BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 226|
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CONSENT
Bill No: AB 226
Author: Atkins (D), et al.
Amended: 6/29/15 in Senate
Vote: 21
SENATE HEALTH COMMITTEE: 8-0, 6/24/15
AYES: Hernandez, Nguyen, Mitchell, Monning, Nielsen, Pan,
Roth, Wolk
NO VOTE RECORDED: Hall
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/7/15 (Consent) - See last page for
vote
SUBJECT: Retail food safety: fishermen's markets.
SOURCE: City of San Diego
County of San Diego
San Diego Regional Chamber of Commerce
San Diego Unified Port District
DIGEST: This bill 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.
ANALYSIS:
Existing law:
1) Establishes the California Retail Food Code (CRFC) to
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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.
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 degrees Fahrenheit or
colder.
6) Prohibits food preparation at certified farmers' markets,
with the exception of food samples.
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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 two or more
California-licensed commercial fishermen or
California-licensed commercial fishermen and
California-registered aquaculturists, 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.
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
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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.
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.
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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 two or more California-licensed commercial
fishermen or California-licensed commercial fishermen and
California-registered aquaculturists.
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
applicable to the type of facility being operated.
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1) Permits fish parts from the day's operations to be used for
bait by a licensed commercial fisherman or registered
aquaculturist.
2) Prohibits ice used for refrigeration purposes from being used
for consumption in food or beverages.
3) Requires a fishermen's market to meet the applicable
requirements of the CRFC, as specified.
4) 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.
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 creates a new type of non-permanent food 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 establishes and imposes 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 requires
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)The Tuna Harbor Dockside Market. According to the author,
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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
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.
Related Legislation
AB 234 (Gordon, 2015) 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
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gleaners do not meet certain conditions. AB 234 is pending on
the Senate Floor.
AB 143 (Wood, 2015) extends an exemption from food facility
regulation, that currently exists for breweries, to enable
wineries to offer prepackaged non-potentially hazardous food.
AB 143 has been ordered to Engrossing and Enrolling.
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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified7/14/15)
City of San Diego (co-source)
County of San Diego (co- source)
San Diego Regional Chamber of Commerce (co- source)
San Diego Unified Port District (co- source)
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
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San Diego County Food System Alliance
San Diego Fishermen's Working Group
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
OPPOSITION: (Verified7/14/15)
None received
ARGUMENTS IN 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 will 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
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.
ASSEMBLY FLOOR: 77-0, 5/7/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
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Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
Wood, Atkins
NO VOTE RECORDED: Campos, Roger Hernández, Steinorth
Prepared by:Vince Marchand / HEALTH /
7/14/15 16:51:31
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