BILL ANALYSIS Ó AB 234 Page 1 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 AB 234 Page 2 (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 AB 234 Page 3 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 AB 234 Page 4 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