BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2539|
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THIRD READING
Bill No: AB 2539
Author: Ting (D)
Amended: 8/5/14 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 6-2, 6/18/14
AYES: Hernandez, Beall, DeSaulnier, Evans, Monning, Wolk
NOES: Morrell, Nielsen
NO VOTE RECORDED: De Le�n
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 52-23, 5/19/14 - See last page for vote
SUBJECT : Certified farmers markets
SOURCE : Author
DIGEST : This bill makes various changes to the rules
governing certified farmers markets (CFMs), including requiring
all harvested, cut, wrapped, or otherwise processed meat,
poultry, and fish products offered for sale in a farmers' market
to be from approved sources and to be maintained at 41 degrees
Fahrenheit, prohibiting smoking of nicotine products within 25
feet of the commerce area of the farmers' market, and requiring
food samples to be distributed by the producer in a manner that
is sanitary.
ANALYSIS : Existing law:
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1.Establishes the California Retail Food Code (CRFC) to regulate
retail food safety, which is enforced by local environmental
health officers.
2.Defines "potentially hazardous food" as a food that requires
time or temperature control to limit pathogenic micro-organism
growth or toxin formation.
3.Defines "certified farmers' market" as a location that is
certified through the enforcement officers of the county
agricultural commissioners and operated pursuant to provisions
of existing law that permit the direct marketing of
agricultural products.
4.Requires a permit to be obtained by the person or organization
responsible for facilities that are shared by two or more food
facilities, in addition to a permit issued to each food
facility participating in a community event (applies to
operators of farmers' markets where temporary or mobile food
facilities are selling food).
5.Prohibits food preparation at CFMs with the exception of food
samples, and requires the distribution of food samples to meet
certain sanitary condition requirements, including the
following:
A. Requires the samples to be kept in approved, clean,
nonabsorbent and covered containers intended to be used
with foods;
B. Requires that clean, disposable plastic gloves be used
when cutting food samples, and that food intended for
sampling be washed;
C. Requires potable water be available for handwashing and
sanitizing; and,
D. Requires potentially hazardous food samples be
maintained at or below 45 degrees Fahrenheit and to be
disposed of within two hours after cutting.
1.Prohibits live animals, birds, or fowl from being within 20
feet of any area where food is stored or held for sale, with
the exception of guide dogs, signal dogs, or service dogs when
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used in a manner specified in existing law.
This bill:
1. Requires all harvested, cut, wrapped, or otherwise processed
meat, poultry, and fish products in a CFM to be from approved
sources, as specified, and to be properly labeled or have
documentation present at the point of sale that demonstrates
compliance with this requirement.
2. Requires all harvested, cut, wrapped, or otherwise processed
meat, poultry, and fish products offered for sale in a CFM to
be transported, stored, displayed, and maintained at a
temperature of 41 degrees Fahrenheit or colder. Requires the
temperature holding capabilities of the storage containers to
be sufficient to maintain safe product temperatures, and to
have smooth and non-absorbent surfaces.
3. Prohibits the smoking of cigarettes, cigars, pipe tobacco,
and other nicotine products within 25 feet of the common
commerce area comprised of sales personnel and shopping
customers of the CFM.
4. Requires each food sample distributed at a CFM to be
distributed by the producer in a manner that is sanitary and
in which each sample is distributed without the possibility
of a consumer touching the remaining samples.
5. Permits a CFM or an enforcement offer to cause immediate
removal and disposal of any potentially hazardous food
samples that are not in compliance with provisions of law
requiring these samples to be maintained at or below 45
degrees Fahrenheit and to be disposed of within two hours
after cutting.
6. Specifies that if producers use only single-use utensils and
cutting surfaces, or maintain an adequate supply of clean
replacement utensils and cutting surfaces readily available
at the site at the time of use, then warewashing facilities
are not required where food samples are distributed at CFMs.
7. Clarifies that tents, canopies, or other overhead coverings
are not required at CFMs for fresh whole produce sales
displays or storage, except when specifically required under
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existing law.
8. Requires any cutting or distribution of samples at a CFM
occur only under a tent, canopy or other overhead covering.
9. Requires flavored nuts and dried fruits that are being sold
at CFMs on a bulk or non-prepackaged basis to be displayed
and dispensed from covered containers.
10.Clarifies that trimming whole produce for sale is not
considered food preparation for purposes of the prohibition
of food preparation at CFMs.
11.Clarifies that the existing prohibition against keeping or
allowing live animals, birds, or fowl within 20 feet of any
area where food is stored or held for sale within a CFM is
also a prohibition against any individual bringing a live
animal, bird or fowl into this area.
12.Revises how temporary food facilities are required to
protect non-prepackaged food from contamination by requiring
the temporary food facility to either enclose the food
facility with screens, use food compartments or another
alternative, effective means approved by the enforcement
officer, rather than all of these methods.
Comments
According to the author, this bill proposes a series of updates
to the certified farmers' market portion of the CRFC, developed
in consultation with certified farmers' market operators and
vendors. The author states that these changes are primarily
clarifying and technical, and are intended to promote
consistency in enforcement of the law among county health
departments.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (unable to verify at time of writing)
California Federation of Certified Farmers' Markets
ARGUMENTS IN SUPPORT : The California Federation of Certified
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Farmers' Markets writes that this bill addresses the need for
updating the pertinent code sections to remain up to date with
changes in the industry and products being offered at CFMs,
while continuing to protect the health of the California
consumer.
ASSEMBLY FLOOR : 52-23, 5/19/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong,
Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Hall,
Holden, Jones-Sawyer, Levine, Lowenthal, Medina, Mullin,
Muratsuchi, Pan, Perea, John A. P�rez, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Weber, Wieckowski, Williams, Yamada, Atkins
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Dahle,
Donnelly, Fox, Beth Gaines, Gorell, Grove, Hagman, Harkey,
Jones, Linder, Logue, Maienschein, Melendez, Olsen, Patterson,
Wagner, Waldron, Wilk
NO VOTE RECORDED: Roger Hern�ndez, Mansoor, Nazarian, Nestande,
Vacancy
JL:nl 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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