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 2 5 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 Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 1258 (STROM-MARTIN) Page 2 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 Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 1258 (STROM-MARTIN) Page 3 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. Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 1258 (STROM-MARTIN) Page 4 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. -- END --