BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 234


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          Date of Hearing:   April 7, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                    Bonta, Chair


          AB  
                     234 (Gordon) - As Introduced  February 4, 2015


          SUBJECT:  Food:  sale.


          SUMMARY:  Expands the type of food facility that a "community  
          food producer" (CFP) may sell fruits, vegetables, or eggs to.   
          Specifically, this bill permits a CFP or a gleaner, as these  
          terms are defined by this bill, unless prohibited by a local  
          jurisdiction that has adopted an ordinance regulating community  
          food production, to sell or provide whole uncut fruits or  
          vegetables, or unrefrigerated shell eggs, directly to the  
          public, to any licensed food facility, or to a cottage food  
          operation if the CFP meets specific requirements, in addition to  
          any requirements imposed by a locally adopted ordinance.


          EXISTING LAW:  


          1)Establishes the California Retail Food Code (CRFC), which  
            governs all aspects of retail food safety and sanitation in  
            California under the CRFC.  Specifies that primary  
            responsibility for enforcement of the CRFC is with local  
            enforcement agencies, typically local environmental health  
            departments.

          2)Requires, under the CRFC, that food be obtained from "approved  
            sources," which is defined as sources that comply with all  
            applicable laws, or a producer, manufacturer, distributor, or  
            food facility that is acceptable to the enforcement agency  








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            based on a determination of conformity with applicable laws,  
            or, in the absence of applicable laws, with current public  
            health principles and practices, and generally recognized  
            industry standards that protect public health.



          3)Deems as coming from an approved source any whole uncut fruit  
            or vegetable, or unrefrigerated shell egg, grown or produced  
            in compliance with all applicable federal, state, or local  
            laws, regulations, and food safety guidelines issued by a  
            regulatory agency.



          4)Permits farmers to sell fresh fruits, nuts, and vegetables  
            that they produce, directly to the public at a certified  
            farmers' market, a field retail stand, or a farm stand, and  
            exempts this produce from certain minimum size, packaging and  
            labeling requirements, subject to specified conditions.   
            Limits farmers to selling produce that does not conform to  
            size, packaging and labeling requirements only to consumers  
            who are end users, or individuals or entities that  
            subsequently sell the produce directly to end users.



          5)Permits a CFP, defined as a producer of agricultural products  
            on land that is not zoned for agricultural use, to sell whole  
            uncut fruits or vegetables, or unrefrigerated shell eggs,  
            directly to the public, to permitted restaurants, or to a  
            cottage food operation if the CFP follows certain  
            requirements.



          6)Requires a producer that markets whole produce, shell eggs, or  
            processed foods through a community-supported agriculture  
            program to register as a direct marketing producer.  Requires  
            the annual registration fee for registration as a direct  
            marketing producer to be set at the actual cost of  
            registration, with a maximum fee of $100 annually. 








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          7)Requires the Department of Food and Agriculture (CDFA), in  
            consultation with the Department of Public Health and local  
            health officers or designees, to publish and post on DFA's  
            Internet Web site small farm food safety guidelines on the  
            safe production, processing, and handling of both  
            non-potentially hazardous and potentially hazardous foods.


          FISCAL EFFECT:  This bill has not been analyzed by a fiscal  
          committee. 


          COMMENTS:


          1)PURPOSE OF THIS BILL.  According to the author, the local  
            agriculture movement is experiencing burgeoning popularity,  
            and California has become a trailblazer in progressive food  
            and farm legislation. Additionally, there has been a dramatic  
            growth in a wide range of community and urban gardens, as well  
            as locally produced food, throughout the past decade. These  
            small production sites include personal gardens, culinary  
            gardens, community gardens, and school gardens.  This bill  
            expands on efforts in recent years to allow gleaners and CFPs  
            to engage in direct sales of produce to the public.  The  
            author states that this bill is responsive to the Governor's  
            veto message. By striking the word "restaurant" and replacing  
            it with "food facility," this bill ensures explicit  
            clarification as to what entities CFPs are allowed to sell or  
            provide whole uncut fruit, vegetables or unrefrigerated shell  
            eggs to.

          2)BACKGROUND.  Last year, AB 1990 (Gordon), Chapter 580,  
            Statutes of 2014, defines "CFPs" and "gleaners," and allows  
            CFPs or gleaners to sell or provide whole uncut fruits or  
            vegetables or unrefrigerated shell eggs, directly to the  
            public, to a permitted restaurant, or to a cottage food  
            operation, if the CFP complies with a variety of health and  
            safety requirements or Best Management Practices established  








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            by CDFA and posted on their Website. 
            Upon signing AB 1990 in September 2014, Governor Brown issued  
            the following signing statement:  "There is some concern that  
            AB 1990 would inadvertently limit the existing paths for  
            producers and gleaners to sell locally. This is not my intent.  
             The language in this bill is clearly expansive, not  
            restrictive." 

            This bill would allow a CFP to sell their product directly to  
            any type of food facility, instead of just restaurants.  This  
            would include public and private school cafeterias, some  
            licensed health care facilities, commissaries, mobile food  
            facilities, mobile support units, and temporary food  
            facilities.



          3)SUPPORT.  The California Association of Environmental Health  
            Administrators, sponsor of the bill, supports this work as a  
            continued effort to facilitate access to healthy foods like  
            fresh fruit and vegetables for all Californians.  They state  
            that in 2012, Community Supported Agriculture (CSA)  
            legislation AB 224 (Gordon) Chapter 404, Statutes of 2013,  
            provided the platform to clarify the regulation of "community  
            gardens and community supported agriculture" from a food  
            safety perspective.  Then, the statewide approach in AB 1990  
            promoted safe community food while recognizing local land use  
            and zoning authority.  By adhering to local land use zoning  
            requirements, it reduced demands on local governments to adopt  
            a patchwork quilt of individual local ordinances.  It provided  
            a statewide set of best management practices consistent with  
            recently enacted cottage food law, AB 1616 (Gatto), and CSA  
            laws.  To remedy this limitation, this bill will explicitly  
            allow all community food produced in compliance with these  
            best management practices to be sold at all retail food  
            facilities by striking the word "restaurant" and replacing it  
            with "food facility".

          4)RELATED LEGISLATION.

             a)   AB 143 (Wood) expands an exemption in the CRFC allowing  
               wine tasting rooms that currently only serve crackers to  








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               also serve pretzels or prepackaged non-potentially  
               hazardous foods.  AB 143 is pending in Assembly Health  
               Committee. 
             b)   AB 226 (Atkins) creates and defines a Fishermen's Market  
               as a type of nonpermanent food facility.  AB 226 is pending  
               in Assembly Health Committee.

             c)   AB 724 (Dodd) revises the definition of community event  
               to include a district fair, and would require a temporary  
               food facility to be granted a permit to operate at a  
               community event if the enforcement agency makes a  
               determination that the temporary food facility meets  
               specified requirements, and requires the permit to be  
               issued for the entire duration of the community event.  AB  
               724 is pending in Assembly Health Committee.



             d)   AB 1076 (Mayes) exempts from the definition of a food  
               facility, a snack bar operated by a charitable nonprofit  
               organization and authorizes snack bars to undertake limited  
               food preparation, as defined.  AB 1076 is pending in  
               Assembly Health Committee.



             e)   SB 746 (Wolk) exempts, beginning January 1, 2018, grain  
               milled and sold at the Bale Grist Mill State Historic Park  
               from registration and other requirements applicable to  
               retail food facilities if certain conditions are met.  SB  
               746 is pending in Senate Natural Resources and Water  
               Committee. 


          5)PREVIOUS LEGISLATION.

             a)   AB 1990 permits a CFP, defines as a producer of  
               agricultural products on land that is not zoned for  
               agricultural use, to sell whole uncut fruits or vegetables,  
               or unrefrigerated shell eggs, directly to the public,  
               including restaurants, if the CFP follows certain  
               requirements.








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             b)   AB 224 creates definitions dealing with requirements for  
               CSAs; and, authorizes the CDFA to establish fees, not to  
               exceed $100, to administer this new program as specified.

             c)   AB 1616 (Gatto), Chapter 415, Statutes of 2012, provides  
               a regulatory framework for the production in home kitchens  
               of food for sale, referred to as cottage food operations.

             d)   AB 2168 (Jones), Chapter 447, Statutes of 2008, expands  
               the definition of direct marketing to include farm stands,  
               field retail stands, and other forms of direct marketing,  
               revises related definitions, and authorizes CDFA to adopt  
               regulations to regulate direct marketing, as specified.

             e)   AB 593 (Strom-Martin), Chapter 833, Statutes of 1999,  
               codifies regulations exempting direct marketers from  
               specified packing and labeling standards, amends fee  
               structures, and authorizes farmers' markets to establish  
               rules and procedures.
          


          REGISTERED SUPPORT / OPPOSITION:
          Support


          California Association of Environmental Health Administrators  
          (sponsor)


          Community Alliance with Family Farmers 


          Roots of Change


          Opposition


          None on file.










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          Analysis Prepared  
          by:              Dharia McGrew / HEALTH / (916) 319-2097