BILL ANALYSIS �
AB 1990
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Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1990 (Gordon) - As Amended: April 22, 2014
Policy Committee:
AgricultureVote:6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill, as proposed to be amended , creates a legal framework
to permit "community food producers" (CFPs) to sell or provide
whole uncut fruits or vegetables or unrefrigerated eggs directly
to the public, certain permitted restaurants, and cottage food
producers. Specifically, this bill:
1)Defines "community food producer" as a producer of
agricultural products on land not zoned for agricultural use,
and clarifies a CFP is not a food facility under the cottage
food law.
2)Requires CFP agricultural products be grown or produced in
compliance with the Health and Safety Code and other food
safety guidelines issued by a regulatory agency and either
labeled with the name and address of the CFP or accompanied by
"conspicuous signage" at the site of production and sale.
3)Permits a public health enforcement officer (PHEO) to enter
and inspect a CFP's operation in response to a food recall or
safety complaint and recover reasonable costs for inspection;
permits the PHEO to issue a cease and desist order for
violations; allows a CFP to request a hearing to show cause
for the cease and desist order within 15 days of receipt.
4)Allows local governments to require community food producers
to register with their health enforcement offices; allows
local governments to pass ordinances that further limit or
prohibit the sale of CFP products.
5)Establishes that violations of this chapter are a misdemeanor,
AB 1990
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punishable by a fine of $25 to $1,000 or by imprisonment in
county jail for a term not exceeding six months, or both.
FISCAL EFFECT
1)Negligible fiscal impact to the California Department of
Public Health.
2)Potentially minor enforcement costs to local public health
agencies, partially recoverable through inspection fees, with
any remainder likely reimbursable.
COMMENTS
1) Purpose. According to the author, AB 1990 attempts to resolve
legal uncertainty among food producers and local agencies
regarding the direct sale of food products from various
non-agricultural properties without the express authorization
of local health enforcement agencies. The bill provides
statewide guidance for oversight for food production at
various personal, community, school, and culinary gardens, and
authorizes the sale of community food products to the public.
The bill also creates a statewide approach to providing
oversight of CFPs and reduces demands on local governments to
adopt individual ordinances. Local municipalities remain free
to enact more restrictive ordinances, however, and there are
several local jurisdictions that have already adopted
ordinances to regulate the production and sale of community
food.
2) Urban and community agriculture. According to a recent study
by the USDA, the growing interest in local and urban foods in
the US is the result of several different but related
movements. Increasing focus on the environmental impacts of
food distribution, with long-distance transport contributing
to greater greenhouse gas emissions, has led consumers to give
greater consideration to the geographic dimensions of food
choices. The community food-security movement has led certain
consumers and activists to seek to enhance access to safe,
healthy, and culturally appropriate food.
AB 1990
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According to the University of Missouri, urban agriculture is
a means of combining the environmental, health, and
food-security movements with community-building activity.
Urban agriculture has the potential to revitalize of
communities that have a surplus of vacant land as well as
stimulate local economic activity.
3) Amendment. The author has proposed to amend the current
version of the bill to clarify that local government health
enforcement offices may, but are not required to, establish
registration programs for community food producers in their
respective jurisdictions.
Analysis Prepared by : Joel Tashjian / APPR. / (916) 319-2081