BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 226| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 226 Page 2 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 AB 226 Page 3 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 AB 226 Page 4 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; AB 226 Page 5 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 AB 226 Page 6 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 AB 226 Page 7 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 AB 226 Page 8 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 AB 226 Page 9 **** END ****