BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 234


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          ASSEMBLY THIRD READING


          AB  
          234 (Gordon)


          As Introduced  February 4, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                   |Noes                |
          |----------------+------+-----------------------+--------------------|
          |Health          |16-1  |Bonta, Maienschein,    |Chávez              |
          |                |      |Bonilla, Burke, Chiu,  |                    |
          |                |      |Gomez, Gonzalez,       |                    |
          |                |      |Lackey, Nazarian,      |                    |
          |                |      |Patterson,             |                    |
          |                |      |Ridley-Thomas,         |                    |
          |                |      |Rodriguez, Santiago,   |                    |
          |                |      |Steinorth, Thurmond,   |                    |
          |                |      |Wood                   |                    |
          |----------------+------+-----------------------+--------------------|
          |Appropriations  |15-0  |Gomez, Bigelow, Bonta, |                    |
          |                |      |Calderon, Chang, Daly, |                    |
          |                |      |Eggman, Gallagher,     |                    |
          |                |      |Eduardo Garcia,        |                    |
          |                |      |Holden, Quirk, Rendon, |                    |
          |                |      |Wagner, Weber, Wood    |                    |
          |                |      |                       |                    |
          |                |      |                       |                    |
           -------------------------------------------------------------------- 


          SUMMARY:  Expands from "restaurant" to the more general "food  
          facility" the type of facility to which a community food producer  








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          (CFP) or gleaner can sell fruits, vegetables, or eggs.   
          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.
          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, negligible state costs.


          COMMENTS:  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.


          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 by CDFA and posted on their Web site. Upon signing AB  
          1990 in September 2014, Governor Brown issued the following  
          signing statement:  "There is some concern that AB 1990 would  








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          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.



          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), Chapter  
          415, Statutes of 2012 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."



          The Association of California Egg Farmers oppose this bill, unless  
          all reference to "unrefrigerated shell eggs" is removed from the  
          bill.  They believe that this bill does not adequately ensure that  
          food safety standards are met for eggs.  They argue that under  








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          this bill, eggs contaminated with Salmonella could easily make  
          hundreds, maybe thousands, of Californians sick in just one week. 




          Analysis Prepared by:                                               
                          Dharia McGrew / HEALTH / (916) 319-2097  FN:  
          0000159