BILL ANALYSIS Ó
AB 384
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Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON HEALTH
Bonta, Chair
AB
384 (Perea) - As Introduced February 18, 2015
SUBJECT: Food safety.
SUMMARY: Repeals the current January 1, 2016 sunset date,
thereby making permanent, the $100 food safety fee paid by
persons engaged in manufacture, packing, or holding of processed
food in California.
EXISTING LAW:
1)Establishes the Sherman Food, Drug, and Cosmetic Law,
administered by the California Department of Public Health
(DPH), to regulate the manufacture, sale, labeling, and
advertising activities related to food, drugs, devices, and
cosmetics in conformity with the federal Food, Drug, and
Cosmetic Act.
2)Requires, until January 1, 2016, a person engaged in the
manufacture, packing, or holding of processed food in the
state to pay a food safety fee of $100 to DPH for a food
safety fund. Requires the funds to be used to assist in
developing and implementing education and training programs
related to food safety, known as the Food Industry Education
and Training Program (Program).
FISCAL EFFECT: This bill has not been analyzed by a fiscal
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committee.
COMMENTS:
1)PURPOSE OF THIS BILL. According to the author, after a series
of dangerous food contamination incidents, the food processing
industry asked the Legislature in 1995 to create the Food
Industry Education and Training Program. In 1997 due to DPH
not having the funding for the Program, the industry initiated
the $100 fee for every person who is engaged in the
manufacture, packing, or holding of processed food. This fee
is used to fund the education and training of food processors
in the safe handling and prevention of microbial contamination
of food products. The author notes that the industry
requested and supported previous extensions of the fee. With
the proven success of the program, the food processing
industry is now comfortable with the removal of the sunset
making the fee and program permanent.
2)BACKGROUND. In response to dramatic news stories of food
contamination, AB 1559 (Cardoza), Chapter 727, Statutes of
1997, established the Program within DPH. AB 1559 contained
sunset provisions for the program that were subsequently
legislatively extended several times. The current program
will expire on January 1, 2016. This bill would delete the
sunset provision entirely, making the Program and fee
permanent.
According to DPH, the Program is an industry-initiated program
that has been instrumental in developing high-quality training
courses, manuals, and videos that focus on food safety and
high-risk food commodity production. Many of the training
programs DPH's Industry Education and Training Unit has
developed have been nationally recognized and serve as models
of industry-government cooperation. Education and training is
a critical component of a comprehensive food safety program
and is specifically intended to help processors learn how they
can prevent food from becoming contaminated and thereby assist
them in reducing the incidence of costly food recalls and
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food-borne illness outbreaks.
3)SUPPORT. The California League of Food Processors, sponsor of
this bill, recognizes that safety training provided by this
program is critical in avoiding contamination incidents.
Additionally, they believe this program is a successful
collaboration between industry and government. The California
Chamber of Commerce supports this bill, noting that the
Program has been highly effective at providing multi-lingual
training to food processing workers on the basics of food
safety, sanitation and best management practices.
4)PREVIOUS LEGISLATION.
a) AB 2612 (Committee on Agriculture), Chapter 393,
Statutes of 2010, among other provisions, extended the
sunset on the food safety fee to January 1, 2016.
b) AB 1081 (Mathews), Chapter 401, Statutes of 2005, among
other provisions, extended the sunset on the food safety
fee to January 1, 2011.
c) AB 2981 (Committee on Agriculture), Chapter 535,
Statutes of 2002, among other provisions, extended the
sunset on the food safety fee to January 1, 2006.
d) AB 1548 (Cardoza), Chapter 915, Statutes of 1999, among
other provisions, extended the sunset on the food safety
fee to January 1, 2003.
e) AB 1559 establishes the Program within DPH. Creates the
Food Safety Fund (Fund) within the State Treasury in order
to provide education and training in the prevention of
microbial contamination. Mandates a $100 food safety fee
to be paid by food processors to the Fund.
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REGISTERED SUPPORT / OPPOSITION:
Support
California League of Food Processors (sponsor)
American Federation of State County and Municipal Employees,
AFL-CIO
California Chamber of Commerce
Morning Star Company
Opposition
None on file.
Analysis Prepared
by: Dharia McGrew / HEALTH / (916) 319-2097