BILL ANALYSIS �
AB 2539
Page 1
ASSEMBLY THIRD READING
AB 2539 (Ting)
As Amended May 5, 2014
Majority vote
HEALTH 13-4 APPROPRIATIONS 12-5
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|Ayes:|Pan, Ammiano, Chau, |Ayes:|Gatto, Bocanegra, |
| |Bonilla, Bonta, Chesbro, | |Bradford, |
| |Gomez, Gonzalez, | |Ian Calderon, Campos, |
| |Roger Hern�ndez, | |Eggman, Gomez, Holden, |
| |Lowenthal, Nazarian, | |Pan, Quirk, |
| |Ridley-Thomas, Wieckowski | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Maienschein, Nestande, |Nays:|Bigelow, Donnelly, Jones, |
| |Patterson, Wagner | |Linder, Wagner |
| | | | |
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SUMMARY : Makes various changes to clarify current law and
improve food safety at certified farmers' markets (CFMs).
Specifically, among numerous provisions, this bill :
1)Creates requirements for storage of meat, poultry, and fish
products offered for sale at a CFM to reduce risk of foodborne
illness.
2)Clarifies that trimming whole produce for sale is not to be
considered food preparation.
3)Prohibits consumer self-serving of samples.
4)Requires producers that dispense samples to maintain an
adequate supply of clean replacement utensils readily
available; and clarifies that ware-washing facilities are not
required if a producer uses only single-use articles.
5)Prohibits smoking within 25 feet of the common commerce area
of the CFM.
6)Narrows a current provision that allows temporary food
facilities to operate at a separate community event in
conjunction with a farmer's market and applies only to
AB 2539
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temporary food facilities engaging in food production.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill has negligible state fiscal effect.
COMMENTS : According to the California Federation of Certified
Farmers' Markets (CFCFM), the source of this legislation, this
bill is needed to update the California Retail Food Code (CRFC)
sections governing CFMs regarding the safe handling and display
of food products sold at CFMs. The proposal was in response to
issues brought forward by CFCFM members. In general, these
provisions codify interpretations of existing law and rules
currently enforced by the CFMs. By placing these provisions
into the CRFC, this bill will require enforcement by
environmental health departments, with the intent of creating
consistency in enforcement across the state.
Meat products. In light of an increase in the sale of meat
products offered for sale at CFMs (directly from the ranch or
farm that raised the animal) in recent years, this bill creates
standards for meat sold at farmers' markets. CFCFM indicates
that these standards were created in response to a Los Angeles
environmental health officer stating that they did not have
guidelines for meat product sales at farmers' markets. CFCFM
indicates that the standards were modeled after guidelines
developed for New York State farmers' markets.
Nonagricultural products. Under current law, nonagricultural
products may not be sold in the "designated area" of the CFM.
The exclusion of nonagricultural products is intended to
maintain the intent of a CFM, which is the direct sale of
products produced solely by the producer. Enforcement of the
separation rule is the responsibility of the local agricultural
commissioner. However, nonagricultural products may be sold
adjacent to a CFM: under current law, operators of mobile food
facilities selling food adjacent to and under the jurisdiction
and management of a CFM (meaning vendors who are selling on
property controlled by the CFM manager and who contract with the
CFM manager for a sales space) may sell from a table apart from
the vehicle, in a manner approved by the local environmental
health department.
CFCFM writes that the treatment of vendors selling baked goods
and other prepackaged items has changed in recent years. CFCFM
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writes that, because baked goods sellers are permitted in
categories that also allow limited food preparation, they are
now required to obtain a community event permit, even if they
engage in no food preparation. This bill is intended to allow
these vendors, provided that they engage in no onsite food
preparation, to operate under the community event permit that is
obtained by the CFM manager.
No self-sampling. CFCFM indicates that most producers currently
distribute samples individually and directly. However, CFCFM
indicates that when tongs are provided at self-service sampling
station, they are frequently ignored, with consumers using their
fingers instead. This creates a risk of contamination of
foodborne pathogens.
Clean replacement utensils. CFCFM indicates that, according to
enforcement officers, if a producer uses utensils to create
samples or for distribution or for bulk goods dispensing, a ware
washing station, including chlorinated water and a different
type of soap, has to be present in addition to a separate
hand-washing setup. This bill clarifies that a producer that
maintains a supply of clean replacement utensils, does not need
to setup and maintain a ware-washing station.
Analysis Prepared by : Dharia McGrew / HEALTH / (916) 319-2097
FN: 0003450