BILL NUMBER: AB 2539 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
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 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 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 , poultry, and fish products offered for
sale be transported, stored, displayed, and maintained at a
temperature of 41 degrees Fahrenheit
41 F or colder, would prohibit a product from
being stored under conditions where it is sitting or floating in
melted ice water, and would require that all meat ,
poultry, and fish products be stored in dedicated
species-specific coolers or freezers to reduce a
manner that reduces the risk of cross-contamination
from one species to another . 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.
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.
(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 45 F 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.
The producer shall maintain an adequate supply of clean
replacement utensils readily available at the site at the time of
use. 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.
(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) Permitted and licensed Notwithstanding
Chapter 10 (commencing with Section 114294) 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. This section shall not
apply to temporary food facilities engaging in food preparation.
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 f ood
preparation, the certified farmers' market shall not be required to
obtain a permit for these vendors in compliance with Section
114381.1.
(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)
( h) Temporary food facilities
engaging in food preparation may be a component
part of an activity operated as at
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 , poultry, and fish products offered for
sale shall be transported, stored, displayed, and maintained at a
temperature of 41 degrees Fahrenheit 41
F or colder. The temperature holding capabilities of the
chest and cooler storage containers used shall be
sufficient to maintain safe product temperatures. Storage containers
manufactured solely from the polystyrene foam insulation
known as Styrofoam(T) 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. 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.
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.