BILL ANALYSIS
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Elaine K. Alquist, Chair
BILL NO: AB 2432
A
AUTHOR: John A. P?rez
B
AMENDED: June 22, 2010
HEARING DATE: June 30, 2010
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CONSULTANT:
4
Tadeo/
3
2
SUBJECT
Food facilities: prepackaged non-potentially hazardous
foods
SUMMARY
Exempts a permanent food facility that has less than 300
square feet of display area, and that sells only
prepackaged food that is not potentially hazardous food,
from the requirements of the California Retail Food Code,
except for specified provisions.
CHANGES TO EXISTING LAW
Existing law:
Establishes the California Retail Food Code (CRFC) which
governs all aspects of retail food safety and sanitation in
California, and makes local environmental health
departments primarily responsible for enforcing CRFC
through local food safety inspection programs.
Defines a permanent food facility to mean a food facility
operating in a permanently constructed structure, including
any room, building, place or portion thereof, maintained ,
used, or operated for the purpose of storing, preparing,
serving, manufacturing, packaging, or otherwise handling
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 2432 (John A. P?rez)
Page 2
food at the retail level.
This bill:
Establishes a tiered statewide standard to permit
non-grocery retailers to sell prepackaged, non-potentially
hazardous food products. Requires all permanent food
facilities to comply with the general provisions of the
CRFC and definitions.
Requires varying compliance with other CRFC provisions,
depending on the square footage of the food display area of
the facility.
Notwithstanding any provision of law to the contrary,
exempts a permanent food facility that has a food display
area of less than 300 square feet, and that sells only
prepackaged food that is not potentially hazardous food,
from the requirements of the California Retail Food Code
except as follows:
Requires a permanent food facility with a food
display area of 25 square feet or less to comply with
CRFC provisions relating to proper storage of food,
inspection and enforcement provisions, impoundment of
food, penalties, and owner/operator responsibilities.
Requires a permanent food facility with a food display
area of 26 to 299 square feet to also comply with
these provisions.
Requires a permanent food facility with a food
display area of 26 to 299 square feet to additionally
comply with CRFC provisions relating to permitting and
permit violations, permit suspensions and revocations,
notification, imminent hazard and temporary
suspension, post hearing penalties, and permit
reinstatement.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
According to the author, AB 2432 would establish a
statewide standard to permit non-grocery retailers to sell
prepackaged, non-potentially hazardous food products
STAFF ANALYSIS OF ASSEMBLY BILL 2432 (John A. P?rez)
Page 3
without requiring compliance with food safety laws
applicable to grocery stores and restaurants, since there
is no food preparation activity in non-grocery retail
stores. The author adds that this bill is a result of an
incident that occurred in Los Angeles County in 2009. The
Los Angeles County Department of Environmental Health
required Home Depot to reconstruct and renovate 48 LA
County area store bathroom facilities because it was
determined that the stores were food facilities because
they sold bottled water in cases and candy at the
registers. The cost to Home Depot would have been over $1
million. The County later withdrew the citation, but the
incident highlighted the need for a clear, statewide
standard.
California Retail Food Code (CRFC)
According to the California Association of Environmental
Health Administrators (CAEHA) which publishes the CRFC,
foodborne illness in the United States is a major cause of
personal distress, preventable death, and avoidable
economic burden. The food industry and regulatory
authorities share responsibility for ensuring that food
provided to the consumer is safe and does not become a
cause of a disease outbreak or contribute to the
transmission of communicable diseases. This shared
responsibility extends to ensuring that consumer
expectations are met and that food is unadulterated,
prepared in a clean environment, and honestly presented.
The CAEHA publication states that the provisions contained
in the CRFC provide for a system of prevention and
overlapping safeguards designed to minimize foodborne
illness, ensure employee health, demonstrate industry
manager knowledge, ensure safe food, specify nontoxic and
cleanable equipment, and delineate acceptable levels of
sanitation of food facility premises.
The provisions contained in the CRFC that are applicable to
all retail food facilities include its general provisions,
definitions, and provisions pertaining to management and
personnel, general food safety requirements, cleaning and
sanitizing standards, and standards pertaining to
equipment, utensils and linens, water, plumbing and waste,
physical facilities temporary food facilities, trans fat,
and compliance and enforcement.
STAFF ANALYSIS OF ASSEMBLY BILL 2432 (John A. P?rez)
Page 4
The CRFC also specifies standards particular to specific
types of food facilities which include:
Permanent food facilities;
Mobile food facilities;
Nonprofit charitable temporary food that are
operated four times a year by a nonprofit charitable
organization;
Temporary food facilities that are assembled and
remain fixed during a community event or swap meet;
Certified farmers' markets certified by the County
Agricultural Commissioner; and,
Farm stands.
Arguments in support
Proponents of AB 2432 state that this bill would provide
much needed clarity in state law governing the incidental
sale of prepackaged food items, such as bottled water, soda
and candy items, at non-grocery retailers. Proponents note
that local interpretations of the law and subsequent
negotiations have prompted the need to clarify
non-hazardous food sales for non-grocery retailers.
PRIOR ACTIONS
Assembly Health: 18-0
Assembly Floor: 76-0
POSITIONS
Support: California Retailers Association
Los Angeles Area Chamber of Commerce
The Home Depot
Valley Industry and Commerce Association
24 Hour Fitness
Oppose: None received
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