BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 746 Hearing Date: April 14,
2015
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|Author: |Wolk | | |
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|Version: |February 27, 2015 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Angee Doerr |
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Subject: Food safety: grist mills
BACKGROUND AND EXISTING LAW
In 2011, AB1589 was passed by the California legislature and
signed into law. This bill stated that it was "imperative that
the state commit to a long-term goal of adequately and
sustainably funding and maintaining California's state park
system to protect these irreplaceable resources and to preserve
California's legacy for the benefit of all Californians. To this
end, it is necessary that the state identify new revenue
strategies that will move the state toward that goal, and affirm
a state policy that park closures are to occur only as a last
resort, and only after all reasonable alternatives have been
pursued."
Towards this end, the Parks Forward Initiative was created.
Within the Initiative, an independent panel of experts,
citizens, and advocates, called the Parks Forward Commission,
was designated to assess the state park system and recommend
substantial improvements. Specifically, they were tasked to
address the "financial, operational, cultural, and population
challenges facing state parks to ensure the system's long-term
viability, functionality, and relevance."
In February, 2015, the Parks Forward Commission released its
Final Recommendations. This report suggested, amongst other
actions, a "rededication to working with park partners" and a
focus on innovative ways to increase revenue.
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There is precedent in the law for generating revenue through the
sale of "historically authentic" goods at state historical
units, such as the Bale Grist Mill. "Certain agricultural,
mercantile, or other commercial activities may be permitted if
those activities are a part of the history of the individual
unit and any developments retain or restore historical
authenticity" (PRC §5019.59). Several species of citrus, for
example, are grown at the California Citrus State Historic Park.
Although the current bill refers to historic grist mills in
general, the only location that would qualify for the exemptions
stated is Bale Grist Mill State Historic Park. This park
includes the mill and its 36-foot water wheel, which are
protected as a state historic landmark, as well as Pioneer
Cemetery and the site of the first church in the Napa Valley. It
is currently being managed through a partnership between Napa
County Regional Park and Open Space District and the nonprofit
Napa Valley State Parks Association.
A nearly identical bill, SB 170 (Wolk), was vetoed. The issues
raised in the Governor's veto message are being addressed by the
author's office, and are reflected in this bill.
PROPOSED LAW
This bill would allow the Bale Grist Mill State Historic Park to
sell flour produced onsite by providing for a specific exemption
from existing requirements for processed food and retail food
facilities. This exemption would begin January 1, 2018.
ARGUMENTS IN SUPPORT
According to the author, "Bale Grist Mill State Historic Park is
a flour mill that predates California's statehood. The historic
construction of the mill prevents it from being altered to
comply with the standards for a food processing facility or a
retail food facility. Even with the two exemptions provided in
SB 746, all grains milled at the facility would meet applicable
federal food adulteration standards for cleanliness and safety."
The author continues, "originally selected for closure along
with 69 other state parks, Bale Grist Mill is now operated
through a partnership between the Napa County Regional Park and
Open Space District and the Napa Valley State Parks Association.
Allowing milled flour to be sold for human consumption will help
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generate revenue necessary to maintain the park and preserve
this unique facility for future visitors."
The Napa County Regional Park and Open Space District adds, "the
bill would exempt the unique, National Register of Historic
Places-listed Bale Grist Mill from the state's processed and
retail food registration requirements. This would allow grain
produced at the grist mill to be sold to park visitors for human
consumption. Such sales are an important component of our
long-term strategy to preserve the landmark mill and introduce
the public to life in the 19th century, without taxpayer
subsidy."
ARGUMENTS IN OPPOSITION
None Received
COMMENTS
Would allow flour to be sold for consumption . This bill would
allow the Bale Grist Mill State Historic Park to sell flour
produced onsite without requiring the flour be labeled "not fit
for human consumption", by providing for a specific exemption
from existing requirements for processed food and retail food
facilities.
Why was last year's bill vetoed? A nearly identical bill was
vetoed by the governor at the end of the 2014 legislative year.
The veto message indicated that the proposed start of the
exemption did not provide enough time for best management
procedures to be developed. This bill would provide more time
for that work to be completed, and the author continues to work
with the Department of Public Health and the Department of Parks
and Recreation on the issue.
Dual-referred to Health Committee. This bill has been
dual-referred to the Senate Health Committee. Health and Safety
Code and food safety related issues or concerns will be
addressed by that committee.
SUPPORT
City of Napa
Napa County Regional Park and Open Space District
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OPPOSITION
None Received
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