Amended in Assembly May 5, 2014

Amended in Assembly April 21, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2539

Introduced by Assembly Member Ting

February 21, 2014

An act to amend Section 114371 of the Health and Safety Code, relating to certified farmers’ markets.

LEGISLATIVE COUNSEL’S DIGEST

AB 2539, as amended, Ting. Certified farmers’ markets.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities and various types of food venues, including specified food safety and sanitation requirements for certified farmers’ markets governing food preparation, storage, and sampling, among other things. Existing law provides that local health agencies are primarily responsible for enforcing the code, but requires the State Department of Public Health to provide technical assistance, training, standardization, program evaluation, and other services to the local health agencies as necessary to ensure the uniform interpretation and application of the code, and to adopt regulations to implement and administer the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.

This bill would revise the requirements imposed on certified farmers’ markets. Among other things, the bill would begin delete require that foods that are ordinarily consumed without prior washing by the consumer, and that are being sold on a bulk or nonprepackaged basis, be displayed and dispensed by the producer from covered containers. The bill would end delete provide that trimming whole produce for sale is not food preparation for purposes of a provision generally prohibiting food preparation at certified farmers’ markets. The bill would require that each food sample be distributed by the producer individually and directly to each consumer. The bill would require that all meat begin insert , poultry, and fish end insert products offered for sale be transported, stored, displayed, and maintained at a temperature of begin delete 41 degrees Fahrenheit end delete begin insert end insert begin insert 41°F end insert or colder, begin delete would prohibit a product from being stored under conditions where it is sitting or floating in melted ice water, end delete and would require that all meat begin insert , poultry, and fish end insert products be stored in begin delete dedicated species-specific coolers or freezers to reduce end delete begin insert a manner that reduces end insert the risk of cross-contamination begin delete from one species to another end delete . The bill would also prohibit smoking within 25 feet of the common commerce area, as described, of a certified farmers’ market. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 114371 of the Health and Safety Code
is amended to read:

114371.  

Certified farmers’ markets shall meet all of the
following requirements:

(a) All food shall be stored at least six inches off the floor or
ground or under any other conditions that are approved. begin delete Foods
including, but not limited to, flavored nuts and dried fruits that are
ordinarily consumed without prior washing by the consumer, and
that are being sold on a bulk or nonprepackaged basis, shall be
displayed and dispensed by the producer from covered containers. end delete

(b) Food preparation is prohibited at certified farmers’ markets
with the exception of food samples. Trimming whole produce for
sale shall not be considered food preparation. Distribution of food
samples may occur provided that the following sanitary conditions
exist:

(1) Samples shall be kept in clean and covered containers
intended for use with foods.

(2) All food samples shall be distributed by the producer in a
sanitary manner. Each sample shall be distributed by the producer
individually and directly to each consumer. No consumer
self-serving of samples shall be allowed.

(3) Clean, disposable plastic gloves shall be used when cutting
food samples.

(4) Food intended for sampling shall be washed or cleaned in
another manner of any soil or other material by potable water in
order that it is wholesome and safe for consumption.

(5) Notwithstanding Section 114205, potable water shall be
available for handwashing and sanitizing as approved by the
enforcement agency.

(6) Potentially hazardous food samples shall be maintained at
or below 45ºF and shall be disposed of within two hours after
cutting.

(7) Wastewater shall be disposed of in a facility connected to
the public sewer system or in a manner approved by the
enforcement agency.

(8) Utensils and cutting surfaces shall be smooth, nonabsorbent,
and easily cleanable, or single-use articles shall be utilized. begin delete The
producer shall maintain an adequate supply of clean replacement
utensils readily available at the site at the time of use. end delete begin insert If the
producer uses only single use articles or maintains an adequate
supply of clean replacement articles readily available at the site
at the time of use, warewashing facilities shall not be required. end insert

(c) Approved toilet and handwashing facilities shall be available
within 200 feet travel distance of the premises of the certified
farmers’ market or as approved by the enforcement officer.

(d) No live animals, birds, or fowl shall be kept or allowed, and
no individual shall bring a live animal, bird, or fowl, within 20
feet of any area where food is stored or held for sale within a
certified farmers’ market. This subdivision does not apply to guide
dogs, signal dogs, or service dogs when used in accordance with
the federal Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12101 et seq.), and as provided in Section 36.104 of Title 28
of the Code of Federal Regulations. All guide dogs, signal dogs,
and service dogs shall be used and properly identified in accordance
with Section 54.1 and subdivision (b) of Section 54.2 of the Civil
Code, and Sections 30850, 30851, and 30852 of the Food and
Agricultural Code.

(e) All garbage and refuse shall be stored and disposed of in a
manner approved by the enforcement officer.

(f) Smoking of cigarettes, cigars, pipe tobacco, and other
nicotine products shall not be permitted within 25 feet of the
common commerce area comprised of sales personnel and shopping
customers of the certified farmers’ market.

(g)  begin delete Permitted and licensed end delete begin insert Notwithstanding Chapter 10
(commencing with Section 114294) end insert vendors selling food adjacent
to, and under the jurisdiction and management of, a certified
farmers’ market may store, display, and sell from a table or display
fixture apart from the mobile facility in a manner approved by the
enforcement agency. begin delete This section shall not apply to temporary
food facilities engaging in food preparation. end delete begin insert If none of the vendors
selling food adjacent to and under a certified farmers’ market’s
jurisdiction and management sell potentially hazardous foods or
engage in food preparation, the certified farmers’ market shall
not be required to obtain a permit for these vendors in compliance
with Section 114381.1. end insert

begin delete

(h) (1) Individually permitted and licensed vendors selling
bakery goods or prepackaged foods, but not engaging in food
preparation, may be operated in conjunction with, adjacent to, and
under the auspices of a certified farmers’ market if they are in
compliance with Section 114381.1. However, the operator of the
certified farmers’ market shall be responsible for ensuring
compliance by those vendors with the applicable provisions of this
code.

(2)

end delete

begin insert ( end insert begin insert h) end insert  Temporary food facilities begin delete engaging in food preparation end delete may
be begin delete a component part of an activity end delete operated begin delete as end delete begin insert at end insert a separate
community event adjacent to, and in conjunction with, certified
farmers’ markets. The organization in control of the community
event at which one or more of these temporary food facilities
operate shall comply with Section 114381.1.

(i) All meat begin insert , poultry, and fish end insert products offered for sale shall be
transported, stored, displayed, and maintained at a temperature of
begin delete 41 degrees Fahrenheit end delete begin insert 41° F end insert or colder. The temperature holding
capabilities of the begin delete chest and cooler end delete storage containers used shall
be sufficient to maintain safe product temperatures. Storage
containers begin delete manufactured solely from the polystyrene foam
insulation known as Styrofoam™ are prohibited. A product shall
not be stored under conditions where it is sitting or floating in
melted ice water. All meat products shall be stored in dedicated
species-specific coolers or freezers to reduce the risk of
cross-contamination from one species to another. end delete begin insert for meat, poultry,
and fish products shall have interior surfaces that are smooth,
nonabsorbent, and easily cleanable. All meat, poultry, and fish
products shall be stored in a manner that reduces the risk of
cross-contamination. end insert

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.