BILL ANALYSIS Ó
AB 226
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CONCURRENCE IN SENATE AMENDMENTS
AB
226 (Atkins)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: | 77-0 | (May 7, 2015) |SENATE: |39-0 | (September 9, |
| | | | | |2015) |
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Original Committee Reference: HEALTH
SUMMARY: Defines and creates a framework for a "fishermen's
market" as a type of nonpermanent food facility that meets
specific requirements.
The Senate amendments:
1)Strike the term "California seafood producer" and instead
specify that a fishermen's market may be run by an entity
representing two or more California-licensed commercial
fishermen or California-registered aquaculturists.
2)Incorporate additional changes to Health and Safety Code
Section 113789, proposed by AB 143 (Wood) and AB 234 (Gordon)
of the current legislative session, that would become
operative only if this bill and either or both of those bills
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are chaptered and become effective January 1, 2016, and this
bill is chaptered last.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, this bill is necessary to
allow California fisherman to organize and sell their wares in
ways similar to popular and well-established Certified Farmers
Markets (CFMs). This bill is a result of a County of San Diego
convened stakeholder group which developed recommendations for
legislative changes to state law that would streamline the
permitting process and allow for future growth of fishermen's
markets. The author states that this bill will support
increased access to fresh seafood and support the fishing
industry in California by expanding the opportunities for the
public to have direct access to fresh seafood and encouraging
the availability of fishermen's markets within the state.
CFMs. Prior to 1977, regulations required farmers to properly
pack, size, and label their fresh fruits, nuts, and vegetables
in standard containers to transport and sell in markets anywhere
other than the farm site. Following the enactment of the
federal Farmer to Consumer Direct Marketing Act of 1976,
California Department of Food and Agriculture enacted
regulations that exempted farmers from packing, sizing and
labeling requirements for fresh fruits, nuts, and vegetables and
enabled them to sell products they grow at CFMs, provided they
receive certification from the county agricultural commissioner.
CFMs have become established in many California communities, as
have other outlets for direct marketing, such as farm stands and
community supported agriculture. There are roughly 800 farmers'
markets in California, a significant number of which operate
year-round.
A CFM must have a certificate issued by the county agricultural
commissioner authorizing it as a location where certified
producers can sell their products directly to consumers,
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organizations, or entities that subsequently sell or distribute
the products to end users. A CFM is also considered to be a
food facility and must have a health permit issued by the local
environmental health authority. It may be operated by one or
more certified producers, by a non-profit organization, or by a
local governmental agency. Each vendor selling certifiable
agricultural products at the CFM must obtain a Certified
Producer's Certificate, which allows them to sell fresh fruits,
nuts, vegetables, shell eggs, honey, cut flowers, and nursery
stock. These farmers must be certified and annually inspected
by their local county agricultural commissioner to verify that
all products are grown on the farmer's property.
Tuna Harbor Dockside Market. The County of San Diego, as part
of its Live Well San Diego initiative, supports improved access
to and the promotion of the advantages of local, fresh food,
including locally-caught fresh fish. As part of this effort,
and in support of local fishermen, aquaculturists, and San
Diego's Blue Economy, the County of San Diego partnered with the
San Diego Unified Port District to identify a location where
commercial fishermen could sell locally-caught fresh fish
directly to consumers. This resulted in the opening of the Tuna
Harbor Dockside Fishermen's Market in August of 2014. The
County of San Diego reviewed existing state law with a local
stakeholder group including local fishermen, aquaculturists, the
Port of San Diego, the National Marine Fisheries Service, the
Maritime Alliance, University of California San Diego Scripps
Institute of Oceanography, and others, and identified several
issues that can be streamlined to better accommodate open air
fresh catch Fishermen's Markets. In the process of opening the
Tuna Harbor Dockside Market, the County and stakeholders
identified barriers and developed legislative proposals to
address them.
Commercial Fishing and Aquaculture. Commercial fishing and
aquaculture are governed by the Fish and Game Code and regulated
by California Department of Fish and Wildlife (DFW). There are
many different types of commercial fishing licenses, depending
on various factors such as the type of vessel, type of catch, or
location of catch. When fish are landed in California -
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unloaded onto a dock - state law requires preparation of a
landing receipt that must include the location the fish was
caught, among other things. A licensed commercial fisherman who
has permits to fish in multiple states could catch fish in one
state and land in another, which would be reflected in the
landing receipt. State waters are limited to three miles off
the coast, federal waters are from three miles to 200 miles, and
international waters are more than 200 miles off-shore. DFW has
been delegated authority to manage many fisheries. For example,
Dungeness crab caught outside three miles in federal waters
would be handled just like fish caught in state waters.
Commercial fishing entitlements are not required for
aquaculturists, although they are required to register with DFW.
Several types of commercial fish businesses, separate from
commercial fishing, are licensed through DFW including fish
importer, fish retailer, fish wholesaler, and others.
The San Diego Regional Chamber of Commerce, one of the
cosponsors of this bill, states that this bill provides greater
access to fresh seafood, financially supports those who catch
it, and allows the community to connect with the local fishing
industry. Supporters of this bill state that it is necessary to
address the gap in existing law and regulation by allowing
commercial fishermen to organize under a single permit for
fishermen's markets in a style similar to CFMs. According to
the Food and Beverage Association of San Diego, fishermen's
markets allow local residents, for the first time in many years
to choose their next meal from the fresh catch brought ashore by
local fishermen and support the local fishing fleet.
There is no known opposition to this bill.
Analysis Prepared by: Dharia McGrew / HEALTH
/ (916) 319-2097 FN: 0002263
AB 226
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