BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 226
          Author:   Atkins (D)
          Amended:  9/4/15 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 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.

          Senate Floor Amendments of 9/4/15 delete the chaptering-out  
          sections that were recently added to this bill related to AB 143  
          (Wood), and replace these sections with new chaptering-out  








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          provisions that will protect both AB 143 (Wood) and AB 234  
          (Gordon), as well as this bill, in the event that all three  
          bills are enacted into law.

          Senate Floor Amendments of 8/19/15 add chaptering-out amendments  
          to avoid conflicting with AB 143 (Wood).

          ANALYSIS: 
          
          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 "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.

           3) 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.

           4) Prohibits food preparation at certified farmers' markets,  
             with the exception of food samples.

          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  







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             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  
             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  







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             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.

           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;







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              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.

           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.

           17)Incorporates provisions from AB 143 (Wood) and AB 234  
             (Gordon), in the event that all three bills are signed into  
             law, to ensure that they do not chapter each other out.

          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  







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            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,  
            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  







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            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.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified9/4/15)


          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
          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:   (Verified9/4/15)


          None received







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          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,  
            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 / 
          9/8/15 16:19:47







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