BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1014|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
CONSENT
Bill No: AB 1014
Author: Fletcher (R) and Chesbro (D)
Amended: 6/15/11 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 6/8/11
AYES: Hernandez, Strickland, Alquist, Anderson, Blakeslee,
De Le�n, DeSaulnier, Rubio, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 5/12/11 (Consent) - See last page
for vote
SUBJECT : Food facilities: definition
SOURCE : California Small Brewers Association
DIGEST : This bill exempts premises set aside by a beer
manufacturer, as defined, for beer tasting, from the
definition of a food facility, thereby, exempting beer
tasting premises from the provisions of the California
Retail Food Code. This bill specifies that drinking
receptacles provided for "common use" must be cleansed and
sterilized thoroughly between uses.
ANALYSIS :
Existing law:
CONTINUED
AB 1014
Page
2
1. Establishes the California Retail Food Code (CRFC) to
govern 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 retail food facility as an operation that
stores, prepares, packages, serves, vends, or otherwise
provides food for human consumption at the retail level,
including, but not limited to public and private school
cafeterias, restricted food service facilities, licensed
health care facilities, commissaries, temporary food
facilities, vending machines, certified farmers markets,
as specified, and, farm stands, as specified.
3. Exempts premises set aside for wine tasting from
regulation under the CRFC if no other beverage, except
for bottles of wine and prepackaged nonpotentially
hazardous beverages, is sold for onsite consumption and
no food, except for crackers, is served.
This bill:
1. Exempts from the definition of a food facility and from
the provisions of CRFC premises set aside by a beer
manufacturer, as defined, for the purposes of beer
tasting, regardless of whether there is a charge for the
beer tasting, if no other beverage, except for beer and
prepackaged nonpotentially hazardous beverages, is
offered for sale for onsite consumption, and no food,
except for crackers or pretzels, is served.
2. Specifies that drinking receptacles provided for "common
use" must be cleansed between consecutive uses.
Background
California Retail Food Code . SB 144 (Runner), Chapter 23,
Statutes of 2006, repealed the California Uniform Retail
Food Facilities Law and established the CRFC in order to
create uniformity between California's retail food safety
laws and those of other states, as well as to enhance food
safety laws based on the best available science. CRFC is
modeled on the federal Model Food Code, which was drafted
CONTINUED
AB 1014
Page
3
by the United States Food and Drug Administration and is
updated every two years. CRFC is substantially similar to
the Model Food Code in terms of its substantive food safety
and sanitation content.
With the enactment of CRFC, local environmental health
departments have refocused their food facility inspections
to emphasize violations relating to federal Centers for
Disease Control and Prevention's (CDC) identified foodborne
illness risk factors and public health interventions. The
CDC has identified the following foodborne illness risk
factors: food from unsafe sources, inadequate cooking,
improper holding temperatures, contaminated equipment, and
poor personal hygiene. Public health interventions
identified by CDC include demonstration of knowledge,
employee health, time and temperature control, hands as a
source of contamination, and consumer advisories.
CRFC violations are considered misdemeanors, unless
otherwise specified, and can be punishable by a fine of not
less than $25 or more than $1,000, or by imprisonment in
the count jail for up to six months, or by both fine and
imprisonment. Local enforcement agencies can also charge
re-inspection fees and impose administrative penalties.
Additionally, local enforcement agencies can require that
retail food facilities establish a corrective action plan
with timelines to correct violations noted during
inspections.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/27/11)
California Small Brewers Association (source)
Island Brewing Company
Monkish Brewing Company, LLC
Stone Brewing Company
ARGUMENTS IN SUPPORT : The bill's sponsor, the California
Small Brewers Association (CSBA), states that tasting rooms
are being inspected for compliance with food facility
standards even when food is not being served. Monkish
Brewing Company writes that beer tasting rooms have had to
CONTINUED
AB 1014
Page
4
expend significant resources complying with regulations
written for restaurants and food preparation facilities
that have no relation to the health and safety of customers
in a tasting room. CSBA further argues that this bill
helps to promote growth in California's beer manufacturing
industry.
ASSEMBLY FLOOR : 70-0, 5/12/11 (Consent)
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel P�rez, Silva, Skinner, Smyth, Solorio,
Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell,
Roger Hern�ndez, Bonnie Lowenthal, Mitchell, Portantino,
Torres
CTW:mw 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED