BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2130
                                                                  Page  1

          Date of Hearing:   April 30, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     AB 2130 (Pan) - As Amended:  March 28, 2014 

          Policy Committee:                              HealthVote:18-0

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

           SUMMARY  

          This bill repeals a prohibition on bare hand contact with  
          ready-to-eat food by food employees and replaces it with prior  
          law, which required food employees to minimize bare hand  
          contact.

           FISCAL EFFECT  

          Negligible state costs. 

           COMMENTS  

           1)Purpose  . In 2013, a committee bill (AB 1252 (Committee on  
            Health), Chapter 556, Statutes of 2013) made changes to the  
            California Retail Food Code (CRFC). AB 1252 was intended to be  
            a consensus bill.  It had no opposition, and it was agreed  
            that if opposition to any of the bill's provisions arose at  
            any point in the process, those provisions would be  
            immediately removed from the bill.

          The author indicates many small restaurants and bars have raised  
            serious concerns about a provision in the new law that,  
            effective January 1, 2014, prohibits bare hand contact with  
            ready-to-eat food. This bill is intended to revert to prior  
            law, giving food facilities relief from the bare hand contact  
            prohibition. 

           2)Changes to Hand Hygiene Rules Controversial.   The CRFC  
            establishes uniform statewide health and sanitation standards  
            for retail food facilities. AB 1252 was sponsored by the CRFC  
            Coalition, which advises on periodic updates to the CRFC. The  
            Coalition is comprised of stakeholders from public health and  








                                                                  AB 2130
                                                                  Page  2

            the retail food industry, although their retail food  
            membership is predominantly larger companies.  Small  
            restaurants were generally not informed about the changes to  
            the bare hand contact rules until this year, when county  
            environmental health began enforcement of the new rules.  The  
            reversion to prior law is supported by numerous small  
            restaurants. 

            Although the CRFC is enforced at the local level,  
            environmental health directors statewide have agreed to a  
            "soft roll-out" where they are not penalizing facilities for  
            failure to comply with the January 1, 2014 change, until July  
            1, 2014 . Research is inconclusive on whether prohibiting bare  
            hand contact with ready-to-eat food offers optimal prevention  
            of disease transmission. Many in the industry suggest the use  
            of gloves creates a false sense of comfort and can increase  
            risk of contamination.  

           3)Urgency  . This bill states in order to protect public health  
            and safety by developing better food safety procedures for  
            ready-to-eat food and by avoiding confusion among local health  
            agencies and small businesses at the earliest possible time,  
            it is necessary it take effect immediately. It is the author's  
            intention to allow time for continued debate around optimal  
            hand sanitation, but in the meantime to revert to prior law,  
            which required minimizing bare hand contact.   

           Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081