BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1513|
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THIRD READING
Bill No: AB 1513
Author: Allen (D)
Amended: 8/15/12 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 5-2, 6/13/12
AYES: Hernandez, Alquist, DeSaulnier, Rubio, Wolk
NOES: Harman, Anderson
NO VOTE RECORDED: Blakeslee, De Le�n
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 49-26, 5/14/12 - See last page for vote
SUBJECT : Playgrounds: retail food facilities
playgrounds
SOURCE : Author
DIGEST : This bill requires that playgrounds on the
premises of a food facility meet the same standard of
cleanliness for all other areas of the food facility, with
specified exceptions, and imposes requirements on a food
facility with a playground on the premises to develop a
policy to ensure the safety and cleanliness of the
playground.
Senate Floor Amendments of 8/15/12 clarify which playground
facilities would be subject to the provisions of the bill.
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AB 1513
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ANALYSIS :
Existing law:
1. Requires, within the California Retail Food Code, that
all premises of a food facility to be kept clean, fully
operative, and in good repair.
2. Defines "playground" as an improved outdoor area
designed, equipped, and set aside for children's play
that includes any playground equipment, fall zones,
surface materials, access ramps and all areas within and
including the designated enclosure and barriers.
Excludes areas intended for use as athletic playing
fields or athletic courts from this definition.
This bill:
1. Requires that playgrounds on the premises of a food
facility meet the same standard of cleanliness that
exists for all other areas of the food facility, with
the exception of food handling and preparation areas.
2. Requires a retail food facility with a playground to:
A. develop a plan for ensuring that indoor playground
areas are kept clean and free of hazardous
conditions,
B. display, or provide upon request, the retail food
facility's policy on playground maintenance and dates
on which the playground was last inspected and
cleaned, and
C. post a sign prohibiting customers from taking food
into or on, or eating food on, playground structures.
3. Requires that playgrounds on the premises of a food
facility meet the same standard of cleanliness for all
other areas of the food facility, with specified
exceptions.
Background
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An Arizona-based organization called Kids Play Safe (KPS)
tested the safety and cleanliness of restaurant playgrounds
in 11 states, including California. While some facilities
were found to be well maintained and cleaned, others were
found with contaminated food, used cups or wrappers, and
cracked, broken, or otherwise hazardous climbing
structures. The samples they collected from these
playground facilities, and subsequently tested, revealed
the widespread presence of an array of pathogens from
fungus to mold to dangerous bacteria that can cause a range
of ailments including gangrene, pneumonia, and pelvic
inflammatory disease. Samples taken from California
restaurant playgrounds found the presence of bacteria that
cause meningitis (acinetobacter lwoffi) which is a
potentially fatal infection of the brain or spinal cord,
and coliform (fecal) bacteria, which can cause
gastrointestinal upset, diarrhea and nausea 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. KPS
states that there are currently no regulations at the state
or the federal level that require food establishments with
indoor playgrounds to keep them clean or safe, and, without
regulatory incentive, most facilities either do not have
proper corporate cleaning and maintenance procedures or
they are not being enforced. Moderate estimates indicate
that there are more than 15,000 of these facilities in
operation nationwide, each with an average of 50 children
at play per day.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/17/12)
Consumer Federation of California
ARGUMENTS IN SUPPORT : The Consumer Federation of
California (CFC) supports this bill. CFC claims that the
playgrounds referenced in this bill are designed for
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AB 1513
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extensive use by many different children, and they endure a
great deal of wear, as well as contact with contaminants
which makes them a potentially major health and safety
risk. By specifying that food facility playgrounds be
included in current law, CFC claims that this bill will
ensure that those playgrounds are safe for children.
ASSEMBLY FLOOR : 49-26, 5/14/12
AYES: Alejo, Allen, Ammiano, Beall, Block, Blumenfield,
Bonilla, Bradford, Brownley, Buchanan, Butler, Charles
Calderon, Campos, Carter, Cedillo, Chesbro, Davis,
Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani,
Gatto, Gordon, Hall, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Mendoza,
Mitchell, Monning, Pan, V. Manuel P�rez, Portantino,
Skinner, Solorio, Swanson, Torres, Wieckowski, Williams,
Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman,
Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller,
Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth,
Wagner
NO VOTE RECORDED: Atkins, Fletcher, Ma, Perea, Valadao
CTW/RM:k 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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