BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2432|
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THIRD READING
Bill No: AB 2432
Author: John A. Perez (D)
Amended: 8/16/10 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 8-0, 6/30/10
AYES: Alquist, Strickland, Aanestad, Cedillo, Leno,
Negrete McLeod, Pavley, Romero
NO VOTE RECORDED: Cox
SENATE APPROPRIATIONS COMMITTEE : 10-0, 8/2/10
AYES: Kehoe, Alquist, Ashburn, Corbett, Emmerson, Leno,
Price, Wolk, Wyland, Yee
NO VOTE RECORDED: Walters
ASSEMBLY FLOOR : Not relevant
SUBJECT : Food facilities: prepackaged nonpotentially
hazardous foods
SOURCE : Author
DIGEST : This bill 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.
Senate Floor Amendments of 8/16/10 are technical.
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ANALYSIS :
Existing law
1. 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.
2. 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 food at the retail
level.
This bill:
1. Establishes a tiered statewide standard to permit
non-grocery retailers to sell prepackaged,
non-potentially hazardous food products.
2. Requires all permanent food facilities to comply with
the general provisions of the CRFC and definitions.
3. Requires varying compliance with other CRFC provisions,
depending on the square footage of the food display area
of the facility.
4. Exempts notwithstanding any provision of law to the
contrary, 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:
A. 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, and requires a permanent food
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facility with a food display area of 26 to 299
square feet to also comply with these provisions.
B. 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.
Background
California Retail Food Code . 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.
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
LEA update upfront minor
costs for each LEA Local*
inspection forms
LEA inspection and ongoing minor
savings Local
Enforcement
*Fully offset by fees
SUPPORT : (Verified 8/17/10)
24 Hour Fitness
California Retailers Association
Los Angeles Area Chamber of Commerce
The Home Depot
Valley Industry and Commerce Association
ARGUMENTS IN SUPPORT : Proponents of AB 2432 state that
this bill would provide much needed clarity in state law
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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.
CTW:do 8/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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