Amended in Senate June 24, 2014

Amended in Senate June 10, 2014

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 Sections 114349 and 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. Among other things, the code requires temporary food facilities that handle nonprepackaged food to protect the food from contamination by taking 3 specified actions, including enclosure of the food facility with 16 mesh per square inch screens and limiting the display and handling of nonprepackaged food. The code also sets forth 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 certain requirements imposed on temporary food facilities and certified farmers’ markets. Among other things, the bill would require temporary food facilities that handle nonprepackaged food to protect the food from contamination by taking any, rather than all, of the 3 actions specified pursuant to existing law and make another change.

The bill would also revise the food safety and sanitation requirements imposed upon certified farmers’ markets. 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 begin delete by the producer individually and directly to each consumer. end delete begin insert in a manner in which each sample is distributed without the possibility of a consumer touching the remaining samples. end insert The bill would require that all processed meat, poultry, and fish products offered for sale be transported, stored, displayed, and maintained at a temperature of 41°F or colder, and would require that all meat, poultry, and fish products be stored in a manner that reduces the risk of cross-contamination. 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 114349 of the Health and Safety Code
is amended to read:

114349.  

(a) Temporary food facilities shall be equipped with
overhead protection for all food preparation, food storage, and
warewashing areas. Overhead protection shall be made of wood,
canvas, or other materials that protect the facility from
precipitation, dust, bird and insect droppings, and other
contaminants.

(b) Temporary food facilities that handle nonprepackaged food
shall also protect food from contamination in one of the following
ways:

(1) Enclosure of the food facility with 16 mesh per square inch
screens.

(2) Limiting display and handling of nonprepackaged food in
food compartments.

(3) Other alternative, effective means approved by the
enforcement officer.

(c) Notwithstanding Section 113984, this section does not apply
to temporary food facilities that are approved for limited food
preparation if flying insects, vermin, birds, and other pests are
absent due to the location of the facility or other limiting
conditions.

SEC. 2.  

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. Tents,
canopies, or other overhead coverings are not required for fresh
whole produce sales displays or storage, except when specifically
required pursuant to this chapter. Flavored nuts and dried fruits
that are being sold on a bulk or nonprepackaged basis shall be
displayed and dispensed by the producer from covered containers.
All processed food products being sold shall be in compliance with
the applicable provisions of Section 110460, 114365, or 114365.2.

(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, nonabsorbent, and covered
containers intended by the manufacturer for use with foods. Any
cutting or distribution of samples shall only occur under a tent,
canopy, or other overhead covering.

(2) All food samples shall be distributed by the producer in a
begin delete 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. end delete begin insert manner that is sanitary
and in which each sample is distributed without the possibility of
a consumer touching the remaining samples. end insert

(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. A certified farmers’ market or an enforcement officer may
cause immediate removal and disposal, or confiscate and destroy,
any potentially hazardous food samples found not in compliance
with this paragraph.

(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. 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) 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. Vendors
qualifying under this subdivision may also prepare and distribute
samples of their products in a manner that complies with the
requirements set forth in subdivision (b). 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, other than cutting product for purposes
of providing samples in accordance with this section, the certified
farmers’ market shall not be required to obtain a permit for these
vendors pursuant to Section 114381.1.

(h) Temporary food facilities may be operated 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 processed meat, poultry, and fish products shall be from
approved sources as set forth in Section 113734, and shall be
properly labeled or have documentation present at the point of sale
that demonstrates compliance with this requirement. All processed
meat, poultry, and fish products offered for sale shall be
transported, stored, displayed, and maintained at a temperature of
41° F or colder. The temperature holding capabilities of the storage
containers used shall be sufficient to maintain safe product
temperatures. Storage containers for meat, poultry, and fish
products shall be insulated and 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. 3.  

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.