BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1258|
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THIRD READING
Bill No: AB 1258
Author: Strom-Martin (D)
Amended: 4/15/99 in Assembly
Vote: 21
SENATE HEALTH & HUMAN SERV. COMMITTEE : 5-0, 6/9/99
AYES: Escutia, Figueroa, Mountjoy, Solis, Vasconcellos
NOT VOTING: Haynes, Hughes, Morrow, Polanco
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/24/99 - See last page for vote
SUBJECT : Public health: agricultural homestay
establishments
SOURCE : Community Alliance with Family Farmers
California Farm Bureau Federation
DIGEST : 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.
ANALYSIS : 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.
CONTINUED
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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
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.
(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.
Comments
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
to stay on the land and continue farming. Rural
communities have been seeking ways to add to their service
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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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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SUPPORT : (Verified 7/9/99)
Community Alliance with Family Farmers (co-source)
California Farm Bureau Federation (co-source)
California Oak Foundation
ASSEMBLY FLOOR :
AYES: Aanestad, Ackerman, Alquist, Aroner, Ashburn,
Baldwin, Bates, Battin, Baugh, Bock, Brewer, Briggs,
Calderon, Cardenas, Cardoza, Cedillo, Corbett, Correa,
Cox, Cunneen, Davis, Dickerson, Ducheny, Dutra,
Firebaugh, Florez, Floyd, Frusetta, Gallegos, Granlund,
Havice, Hertzberg, Honda, House, Jackson, Kaloogian,
Keeley, Knox, Kuehl, Leach, Lempert, Leonard, Longville,
Lowenthal, Machado, Maddox, Maldonado, Margett, Mazzoni,
McClintock, Migden, Nakano, Olberg, Oller, Robert
Pacheco, Rod Pacheco, Pescetti, Reyes, Romero, Runner,
Scott, Shelley, Soto, Steinberg, Strickland,
Strom-Martin, Thompson, Thomson, Torlakson, Vincent,
Washington, Wayne, Wesson, Wiggins, Wildman, Wright,
Zettel, Villaraigosa
NOT VOTING: Campbell, Papan
CP:sl 7/12/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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