BILL ANALYSIS Ó
AB 384
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
384 (Perea) - As Introduced February 18, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill repeals the January 1, 2016, sunset date on a food
safety and education training program and associated fee within
the California Department of Public Health. The fee is paid by
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entities manufacturing, processing, or storing processed food.
FISCAL EFFECT:
$640,000 in annual fee revenue (Food Safety Fund) will continue
to fund three CDPH staff and activities in the food safety
training and education program.
COMMENTS:
1)Purpose. According to the author, the fee whose sunset is
being removed 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
the food processing industry requested and supported the
initiation of the fee to fund the program, and has requested
and supported previous extensions of the fee. With the proven
success of the program, the industry is now comfortable with
the removal of the sunset, making the fee and program
permanent. The California League of Food Processors, sponsor
of this bill, recognizes that safety training provided by this
program is critical in avoiding contamination incidents.
2)Related Budget Item. Recent media and regulatory attention
suggests continuing, and perhaps additional, food safety
education and training is warranted.
According to CDPH, in July 2013, an investigation of Sysco
Corporation was initiated by the Food and Drug Branch of CDPH
based on a media investigation of claims that Sysco was
transporting and dropping off highly perishable foods at
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unrefrigerated public storage units for later pick-up and
delivery to food facilities in the personal vehicles of Sysco
associates. The resulting investigation by FDB verified
significant gaps in Sysco's food safety program, including
gross violations such as storing potentially hazardous foods
in unregistered facilities, transporting and storing
potentially hazardous perishable food in unrefrigerated
conditions, and not protecting products from potential
contamination. A review by CDPH of Sysco distribution records
over the last four years identified over 1.1 million separate
violations.
Settlement of a civil complaint filed by the Santa Clara
County District Attorney's Office, as a result of CDPH's
investigation of Sysco Corporation, includes $3.3 million
specifically earmarked for DPH to conduct food safety
transportation enforcement activities within the state, and
identify other operations that are illegally storing and
distributing perishable and non-perishable food in a manner
that does not protect them from contamination.
The Governor's budget requests four five-year limited-term
positions and $716,000 from the Food Safety Fund to implement
additional enforcement activities as a result of this
stipulated judgment.
3)Previous Legislation. AB 1559 (Cardoza), Chapter 727, Statutes
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of 1997, established the Program and the fee. Four subsequent
bills, in 1999, 2002, 2005, and 2010 extended the fee sunset.
Analysis Prepared by:Lisa Murawski / APPR. / (916)
319-2081