BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 724


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          Date of Hearing:   April 28, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 724  
          Dodd - As Amended April 20, 2015


          SUBJECT:  Temporary food facilities:  community event.


          SUMMARY:  Adds district fairs as a type of "community event" in  
          the California Retail Food Code (CRFC).  


          EXISTING LAW:  





          1)Establishes the CRFC, which states the intent of the  
            Legislature to occupy the whole field of health and sanitation  
            standards for retail food facilities and makes standards set  
            forth in CRFC exclusive of all local health and sanitation  
            standards relating to retail food facilities, with specified  
            exceptions.  Vests local enforcement agencies with primary  
            responsibility for enforcement of CRFC.

          2)Defines a food facility as an operation that stores, prepares,  
            packages, serves, vends, or otherwise provides food for human  
            consumption, on or off the premises, regardless of whether  
            there is a charge, at the retail level.  Creates standards  
            particular to specific types of food facilities which include:  








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             Permanent food facilities; Mobile food facilities; Nonprofit  
            charitable temporary food that are operated four times a year  
            by a nonprofit charitable organization; Temporary food  
            facilities that are assembled and remain fixed during a  
            community event or swap meet; Certified farmers' markets  
            certified by the County Agricultural Commissioner; and, Farm  
            stands.  


          3)Defines a temporary food facility as a food facility approved  
            by the enforcement officer that operates at a fixed location  
            for the duration of an approved community event or at a swap  
            meet and only as a part of the community event or swap meet. 


          4)Defines community event as an event that is of civic,  
            political, public, or educational nature, including state and  
            county fairs, city festivals, circuses, and other public  
            gathering events approved by the local enforcement agency. 


          5)Assigns regulatory authority and responsibility for fiscal and  
            policy oversight of fairs to the California Department of Food  
            and Agriculture (DFA) 

          FISCAL EFFECT:  None. 


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, this bill  
            harmonizes the definition of district fairs across the state  
            and in doing so provides for uniform and equitable enforcement  
            of health code.  County environmental health divisions are  
            given a large degree of discretion in the CRFC to determine  
            best practices at all categories of food facilities.  While  
            this local discretion is critical in ensuring food safety  
            across different regions, it has also resulted in uneven  








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            enforcement of regulations across the state.  The author  
            asserts that local control of food safety requirements  
            presents a particular challenge for events with traveling  
            components such as fairs and golf tournaments. In extreme  
            cases the result is such that food practices which guarantee  
            approval to operate in one county may fail to pass in another  
            county, or only secure operational approved for a very limited  
            time, typically three to five days.  The author states that  
            issues have arisen when a community event is scheduled for a  
            longer period of time than its food facilities are granted  
            approval to operate.


          2)BACKGROUND.  The CRFC is patterned after the federal Food and  
            Drug Administration (FDA) Food Code, which is a model for  
            local, state, and federal jurisdictions that are responsible  
            for ensuring food safety. According to the FDA, the Food Code  
            represents FDA's best advice, updated every four years, for a  
            uniform system of provisions that address the safety and  
            protection of food offered at retail and in food service.  
            Forty-eight states and territories have adopted food codes  
            patterned after the FDA Food Code, representing over 80% of  
            the U.S. population.


          3)DISTRICT FAIRS.  District fairs, also known as District  
            Agricultural Associations (DAAs) are within the network of  
            California fairs and expositions.  DAAs are largely the same  
            as County Fairs, although DAAs have more strict reporting  
            requirements to DFA because they are a state entity, while  
            county fairs are operated through a contract with the County  
            Board of Supervisors or other local government.  Among the 78  
            California fairs there are 52 DAAs, 23 County Fairs, two  
            Citrus Fruit Fairs, and the California Exposition and State  
            Fair.


          4)RELATED LEGISLATION.  









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             a)   AB 143 (Wood) expands an exemption in the CRFC allowing  
               wine tasting rooms that currently only serve crackers to  
               also serve pretzels or prepackaged non-potentially  
               hazardous foods.  AB 143 passed out of this committee on  
               April 21, 2015 with a vote of 16-0 and is now pending in  
               Assembly Appropriations Committee. 

             b)   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.





          5)POLICY COMMENT.  Under DFA regulation, district fairs and  
            county fairs are treated largely the same.  It is not clear  
            that there is a need to differentiate district and county  
            fairs within the CRFC.  
          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file.




          Opposition










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          None on file.




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