BILL ANALYSIS
AB 2432
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CONCURRENCE IN SENATE AMENDMENTS
AB 2432 (John A. Perez)
As Amended August 16, 2010
Majority vote
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|ASSEMBLY: |76-0 |(May 3, 2010) |SENATE: |36-0 |(August 23, |
| | | | | |2010) |
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Original Committee Reference: HEALTH
SUMMARY : Creates a tiered statewide standard to exempt
non-grocery retailers that sell prepackaged nonpotentially
hazardous food, depending on the size of their food display
area, from certain requirements in the California Retail Food
Code (CRFC) governing retail food facilities.
The Senate amendments :
1)Exempt a permanent food facility with less than 300 square
feet of food display area that sells only prepackaged
nonpotentially hazardous food from requirements of the CRFC as
specified.
2)Require a permanent food facility with a food display area of
25 square feet or less to comply with the CRFC relative to
proper food storage, inspection and enforcement requirements,
impoundment of food, penalties, and owner/operator
responsibilities. Require facilities with a food display area
of 26 to 299 square feet to also comply with these provisions.
3)Make permanent food facilities with a food display area of 26
to 299 square feet additionally subject to the following CRFC
provisions: restroom requirements; physical enclosure
requirements; permitting and permit violations relating to
permit suspension, revocation, notification, and
reinstatement; and, post hearing penalties.
4)Authorize a local environmental health department (LEHD) to
recover the costs of investigation and enforcement associated
with the provisions of this bill.
EXISTING LAW :
AB 2432
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1)Establishes the CRFC to govern all aspects of retail food
safety and sanitation in California and makes LEHDs primarily
responsible for enforcing the CRFC through local food safety
inspection programs.
2)Defines a "permanent food facility" as a food facility
operation in a permanently constructed structure that stores,
prepares, packages, serves, manufactures, or otherwise handles
food for human consumption at the retail level.
AS PASSED BY THE ASSEMBLY , this bill exempted the areas of a
retail facility that sell nonfood-related items and prepackaged,
nonpotentially hazardous food and comprise more than 10,000
square feet of floor space from the restroom requirements of the
CRFC.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
LEHD update upfront minor costs for each LEHDLocal*
inspection forms
LEHD inspection and enforcement ongoing minor savingsLocal
*Fully offset by fees
COMMENTS : The Senate amendments establish a tiered statewide
standard to allow non-grocery retailers to sell prepackaged,
nonpotentially hazardous food, make all permanent food
facilities subject to the general food safety provisions of the
CRFC, and require varying levels of compliance with other CRFC
provisions based on the square footage of a facility's food
display area.
According to the author, this bill is intended to provide
clarity in state law with regard to the incidental sale of
prepackaged food items, such as bottled water, soda and candy
bars, at non-grocery retailers. The California Retailers
Association and Home Depot write in support of this bill that
local interpretations of the law and subsequent negotiations
among affected stakeholders have prompted the need to regulate
AB 2432
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non-hazardous food sales for non-grocery retailers. This bill
sets forth a statewide standard to permit non-grocery retailers
that sell prepackaged, nonpotentially hazardous food products
from being required to comply with the list of requirements in
existing law that are more appropriately applicable to grocery
stores, restaurants, and other food facilities that handle and
prepare food.
Analysis Prepared by : Cassie Rafanan / HEALTH / (916)
319-2097
FN: 0006029