed;
d. Procedures for food handling, food temperature
control, refuse management, cleaning and sanitizing
utensils and equipment, and cleaning structures and
premises;
e. A list of names of licensed commercial
fishermen or registered aquaculturists, copies of
their licenses or registrations, and a document
authorizing the organizer to act as the responsible
person and permit holder on their behalf; and,
f. Permits a fishermen's market to operate
adjacent to, or in conjunction with, a food facility
or a community event. Specifies that in those
situations, the fishermen's market is only subject to
the limitations and requirements of a fishermen's
market, and the other food facilities remain subject
to the limitations and requirements that are
AB 226 (Atkins) Page 5 of ?
applicable to the type of facility being operated.
13.Permits fish parts from the day's operations to be used for
bait by a licensed commercial fisherman or registered
aquaculturist.
14.Prohibits ice used for refrigeration purposes from being used
for consumption in food or beverages.
15.Requires a fishermen's market to meet the applicable
requirements of the CRFC, as specified.
16.Defines "fresh frozen," for purposes of the CRFC, as food
that was quickly frozen while still fresh, including
immediately after the food had been harvested or fish had been
caught.
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: |17 - 0 |
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COMMENTS :
1)Author's statement. According to the author, the CRFC
establishes uniform health and sanitation standards for retail
food facilities and various types of food. The CRFC
establishes specified food safety and sanitation requirements
for certified farmers' markets governing food preparation,
storage, and sampling. Under existing law, local health
agencies are primarily responsible for enforcing the code.
This bill would create a new type of non-permanent food
AB 226 (Atkins) Page 6 of ?
facility, defined as a "fishermen's market," that would be a
food facility operated by a licensed commercial fisherman or
an entity representing California seafood producers that sells
only raw fresh or fresh frozen fish, legally caught by
California-licensed commercial fishermen or harvested by
California-registered aquaculturists, directly to consumers.
This bill would establish and impose food safety and
sanitation requirements upon a fishermen's market, authorizing
only a licensed commercial fisherman or an entity representing
California seafood producers to act as the responsible person
and sole permit holder for a fishermen's market, and would
require that a permit application and site plan, including
specified information, to be submitted to the local
enforcement agency at least two weeks prior to the operation
of the fishermen's market.
2)Background on the Tuna Harbor Dockside Market. According to
the author, this bill originated when barriers to operating a
fishermen's market were identified in the process of opening
the Tuna Harbor Dockside Market (Tuna Harbor) in San Diego.
Tuna Harbor opened for business in August 2014. According to
the author, in order to open, it was required to obtain a
temporary event organizer permit for the market operator, and
an individual temporary vendor permit for each fisherman
selling at the market. According to the author, a stakeholder
group was convened, spearheaded by the County of San Diego (as
the local enforcement entity), to develop recommendations for
legislative changes that would streamline the permitting
process. The stakeholder group included local fishermen,
aquaculturists, the Port of San Diego, the National Marine
Fisheries Service, the Maritime Alliance, the University of
California San Diego Scripps Institute of Oceanography, and
others. Among the issues identified by this stakeholder was
the inability to allow fresh-caught fish to be cleaned by
fishermen for direct sales to the public at fishermen's
markets, and this bill contains an exemption from the
prohibition on food preparation at markets. Another issue was
that fresh-caught fish sales were only permitted to be sold
from permanent, temporary, or mobile food facilities, where
each participating fisherman is required to obtain a permit.
This bill permits a single permittee to complete the
permitting process and ensure that fishermen participating in
the market meet minimum sanitation, food safety and
administrative requirements. Finally, the author states that
the final recommendation of the stakeholder group related to
AB 226 (Atkins) Page 7 of ?
the siting of a permanent open air marketplace, specifically
permitting these markets to have an open front but be designed
so that the market is fully enclosed at the end of the
operating day and at any time the market is not in operation.
3)Related legislation. AB 234 (Gordon), revises provisions of
law governing community food producers or gleaners by allowing
them to sell whole uncut fruits or vegetables, or
unrefrigerated shell eggs, directly to a permitted food
facility, not just a restaurant, and limits the ability of a
local environmental health officer to require community food
producers or gleaners to register with the local enforcement
entity to only when the food producers or gleaners do not meet
certain conditions. AB 234 is also set for hearing on June 24,
2015, in this committee.
AB 143 (Wood), extends an exemption from food facility
regulation, that currently exists for breweries, to enable
wineries to offer prepackaged non-potentially hazardous food.
AB 143 passed the Senate Health Committee by a vote of 6-3 on
June 10, 2015.
4)Prior legislation. AB 2539 (Ting, Chapter 907, Statutes of
2014), made various changes to the rules governing certified
farmers' markets, 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.
SB 144 (Runner, Chapter 23, Statutes of 2006), established the
CRFC 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.
5)Support. This bill is co-sponsored by the San Diego Regional
Chamber of Commerce, the San Diego Unified Port District, the
County of San Diego and the City of San Diego. These sponsors
states that this bill would clarify and streamline state laws,
making it easier and safer for San Diego's Tuna Harbor
Dockside Market, and similar fishermen's markets, to grow and
thrive. These co-sponsors state that fishermen's markets allow
local residents to hand select their next meal directly from
the fresh catch brought ashore by local fishermen, which
provides greater access to fresh seafood, financially supports
AB 226 (Atkins) Page 8 of ?
those who catch it, and allows the community to connect with
the local fishing industry. According to the co-sponsors, this
bill will address the gap in existing law by allowing
commercial fishermen to organize under a single permit for
fishermen's markets in a style similar to certified farmers'
markets. By adding fishermen's markets to the definition of a
food facility, this bill will allow local health departments
to issue permits for a fishermen's market to operate as a
separate food facility, which expands the ability of fishermen
to sell fresh fish directly to the public on an ongoing basis.
Finally, the co-sponsors state that this bill is needed to
permit fishermen at fishermen's markets to clean and prepare
fresh fish for patrons, making the process more
consumer-friendly.
6)Seafood producers not defined. This bill requires a
fishermen's market to be operated by either a
California-licensed commercial fisherman, or "an entity
representing California seafood producers." There is no
license or permit for a "seafood producer." The sponsors have
indicated that the intent of this provision was to allow a
cooperative of fishermen to obtain the permit to operate the
fishermen's market. If the goal is to require the operation of
the fishermen's market to be directly linked to a licensed
fisherman, the author may wish to consider an amendment that
would revise this second option to instead be an entity
representing two or more licensed fishermen.
SUPPORT AND OPPOSITION :
Support: City of San Diego (co-sponsor)
County of San Diego (co-sponsor)
San Diego Regional Chamber of Commerce (co-sponsor)
San Diego Unified Port District (co-sponsor)
California Aquaculture Association
California Association of Environmental Health
Administrators
California Association of Port Authorities
California Fisheries and Seafood Institute
California Retail Food Safety Coalition
California Sea Grant College Program
California Sea Urchin Commission
California Wetfish Producers Association
Food and Beverage Association of San Diego County
San Diego County Food System Alliance
San Diego Fishermen's Working Group
AB 226 (Atkins) Page 9 of ?
San Diego Food System Alliance
Santa Barbara County Board of Supervisors
Slow Food California
Slow Food Urban San Diego
University of California San Diego - Center for
Community Health
Two individuals
Oppose: None received
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