BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1513
                                                                  Page  1

          Date of Hearing:   May 2, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1513 (Allen) - As Amended:  April 17, 2012 

          Policy Committee:                              HealthVote:13 - 5

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill revises the California Retail Food Code (CRFC), which 
          governs all aspects of retail food safety and sanitation, to 
          include sanitation and safety requirements for indoor and 
          outdoor playgrounds on the premises of retail food facilities. 
          Specifically, this bill: 

          1)Requires a playground on the premises of a retail food 
            facility to meet the same standard of cleanliness that exists 
            for all other areas of the facility, except food handling and 
            preparation areas.

          2)Subjects a retail food facility with a playground to all of 
            the following requirements:

             a)   Develop a plan to ensure that indoor playground areas 
               are kept clean and free of hazardous conditions, including, 
               but not limited to, cracked or broken playground 
               structures.

             b)   Display, or furnish upon request, the retail food 
               facility's playground maintenance policy and dates on which 
               the playground was last inspected and cleaned.

             c)   Prohibit customers from taking food directly on 
               playground structures, including climbing structures and 
               slides, except that food may be taken to and consumed 
               within rest or observation areas in or near the playground 
               area.

          FISCAL EFFECT  









                                                                  AB 1513
                                                                  Page  2

          Costs associated with this legislation would be minor and 
          absorbable within existing resources. 

           COMMENTS  

           1)Purpose  .  The intent of this legislation is to ensure that the 
            same sanitation and safety rules that apply to other parts of 
            food service facilities also apply to any indoor or outdoor 
            play structures. The author maintains that CRFC lacks clarity 
            with respect to ensuring that playgrounds are sufficiently 
            clean and safe for use by children.  This bill would clarify 
            that playgrounds must be treated as part of the food 
            facilitys' premises.  

           2)Background  . The genesis for this legislation comes from an 
            organization called Kids Play Safe (KPS) which has tested the 
            safety and cleanliness of restaurant playgrounds in 11 states, 
            including California. The samples they have collected and 
            tested revealed the widespread presence of an array of 
            pathogens, from coliform (fecal) bacteria to staphylococcus 
            and acinetobacter lwoffii (meningitis), at levels that 
            indicate these playgrounds are not disinfected as frequently 
            as necessary.  

            KPS also reports that they have identified maintenance 
            problems with these structures including broken second-story 
            windows, cracks in slides and tubes, torn netting, missing 
            bolts and screws, and graffiti.

            Estimates indicate that there are more than 15,000 of these 
            facilities in operation nationwide, each with an average of 50 
            children per day at play.



           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081