BILL ANALYSIS �
AB 2539
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CONCURRENCE IN SENATE AMENDMENTS
AB 2539 (Ting)
As Amended August 21, 2014
Majority vote
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|ASSEMBLY: |52-23|(May 19, 2014) |SENATE: |22-11|(August 25, |
| | | | | |2014) |
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Original Committee Reference: HEALTH
SUMMARY : Makes various changes to the rules governing certified
farmers' markets (CFMs), including requiring all meat 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 prohibiting the
self-serving of food samples.
The Senate amendments make additional technical and clarifying
changes. Clarify that tents, canopies, or other overhead
coverings are not required at certified farmers' markets for
fresh whole produce sales displays or storage, except when
specifically required under existing law. Require flavored nuts
and dried fruits that are being sold at certified farmers'
markets on a bulk or non-prepackaged basis to be displayed and
dispensed from covered containers.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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.
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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 and is consistent
with elsewhere in the CRFC.
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.
Smoking. This bill specifies that smoking is not permitted
within 25 feet of a certified farmers' market. Currently, most
farmers' markets have a policy against smoking in the market.
However, because it is only a policy, they have difficulty
enforcing it. This bill will enable farmers' market operators
to notify persons violating the policy that it is illegal to do
so.
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.
CFCFM supports this bill as it is necessary to regularly update
code sections to reflect changes in the industry and products
being offered at CFMs, while continuing to protect the health of
the California consumer.
There is no opposition to this bill.
Analysis Prepared by : Dharia McGrew / HEALTH / (916) 319-2097
AB 2539
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FN: 0004458