BILL ANALYSIS                                                                                                                                                                                                    






              SENATE HEALTH AND HUMAN SERVICES
                     COMMITTEE ANALYSIS
              Senator Martha M. Escutia, Chair


BILL NO:       AB 1258                                      
A
AUTHOR:        Strom-Martin                                 
B
AMENDED:       April 15, 1999
HEARING DATE:  June 9, 1999                                 
1
FISCAL:        Appropriations                               
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CONSULTANT:                                                 
8
Margolis
                              

                           SUBJECT
                               
    Public health:  agricultural homestay establishments

                           SUMMARY  

This bill would provide 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.

                           ABSTRACT  

Existing law:
 
1.The California Uniform Retail Food Facilities Law  
  (CURFFL) regulates 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 the price of food is  
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  included in the price of the overnight transient  
  occupancy accommodation.

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, for 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 (Food and  
     Agricultural Code, Section 52262), and produces  
     agricultural products as its primary source of income.

                        FISCAL IMPACT  

According to the Assembly Appropriations Committee:  "Minor  
savings to local health officers by applying less stringent  
regulatory requirements to agricultural homestay  
establishments."

                  BACKGROUND AND DISCUSSION  

According to the author, visitors from across the country  
have been seeking ways to explore and enjoy the state's  
agricultural regions.  Likewise, small, family farmers have  
been looking for ways to diversify their incomes in order  
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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. Therefore, 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.  Homestays  
are popular in Italy, Ireland, Australia, New Zealand, and  
elsewhere throughout the world.

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  
in the law as "restricted food service transient occupancy  
establishments" (RFSTOEs), are exempt from some of the  
requirements of retail food service facilities, as long as  
they have 20 rooms or fewer and serve only one morning meal  
to guests.  This bill would allow agricultural homestay  
establishments to operate as RFSTOEs, thereby reducing the  
burden of becoming a retail food service facility.

















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Despite these limited exemptions, RFSTOEs still have to  
conform to substantial health and safety requirements.  In  
fact, the California Association of Environmental Health  
Administrators states that one of the most common sources  
of food-related illness is the consumption of food derived  
from "unapproved sources."  The Association points out  
that, if this bill becomes law, agricultural homestays  
would still be subject to CURFFL and therefore would not be  
permitted to serve any foods from "unapproved sources"  
(such as unpasteurized milk); they recommend that the  
bills' sponsors seek to ensure that farmers understand the  
requirements in the law.

                        PRIOR ACTIONS

  Assembly Floor:          78-0 Pass
Assembly Appropriations: 21-0 Do Pass
Assembly Health:         14-0 Do Pass to Consent

                          POSITIONS  

Support:       California Alliance with Family Farmers  
(co-sponsor)
               California Farm Bureau Federation  
(co-sponsor)
               California Oak Foundation

Oppose:   None received.

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