BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 1258
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ASSEMBLY THIRD READING
AB 1258 (Strom Martin)
As Amended April 15, 1999
Majority vote 

  HEALTH              14-0        APPROPRIATIONS      21-0        
  
 ----------------------------------------------------------------- 
|Ayes:|Gallegos, Granlund,       |Ayes:|Migden, Brewer, Ashburn,  |
|     |Aanestad, Bates, Corbett, |     |Campbell, Cedillo, Davis, |
|     |Firebaugh, Kuehl,         |     |Granlund, Hertzberg,      |
|     |Steinberg, Strickland,    |     |Kuehl, Maldonado, Papan,  |
|     |Thomson, Vincent, Wayne,  |     |Romero, Runner, Shelley,  |
|     |Wildman, Zettel           |     |Steinberg, Thomson,       |
|     |                          |     |Wesson, Wiggins, Wright,  |
|     |                          |     |Zettel, Washington        |
|-----+--------------------------+-----+--------------------------|
|     |                          |     |                          |
 ----------------------------------------------------------------- 
  SUMMARY :  Provides for the regulation of agricultural homestays,  
as defined, and expands the definition of "restricted food  
service transient occupancy establishment" (RFSTOE) to include  
an agricultural homestay.  Specifically,  this bill  :

1)Expands the definition of RFSTOE to include an agricultural  
  homestay establishment.  

2)Defines RFSTOE to include an agricultural homestay  
  establishment that meets all of the following requirements: 

   a)   No more than six guest rooms or 15 guests; 

   b)   Provides overnight transient accommodations; 

   c)   Serves food only to its registered guests and serves  
     meals at any time, and with respect to which the price of  
     food is included in the price of the overnight transient  
     occupancy accommodation;

   d)   Lodging and meals are incidental and not the primary  
     function of the agricultural homestay establishment; and,

   e)   The agricultural homestay establishment is located on,  
     and is a part of, a farm, as defined, and produces  
     agricultural products as its primary source of income. 








                                                          AB 1258
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  EXISTING LAW  : 

1)Regulates, under the California Uniform Retail Food Facilities  
  Law (CURFFL), sanitary standards in retail food establishments  
  and governs the general sanitation requirements for RFSTOEs.

2)Defines RFSTOE to mean an establishment of 20 guestrooms or  
  less, that provides overnight transient occupancy  
  accommodations; serves food only to its registered guests;  
  serves only a breakfast or similar early morning meal, and no  
  other meals; and with respect to which the price of food is  
  included in the price of the overnight transient occupancy  
  accommodation.

  FISCAL EFFECT  :  According to the Assembly Appropriations  
Committee analysis, minor savings to local health officers by  
applying less stringent regulatory requirements to agricultural  
homestay establishments.

  COMMENTS  :  The Community Alliance with Family Farmers and the  
California Farm Bureau are sponsoring this bill.  According to  
the author, farmers throughout the state are expressing a  
growing interest in offering agricultural homestays, in which  
visitors spend several days on a farm, observing or taking part  
in farm-related activities and exploring the surrounding  
countryside and towns.  Such stays include lodging and meals  
taken with the farm family.  Unfortunately, such agricultural  
homestay establishments are not currently permissible under  
California's retail food laws.  In order to offer meals to  
guests, farmers would need to effectively build a separate  
restaurant, conforming to all the regulations governing such  
places.  However, bed and breakfast establishments (B&Bs),  
currently referred to as RFSTOEs, are exempt from some of the  
requirements for a retail food service facility, as long as they  
have 20 rooms or fewer and serve only one morning meal to  
guests.  Despite these limited exemptions, RFSTOEs still have to  
conform to substantial health and safety requirements.  This  
bill is necessary for agricultural homestay establishments to  
operate as RFSTOEs, without the unmanageable burden of becoming  
a retail food service facility. 

California's farms are located in some of the most scenic  
landscapes in the state.  According to the author, visitors from  
across the country have been seeking ways to explore and enjoy  








                                                          AB 1258
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the state's agricultural regions.  Likewise, small, family  
farmers have been looking for ways to diversify their incomes in  
order to stay on the land and continue farming.  Rural  
communities have been seeking ways to add to their service  
economies and attract tourist dollars.  There has also been a  
growing desire on the part of farmers and rural communities to  
increase the understanding of farming and rural lifestyles.  The  
combination of these two desires has led to the growth of  
"agri-tourism."  "Pick-your-own farms," tours, food-oriented  
programs such as Sonoma Farm Trails, and other farm-related  
activities have been growing in number and popularity.  While  
this is a growing phenomenon, it has yet to hit its full stride.  
 Homestays are popular in Italy, Ireland, Australia, New  
Zealand, and elsewhere throughout the world.


  Analysis Prepared by  :  Ellen McCormick / HEALTH / (916) 319-2097  


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