AB 226: Retail food safety: fishermen’s markets.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-08
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. Among other things, the code requires nonpermanent food facilities that handle nonprepackaged food to protect the food from contamination and limit the display and handling of nonprepackaged food. The code also establishes specified food safety and sanitation requirements for certified farmers markets governing food preparation, storage, and sampling, among other things. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would create a new type of nonpermanent food facility, defined as a fishermens market, that would be a food facility operated by a licensed commercial fisherman or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers. The bill would establish and impose food safety and sanitation requirements upon a fishermens market. The bill would authorize only a licensed commercial fisherman or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists to act as the responsible person and sole permitholder for a fishermens market, and would require that fisherman or entity to submit a permit application and site plan, including specified information, to the enforcement agency at least 2 weeks prior to the operation of the fishermens market. The bill would define terms for its purposes and make conforming changes.
This bill would incorporate additional changes to Section 113789 of the Health and Safety Code, proposed by AB 143 and AB 234, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. Among other things, the code requires nonpermanent food facilities that handle nonprepackaged food to protect the food from contamination and limit the display and handling of nonprepackaged food. The code also establishes specified food safety and sanitation requirements for certified farmers markets governing food preparation, storage, and sampling, among other things. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would create a new type of nonpermanent food facility, defined as a fishermens market, that would be a food facility operated by a licensed commercial fisherman or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers. The bill would establish and impose food safety and sanitation requirements upon a fishermens market. The bill would authorize only a licensed commercial fisherman or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists to act as the responsible person and sole permitholder for a fishermens market, and would require that fisherman or entity to submit a permit application and site plan, including specified information, to the enforcement agency at least 2 weeks prior to the operation of the fishermens market. The bill would define terms for its purposes and make conforming changes.
This bill would incorporate additional changes to Section 113789 of the Health and Safety Code, proposed by AB 143 and AB 234, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. Among other things, the code requires nonpermanent food facilities that handle nonprepackaged food to protect the food from contamination and limit the display and handling of nonprepackaged food. The code also establishes specified food safety and sanitation requirements for certified farmers markets governing food preparation, storage, and sampling, among other things. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would create a new type of nonpermanent food facility, defined as a fishermens market, that would be a food facility operated by a licensed commercial fisherman or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers. The bill would establish and impose food safety and sanitation requirements upon a fishermens market. The bill would authorize only a licensed commercial fisherman or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists to act as the responsible person and sole permitholder for a fishermens market, and would require that fisherman or entity to submit a permit application and site plan, including specified information, to the enforcement agency at least 2 weeks prior to the operation of the fishermens market. The bill would define terms for its purposes and make conforming changes.
This bill would incorporate additional changes to Section 113789 of the Health and Safety Code proposed by AB 143 that would become operative if both this bill and AB 143 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 113789 of the Health and Safety Code, proposed by AB 143 and AB 234, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. Among other things, the code requires nonpermanent food facilities that handle nonprepackaged food to protect the food from contamination and limit the display and handling of nonprepackaged food. The code also establishes specified food safety and sanitation requirements for certified farmers markets governing food preparation, storage, and sampling, among other things. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would create a new type of nonpermanent food facility, defined as a fishermens market, that would be a food facility operated by a licensed commercial fisherman or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers. The bill would establish and impose food safety and sanitation requirements upon a fishermens market. The bill would authorize only a licensed commercial fisherman or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists to act as the responsible person and sole permitholder for a fishermens market, and would require that fisherman or entity to submit a permit application and site plan, including specified information, to the enforcement agency at least 2 weeks prior to the operation of the fishermens market. The bill would define terms for its purposes and make conforming changes.
This bill would incorporate additional changes to Section 113789 of the Health and Safety Code proposed by AB 143 that would become operative if both this bill and AB 143 are enacted and this bill is enacted last.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. Among other things, the code requires nonpermanent food facilities that handle nonprepackaged food to protect the food from contamination and limit the display and handling of nonprepackaged food. The code also establishes specified food safety and sanitation requirements for certified farmers markets governing food preparation, storage, and sampling, among other things. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would create a new type of nonpermanent food facility, defined as a fishermens market, that would be a food facility operated by a licensed commercial fisherman or an entity representing California seafood producers, two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, legally caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers. The bill would establish and impose food safety and sanitation requirements upon a fishermens market. The bill would authorize only a licensed commercial fisherman or an entity representing California seafood producers two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists to act as the responsible person and sole permitholder for a fishermens market, and would require that fisherman or entity to submit a permit application and site plan, including specified information, to the enforcement agency at least 2 weeks prior to the operation of the fishermens market. The bill would define terms for its purposes and make conforming changes.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. Among other things, the code requires nonpermanent food facilities that handle nonprepackaged food to protect the food from contamination and limit the display and handling of nonprepackaged food. The code also establishes specified food safety and sanitation requirements for certified farmers markets governing food preparation, storage, and sampling, among other things. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would create a new type of nonpermanent food facility, defined as a fishermens market, that would be a food facility operated by a licensed commercial fisherman, a registered aquaculturist, fisherman or an entity representing California seafood producers, that sells only edible aquatic plants, raw fresh fish, or fresh frozen fish, legally caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers. The bill would establish and impose food safety and sanitation requirements upon a fishermens market. The bill would authorize only a licensed commercial fisherman, a registered aquaculturist, fisherman or an entity representing California seafood producers to act as the responsible person and sole permitholder for a fishermens market, and would require that fisherman a registered aquaculturist, or entity to submit a permit application and site plan, including specified information, to the enforcement agency at least 2 weeks prior to the operation of the fishermens market. The bill would define terms for its purposes and make conforming changes.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. Among other things, the code requires nonpermanent food facilities that handle nonprepackaged food to protect the food from contamination and limit the display and handling of nonprepackaged food. The code also establishes specified food safety and sanitation requirements for certified farmers markets governing food preparation, storage, and sampling, among other things. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would create a new type of nonpermanent food facility, defined as a fishermens market, that would be a food facility operated by a licensed commercial fisherman, a registered aquaculturist, or an entity representing California seafood producers, that sells only raw fresh or edible aquatic plants, raw fresh fish, or fresh frozen fish, legally caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers. The bill would establish and impose food safety and sanitation requirements upon a fishermens market. The bill would authorize only a licensed commercial fisherman, a registered aquaculturist, or an entity representing California seafood producers to act as the responsible person and sole permit holder permitholder for a fishermens market, and would require that fisherman a registered aquaculturist, or entity to submit a permit application and site plan, including specified information, to the local enforcement agency at least two 2 weeks prior to the operation of the fishermens market. The bill would define terms for its purposes and make conforming changes.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, 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.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and various types of food. Among other things, the code requires nonpermanent food facilities that handle nonprepackaged food to protect the food from contamination and limit the display and handling of nonprepackaged food. The code also establishes specified food safety and sanitation requirements for certified farmers markets governing food preparation, storage, and sampling, among other things. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would create a new type of nonpermanent food facility, defined as a fishermens market, that would be a food facility operated by a licensed commercial fisherman, a registered aquaculturist, or an entity representing California seafood producers, that sells only raw fresh or fresh frozen fish, legally caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers. The bill would establish and impose food safety and sanitation requirements upon a fishermens market. The bill would authorize only a licensed commercial fisherman, a registered aquaculturist, or an entity representing California seafood producers to act as the responsible person and sole permit holder for a fishermens market, and would require that fisherman a registered aquaculturist, or entity to submit a permit application and site plan, including specified information, to the local enforcement agency at least two weeks prior to the operation of the fishermens market. The bill would define terms for its purposes and make conforming changes.
By imposing new enforcement requirements on local health agencies, and by creating a new crime, 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.
Acceptable market name means a name that the FDA recognizes as a suitable statement of identity, as described in Section 101.3 of Title 21 of the Code of Federal Regulations, in the labeling of a species. An acceptable market name fairly represents the identity of the species to United States consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. An acceptable market name may be any of the following:
(a)A common or usual name established by either a history of common usage in the United States or by regulation.
(b)The common name.
(c)A name specifically coined as the market name for a species. For example, basa is the market name coined for Pangasius bocourti.
SEC. 2.Section 113779 of the Health and Safety Code is amended to read:113779.(a)Fish means fresh or saltwater finfish, crustaceans, and other forms of aquatic life, other than birds or mammals, and all molluscan shellfish, if intended for human consumption. Fish also includes alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of these animals.
(b)Fish includes a product derived in whole or in part from fish, including fish that have been processed in any manner.
SEC. 3.Section 113780 is added to the Health and Safety Code, to read:113780.Fishermens market means a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by commercial fishermen licensed by the Department of Fish and Wildlife or harvested by California-registered aquaculturists, directly to consumers.
SEC. 4.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3)Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, that comply with Section 118375, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served.
(6)Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)A community food producer, as defined in Section 113752.
SEC. 4.3.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, that comply with Section 118375, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served.
(6)An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)A community food producer, as defined in Section 113752.
SEC. 4.5.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6)Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(13)A community food producer, as defined in Section 113752.
SEC. 4.7.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6)An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(13)A community food producer, as defined in Section 113752.
SEC. 5.Section 113794.3 is added to the Health and Safety Code, to read:113794.3.Fresh frozen means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
SEC. 6.Section 113839 of the Health and Safety Code is amended to read:113839.Nonpermanent food facility means a food facility that operates from a mobile unit or at a nonpermanent location, including, but not limited to, a certified farmers market, a fishermens market, a mobile food facility, a mobile support unit, a temporary food facility, or a vending machine.
SEC. 7.Section 113984 of the Health and Safety Code is amended to read:113984.(a)Adequate and suitable counter space shall be provided for all food preparation operations.
(b)Except as specified in subdivision (c), food preparation shall be conducted within a fully enclosed food facility.
(c)Limited food preparation shall be conducted within a food compartment or as approved by the enforcement agency. Subject to subdivision (g), this subdivision does not require an additional food compartment when adding ingredients to a beverage or dispensing into a serving container when the beverage is prepared for immediate service in response to an individual consumer order.
(d)Food shall be prepared with suitable utensils and on surfaces that, prior to use, have been cleaned, rinsed, and sanitized as specified in Section 114117 to prevent cross-contamination.
(e)Overhead protection shall be provided above all food preparation, food display, warewashing, and food storage areas.
(f)All food shall be thawed, washed, sliced, and cooled within an approved fully enclosed food facility.
(g)Based upon local environmental conditions, location, and other similar factors, the enforcement officer may establish additional structural or operational requirements, or both, for mobile food facilities as necessary to ensure that foods, food-contact surfaces, and utensils are of a safe and sanitary quality.
SEC. 8.Section 114266 of the Health and Safety Code is amended to read:114266.(a)Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.
(b)Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.
(c)Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours.
SEC. 9.Chapter 12.7 (commencing with Section 114378) is added to Part 7 of Division 104 of the Health and Safety Code, to read:12.7.Fishermens Markets114378.A fishermens market shall meet the applicable requirements of Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with Section 113728), Chapter 3 (commencing with Section 113945), Chapter 4 (commencing with Section 113980), Chapter 5 (commencing with Section 114095), Chapter 6 (commencing with Section 114130), Chapter 7 (commencing with Section 114189), Chapter 8 (commencing with Section 114250), and Chapter 13 (commencing with Section 114380), unless exempted as provided in this chapter.
114378.1.(a)Fish sold in a fishermens market shall be raw and may be displayed whole or eviscerated. A fisherman selling fish in a fishermens market shall only sell raw edible aquatic plants or fish that he or she caught legally, or that was caught by one or two other licensed commercial fishermen. If a fisherman sells fish caught by another licensed commercial fisherman, the fisherman shall provide a copy of that other fishermans commercial license and contact information upon the request of the enforcement agency.
(b)A fishermens market may provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermens market as a temporary food facility, mobile food facility, or other facility approved by the enforcement agency. A separate health permit is required and applicable requirements for that category of permit shall be met.
(c)Fish parts from the days operations may be used for bait by a licensed commercial fisherman or registered aquaculturist.
(d)Ice used for refrigeration purposes shall not be used for consumption in food or beverages.
(e)Notwithstanding subdivision (b) and Section 113818, raw fish may be eviscerated at a fishermens market.
114378.2.A fishermens market shall meet all of the following requirements:
(a) Each fishermens market food booth shall post the name of the fisherman, vessel or farm, and acceptable market name of fish sold so they are legible and clearly visible to patrons.
(b)Notwithstanding Section 113953, handwashing facilities for a fishermens market food both that operates for three consecutive days or less may include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow vigorous rubbing with soap and warm water for 10 to 15 seconds, inclusive. A catch basin shall be provided to collect wastewater, and the wastewater shall be properly disposed of according to Section 114197.
(c)Handwashing facilities shall be equipped with handwashing cleanser and single-use sanitary towels. A separate receptacle shall be available for towel waste.
(d)Notwithstanding Section 114205, potable water shall be available for handwashing and sanitizing as approved by the enforcement agency.
(e)Approved toilet and handwashing facilities shall be available within 200 feet of the premises of a fishermens market or as approved by the enforcement agency.
(f)All garbage and refuse shall be stored and disposed of in a manner approved by the enforcement agency.
(g)Wastewater shall be disposed of in a facility connected to the public sewer system or in a manner approved by the enforcement agency.
(h)Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair.
(i)Overhead protection shall be provided over the evisceration process, food storage, food display, 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.
(j)Notwithstanding Section 114095, approved warewashing facilities may be shared if the sink is centrally located and is adjacent to the sharing facilities. The enforcement agency may also approve use of warewashing facilities within a permanent facility if it is located within 200 feet of the premises of the fishermens market or as approved by the enforcement agency.
(k)Food-related and utensil-related equipment shall be located and installed to prevent food contamination.
(l)During periods of inoperation, food, food equipment, and utensils shall be stored within a fully enclosed facility approved by the enforcement agency, or in approved food compartments where the food, food equipment, and utensils are protected at all times from contamination, exposure to the elements, ingress of rodents or other vermin, and temperature abuse.
114378.3.(a)A permit application and site plan shall be submitted to the enforcement agency at least two weeks prior to the operation of a fishermens market. Only California-licensed commercial fishermen or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists may act as the responsible person and sole permitholder for a fishermens market. The site plan shall include all of the following:
(1)A map with proposed locations of the fishermens market food booths, boundaries of the fishermens market, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and handwashing facilities as applicable.
(2)Details of the materials and methods used to construct the food booths.
(3)Foods that will be handled and dispensed.
(4)Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises.
(5)Procedures for transporting food to and from the fishermens market and actions taken to prevent contamination.
(6)List of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permitholder on their behalf.
(b)A fishermens market may operate adjacent to, or in conjunction with, a food facility or a community event. In those situations, the fishermens market is only subject to the limitations and requirements of a fishermens market. The other food facilities remain subject to the limitations and requirements, including separate permit requirements, that are applicable to the type of facility being operated.
SEC. 10.(a)Section 4.3 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by both this bill and Assembly Bill 234. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 113789 of the Health and Safety Code, and (3) Assembly Bill 143 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 234, in which case Sections 4, 4.5, and 4.7 of this bill shall not become operative.
(b)Section 4.5 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by both this bill and Assembly Bill 143. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 113789 of the Health and Safety Code, (3) Assembly Bill 234 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 143 in which case Sections 4, 4.3, and 4.7 of this bill shall not become operative.
(c)Section 4.7 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by this bill, Assembly Bill 143, and Assembly Bill 234. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 113789 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 143 and Assembly Bill 234, in which case Sections 4, 4.3, and 4.5 of this bill shall not become operative.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
Acceptable market name means a name that the FDA recognizes as a suitable statement of identity, as described in Section 101.3 of Title 21 of the Code of Federal Regulations, in the labeling of a species. An acceptable market name fairly represents the identity of the species to United States consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. An acceptable market name may be any of the following:
(a)A common or usual name established by either a history of common usage in the United States or by regulation.
(b)The common name.
(c)A name specifically coined as the market name for a species. For example, basa is the market name coined for Pangasius bocourti.
SEC. 2.Section 113779 of the Health and Safety Code is amended to read:113779.(a)Fish means fresh or saltwater finfish, crustaceans, and other forms of aquatic life, other than birds or mammals, and all molluscan shellfish, if intended for human consumption. Fish also includes alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of these animals.
(b)Fish includes a product derived in whole or in part from fish, including fish that have been processed in any manner.
SEC. 3.Section 113780 is added to the Health and Safety Code, to read:113780.Fishermens market means a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by commercial fishermen licensed by the Department of Fish and Wildlife or harvested by California-registered aquaculturists, directly to consumers.
SEC. 4.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3)Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, that comply with Section 118375, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served.
(6)Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)A community food producer, as defined in Section 113752.
SEC. 4.3.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, that comply with Section 118375, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served.
(6)An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)A community food producer, as defined in Section 113752.
SEC. 4.5.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6)Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(13)A community food producer, as defined in Section 113752.
SEC. 4.7.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6)An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(13)A community food producer, as defined in Section 113752.
SEC. 5.Section 113794.3 is added to the Health and Safety Code, to read:113794.3.Fresh frozen means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
SEC. 6.Section 113839 of the Health and Safety Code is amended to read:113839.Nonpermanent food facility means a food facility that operates from a mobile unit or at a nonpermanent location, including, but not limited to, a certified farmers market, a fishermens market, a mobile food facility, a mobile support unit, a temporary food facility, or a vending machine.
SEC. 7.Section 113984 of the Health and Safety Code is amended to read:113984.(a)Adequate and suitable counter space shall be provided for all food preparation operations.
(b)Except as specified in subdivision (c), food preparation shall be conducted within a fully enclosed food facility.
(c)Limited food preparation shall be conducted within a food compartment or as approved by the enforcement agency. Subject to subdivision (g), this subdivision does not require an additional food compartment when adding ingredients to a beverage or dispensing into a serving container when the beverage is prepared for immediate service in response to an individual consumer order.
(d)Food shall be prepared with suitable utensils and on surfaces that, prior to use, have been cleaned, rinsed, and sanitized as specified in Section 114117 to prevent cross-contamination.
(e)Overhead protection shall be provided above all food preparation, food display, warewashing, and food storage areas.
(f)All food shall be thawed, washed, sliced, and cooled within an approved fully enclosed food facility.
(g)Based upon local environmental conditions, location, and other similar factors, the enforcement officer may establish additional structural or operational requirements, or both, for mobile food facilities as necessary to ensure that foods, food-contact surfaces, and utensils are of a safe and sanitary quality.
SEC. 8.Section 114266 of the Health and Safety Code is amended to read:114266.(a)Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.
(b)Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.
(c)Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours.
SEC. 9.Chapter 12.7 (commencing with Section 114378) is added to Part 7 of Division 104 of the Health and Safety Code, to read:12.7.Fishermens Markets114378.A fishermens market shall meet the applicable requirements of Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with Section 113728), Chapter 3 (commencing with Section 113945), Chapter 4 (commencing with Section 113980), Chapter 5 (commencing with Section 114095), Chapter 6 (commencing with Section 114130), Chapter 7 (commencing with Section 114189), Chapter 8 (commencing with Section 114250), and Chapter 13 (commencing with Section 114380), unless exempted as provided in this chapter.
114378.1.(a)Fish sold in a fishermens market shall be raw and may be displayed whole or eviscerated. A fisherman selling fish in a fishermens market shall only sell raw edible aquatic plants or fish that he or she caught legally, or that was caught by one or two other licensed commercial fishermen. If a fisherman sells fish caught by another licensed commercial fisherman, the fisherman shall provide a copy of that other fishermans commercial license and contact information upon the request of the enforcement agency.
(b)A fishermens market may provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermens market as a temporary food facility, mobile food facility, or other facility approved by the enforcement agency. A separate health permit is required and applicable requirements for that category of permit shall be met.
(c)Fish parts from the days operations may be used for bait by a licensed commercial fisherman or registered aquaculturist.
(d)Ice used for refrigeration purposes shall not be used for consumption in food or beverages.
(e)Notwithstanding subdivision (b) and Section 113818, raw fish may be eviscerated at a fishermens market.
114378.2.A fishermens market shall meet all of the following requirements:
(a) Each fishermens market food booth shall post the name of the fisherman, vessel or farm, and acceptable market name of fish sold so they are legible and clearly visible to patrons.
(b)Notwithstanding Section 113953, handwashing facilities for a fishermens market food both that operates for three consecutive days or less may include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow vigorous rubbing with soap and warm water for 10 to 15 seconds, inclusive. A catch basin shall be provided to collect wastewater, and the wastewater shall be properly disposed of according to Section 114197.
(c)Handwashing facilities shall be equipped with handwashing cleanser and single-use sanitary towels. A separate receptacle shall be available for towel waste.
(d)Notwithstanding Section 114205, potable water shall be available for handwashing and sanitizing as approved by the enforcement agency.
(e)Approved toilet and handwashing facilities shall be available within 200 feet of the premises of a fishermens market or as approved by the enforcement agency.
(f)All garbage and refuse shall be stored and disposed of in a manner approved by the enforcement agency.
(g)Wastewater shall be disposed of in a facility connected to the public sewer system or in a manner approved by the enforcement agency.
(h)Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair.
(i)Overhead protection shall be provided over the evisceration process, food storage, food display, 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.
(j)Notwithstanding Section 114095, approved warewashing facilities may be shared if the sink is centrally located and is adjacent to the sharing facilities. The enforcement agency may also approve use of warewashing facilities within a permanent facility if it is located within 200 feet of the premises of the fishermens market or as approved by the enforcement agency.
(k)Food-related and utensil-related equipment shall be located and installed to prevent food contamination.
(l)During periods of inoperation, food, food equipment, and utensils shall be stored within a fully enclosed facility approved by the enforcement agency, or in approved food compartments where the food, food equipment, and utensils are protected at all times from contamination, exposure to the elements, ingress of rodents or other vermin, and temperature abuse.
114378.3.(a)A permit application and site plan shall be submitted to the enforcement agency at least two weeks prior to the operation of a fishermens market. Only California-licensed commercial fishermen or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists may act as the responsible person and sole permitholder for a fishermens market. The site plan shall include all of the following:
(1)A map with proposed locations of the fishermens market food booths, boundaries of the fishermens market, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and handwashing facilities as applicable.
(2)Details of the materials and methods used to construct the food booths.
(3)Foods that will be handled and dispensed.
(4)Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises.
(5)Procedures for transporting food to and from the fishermens market and actions taken to prevent contamination.
(6)List of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permitholder on their behalf.
(b)A fishermens market may operate adjacent to, or in conjunction with, a food facility or a community event. In those situations, the fishermens market is only subject to the limitations and requirements of a fishermens market. The other food facilities remain subject to the limitations and requirements, including separate permit requirements, that are applicable to the type of facility being operated.
SEC. 10.(a)Section 4.3 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by both this bill and Assembly Bill 234. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 113789 of the Health and Safety Code, and (3) Assembly Bill 143 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 234, in which case Sections 4, 4.5, and 4.7 of this bill shall not become operative.
(b)Section 4.5 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by both this bill and Assembly Bill 143. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 113789 of the Health and Safety Code, (3) Assembly Bill 234 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 143 in which case Sections 4, 4.3, and 4.7 of this bill shall not become operative.
(c)Section 4.7 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by this bill, Assembly Bill 143, and Assembly Bill 234. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 113789 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 143 and Assembly Bill 234, in which case Sections 4, 4.3, and 4.5 of this bill shall not become operative.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
Acceptable market name means a name that the FDA recognizes as a suitable statement of identity, as described in Section 101.3 of Title 21 of the Code of Federal Regulations, in the labeling of a species. An acceptable market name fairly represents the identity of the species to United States consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. An acceptable market name may be any of the following:
(a)A common or usual name established by either a history of common usage in the United States or by regulation.
(b)The common name.
(c)A name specifically coined as the market name for a species. For example, basa is the market name coined for Pangasius bocourti.
SEC. 2.Section 113779 of the Health and Safety Code is amended to read:113779.(a)Fish means fresh or saltwater finfish, crustaceans, and other forms of aquatic life, other than birds or mammals, and all molluscan shellfish, if intended for human consumption. Fish also includes alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of these animals.
(b)Fish includes a product derived in whole or in part from fish, including fish that have been processed in any manner.
SEC. 3.Section 113780 is added to the Health and Safety Code, to read:113780.Fishermens market means a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by commercial fishermen licensed by the Department of Fish and Wildlife or harvested by California-registered aquaculturists, directly to consumers.
SEC. 4.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3)Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, that comply with Section 118375, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served.
(6)Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)A community food producer, as defined in Section 113752.
SEC. 4.3.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, that comply with Section 118375, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served.
(6)Premises An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises at an outlet or location controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)A community food producer, as defined in Section 113752.
SEC. 4.5.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6)Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(13)A community food producer, as defined in Section 113752.
SEC. 4.7.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to that section, those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, is served. pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6)Premises An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises at an outlet or location controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)
(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)
(13)A community food producer, as defined in Section 113752.
SEC. 5.Section 113794.3 is added to the Health and Safety Code, to read:113794.3.Fresh frozen means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
SEC. 6.Section 113839 of the Health and Safety Code is amended to read:113839.Nonpermanent food facility means a food facility that operates from a mobile unit or at a nonpermanent location, including, but not limited to, a certified farmers market, a fishermens market, a mobile food facility, a mobile support unit, a temporary food facility, or a vending machine.
SEC. 7.Section 113984 of the Health and Safety Code is amended to read:113984.(a)Adequate and suitable counter space shall be provided for all food preparation operations.
(b)Except as specified in subdivision (c), food preparation shall be conducted within a fully enclosed food facility.
(c)Limited food preparation shall be conducted within a food compartment or as approved by the enforcement agency. Subject to subdivision (g), this subdivision does not require an additional food compartment when adding ingredients to a beverage or dispensing into a serving container when the beverage is prepared for immediate service in response to an individual consumer order.
(d)Food shall be prepared with suitable utensils and on surfaces that, prior to use, have been cleaned, rinsed, and sanitized as specified in Section 114117 to prevent cross-contamination.
(e)Overhead protection shall be provided above all food preparation, food display, warewashing, and food storage areas.
(f)All food shall be thawed, washed, sliced, and cooled within an approved fully enclosed food facility.
(g)Based upon local environmental conditions, location, and other similar factors, the enforcement officer may establish additional structural or operational requirements, or both, for mobile food facilities as necessary to ensure that foods, food-contact surfaces, and utensils are of a safe and sanitary quality.
SEC. 8.Section 114266 of the Health and Safety Code is amended to read:114266.(a)Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.
(b)Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.
(c)Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours.
SEC. 9.Chapter 12.7 (commencing with Section 114378) is added to Part 7 of Division 104 of the Health and Safety Code, to read:12.7.Fishermens Markets114378.A fishermens market shall meet the applicable requirements of Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with Section 113728), Chapter 3 (commencing with Section 113945), Chapter 4 (commencing with Section 113980), Chapter 5 (commencing with Section 114095), Chapter 6 (commencing with Section 114130), Chapter 7 (commencing with Section 114189), Chapter 8 (commencing with Section 114250), and Chapter 13 (commencing with Section 114380), unless exempted as provided in this chapter.
114378.1.(a)Fish sold in a fishermens market shall be raw and may be displayed whole or eviscerated. A fisherman selling fish in a fishermens market shall only sell raw edible aquatic plants or fish that he or she caught legally, or that was caught by one or two other licensed commercial fishermen. If a fisherman sells fish caught by another licensed commercial fisherman, the fisherman shall provide a copy of that other fishermans commercial license and contact information upon the request of the enforcement agency.
(b)A fishermens market may provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermens market as a temporary food facility, mobile food facility, or other facility approved by the enforcement agency. A separate health permit is required and applicable requirements for that category of permit shall be met.
(c)Fish parts from the days operations may be used for bait by a licensed commercial fisherman or registered aquaculturist.
(d)Ice used for refrigeration purposes shall not be used for consumption in food or beverages.
(e)Notwithstanding subdivision (b) and Section 113818, raw fish may be eviscerated at a fishermens market.
114378.2.A fishermens market shall meet all of the following requirements:
(a) Each fishermens market food booth shall post the name of the fisherman, vessel or farm, and acceptable market name of fish sold so they are legible and clearly visible to patrons.
(b)Notwithstanding Section 113953, handwashing facilities for a fishermens market food both that operates for three consecutive days or less may include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow vigorous rubbing with soap and warm water for 10 to 15 seconds, inclusive. A catch basin shall be provided to collect wastewater, and the wastewater shall be properly disposed of according to Section 114197.
(c)Handwashing facilities shall be equipped with handwashing cleanser and single-use sanitary towels. A separate receptacle shall be available for towel waste.
(d)Notwithstanding Section 114205, potable water shall be available for handwashing and sanitizing as approved by the enforcement agency.
(e)Approved toilet and handwashing facilities shall be available within 200 feet of the premises of a fishermens market or as approved by the enforcement agency.
(f)All garbage and refuse shall be stored and disposed of in a manner approved by the enforcement agency.
(g)Wastewater shall be disposed of in a facility connected to the public sewer system or in a manner approved by the enforcement agency.
(h)Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair.
(i)Overhead protection shall be provided over the evisceration process, food storage, food display, 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.
(j)Notwithstanding Section 114095, approved warewashing facilities may be shared if the sink is centrally located and is adjacent to the sharing facilities. The enforcement agency may also approve use of warewashing facilities within a permanent facility if it is located within 200 feet of the premises of the fishermens market or as approved by the enforcement agency.
(k)Food-related and utensil-related equipment shall be located and installed to prevent food contamination.
(l)During periods of inoperation, food, food equipment, and utensils shall be stored within a fully enclosed facility approved by the enforcement agency, or in approved food compartments where the food, food equipment, and utensils are protected at all times from contamination, exposure to the elements, ingress of rodents or other vermin, and temperature abuse.
114378.3.(a)A permit application and site plan shall be submitted to the enforcement agency at least two weeks prior to the operation of a fishermens market. Only California-licensed commercial fishermen or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists may act as the responsible person and sole permitholder for a fishermens market. The site plan shall include all of the following:
(1)A map with proposed locations of the fishermens market food booths, boundaries of the fishermens market, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and handwashing facilities as applicable.
(2)Details of the materials and methods used to construct the food booths.
(3)Foods that will be handled and dispensed.
(4)Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises.
(5)Procedures for transporting food to and from the fishermens market and actions taken to prevent contamination.
(6)List of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permitholder on their behalf.
(b)A fishermens market may operate adjacent to, or in conjunction with, a food facility or a community event. In those situations, the fishermens market is only subject to the limitations and requirements of a fishermens market. The other food facilities remain subject to the limitations and requirements, including separate permit requirements, that are applicable to the type of facility being operated.
SEC. 10.Section 4.5 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by both this bill and Assembly Bill 143. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 113789 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 143, in which case Section 4 of this bill shall not become operative.
SEC. 10.(a)Section 4.3 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by both this bill and Assembly Bill 234. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 113789 of the Health and Safety Code, and (3) Assembly Bill 143 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 234, in which case Sections 4, 4.5, and 4.7 of this bill shall not become operative.
(b)Section 4.5 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by both this bill and Assembly Bill 143. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 113789 of the Health and Safety Code, (3) Assembly Bill 234 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 143 in which case Sections 4, 4.3, and 4.7 of this bill shall not become operative.
(c)Section 4.7 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by this bill, Assembly Bill 143, and Assembly Bill 234. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 113789 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 143 and Assembly Bill 234, in which case Sections 4, 4.3, and 4.5 of this bill shall not become operative.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
Acceptable market name means a name that the FDA recognizes as a suitable statement of identity, as described in Section 101.3 of Title 21 of the Code of Federal Regulations, in the labeling of a species. An acceptable market name fairly represents the identity of the species to United States consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. An acceptable market name may be any of the following:
(a)A common or usual name established by either a history of common usage in the United States or by regulation.
(b)The common name.
(c)A name specifically coined as the market name for a species. For example, basa is the market name coined for Pangasius bocourti.
SEC. 2.Section 113779 of the Health and Safety Code is amended to read:113779.(a)Fish means fresh or saltwater finfish, crustaceans, and other forms of aquatic life, other than birds or mammals, and all molluscan shellfish, if intended for human consumption. Fish also includes alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of these animals.
(b)Fish includes a product derived in whole or in part from fish, including fish that have been processed in any manner.
SEC. 3.Section 113780 is added to the Health and Safety Code, to read:113780.Fishermens market means a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by commercial fishermen licensed by the Department of Fish and Wildlife or harvested by California-registered aquaculturists, directly to consumers.
SEC. 4.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3)Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, that comply with Section 118375, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served.
(6)Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)A community food producer, as defined in Section 113752.
SEC. 4.5.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to that section, those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served. pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6)Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)
(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)
(13)A community food producer, as defined in Section 113752.
SEC. 5.Section 113794.3 is added to the Health and Safety Code, to read:113794.3.Fresh frozen means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
SEC. 6.Section 113839 of the Health and Safety Code is amended to read:113839.Nonpermanent food facility means a food facility that operates from a mobile unit or at a nonpermanent location, including, but not limited to, a certified farmers market, a fishermens market, a mobile food facility, a mobile support unit, a temporary food facility, or a vending machine.
SEC. 7.Section 113984 of the Health and Safety Code is amended to read:113984.(a)Adequate and suitable counter space shall be provided for all food preparation operations.
(b)Except as specified in subdivision (c), food preparation shall be conducted within a fully enclosed food facility.
(c)Limited food preparation shall be conducted within a food compartment or as approved by the enforcement agency. Subject to subdivision (g), this subdivision does not require an additional food compartment when adding ingredients to a beverage or dispensing into a serving container when the beverage is prepared for immediate service in response to an individual consumer order.
(d)Food shall be prepared with suitable utensils and on surfaces that, prior to use, have been cleaned, rinsed, and sanitized as specified in Section 114117 to prevent cross-contamination.
(e)Overhead protection shall be provided above all food preparation, food display, warewashing, and food storage areas.
(f)All food shall be thawed, washed, sliced, and cooled within an approved fully enclosed food facility.
(g)Based upon local environmental conditions, location, and other similar factors, the enforcement officer may establish additional structural or operational requirements, or both, for mobile food facilities as necessary to ensure that foods, food-contact surfaces, and utensils are of a safe and sanitary quality.
SEC. 8.Section 114266 of the Health and Safety Code is amended to read:114266.(a)Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.
(b)Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.
(c)Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours.
SEC. 9.Chapter 12.7 (commencing with Section 114378) is added to Part 7 of Division 104 of the Health and Safety Code, to read:12.7.Fishermens Markets114378.A fishermens market shall meet the applicable requirements of Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with Section 113728), Chapter 3 (commencing with Section 113945), Chapter 4 (commencing with Section 113980), Chapter 5 (commencing with Section 114095), Chapter 6 (commencing with Section 114130), Chapter 7 (commencing with Section 114189), Chapter 8 (commencing with Section 114250), and Chapter 13 (commencing with Section 114380), unless exempted as provided in this chapter.
114378.1.(a)Fish sold in a fishermens market shall be raw and may be displayed whole or eviscerated. A fisherman selling fish in a fishermens market shall only sell raw edible aquatic plants or fish that he or she caught legally, or that was caught by one or two other licensed commercial fishermen. If a fisherman sells fish caught by another licensed commercial fisherman, the fisherman shall provide a copy of that other fishermans commercial license and contact information upon the request of the enforcement agency.
(b)A fishermens market may provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermens market as a temporary food facility, mobile food facility, or other facility approved by the enforcement agency. A separate health permit is required and applicable requirements for that category of permit shall be met.
(c)Fish parts from the days operations may be used for bait by a licensed commercial fisherman or registered aquaculturist.
(d)Ice used for refrigeration purposes shall not be used for consumption in food or beverages.
(e)Notwithstanding subdivision (b) and Section 113818, raw fish may be eviscerated at a fishermens market.
114378.2.A fishermens market shall meet all of the following requirements:
(a) Each fishermens market food booth shall post the name of the fisherman, vessel or farm, and acceptable market name of fish sold so they are legible and clearly visible to patrons.
(b)Notwithstanding Section 113953, handwashing facilities for a fishermens market food both that operates for three consecutive days or less may include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow vigorous rubbing with soap and warm water for 10 to 15 seconds, inclusive. A catch basin shall be provided to collect wastewater, and the wastewater shall be properly disposed of according to Section 114197.
(c)Handwashing facilities shall be equipped with handwashing cleanser and single-use sanitary towels. A separate receptacle shall be available for towel waste.
(d)Notwithstanding Section 114205, potable water shall be available for handwashing and sanitizing as approved by the enforcement agency.
(e)Approved toilet and handwashing facilities shall be available within 200 feet of the premises of a fishermens market or as approved by the enforcement agency.
(f)All garbage and refuse shall be stored and disposed of in a manner approved by the enforcement agency.
(g)Wastewater shall be disposed of in a facility connected to the public sewer system or in a manner approved by the enforcement agency.
(h)Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair.
(i)Overhead protection shall be provided over the evisceration process, food storage, food display, 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.
(j)Notwithstanding Section 114095, approved warewashing facilities may be shared if the sink is centrally located and is adjacent to the sharing facilities. The enforcement agency may also approve use of warewashing facilities within a permanent facility if it is located within 200 feet of the premises of the fishermens market or as approved by the enforcement agency.
(k)Food-related and utensil-related equipment shall be located and installed to prevent food contamination.
(l)During periods of inoperation, food, food equipment, and utensils shall be stored within a fully enclosed facility approved by the enforcement agency, or in approved food compartments where the food, food equipment, and utensils are protected at all times from contamination, exposure to the elements, ingress of rodents or other vermin, and temperature abuse.
114378.3.(a)A permit application and site plan shall be submitted to the enforcement agency at least two weeks prior to the operation of a fishermens market. Only California-licensed commercial fishermen or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists may act as the responsible person and sole permitholder for a fishermens market. The site plan shall include all of the following:
(1)A map with proposed locations of the fishermens market food booths, boundaries of the fishermens market, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and handwashing facilities as applicable.
(2)Details of the materials and methods used to construct the food booths.
(3)Foods that will be handled and dispensed.
(4)Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises.
(5)Procedures for transporting food to and from the fishermens market and actions taken to prevent contamination.
(6)List of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permitholder on their behalf.
(b)A fishermens market may operate adjacent to, or in conjunction with, a food facility or a community event. In those situations, the fishermens market is only subject to the limitations and requirements of a fishermens market. The other food facilities remain subject to the limitations and requirements, including separate permit requirements, that are applicable to the type of facility being operated.
SEC. 10.Section 4.5 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by both this bill and Assembly Bill 143. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 113789 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 143, in which case Section 4 of this bill shall not become operative.
SEC. 10.SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
Acceptable market name means a name that the FDA recognizes as a suitable statement of identity, as described in Section 101.3 of Title 21 of the Code of Federal Regulations, in the labeling of a species. An acceptable market name fairly represents the identity of the species to United States consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. An acceptable market name may be any of the following:
(a)A common or usual name established by either a history of common usage in the United States or by regulation.
(b)The common name.
(c)A name specifically coined as the market name for a species. For example, basa is the market name coined for Pangasius bocourti.
SEC. 2.Section 113779 of the Health and Safety Code is amended to read:113779.(a)Fish means fresh or saltwater finfish, crustaceans, and other forms of aquatic life, other than birds or mammals, and all molluscan shellfish, if intended for human consumption. Fish also includes alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of these animals.
(b)Fish includes a product derived in whole or in part from fish, including fish that have been processed in any manner.
SEC. 3.Section 113780 is added to the Health and Safety Code, to read:113780.Fishermens market means a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing California seafood producers, two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by commercial fishermen licensed by the Department of Fish and Wildlife or harvested by California-registered aquaculturists, directly to consumers.
SEC. 4.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3)Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, that comply with Section 118375, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served.
(6)Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)A community food producer, as defined in Section 113752.
SEC. 5.Section 113794.3 is added to the Health and Safety Code, to read:113794.3.Fresh frozen means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
SEC. 6.Section 113839 of the Health and Safety Code is amended to read:113839.Nonpermanent food facility means a food facility that operates from a mobile unit or at a nonpermanent location, including, but not limited to, a certified farmers market, a fishermens market, a mobile food facility, a mobile support unit, a temporary food facility, or a vending machine.
SEC. 7.Section 113984 of the Health and Safety Code is amended to read:113984.(a)Adequate and suitable counter space shall be provided for all food preparation operations.
(b)Except as specified in subdivision (c), food preparation shall be conducted within a fully enclosed food facility.
(c)Limited food preparation shall be conducted within a food compartment or as approved by the enforcement agency. Subject to subdivision (g), this subdivision does not require an additional food compartment when adding ingredients to a beverage or dispensing into a serving container when the beverage is prepared for immediate service in response to an individual consumer order.
(d)Food shall be prepared with suitable utensils and on surfaces that, prior to use, have been cleaned, rinsed, and sanitized as specified in Section 114117 to prevent cross-contamination.
(e)Overhead protection shall be provided above all food preparation, food display, warewashing, and food storage areas.
(f)All food shall be thawed, washed, sliced, and cooled within an approved fully enclosed food facility.
(g)Based upon local environmental conditions, location, and other similar factors, the enforcement officer may establish additional structural or operational requirements, or both, for mobile food facilities as necessary to ensure that foods, food-contact surfaces, and utensils are of a safe and sanitary quality.
SEC. 8.Section 114266 of the Health and Safety Code is amended to read:114266.(a)Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.
(b)Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.
(c)Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours.
SEC. 9.Chapter 12.7 (commencing with Section 114378) is added to Part 7 of Division 104 of the Health and Safety Code, to read:12.7.Fishermens Markets114378.A fishermens market shall meet the applicable requirements of Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with Section 113728), Chapter 3 (commencing with Section 113945), Chapter 4 (commencing with Section 113980), Chapter 5 (commencing with Section 114095), Chapter 6 (commencing with Section 114130), Chapter 7 (commencing with Section 114189), Chapter 8 (commencing with Section 114250), and Chapter 13 (commencing with Section 114380), unless exempted as provided in this chapter.
114378.1.(a)Fish sold in a fishermens market shall be raw and may be displayed whole or eviscerated. A fisherman selling fish in a fishermens market shall only sell raw edible aquatic plants or fish that he or she caught legally, or that was caught by one or two other licensed commercial fishermen. If a fisherman sells fish caught by another licensed commercial fisherman, the fisherman shall provide a copy of that other fishermans commercial license and contact information upon the request of the enforcement agency.
(b)A fishermens market may provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermens market as a temporary food facility, mobile food facility, or other facility approved by the enforcement agency. A separate health permit is required and applicable requirements for that category of permit shall be met.
(c)Fish parts from the days operations may be used for bait by a licensed commercial fisherman or registered aquaculturist.
(d)Ice used for refrigeration purposes shall not be used for consumption in food or beverages.
(e)Notwithstanding subdivision (b) and Section 113818, raw fish may be eviscerated at a fishermens market.
114378.2.A fishermens market shall meet all of the following requirements:
(a) Each fishermens market food booth shall post the name of the fisherman, vessel or farm, and acceptable market name of fish sold so they are legible and clearly visible to patrons.
(b)Notwithstanding Section 113953, handwashing facilities for a fishermens market food both that operates for three consecutive days or less may include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow vigorous rubbing with soap and warm water for 10 to 15 seconds, inclusive. A catch basin shall be provided to collect wastewater, and the wastewater shall be properly disposed of according to Section 114197.
(c)Handwashing facilities shall be equipped with handwashing cleanser and single-use sanitary towels. A separate receptacle shall be available for towel waste.
(d)Notwithstanding Section 114205, potable water shall be available for handwashing and sanitizing as approved by the enforcement agency.
(e)Approved toilet and handwashing facilities shall be available within 200 feet of the premises of a fishermens market or as approved by the enforcement agency.
(f)All garbage and refuse shall be stored and disposed of in a manner approved by the enforcement agency.
(g)Wastewater shall be disposed of in a facility connected to the public sewer system or in a manner approved by the enforcement agency.
(h)Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair.
(i)Overhead protection shall be provided over the evisceration process, food storage, food display, 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.
(j)Notwithstanding Section 114095, approved warewashing facilities may be shared if the sink is centrally located and is adjacent to the sharing facilities. The enforcement agency may also approve use of warewashing facilities within a permanent facility if it is located within 200 feet of the premises of the fishermens market or as approved by the enforcement agency.
(k)Food-related and utensil-related equipment shall be located and installed to prevent food contamination.
(l)During periods of inoperation, food, food equipment, and utensils shall be stored within a fully enclosed facility approved by the enforcement agency, or in approved food compartments where the food, food equipment, and utensils are protected at all times from contamination, exposure to the elements, ingress of rodents or other vermin, and temperature abuse.
114378.3.(a)A permit application and site plan shall be submitted to the enforcement agency at least two weeks prior to the operation of a fishermens market. Only California-licensed commercial fishermen or an entity representing California seafood producers two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists may act as the responsible person and sole permitholder for a fishermens market. The site plan shall include all of the following:
(1)A map with proposed locations of the fishermens market food booths, boundaries of the fishermens market, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and hand washing handwashing facilities as applicable.
(2)Details of the materials and methods used to construct the food booths.
(3)Foods that will be handled and dispensed.
(4)Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises.
(5)Procedures for transporting food to and from the fishermens market and actions taken to prevent contamination.
(6)List of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permit holder permitholder on their behalf.
(b)A fishermens market may operate adjacent to, or in conjunction with, a food facility or a community event. In those situations, the fishermens market is only subject to the limitations and requirements of a fishermens market. The other food facilities remain subject to the limitations and requirements, including separate permit requirements, that are applicable to the type of facility being operated.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
Acceptable market name means a name that the FDA recognizes as a suitable statement of identity, as described in Section 101.3 of Title 21 of the Code of Federal Regulations, in the labeling of a species. An acceptable market name fairly represents the identity of the species to United States consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. An acceptable market name may be any of the following:
(a)A common or usual name established by either a history of common usage in the United States or by regulation.
(b)The common name.
(c)A name specifically coined as the market name for a species. For example, basa is the market name coined for Pangasius bocourti.
SEC. 2.Section 113779 of the Health and Safety Code is amended to read:113779.(a)Fish means fresh or saltwater finfish, crustaceans, and other forms of aquatic life, other than birds or mammals, and all molluscan shellfish, if intended for human consumption. Fish also includes alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of these animals.
(b)Fish includes a product derived in whole or in part from fish, including fish that have been processed in any manner.
SEC. 3.Section 113780 is added to the Health and Safety Code, to read:113780.Fishermens Market market means a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing California seafood producers, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by commercial fishermen licensed by the Department of Fish and Wildlife or harvested by California-registered aquaculturists, directly to consumers.
SEC. 4.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3)Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, that comply with Section 118375, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served.
(6)Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)A community food producer, as defined in Section 113752.
SEC. 5.Section 113794.3 is added to the Health and Safety Code, to read:113794.3.Fresh frozen means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
SEC. 6.Section 113839 of the Health and Safety Code is amended to read:113839.Nonpermanent food facility means a food facility that operates from a mobile unit or at a nonpermanent location, including, but not limited to, a certified farmers market, a fishermens market, a mobile food facility, a mobile support unit, a temporary food facility, or a vending machine.
SEC. 7.Section 113984 of the Health and Safety Code is amended to read:113984.(a)Adequate and suitable counter space shall be provided for all food preparation operations.
(b)Except as specified in subdivision (c), food preparation shall be conducted within a fully enclosed food facility.
(c)Limited food preparation shall be conducted within a food compartment or as approved by the enforcement agency. Subject to subdivision (g), this subdivision does not require an additional food compartment when adding ingredients to a beverage or dispensing into a serving container when the beverage is prepared for immediate service in response to an individual consumer order.
(d)Food shall be prepared with suitable utensils and on surfaces that, prior to use, have been cleaned, rinsed, and sanitized as specified in Section 114117 to prevent cross-contamination.
(e)Overhead protection shall be provided above all food preparation, food display, warewashing, and food storage areas.
(f)All food shall be thawed, washed, sliced, and cooled within an approved fully enclosed food facility.
(g)Based upon local environmental conditions, location, and other similar factors, the enforcement officer may establish additional structural or operational requirements, or both, for mobile food facilities as necessary to ensure that foods, food-contact surfaces, and utensils are of a safe and sanitary quality.
SEC. 8.Section 114266 of the Health and Safety Code is amended to read:114266.(a)Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.
(b)Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.
(c)Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours.
SEC. 9.Chapter 12.7 (commencing with Section 114378) is added to Part 7 of Division 104 of the Health and Safety Code, to read:12.7.Fishermens Markets114378.A fishermens market shall meet the applicable requirements of Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with Section 113728), Chapter 3 (commencing with Section 113945), Chapter 4 (commencing with Section 113980), Chapter 5 (commencing with Section 114095), Chapter 6 (commencing with Section 114130), Chapter 7 (commencing with Section 114189), Chapter 8 (commencing with Section 114250), and Chapter 13 (commencing with Section 114380), unless exempted as provided in this chapter.
114378.1.(a)Fish sold in a fishermens market shall be raw and may be displayed whole or eviscerated. A fisherman selling fish in a fishermens market shall only sell raw edible aquatic plants or fish that he or she caught legally, or that was caught by one or two other licensed commercial fishermen. If a fisherman sells fish caught by another licensed commercial fisherman, the fisherman shall provide a copy of that other fishermans commercial license and contact information upon the request of the enforcement agency.
(b)A fishermens market may provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermens market as a temporary food facility, mobile food facility, or other facility approved by the enforcement agency. A separate health permit is required and applicable requirements for that category of permit shall be met.
(c)Fish parts from the days operations may be used for bait by a licensed commercial fisherman or registered aquaculturist.
(d)Ice used for refrigeration purposes shall not be used for consumption in food or beverages.
(e)Notwithstanding subdivision (b) and Section 113818, raw fish may be eviscerated at a fishermens market.
114378.2.A fishermens market shall meet all of the following requirements:
(a) Each fishermens market food booth shall post the name of the fisherman, vessel or farm, and acceptable market name of fish sold so they are legible and clearly visible to patrons.
(b)Notwithstanding Section 113953, handwashing facilities for a fishermens market food both that operates for three consecutive days or less may include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow vigorous rubbing with soap and warm water for 10 to 15 seconds, inclusive. A catch basin shall be provided to collect wastewater, and the wastewater shall be properly disposed of according to Section 114197.
(c)Handwashing facilities shall be equipped with handwashing cleanser and single-use sanitary towels. A separate receptacle shall be available for towel waste.
(d)Notwithstanding Section 114205, potable water shall be available for handwashing and sanitizing as approved by the enforcement agency.
(e)Approved toilet and handwashing facilities shall be available within 200 feet of the premises of a fishermens market or as approved by the enforcement agency.
(f)All garbage and refuse shall be stored and disposed of in a manner approved by the enforcement agency.
(g)Wastewater shall be disposed of in a facility connected to the public sewer system or in a manner approved by the enforcement agency.
(h)Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair.
(i)Overhead protection shall be provided over the evisceration process, food storage, food display, 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.
(j)Notwithstanding Section 114095, approved warewashing facilities may be shared if the sink is centrally located and is adjacent to the sharing facilities. The enforcement agency may also approve use of warewashing facilities within a permanent facility if it is located within 200 feet of the premises of the fishermens market or as approved by the enforcement agency.
(k)Food-related and utensil-related equipment shall be located and installed to prevent food contamination.
(l)During periods of inoperation, food, food equipment, and utensils shall be stored within a fully enclosed facility approved by the enforcement agency, or in approved food compartments where the food, food equipment, and utensils are protected at all times from contamination, exposure to the elements, ingress of rodents or other vermin, and temperature abuse.
114378.3.(a)A permit application and site plan shall be submitted to the enforcement agency at least two weeks prior to the operation of a fishermens market. Only California-registered California-licensed commercial fishermen, California-registered aquaculturists, fishermen or an entity representing California seafood producers may act as the responsible person and sole permitholder for a fishermens market. The site plan shall include all of the following:
(1)A map with proposed locations of the fishermens market food booths, boundaries of the fishermens market, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and hand washing facilities as applicable.
(2)Details of the materials and methods used to construct the food booths.
(3)Foods that will be handled and dispensed.
(4)Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises.
(5)Procedures for transporting food to and from the fishermens market and actions taken to prevent contamination.
(6)List of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permit holder on their behalf.
(b)A fishermens market may operate adjacent to, or in conjunction with, a food facility or a community event. In those situations, the fishermens market is only subject to the limitations and requirements of a fishermens market. The other food facilities remain subject to the limitations and requirements, including separate permit requirements, that are applicable to the type of facility being operated.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
Acceptable market name means a name that the FDA recognizes as a suitable statement of identity, as described in Section 101.3 of Title 21 of the Code of Federal Regulations, in the labeling of a species. An acceptable market name fairly represents the identity of the species to United States consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. An acceptable market name may be any of the following:
(a)A common or usual name established by either a history of common usage in the United States or by regulation.
(b)The common name.
(c)A name specifically coined as the market name for a species. For example, basa is the market name coined for Pangasius bocourti.
SECTION 1. SEC. 2.Section 113779 of the Health and Safety Code is amended to read:113779.(a)Fish means fresh or saltwater finfish, crustaceans, and other forms of aquatic life including edible aquatic plants, life, other than birds or mammals, and all molluscan shellfish, if intended for human consumption. Fish also includes alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of these animals.
(b)Fish includes a product derived in whole or in part from fish, including fish that have been processed in any manner.
SEC. 2.SEC. 3.Section 113780 is added to the Health and Safety Code, to read:113780.Fishermens Market means a food facility location that is operated by a licensed commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing California seafood producers, that sells only raw fresh edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by California-licensed commercial fishermen licensed by the Department of Fish and Wildlife or harvested by California-registered aquaculturists, directly to consumers.
SEC. 3.SEC. 4.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3)Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens market. markets.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, that comply with Section 118375, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served.
(6)Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)A community food producer, as defined in Section 113752.
(d)Fresh frozen means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
SEC. 5.Section 113794.3 is added to the Health and Safety Code, to read:113794.3.Fresh frozen means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
SEC. 4.Section 113818 of the Health and Safety Code is amended to read:113818.(a)Limited food preparation means food preparation that is restricted to one or more of the following:
(1)Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2)Dispensing and portioning of nonpotentially hazardous food.
(3)Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)Slicing and chopping of food on a heated cooking surface during the cooking process.
(5)Cooking and seasoning to order.
(6)Preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(7)Shucking oysters.
(8)Eviscerating fish at a fishermens market.
(b)Limited food preparation does not include any of the following:
(1)Slicing and chopping unless it is on the heated cooking surface.
(2)Thawing.
(3)Cooling of cooked, potentially hazardous food.
(4)Grinding raw ingredients or potentially hazardous food.
(5)Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6)Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7)Washing of foods.
(8)Cooking of potentially hazardous foods for later use.
SEC. 5.SEC. 6.Section 113839 of the Health and Safety Code is amended to read:113839.Nonpermanent food facility means a food facility that operates from a mobile unit or at a nonpermanent location, including, but not limited to, a certified farmers market, a fishermens market, a mobile food facility, a mobile support unit, a temporary food facility, or a vending machine.
SEC. 6.SEC. 7.Section 113984 of the Health and Safety Code is amended to read:113984.(a)Adequate and suitable counter space shall be provided for all food preparation operations.
(b)Except as specified in subdivision (c) or (h), (c), food preparation shall be conducted within a fully enclosed food facility.
(c)Limited food preparation shall be conducted within a food compartment or as approved by the enforcement agency. Subject to subdivision (g), this subdivision does not to require an additional food compartment when doing either of the following:
(1)Eviscerating fish at a fishermens market.
(2)Adding adding ingredients to a beverage or dispensing into a serving container when the beverage is prepared for immediate service in response to an individual consumer order.
(d)Food shall be prepared with suitable utensils and on surfaces that, prior to use, have been cleaned, rinsed, and sanitized as specified in Section 114117 to prevent cross-contamination.
(e)Overhead protection shall be provided above all food preparation, food display, warewashing, and food storage areas.
(f)All food shall be thawed, washed, sliced, and cooled within an approved fully enclosed food facility.
(g)Based upon local environmental conditions, location, and other similar factors, the enforcement officer may establish additional structural or operational requirements, or both, for mobile food facilities as necessary to ensure that foods, food-contact surfaces, and utensils are of a safe and sanitary quality.
(h)Full enclosure of a food facility is not required for limited food preparation when the other requirements of this section are met and the food facility can be fully enclosed or placed within a fully enclosed facility during periods of non-operation.
SEC. 7.Section 114053 of the Health and Safety Code is amended to read:114053.(a)Prepackaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container, or its positioning in the ice or water.
(b)Except as specified in subdivisions (c) and (d), nonprepackaged food may not be stored in direct contact with undrained ice.
(c)Whole raw fruits or vegetables, cut raw vegetables, and tofu may be immersed in ice or water.
(d)(1)Raw chicken and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.
(2)Whole or eviscerated raw fresh fish may be placed on ice while on display for sale.
SEC. 8.Section 114266 of the Health and Safety Code is amended to read:114266.(a)Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change in its menu or significant change in its method of operation.
(b)Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service, or limited food preparation operations. service.
(c)Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours.
SEC. 9.Chapter 12.7 (commencing with Section 114378) is added to Part 7 of Division 104 of the Health and Safety Code, to read:12.7.Fishermens Markets114378.A fishermens market shall meet the applicable requirements of this chapter and Chapter 13 (commencing with Section 114380), and the applicable requirements of Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with Section 113728), Chapter 3 (commencing with Section 113945), Chapter 4 (commencing with Section 113980), Chapter 5 (commencing with Section 114095), Chapter 6 (commencing with Section 114130), Chapter 7 (commencing with Section 114189), and Chapter 8 (commencing with Section 114250), and Chapter 13 (commencing with Section 114380), unless specifically exempt or otherwise exempted as provided in this chapter.
114378.1.(a)Fish sold in a fishermens market shall be raw and may be displayed whole or eviscerated. A fisherman selling fish in a fishermens market shall only sell raw edible aquatic plants or fish that he or she caught legally, or that was caught by one or two other licensed commercial fishermen. If a fisherman sells fish caught by another licensed commercial fisherman, the fisherman shall provide a copy of that other fishermans commercial license and contact information upon the request of the local enforcement agency.
(b)A fishermens market may provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermens market as a temporary food facility, mobile food facility, or other facility approved by the local enforcement agency. A separate health permit is required and applicable requirements for that category of permit shall be met.
(c)Fish parts from the days operations may be used for bait by a licensed commercial fisherman or registered aquaculturist.
(d)Ice used for refrigeration purposes shall not be used for consumption in food or beverages.
(e)Except as otherwise provided in Section 113996, during operating hours of a fishermens market, potentially hazardous food may be held at a temperature not to exceed 45 degrees Fahrenheit for up to 12 hours during a 24-hour period.
(e)Notwithstanding subdivision (b) and Section 113818, raw fish may be eviscerated at a fishermens market.
114378.2.A fishermens market shall meet all of the following requirements:
(a)The Each fishermens market food booth shall post the name of the fisherman, vessel or farm, and species acceptable market name of fish sold, shall be sold so they are legible and clearly visible to patrons.
(b)Notwithstanding Section 113953, handwashing facilities for a fishermens market food both that operates for three consecutive days or less may include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow vigorous rubbing with soap and warm water for 10 to 15 seconds, inclusive. A catch basin shall be provided to collect wastewater, and the wastewater shall be properly disposed of according to Section 114197.
(c)Handwashing facilities shall be equipped with handwashing cleanser and single-use sanitary towels. A separate receptacle shall be available for towel waste.
(d)Notwithstanding Section 114205, potable water shall be available for handwashing and sanitizing as approved by the local enforcement agency.
(e)Approved toilet and handwashing facilities shall be available within 200 feet of the premises of a fishermens market or as approved by the local enforcement agency.
(f)All garbage and refuse shall be stored and disposed of in a manner approved by the local enforcement agency.
(g)Wastewater shall be disposed of in a facility connected to the public sewer system or in a manner approved by the local enforcement agency.
(h)Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair.
(i)Overhead protection shall be provided for all food preparation, over the evisceration process, food storage, food display, 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.
(j)Notwithstanding Section 114095, approved warewashing facilities may be shared if the sink is centrally located and is adjacent to the sharing facilities. The local enforcement agency may also approve use of warewashing facilities within a permanent facility if it is located within 200 feet of the premises of the fishermens market or as approved by the local enforcement agency.
(k)Food-related and utensil-related equipment shall be located and installed to prevent food contamination.
(l)During periods of nonoperation, food inoperation, food, food equipment, and utensils shall be stored within a fully enclosed facility approved by the local enforcement agency, or in approved food compartments where the food is food, food equipment, and utensils are protected at all times from contamination, exposure to the elements, ingress of rodents or other vermin, and temperature abuse.
114378.3.(a)A permit application and site plan shall be submitted to the local enforcement agency at least two weeks prior to the operation of a fishermens market. Only California-registered commercial fishermen, California-registered aquaculturists, or an entity representing California seafood producers may act as the responsible person and sole permit holder permitholder for a fishermens market. The site plan shall include all of the following:
(1)A map with proposed locations of the fishermens market food booths, boundaries of the fishermens market, restrooms, refuse containers, potable water supply faucets, waste water wastewater disposal facilities, and all shared warewashing and hand washing facilities as applicable.
(2)Details of the materials and methods used to construct the food booths.
(3)Foods that will be handled and dispensed.
(4)Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises.
(5)Procedures for transporting food to and from the fishermens market and actions taken to prevent contamination.
(6)List of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permit holder on their behalf.
(b)A fishermens market may operate adjacent, to adjacent to, or in conjunction with, a food facility or a community event. In those situations, the fishermens market is only subject to the limitations and requirements of a fishermens market. The other food facilities remain subject to the limitations and requirements, including separate permit requirements, that are applicable to the type of facility being operated.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
(a)Fish means fresh or saltwater finfish, crustaceans, and other forms of aquatic life including edible aquatic plants, other than birds or mammals, and all molluscan shellfish, if intended for human consumption. Fish also includes alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of these animals.
(b)Fish includes a product derived in whole or in part from fish, including fish that have been processed in any manner.
SEC. 2.Section 113780 is added to the Health and Safety Code, to read:113780.Fishermens Market means a food facility that is operated by a licensed commercial fisherman or an entity representing California seafood producers, that sells only raw fresh or fresh frozen fish, caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers.
SEC. 3.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3)Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens market.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, that comply with Section 118375, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served.
(6)Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7)A commercial food processing establishment as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for onsite consumption.
(13)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(14)A community food producer, as defined in Section 113752.
(d)Fresh frozen means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
SEC. 4.Section 113818 of the Health and Safety Code is amended to read:113818.(a)Limited food preparation means food preparation that is restricted to one or more of the following:
(1)Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.
(2)Dispensing and portioning of nonpotentially hazardous food.
(3)Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)Slicing and chopping of food on a heated cooking surface during the cooking process.
(5)Cooking and seasoning to order.
(6)Preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(7)Shucking oysters.
(8)Eviscerating fish at a fishermens market.
(b)Limited food preparation does not include any of the following:
(1)Slicing and chopping unless it is on the heated cooking surface.
(2)Thawing.
(3)Cooling of cooked, potentially hazardous food.
(4)Grinding raw ingredients or potentially hazardous food.
(5)Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6)Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7)Washing of foods.
(8)Cooking of potentially hazardous foods for later use.
SEC. 5.Section 113839 of the Health and Safety Code is amended to read:113839.Nonpermanent food facility means a food facility that operates from a mobile unit or at a nonpermanent location, including, but not limited to, a certified farmers market, a fishermens market, a mobile food facility, a mobile support unit, a temporary food facility, or a vending machine.
SEC. 6.Section 113984 of the Health and Safety Code is amended to read:113984.(a)Adequate and suitable counter space shall be provided for all food preparation operations.
(b)Except as specified in subdivision (c) or (h), food preparation shall be conducted within a fully enclosed food facility.
(c)Limited food preparation shall be conducted within a food compartment or as approved by the enforcement agency. Subject to subdivision (g), this subdivision shall does not be construed to require an additional food compartment when adding doing either of the following:
(1)Eviscerating fish at a fishermens market.
(2)Adding ingredients to a beverage or dispensing into a serving container when the beverage is prepared for immediate service in response to an individual consumer order.
(d)Food shall be prepared with suitable utensils and on surfaces that, prior to use, have been cleaned, rinsed, and sanitized as specified in Section 114117 to prevent cross-contamination.
(e)Overhead protection shall be provided above all food preparation, food display, warewashing, and food storage areas.
(f)All food shall be thawed, washed, sliced, and cooled within an approved fully enclosed food facility.
(g)Based upon local environmental conditions, location, and other similar factors, the enforcement officer may establish additional structural or operational requirements, or both, for mobile food facilities as necessary to ensure that foods, food-contact surfaces, and utensils are of a safe and sanitary quality.
(h)Full enclosure of a food facility is not required for limited food preparation when the other requirements of this section are met and the food facility can be fully enclosed or placed within a fully enclosed facility during periods of non-operation.
SEC. 7.Section 114053 of the Health and Safety Code is amended to read:114053.(a)Prepackaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container, or its positioning in the ice or water.
(b)Except as specified in subdivisions (c) and (d), nonprepackaged food may not be stored in direct contact with undrained ice.
(c)Whole raw fruits or vegetables, cut raw vegetables, and tofu may be immersed in ice or water.
(d)(1)Raw chicken and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.
(2)Whole or eviscerated raw fresh fish may be placed on ice while on display for sale.
SEC. 8.Section 114266 of the Health and Safety Code is amended to read:114266.(a)Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant change in its menu change or its method of operation.
(b)Notwithstanding subdivision (a), this section shall does not be construed to require the enclosure of dining areas or any other operation approved for outdoor food service, or limited food preparation operations.
(c)Notwithstanding subdivision (a), a produce stand that was in operation prior to the effective date of this part January 1, 2007, shall have no more than one side open to the outside air during business hours.
SEC. 9.Chapter 12.7 (commencing with Section 114378) is added to Part 7 of Division 104 of the Health and Safety Code, to read:12.7.Fishermens Markets114378.A fishermens market shall meet the requirements of this chapter and Chapter 13 (commencing with Section 114380), and the applicable requirements of Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with Section 113728), Chapter 3 (commencing with Section 113945), Chapter 4 (commencing with Section 113980), Chapter 5 (commencing with Section 114095), Chapter 6 (commencing with Section 114130), Chapter 7 (commencing with Section 114189), and Chapter 8 (commencing with Section 114250), unless specifically exempt or otherwise provided in this chapter.
114378.1.(a)Fish sold in a fishermens market shall be raw and may be displayed whole or eviscerated. A fisherman selling fish in a fishermens market shall only sell fish that he or she caught legally, or that was caught by one or two other licensed commercial fishermen. If a fisherman sells fish caught by another licensed commercial fisherman, the fisherman shall provide a copy of that other fishermans commercial license and contact information upon the request of the local enforcement agency.
(b)A fishermens market may provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermens market as a temporary food facility, mobile food facility, or other facility approved by the local enforcement agency. A separate health permit is required and applicable requirements for that category of permit shall be met.
(c)Fish parts from the days operations may be used for bait by a licensed commercial fisherman or registered aquaculturist.
(d)Ice used for refrigeration purposes shall not be used for consumption in food or beverages.
(e)Except as otherwise provided in Section 113996, during operating hours of a fishermens market, potentially hazardous food may be held at a temperature not to exceed 45 degrees Fahrenheit for up to 12 hours during a 24-hour period.
114378.2.A fishermens market shall meet all of the following requirements:
(a)The name of the fisherman, vessel or farm, and species of fish sold, shall be legible and clearly visible to patrons.
(b)Notwithstanding Section 113953, handwashing facilities for a fishermens market that operates for three days or less may include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow vigorous rubbing with soap and warm water for 10 to 15 seconds, inclusive. A catch basin shall be provided to collect wastewater, and the wastewater shall be properly disposed of according to Section 114197.
(c)Handwashing facilities shall be equipped with handwashing cleanser and single-use sanitary towels. A separate receptacle shall be available for towel waste.
(d)Notwithstanding Section 114205, potable water shall be available for handwashing and sanitizing as approved by the local enforcement agency.
(e)Approved toilet and handwashing facilities shall be available within 200 feet of the premises of a fishermens market or as approved by the local enforcement agency.
(f)All garbage and refuse shall be stored and disposed of in a manner approved by the local enforcement agency.
(g)Wastewater shall be disposed of in a facility connected to the public sewer system or in a manner approved by the local enforcement agency.
(h)Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair.
(i)Overhead protection shall be provided 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.
(j)Notwithstanding Section 114095, approved warewashing facilities may be shared if the sink is centrally located and is adjacent to the sharing facilities. The local enforcement agency may also approve use of warewashing facilities within a permanent facility if it is located within 200 feet of the premises of the fishermens market or as approved by the local enforcement agency.
(k)Food-related and utensil-related equipment shall be located and installed to prevent food contamination.
(l)During periods of nonoperation, food shall be stored within a fully enclosed facility approved by the local enforcement agency, or in approved food compartments where the food is protected at all times from contamination, exposure to the elements, ingress of rodents or other vermin, and temperature abuse.
114378.3.(a)A permit application and site plan shall be submitted to the local enforcement agency at least two weeks prior to the operation of a fishermens market. Only California-registered commercial fishermen, California-registered aquaculturists, or an entity representing California seafood producers may act as the responsible person and sole permit holder for a fishermens market. The site plan shall include all of the following:
(1)A map with proposed locations of the food booths, boundaries of the fishermens market, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and hand washing facilities as applicable.
(2)Details of the materials and methods used to construct the food booths.
(3)Foods that will be handled and dispensed.
(4)Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises.
(5)Procedures for transporting food to and from the fishermens market and actions taken to prevent contamination.
(6)List of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permit holder on their behalf.
(b)A fishermens market may operate adjacent, to or in conjunction with, a food facility or a community event. In those situations, the fishermens market is only subject to the limitations and requirements of a fishermens market. The other food facilities remain subject to the limitations and requirements, including separate permit requirements, that are applicable to the type of facility being operated.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
|
Date
|
Status
|
|---|---|
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jul 14, 2015 | Read second time. Ordered to Consent Calendar. |
| Jul 16, 2015 | From Consent Calendar. |
| Jul 16, 2015 | Ordered to third reading. |
| Aug 19, 2015 | Read third time and amended. Ordered to second reading. |
| Aug 20, 2015 | Read second time. Ordered to third reading. |
| Sep 4, 2015 | Read third time and amended. Ordered to second reading. |
| Sep 8, 2015 | Read second time. Ordered to third reading. |
| Sep 9, 2015 | In Assembly. Concurrence in Senate amendments pending. |
| Jul 13, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2633.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3056.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.). |
| Sep 18, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Oct 8, 2015 | Approved by the Governor. |
| Oct 8, 2015 | Chaptered by Secretary of State - Chapter 615, Statutes of 2015. |
| Feb 3, 2015 | Read first time. To print. |
| Jun 29, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 25, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (June 24). |
| May 21, 2015 | Referred to Com. on HEALTH. |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1347.) |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 7, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 30, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 29, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 29). |
| Apr 20, 2015 | Re-referred to Com. on APPR. |
| Apr 16, 2015 | Read second time and amended. |
| Apr 15, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (April 14). |
| Apr 8, 2015 | Re-referred to Com. on HEALTH. |
| Apr 7, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended. |
| Mar 2, 2015 | Referred to Com. on HEALTH. |
| Feb 4, 2015 | From printer. May be heard in committee March 6. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 10, 2015 | AB 226 ATKINS Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 9, 2015 | Assembly 3rd Reading AB226 Atkins By Hueso | Senate Floor |
Passed |
|
| Jun 24, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Health |
Passed |
|
| May 7, 2015 | AB 226 ATKINS Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 29, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 14, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Health |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Aquaculture Association | ** Support | Sep 9, 2015 |
| California Association of Environmental Health Administrators | ** Support | Sep 9, 2015 |
| California Association Of Port Authorities | ** Support | Sep 9, 2015 |
| California Fisheries And Seafood Institute | ** Support | Sep 9, 2015 |
| California Retail Food Safety Coalition | ** Support | Sep 9, 2015 |
| California Sea Grant College Program | ** Support | Sep 9, 2015 |
| California Sea Urchin Commission | ** Support | Sep 9, 2015 |
| California Wetfish Producers Association | ** Support | Sep 9, 2015 |
| City Of San Diego | ** Support | Sep 9, 2015 |
| County Of San Diego | ** Support | Sep 9, 2015 |
| Food & Beverage Association of San Diego | ** Support | Apr 14, 2015 |
| Food and Beverage Association of San Diego County | ** Support | Sep 9, 2015 |
| Local Environmental Health Directors | * Support | Apr 14, 2015 |
| Port of San Diego | * Support | Apr 14, 2015 |
| San Diego County Food System Alliance | ** Support | Sep 9, 2015 |
| San Diego Fishermen's Working Group | ** Support | Sep 9, 2015 |
| San Diego Food System Alliance | ** Support | Sep 9, 2015 |
| San Diego Regional Chamber Of Commerce | ** Support | Sep 9, 2015 |
| San Diego Unified Port District | ** Support | Sep 9, 2015 |
| Santa Barbara County Board of Supervisors | ** Support | Sep 9, 2015 |
| Slow Food California | ** Support | Sep 9, 2015 |
| Slow Food Urban San Diego | ** Support | Sep 9, 2015 |
| Unified Port of San Diego | * Support | Apr 14, 2015 |
AB 226
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 226
(Atkins)
As Amended September 4, 2015
Majority vote
ASSEMBLY: |
77-0 |
(May 7, 2015) |
SENATE: |
39-0 |
(September 9, 2015) |
Original Committee Reference: HEALTH
SUMMARY: Defines and creates a framework for a "fishermen's market" as a type of nonpermanent food facility that meets specific requirements.
The Senate amendments:
Strike the term "California seafood producer" and instead specify that a fishermen's market may be run by an entity representing two or more California-licensed commercial fishermen or California-registered aquaculturists.
Incorporate additional changes to Health and Safety Code Section 113789, proposed by AB 143 (Wood) and AB 234 (Gordon) of the current legislative session, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, this bill is necessary to allow California fisherman to organize and sell their wares in ways similar to popular and well-established Certified Farmers Markets (CFMs). This bill is a result of a County of San Diego convened stakeholder group which developed recommendations for legislative changes to state law that would streamline the permitting process and allow for future growth of fishermen's markets. The author states that this bill will support increased access to fresh seafood and support the fishing industry in California by expanding the opportunities for the public to have direct access to fresh seafood and encouraging the availability of fishermen's markets within the state.
CFMs. Prior to 1977, regulations required farmers to properly pack, size, and label their fresh fruits, nuts, and vegetables in standard containers to transport and sell in markets anywhere other than the farm site. Following the enactment of the federal Farmer to Consumer Direct Marketing Act of 1976, California Department of Food and Agriculture enacted regulations that exempted farmers from packing, sizing and labeling requirements for fresh fruits, nuts, and vegetables and enabled them to sell products they grow at CFMs, provided they receive certification from the county agricultural commissioner. CFMs have become established in many California communities, as have other outlets for direct marketing, such as farm stands and community supported agriculture. There are roughly 800 farmers' markets in California, a significant number of which operate year-round.
A CFM must have a certificate issued by the county agricultural commissioner authorizing it as a location where certified producers can sell their products directly to consumers, organizations, or entities that subsequently sell or distribute the products to end users. A CFM is also considered to be a food facility and must have a health permit issued by the local environmental health authority. It may be operated by one or more certified producers, by a non-profit organization, or by a local governmental agency. Each vendor selling certifiable agricultural products at the CFM must obtain a Certified Producer's Certificate, which allows them to sell fresh fruits, nuts, vegetables, shell eggs, honey, cut flowers, and nursery stock. These farmers must be certified and annually inspected by their local county agricultural commissioner to verify that all products are grown on the farmer's property.
Tuna Harbor Dockside Market. The County of San Diego, as part of its Live Well San Diego initiative, supports improved access to and the promotion of the advantages of local, fresh food, including locally-caught fresh fish. As part of this effort, and in support of local fishermen, aquaculturists, and San Diego's Blue Economy, the County of San Diego partnered with the San Diego Unified Port District to identify a location where commercial fishermen could sell locally-caught fresh fish directly to consumers. This resulted in the opening of the Tuna Harbor Dockside Fishermen's Market in August of 2014.
The County of San Diego reviewed existing state law with a local stakeholder group including local fishermen, aquaculturists, the Port of San Diego, the National Marine Fisheries Service, the Maritime Alliance, University of California San Diego Scripps Institute of Oceanography, and others, and identified several issues that can be streamlined to better accommodate open air fresh catch Fishermen's Markets. In the process of opening the Tuna Harbor Dockside Market, the County and stakeholders identified barriers and developed legislative proposals to address them.
Commercial Fishing and Aquaculture. Commercial fishing and aquaculture are governed by the Fish and Game Code and regulated by California Department of Fish and Wildlife (DFW). There are many different types of commercial fishing licenses, depending on various factors such as the type of vessel, type of catch, or location of catch. When fish are landed in California – unloaded onto a dock – state law requires preparation of a landing receipt that must include the location the fish was caught, among other things. A licensed commercial fisherman who has permits to fish in multiple states could catch fish in one state and land in another, which would be reflected in the landing receipt. State waters are limited to three miles off the coast, federal waters are from three miles to 200 miles, and international waters are more than 200 miles off-shore. DFW has been delegated authority to manage many fisheries. For example, Dungeness crab caught outside three miles in federal waters would be handled just like fish caught in state waters. Commercial fishing entitlements are not required for aquaculturists, although they are required to register with DFW. Several types of commercial fish businesses, separate from commercial fishing, are licensed through DFW including fish importer, fish retailer, fish wholesaler, and others.
The San Diego Regional Chamber of Commerce, one of the cosponsors of this bill, states that this bill provides greater access to fresh seafood, financially supports those who catch it, and allows the community to connect with the local fishing industry. Supporters of this bill state that it is necessary to address the gap in existing law and regulation by allowing commercial fishermen to organize under a single permit for fishermen's markets in a style similar to CFMs. According to the Food and Beverage Association of San Diego, fishermen's markets allow local residents, for the first time in many years to choose their next meal from the fresh catch brought ashore by local fishermen and support the local fishing fleet.
There is no known opposition to this bill.
Analysis Prepared by: Dharia McGrew / HEALTH / (916) 319-2097 FN: 0002263
AB 226
Page 8
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 226
Amended: 9/4/15 in Senate
SENATE HEALTH COMMITTEE: 8-0, 6/24/15
AYES: Hernandez, Nguyen, Mitchell, Monning, Nielsen, Pan, Roth, Wolk
NO VOTE RECORDED: Hall
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/7/15 (Consent) - See last page for vote
SUBJECT: Retail food safety: fishermen’s markets
County of San Diego
San Diego Regional Chamber of Commerce
San Diego Unified Port District
DIGEST: This bill establishes “fishermen’s markets” as a new category of food facility that sell only raw fresh or fresh-frozen fish or raw edible aquatic plants, caught or harvested by California-licensed fishermen or California-registered aquaculturists, and establishes requirements for fishermen’s markets.
Senate Floor Amendments of 9/4/15 delete the chaptering-out sections that were recently added to this bill related to AB 143 (Wood), and replace these sections with new chaptering-out provisions that will protect both AB 143 (Wood) and AB 234 (Gordon), as well as this bill, in the event that all three bills are enacted into law.
Senate Floor Amendments of 8/19/15 add chaptering-out amendments to avoid conflicting with AB 143 (Wood).
Existing law:
Establishes the California Retail Food Code (CRFC) to regulate food safety in retail food facilities, which is enforced by local environmental health officers.
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. Specifies requirements that certified farmers’ markets must meet for purposes of food safety, enforced by local environmental health officers.
Requires, for purposes of certified farmers’ markets, that all harvested, cut, wrapped, or otherwise processed meat, poultry, and fish products 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. Requires all harvested, cut, wrapped, or otherwise processed meat, poultry, and fish products offered for sale to be transported, stored, displayed, and maintained at a temperature of 41 degrees Fahrenheit or colder.
Prohibits food preparation at certified farmers’ markets, with the exception of food samples.
This bill:
Adds “fishermen’s markets” to the list of types of food facilities that are required to be permitted and regulated by local health environmental health officials, and defines a “fishermen’s market” as a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers.
Adds “fishermen’s markets” to the definition of a “nonpermanent food facility,” for purposes of the CRFC.
Requires fish sold in a fishermen’s market to be raw, and permits the fish to be displayed whole or eviscerated. Requires a fisherman to only sell aquatic plants or fish that he or she caught legally, or that was caught by one or two other licensed commercial fishermen, and if selling fish from another fisherman, to provide a copy of that other fisherman’s commercial license and contact information upon the request of the enforcement agency.
Permits a fishermen’s market to provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermen’s market as a temporary food facility, mobile food facility, or other facility approved by the enforcement agency, but requires a separate permit for that type of food facility. However, permits raw fish to be eviscerated at a fishermen’s market without needing to be permitted as another type of food facility.
Requires each fishermen’s market food booth to post the name of the fisherman, vessel or farm, and acceptable market name, as defined, of fish sold so they are legible and clearly visible to patrons.
Defines “acceptable market name” of a fish, for purposes of this bill, as a name that the federal Food and Drug Administration recognizes as a suitable statement of identity, as specified, in the labeling of a species. Species that an acceptable market name fairly represents the identity of the species to consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. Permits an acceptable market name to be the common or usual name, as specified, or a name specifically coined as the market name for a species.
Permits handwashing facilities for a fishermen’s market food booth that operates for three consecutive days or less to include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow rubbing with soap and warm water for 10-15 seconds.
Requires potable water to be available for handwashing and sanitizing, and requires handwashing facilities to be equipped with cleanser and single-use sanitary towels.
Requires approved toilet and handwashing facilities to be available within 200 feet of the premises of a fishermen’s market, or as approved by the enforcement agency.
Specifies certain requirements for garbage storage and disposal, wastewater disposal, floor construction, overhead protection, warewashing facilities, and location and storage of food-related equipment.
Requires a permit application and site plan to be submitted to the local enforcement agency at least two weeks prior to the operation of a fishermen’s market. Requires the responsible person and sole permitholder to be either a California-licensed commercial fisherman or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists.
Requires the site plan for a fishermen’s market to include all of the following:
A map with proposed locations of the fishermen’s market food booths, boundaries of the fishermen’s market, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and hand washing facilities as applicable;
Details of the materials and methods used to construct the food booths;
Foods that will be handles and dispensed;
Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises;
A list of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permit holder on their behalf; and,
Permits a fishermen’s market to operate adjacent to, or in conjunction with, a food facility or a community event. Specifies that in those situations, the fishermen’s market is only subject to the limitations and requirements of a fishermen’s market, and the other food facilities remain subject to the limitations and requirements that are applicable to the type of facility being operated.
Permits fish parts from the day’s operations to be used for bait by a licensed commercial fisherman or registered aquaculturist.
Prohibits ice used for refrigeration purposes from being used for consumption in food or beverages.
Requires a fishermen’s market to meet the applicable requirements of the CRFC, as specified.
Defines “fresh frozen,” for purposes of the CRFC, as food that was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
Incorporates provisions from AB 143 (Wood) and AB 234 (Gordon), in the event that all three bills are signed into law, to ensure that they do not chapter each other out.
Comments
Author’s statement. According to the author, the CRFC establishes uniform health and sanitation standards for retail food facilities and various types of food. The CRFC establishes specified food safety and sanitation requirements for certified farmers’ markets governing food preparation, storage, and sampling. Under existing law, local health agencies are primarily responsible for enforcing the code. This bill creates a new type of non-permanent food facility, defined as a “fishermen’s market,” that would be a food facility operated by a licensed commercial fisherman or an entity representing California seafood producers that sells only raw fresh or fresh frozen fish, legally caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers. This bill establishes and imposes food safety and sanitation requirements upon a fishermen’s market, authorizing only a licensed commercial fisherman or an entity representing California seafood producers to act as the responsible person and sole permit holder for a fishermen’s market, and requires that a permit application and site plan, including specified information, to be submitted to the local enforcement agency at least two weeks prior to the operation of the fishermen’s market.
The Tuna Harbor Dockside Market. According to the author, this bill originated when barriers to operating a fishermen’s market were identified in the process of opening the Tuna Harbor Dockside Market (Tuna Harbor) in San Diego. Tuna Harbor opened for business in August 2014. According to the author, in order to open, it was required to obtain a temporary event organizer permit for the market operator, and an individual temporary vendor permit for each fisherman selling at the market. According to the author, a stakeholder group was convened, spearheaded by the County of San Diego (as the local enforcement entity), to develop recommendations for legislative changes that would streamline the permitting process. The stakeholder group included local fishermen, aquaculturists, the Port of San Diego, the National Marine Fisheries Service, the Maritime Alliance, the University of California San Diego Scripps Institute of Oceanography, and others. Among the issues identified by this stakeholder was the inability to allow fresh-caught fish to be cleaned by fishermen for direct sales to the public at fishermen’s markets, and this bill contains an exemption from the prohibition on food preparation at markets. Another issue was that fresh-caught fish sales were only permitted to be sold from permanent, temporary, or mobile food facilities, where each participating fisherman is required to obtain a permit. This bill permits a single permittee to complete the permitting process and ensure that fishermen participating in the market meet minimum sanitation, food safety and administrative requirements. Finally, the author states that the final recommendation of the stakeholder group related to the siting of a permanent open air marketplace, specifically permitting these markets to have an open front but be designed so that the market is fully enclosed at the end of the operating day and at any time the market is not in operation.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
City of San Diego (co-source)
County of San Diego (co-source)
San Diego Regional Chamber of Commerce (co-source)
San Diego Unified Port District (co-source)
California Aquaculture Association
California Association of Environmental Health Administrators
California Association of Port Authorities
California Fisheries and Seafood Institute
California Retail Food Safety Coalition
California Sea Grant College Program
California Sea Urchin Commission
California Wetfish Producers Association
Food and Beverage Association of San Diego County
San Diego County Food System Alliance
San Diego Fishermen’s Working Group
San Diego Food System Alliance
Santa Barbara County Board of Supervisors
Slow Food California
Slow Food Urban San Diego
University of California San Diego – Center for Community Health
None received
ARGUMENTS IN SUPPORT: This bill is co-sponsored by the San Diego Regional Chamber of Commerce, the San Diego Unified Port District, the County of San Diego and the City of San Diego. These sponsors states that this bill will clarify and streamline state laws, making it easier and safer for San Diego’s Tuna Harbor Dockside Market, and similar fishermen’s markets, to grow and thrive. These co-sponsors state that fishermen’s markets allow local residents to hand select their next meal directly from the fresh catch brought ashore by local fishermen, which provides greater access to fresh seafood, financially supports those who catch it, and allows the community to connect with the local fishing industry. According to the co-sponsors, this bill will address the gap in existing law by allowing commercial fishermen to organize under a single permit for fishermen’s markets in a style similar to certified farmers’ markets. By adding fishermen’s markets to the definition of a food facility, this bill will allow local health departments to issue permits for a fishermen’s market to operate as a separate food facility, which expands the ability of fishermen to sell fresh fish directly to the public on an ongoing basis. Finally, the co-sponsors state that this bill is needed to permit fishermen at fishermen’s markets to clean and prepare fresh fish for patrons, making the process more consumer-friendly.
ASSEMBLY FLOOR: 77-0, 5/7/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Roger Hernández, Steinorth
Prepared by: Vince Marchand / HEALTH /
9/8/15 16:19:47
**** END ****
AB 226
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 226
Amended: 8/19/15 in Senate
SENATE HEALTH COMMITTEE: 8-0, 6/24/15
AYES: Hernandez, Nguyen, Mitchell, Monning, Nielsen, Pan, Roth, Wolk
NO VOTE RECORDED: Hall
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/7/15 - See last page for vote
SUBJECT: Retail food safety: fishermen’s markets
County of San Diego
San Diego Regional Chamber of Commerce
San Diego Unified Port District
DIGEST: This bill establishes “fishermen’s markets” as a new category of food facility that would sell only raw fresh or fresh-frozen fish or raw edible aquatic plants, caught or harvested by California-licensed fishermen or California-registered aquaculturists, and establishes requirements for fishermen’s markets.
Senate Floor Amendments of 8/19/15 add chaptering-out amendments to avoid conflicting with AB 143 (Wood).
Existing law:
Establishes the California Retail Food Code (CRFC) to regulate food safety in retail food facilities, which is enforced by local environmental health officers.
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. Specifies requirements that certified farmers’ markets must meet for purposes of food safety, enforced by local environmental health officers.
Requires, for purposes of certified farmers’ markets, that all harvested, cut, wrapped, or otherwise processed meat, poultry, and fish products 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. Requires all harvested, cut, wrapped, or otherwise processed meat, poultry, and fish products offered for sale to be transported, stored, displayed, and maintained at a temperature of 41 degrees Fahrenheit or colder.
Prohibits food preparation at certified farmers’ markets, with the exception of food samples.
This bill:
Adds “fishermen’s markets” to the list of types of food facilities that are required to be permitted and regulated by local health environmental health officials, and defines a “fishermen’s market” as a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers.
Adds “fishermen’s markets” to the definition of a “nonpermanent food facility,” for purposes of the CRFC.
Requires fish sold in a fishermen’s market to be raw, and permits the fish to be displayed whole or eviscerated. Requires a fisherman to only sell aquatic plants or fish that he or she caught legally, or that was caught by one or two other licensed commercial fishermen, and if selling fish from another fisherman, to provide a copy of that other fisherman’s commercial license and contact information upon the request of the enforcement agency.
Permits a fishermen’s market to provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermen’s market as a temporary food facility, mobile food facility, or other facility approved by the enforcement agency, but requires a separate permit for that type of food facility. However, permits raw fish to be eviscerated at a fishermen’s market without needing to be permitted as another type of food facility.
Requires each fishermen’s market food booth to post the name of the fisherman, vessel or farm, and acceptable market name, as defined, of fish sold so they are legible and clearly visible to patrons.
Defines “acceptable market name” of a fish, for purposes of this bill, as a name that the federal Food and Drug Administration recognizes as a suitable statement of identity, as specified, in the labeling of a species. Species that an acceptable market name fairly represents the identity of the species to consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. Permits an acceptable market name to be the common or usual name, as specified, or a name specifically coined as the market name for a species.
Permits handwashing facilities for a fishermen’s market food booth that operates for three consecutive days or less to include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow rubbing with soap and warm water for 10-15 seconds.
Requires potable water to be available for handwashing and sanitizing, and requires handwashing facilities to be equipped with cleanser and single-use sanitary towels.
Requires approved toilet and handwashing facilities to be available within 200 feet of the premises of a fishermen’s market, or as approved by the enforcement agency.
Specifies certain requirements for garbage storage and disposal, wastewater disposal, floor construction, overhead protection, warewashing facilities, and location and storage of food-related equipment.
Requires a permit application and site plan to be submitted to the local enforcement agency at least two weeks prior to the operation of a fishermen’s market. Requires the responsible person and sole permitholder to be either a California-licensed commercial fisherman or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists.
Requires the site plan for a fishermen’s market to include all of the following:
A map with proposed locations of the fishermen’s market food booths, boundaries of the fishermen’s market, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and hand washing facilities as applicable;
Details of the materials and methods used to construct the food booths;
Foods that will be handles and dispensed;
Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises;
A list of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permit holder on their behalf; and,
Permits a fishermen’s market to operate adjacent to, or in conjunction with, a food facility or a community event. Specifies that in those situations, the fishermen’s market is only subject to the limitations and requirements of a fishermen’s market, and the other food facilities remain subject to the limitations and requirements that are applicable to the type of facility being operated.
Permits fish parts from the day’s operations to be used for bait by a licensed commercial fisherman or registered aquaculturist.
Prohibits ice used for refrigeration purposes from being used for consumption in food or beverages.
Requires a fishermen’s market to meet the applicable requirements of the CRFC, as specified.
Defines “fresh frozen,” for purposes of the CRFC, as food that was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
Incorporates provisions from AB 143 (Wood), in the case that both bills are signed into law, to ensure that they do not chapter each other out.
Comments
Author’s statement. According to the author, the CRFC establishes uniform health and sanitation standards for retail food facilities and various types of food. The CRFC establishes specified food safety and sanitation requirements for certified farmers’ markets governing food preparation, storage, and sampling. Under existing law, local health agencies are primarily responsible for enforcing the code. This bill creates a new type of non-permanent food facility, defined as a “fishermen’s market,” that would be a food facility operated by a licensed commercial fisherman or an entity representing California seafood producers that sells only raw fresh or fresh frozen fish, legally caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers. This bill establishes and imposes food safety and sanitation requirements upon a fishermen’s market, authorizing only a licensed commercial fisherman or an entity representing California seafood producers to act as the responsible person and sole permit holder for a fishermen’s market, and requires that a permit application and site plan, including specified information, to be submitted to the local enforcement agency at least two weeks prior to the operation of the fishermen’s market.
The Tuna Harbor Dockside Market. According to the author, this bill originated when barriers to operating a fishermen’s market were identified in the process of opening the Tuna Harbor Dockside Market (Tuna Harbor) in San Diego. Tuna Harbor opened for business in August 2014. According to the author, in order to open, it was required to obtain a temporary event organizer permit for the market operator, and an individual temporary vendor permit for each fisherman selling at the market. According to the author, a stakeholder group was convened, spearheaded by the County of San Diego (as the local enforcement entity), to develop recommendations for legislative changes that would streamline the permitting process. The stakeholder group included local fishermen, aquaculturists, the Port of San Diego, the National Marine Fisheries Service, the Maritime Alliance, the University of California San Diego Scripps Institute of Oceanography, and others. Among the issues identified by this stakeholder was the inability to allow fresh-caught fish to be cleaned by fishermen for direct sales to the public at fishermen’s markets, and this bill contains an exemption from the prohibition on food preparation at markets. Another issue was that fresh-caught fish sales were only permitted to be sold from permanent, temporary, or mobile food facilities, where each participating fisherman is required to obtain a permit. This bill permits a single permittee to complete the permitting process and ensure that fishermen participating in the market meet minimum sanitation, food safety and administrative requirements. Finally, the author states that the final recommendation of the stakeholder group related to the siting of a permanent open air marketplace, specifically permitting these markets to have an open front but be designed so that the market is fully enclosed at the end of the operating day and at any time the market is not in operation.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
City of San Diego (co-source)
County of San Diego (co-source)
San Diego Regional Chamber of Commerce (co-source)
San Diego Unified Port District (co-source)
California Aquaculture Association
California Association of Environmental Health Administrators
California Association of Port Authorities
California Fisheries and Seafood Institute
California Retail Food Safety Coalition
California Sea Grant College Program
California Sea Urchin Commission
California Wetfish Producers Association
Food and Beverage Association of San Diego County
San Diego County Food System Alliance
San Diego Fishermen’s Working Group
San Diego Food System Alliance
Santa Barbara County Board of Supervisors
Slow Food California
Slow Food Urban San Diego
University of California San Diego – Center for Community Health
OPPOSITION: (Verified 8/20/15)
None received
ARGUMENTS IN SUPPORT: This bill is co-sponsored by the San Diego Regional Chamber of Commerce, the San Diego Unified Port District, the County of San Diego and the City of San Diego. These sponsors states that this bill will clarify and streamline state laws, making it easier and safer for San Diego’s Tuna Harbor Dockside Market, and similar fishermen’s markets, to grow and thrive. These co-sponsors state that fishermen’s markets allow local residents to hand select their next meal directly from the fresh catch brought ashore by local fishermen, which provides greater access to fresh seafood, financially supports those who catch it, and allows the community to connect with the local fishing industry. According to the co-sponsors, this bill will address the gap in existing law by allowing commercial fishermen to organize under a single permit for fishermen’s markets in a style similar to certified farmers’ markets. By adding fishermen’s markets to the definition of a food facility, this bill will allow local health departments to issue permits for a fishermen’s market to operate as a separate food facility, which expands the ability of fishermen to sell fresh fish directly to the public on an ongoing basis. Finally, the co-sponsors state that this bill is needed to permit fishermen at fishermen’s markets to clean and prepare fresh fish for patrons, making the process more consumer-friendly.
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Roger Hernández, Steinorth
Prepared by: Vince Marchand / HEALTH /
8/21/15 10:37:03
**** END ****
AB 226
Page 9
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: AB 226
Amended: 6/29/15 in Senate
SENATE HEALTH COMMITTEE: 8-0, 6/24/15
AYES: Hernandez, Nguyen, Mitchell, Monning, Nielsen, Pan, Roth, Wolk
NO VOTE RECORDED: Hall
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/7/15 (Consent) - See last page for vote
SUBJECT: Retail food safety: fishermen’s markets.
County of San Diego
San Diego Regional Chamber of Commerce
San Diego Unified Port District
DIGEST: This bill establishes “fishermen’s markets” as a new category of food facility that would sell only raw fresh or fresh-frozen fish or raw edible aquatic plants, caught or harvested by California-licensed fishermen or California-registered aquaculturists, and establishes requirements for fishermen’s markets.
Existing law:
Establishes the California Retail Food Code (CRFC) to regulate food safety in retail food facilities, which is enforced by local environmental health officers.
Defines a food facility as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, on or off the premises, regardless of whether there is a charge, at the retail level. Food facilities include, but are not limited to, permanent and nonpermanent facilities, public and private school cafeterias, restricted food service facilities, licensed health care facilities, commissaries, mobile food facilities, mobile support units, temporary food facilities, vending machines, certified farmers’ markets, and farm stands.
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. Specifies requirements that certified farmers’ markets must meet for purposes of food safety, enforced by local environmental health officers.
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).
Requires, for purposes of certified farmers’ markets, that all harvested, cut, wrapped, or otherwise processed meat, poultry, and fish products 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. Requires all harvested, cut, wrapped, or otherwise processed meat, poultry, and fish products offered for sale to be transported, stored, displayed, and maintained at a temperature of 41 degrees Fahrenheit or colder.
Prohibits food preparation at certified farmers’ markets, with the exception of food samples.
Requires aquaculture facility owners to register their operations annually with the Department of Fish and Game (DFG) and provide their name, the species grown, and the location of each operation.
Prohibits any person from taking any fish or amphibia for commercial purposes, and no person to cause to be brought ashore any fish or amphibian at any point in the state for the purposes of selling them in a fresh state, unless the person holds a commercial fishing license issued by DFG.
This bill:
Adds “fishermen’s markets” to the list of types of food facilities that are required to be permitted and regulated by local health environmental health officials, and defines a “fishermen’s market” as a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers.
Adds “fishermen’s markets” to the definition of a “nonpermanent food facility,” for purposes of the CRFC.
Requires fish sold in a fishermen’s market to be raw, and permits the fish to be displayed whole or eviscerated. Requires a fisherman to only sell aquatic plants or fish that he or she caught legally, or that was caught by one or two other licensed commercial fishermen, and if selling fish from another fisherman, to provide a copy of that other fisherman’s commercial license and contact information upon the request of the enforcement agency.
Permits a fishermen’s market to provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermen’s market as a temporary food facility, mobile food facility, or other facility approved by the enforcement agency, but requires a separate permit for that type of food facility. However, permits raw fish to be eviscerated at a fishermen’s market without needing to be permitted as another type of food facility.
Requires each fishermen’s market food booth to post the name of the fisherman, vessel or farm, and acceptable market name, as defined, of fish sold so they are legible and clearly visible to patrons.
Defines “acceptable market name” of a fish, for purposes of this bill, as a name that the federal Food and Drug Administration recognizes as a suitable statement of identity, as specified, in the labeling of a species. Species that an acceptable market name fairly represents the identity of the species to consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. Permits an acceptable market name to be the common or usual name, as specified, or a name specifically coined as the market name for a species.
Permits handwashing facilities for a fishermen’s market food booth that operates for three consecutive days or less to include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow rubbing with soap and warm water for 10-15 seconds.
Requires potable water to be available for handwashing and sanitizing, and requires handwashing facilities to be equipped with cleanser and single-use sanitary towels.
Requires approved toilet and handwashing facilities to be available within 200 feet of the premises of a fishermen’s market, or as approved by the enforcement agency.
Specifies certain requirements for garbage storage and disposal, wastewater disposal, floor construction, overhead protection, warewashing facilities, and location and storage of food-related equipment.
Requires a permit application and site plan to be submitted to the local enforcement agency at least two weeks prior to the operation of a fishermen’s market. Requires the responsible person and sole permitholder to be either a California-licensed commercial fisherman or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists.
Requires the site plan for a fishermen’s market to include all of the following:
A map with proposed locations of the fishermen’s market food booths, boundaries of the fishermen’s market, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and hand washing facilities as applicable;
Details of the materials and methods used to construct the food booths;
Foods that will be handles and dispensed;
Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises;
A list of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permit holder on their behalf; and,
Permits a fishermen’s market to operate adjacent to, or in conjunction with, a food facility or a community event. Specifies that in those situations, the fishermen’s market is only subject to the limitations and requirements of a fishermen’s market, and the other food facilities remain subject to the limitations and requirements that are applicable to the type of facility being operated.
Permits fish parts from the day’s operations to be used for bait by a licensed commercial fisherman or registered aquaculturist.
Prohibits ice used for refrigeration purposes from being used for consumption in food or beverages.
Requires a fishermen’s market to meet the applicable requirements of the CRFC, as specified.
Defines “fresh frozen,” for purposes of the CRFC, as food that was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
Comments
Author’s statement. According to the author, the CRFC establishes uniform health and sanitation standards for retail food facilities and various types of food. The CRFC establishes specified food safety and sanitation requirements for certified farmers’ markets governing food preparation, storage, and sampling. Under existing law, local health agencies are primarily responsible for enforcing the code. This bill creates a new type of non-permanent food facility, defined as a “fishermen’s market,” that would be a food facility operated by a licensed commercial fisherman or an entity representing California seafood producers that sells only raw fresh or fresh frozen fish, legally caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers. This bill establishes and imposes food safety and sanitation requirements upon a fishermen’s market, authorizing only a licensed commercial fisherman or an entity representing California seafood producers to act as the responsible person and sole permit holder for a fishermen’s market, and requires that a permit application and site plan, including specified information, to be submitted to the local enforcement agency at least two weeks prior to the operation of the fishermen’s market.
The Tuna Harbor Dockside Market. According to the author, this bill originated when barriers to operating a fishermen’s market were identified in the process of opening the Tuna Harbor Dockside Market (Tuna Harbor) in San Diego. Tuna Harbor opened for business in August 2014. According to the author, in order to open, it was required to obtain a temporary event organizer permit for the market operator, and an individual temporary vendor permit for each fisherman selling at the market. According to the author, a stakeholder group was convened, spearheaded by the County of San Diego (as the local enforcement entity), to develop recommendations for legislative changes that would streamline the permitting process. The stakeholder group included local fishermen, aquaculturists, the Port of San Diego, the National Marine Fisheries Service, the Maritime Alliance, the University of California San Diego Scripps Institute of Oceanography, and others. Among the issues identified by this stakeholder was the inability to allow fresh-caught fish to be cleaned by fishermen for direct sales to the public at fishermen’s markets, and this bill contains an exemption from the prohibition on food preparation at markets. Another issue was that fresh-caught fish sales were only permitted to be sold from permanent, temporary, or mobile food facilities, where each participating fisherman is required to obtain a permit. This bill permits a single permittee to complete the permitting process and ensure that fishermen participating in the market meet minimum sanitation, food safety and administrative requirements. Finally, the author states that the final recommendation of the stakeholder group related to the siting of a permanent open air marketplace, specifically permitting these markets to have an open front but be designed so that the market is fully enclosed at the end of the operating day and at any time the market is not in operation.
Related Legislation
AB 234 (Gordon, 2015) revises provisions of law governing community food producers or gleaners by allowing them to sell whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to a permitted food facility, not just a restaurant, and limits the ability of a local environmental health officer to require community food producers or gleaners to register with the local enforcement entity to only when the food producers or gleaners do not meet certain conditions. AB 234 is pending on the Senate Floor.
AB 143 (Wood, 2015) extends an exemption from food facility regulation, that currently exists for breweries, to enable wineries to offer prepackaged non-potentially hazardous food. AB 143 has been ordered to Engrossing and Enrolling.
Prior Legislation
AB
2539 (Ting, Chapter 907, Statutes of 2014) made various changes to
the rules governing certified farmers’ markets, 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.
SB
144 (Runner, Chapter 23, Statutes of 2006) established the CRFC in
order to create uniformity between California's retail food safety
laws and those of other states, as well as to enhance food safety
laws based on the best available science.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
City of San Diego (co-source)
County of San Diego (co- source)
San Diego Regional Chamber of Commerce (co- source)
San Diego Unified Port District (co- source)
California Aquaculture Association
California Association of Environmental Health Administrators
California Association of Port Authorities
California Fisheries and Seafood Institute
California Retail Food Safety Coalition
California Sea Grant College Program
California Sea Urchin Commission
California Wetfish Producers Association
Food and Beverage Association of San Diego County
San Diego County Food System Alliance
San Diego Fishermen’s Working Group
San Diego Food System Alliance
Santa Barbara County Board of Supervisors
Slow Food California
Slow Food Urban San Diego
University of California San Diego – Center for Community Health
OPPOSITION: (Verified 7/14/15)
None received
ARGUMENTS IN SUPPORT: This bill is co-sponsored by the San Diego Regional Chamber of Commerce, the San Diego Unified Port District, the County of San Diego and the City of San Diego. These sponsors states that this bill will clarify and streamline state laws, making it easier and safer for San Diego’s Tuna Harbor Dockside Market, and similar fishermen’s markets, to grow and thrive. These co-sponsors state that fishermen’s markets allow local residents to hand select their next meal directly from the fresh catch brought ashore by local fishermen, which provides greater access to fresh seafood, financially supports those who catch it, and allows the community to connect with the local fishing industry. According to the co-sponsors, this bill will address the gap in existing law by allowing commercial fishermen to organize under a single permit for fishermen’s markets in a style similar to certified farmers’ markets. By adding fishermen’s markets to the definition of a food facility, this bill will allow local health departments to issue permits for a fishermen’s market to operate as a separate food facility, which expands the ability of fishermen to sell fresh fish directly to the public on an ongoing basis. Finally, the co-sponsors state that this bill is needed to permit fishermen at fishermen’s markets to clean and prepare fresh fish for patrons, making the process more consumer-friendly.
ASSEMBLY FLOOR: 77-0, 5/7/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Roger Hernández, Steinorth
Prepared by: Vince Marchand / HEALTH /
7/14/15 16:51:31
**** END ****
AB 226 (Atkins) Page 6 of 6
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 226
AUTHOR: |
Atkins |
||
VERSION: |
April 16, 2015 |
||
HEARING DATE: |
June 24, 2015 |
|
|
CONSULTANT: |
Vince Marchand |
||
SUBJECT: Retail food safety: fishermen’s markets
SUMMARY:
Establishes “fishermen’s markets” as a new category of food facility that would sell only raw fresh or fresh-frozen fish or raw edible aquatic plants, caught or harvested by California-licensed fishermen or California-registered aquaculturists, and establishes requirements for fishermen’s markets.
Existing law:
Establishes the California Retail Food Code (CRFC) to regulate food safety in retail food facilities, which is enforced by local environmental health officers.
Defines a food facility as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, on or off the premises, regardless of whether there is a charge, at the retail level. Food facilities include, but are not limited to, permanent and nonpermanent facilities, public and private school cafeterias, restricted food service facilities, licensed health care facilities, commissaries, mobile food facilities, mobile support units, temporary food facilities, vending machines, certified farmers’ markets, and farm stands.
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. Specifies requirements that certified farmers’ markets must meet for purposes of food safety, enforced by local environmental health officers.
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).
Requires, for purposes of certified farmers’ markets, that all harvested, cut, wrapped, or otherwise processed meat, poultry, and fish products 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. Requires all harvested, cut, wrapped, or otherwise processed meat, poultry, and fish products offered for sale to be transported, stored, displayed, and maintained at a temperature of 41° F or colder.
Prohibits food preparation at certified farmers’ markets, with the exception of food samples.
Requires aquaculture facility owners to register their operations annually with the Department of Fish and Game (DFG) and provide their name, the species grown, and the location of each operation.
Prohibits any person from taking any fish or amphibia for commercial purposes, and no person to cause to be brought ashore any fish or amphibian at any point in the state for the purposes of selling them in a fresh state, unless the person holds a commercial fishing license issued by DFG.
This bill:
Adds “fishermen’s markets” to the list of types of food facilities that are required to be permitted and regulated by local health environmental health officials, and defines a “fishermen’s market” as a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing California seafood producers, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers.
Adds “fishermen’s markets” to the definition of a “nonpermanent food facility,” for purposes of the CRFC.
Requires fish sold in a fishermen’s market to be raw, and permits the fish to be displayed whole or eviscerated. Requires a fisherman to only sell aquatic plants or fish that he or she caught legally, or that was caught by one or two other licensed commercial fishermen, and if selling fish from another fisherman, to provide a copy of that other fisherman’s commercial license and contact information upon the request of the enforcement agency.
Permits a fishermen’s market to provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermen’s market as a temporary food facility, mobile food facility, or other facility approved by the enforcement agency, but requires a separate permit for that type of food facility. However, permits raw fish to be eviscerated at a fishermen’s market without needing to be permitted as another type of food facility.
Requires each fishermen’s market food booth to post the name of the fisherman, vessel or farm, and acceptable market name, as defined, of fish sold so they are legible and clearly visible to patrons.
Defines “acceptable market name” of a fish, for purposes of this bill, as a name that the federal Food and Drug Administration recognizes as a suitable statement of identity, as specified, in the labeling of a species. Species that an acceptable market name fairly represents the identity of the species to consumers because it is not confusingly similar to the name of another species and because it is not otherwise misleading. Permits an acceptable market name to be the common or usual name, as specified, or a name specifically coined as the market name for a species.
Permits handwashing facilities for a fishermen’s market food booth that operates for three consecutive days or less to include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow rubbing with soap and warm water for 10-15 seconds.
Requires potable water to be available for handwashing and sanitizing, and requires handwashing facilities to be equipped with cleanser and single-use sanitary towels.
Requires approved toilet and handwashing facilities to be available within 200 feet of the premises of a fishermen’s market, or as approved by the enforcement agency.
Specifies certain requirements for garbage storage and disposal, wastewater disposal, floor construction, overhead protection, warewashing facilities, and location and storage of food-related equipment.
Requires a permit application and site plan to be submitted to the local enforcement agency at least two weeks prior to the operation of a fishermen’s market. Requires the responsible person and sole permitholder to be either a California-licensed commercial fisherman or an entity representing California seafood producers.
Requires the site plan for a fishermen’s market to include all of the following:
A map with proposed locations of the fishermen’s market food booths, boundaries of the fishermen’s market, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and hand washing facilities as applicable;
Details of the materials and methods used to construct the food booths;
Foods that will be handles and dispensed;
Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises;
A list of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permit holder on their behalf; and,
Permits a fishermen’s market to operate adjacent to, or in conjunction with, a food facility or a community event. Specifies that in those situations, the fishermen’s market is only subject to the limitations and requirements of a fishermen’s market, and the other food facilities remain subject to the limitations and requirements that are applicable to the type of facility being operated.
Permits fish parts from the day’s operations to be used for bait by a licensed commercial fisherman or registered aquaculturist.
Prohibits ice used for refrigeration purposes from being used for consumption in food or beverages.
Requires a fishermen’s market to meet the applicable requirements of the CRFC, as specified.
Defines “fresh frozen,” for purposes of the CRFC, as food that was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
FISCAL EFFECT:
According to the Assembly Appropriations Committee, this bill would have negligible state fiscal effect.
PRIOR VOTES:
Assembly Floor: |
77 - 0 |
Assembly Appropriations Committee: |
17 - 0 |
Assembly Health Committee: |
17 - 0 |
COMMENTS:
Author’s statement. According to the author, the CRFC establishes uniform health and sanitation standards for retail food facilities and various types of food. The CRFC establishes specified food safety and sanitation requirements for certified farmers’ markets governing food preparation, storage, and sampling. Under existing law, local health agencies are primarily responsible for enforcing the code. This bill would create a new type of non-permanent food facility, defined as a “fishermen’s market,” that would be a food facility operated by a licensed commercial fisherman or an entity representing California seafood producers that sells only raw fresh or fresh frozen fish, legally caught by California-licensed commercial fishermen or harvested by California-registered aquaculturists, directly to consumers. This bill would establish and impose food safety and sanitation requirements upon a fishermen’s market, authorizing only a licensed commercial fisherman or an entity representing California seafood producers to act as the responsible person and sole permit holder for a fishermen’s market, and would require that a permit application and site plan, including specified information, to be submitted to the local enforcement agency at least two weeks prior to the operation of the fishermen’s market.
Background on the Tuna Harbor Dockside Market. According to the author, this bill originated when barriers to operating a fishermen’s market were identified in the process of opening the Tuna Harbor Dockside Market (Tuna Harbor) in San Diego. Tuna Harbor opened for business in August 2014. According to the author, in order to open, it was required to obtain a temporary event organizer permit for the market operator, and an individual temporary vendor permit for each fisherman selling at the market. According to the author, a stakeholder group was convened, spearheaded by the County of San Diego (as the local enforcement entity), to develop recommendations for legislative changes that would streamline the permitting process. The stakeholder group included local fishermen, aquaculturists, the Port of San Diego, the National Marine Fisheries Service, the Maritime Alliance, the University of California San Diego Scripps Institute of Oceanography, and others. Among the issues identified by this stakeholder was the inability to allow fresh-caught fish to be cleaned by fishermen for direct sales to the public at fishermen’s markets, and this bill contains an exemption from the prohibition on food preparation at markets. Another issue was that fresh-caught fish sales were only permitted to be sold from permanent, temporary, or mobile food facilities, where each participating fisherman is required to obtain a permit. This bill permits a single permittee to complete the permitting process and ensure that fishermen participating in the market meet minimum sanitation, food safety and administrative requirements. Finally, the author states that the final recommendation of the stakeholder group related to the siting of a permanent open air marketplace, specifically permitting these markets to have an open front but be designed so that the market is fully enclosed at the end of the operating day and at any time the market is not in operation.
Related legislation. AB 234 (Gordon), revises provisions of law governing community food producers or gleaners by allowing them to sell whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to a permitted food facility, not just a restaurant, and limits the ability of a local environmental health officer to require community food producers or gleaners to register with the local enforcement entity to only when the food producers or gleaners do not meet certain conditions. AB 234 is also set for hearing on June 24, 2015, in this committee.
AB 143 (Wood),
extends an exemption from food facility regulation, that currently
exists for breweries, to enable wineries to offer prepackaged
non-potentially hazardous food. AB
143 passed the Senate Health Committee by a vote of 6-3 on June 10,
2015.
Prior legislation. AB 2539 (Ting, Chapter 907, Statutes of 2014), made various changes to the rules governing certified farmers’ markets, 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.
SB 144 (Runner, Chapter 23, Statutes of 2006), established the CRFC in order to create uniformity between California's retail food safety laws and those of other states, as well as to enhance food safety laws based on the best available science.
Support. This bill is co-sponsored by the San Diego Regional Chamber of Commerce, the San Diego Unified Port District, the County of San Diego and the City of San Diego. These sponsors states that this bill would clarify and streamline state laws, making it easier and safer for San Diego’s Tuna Harbor Dockside Market, and similar fishermen’s markets, to grow and thrive. These co-sponsors state that fishermen’s markets allow local residents to hand select their next meal directly from the fresh catch brought ashore by local fishermen, which provides greater access to fresh seafood, financially supports those who catch it, and allows the community to connect with the local fishing industry. According to the co-sponsors, this bill will address the gap in existing law by allowing commercial fishermen to organize under a single permit for fishermen’s markets in a style similar to certified farmers’ markets. By adding fishermen’s markets to the definition of a food facility, this bill will allow local health departments to issue permits for a fishermen’s market to operate as a separate food facility, which expands the ability of fishermen to sell fresh fish directly to the public on an ongoing basis. Finally, the co-sponsors state that this bill is needed to permit fishermen at fishermen’s markets to clean and prepare fresh fish for patrons, making the process more consumer-friendly.
Seafood producers not defined. This bill requires a fishermen’s market to be operated by either a California-licensed commercial fisherman, or “an entity representing California seafood producers.” There is no license or permit for a “seafood producer.” The sponsors have indicated that the intent of this provision was to allow a cooperative of fishermen to obtain the permit to operate the fishermen’s market. If the goal is to require the operation of the fishermen’s market to be directly linked to a licensed fisherman, the author may wish to consider an amendment that would revise this second option to instead be an entity representing two or more licensed fishermen.
SUPPORT AND OPPOSITION:
Support: City of San Diego (co-sponsor)
County of San Diego (co-sponsor)
San Diego Regional Chamber of Commerce (co-sponsor)
San Diego Unified Port District (co-sponsor)
California Aquaculture Association
California Association of Environmental Health Administrators
California Association of Port Authorities
California Fisheries and Seafood Institute
California Retail Food Safety Coalition
California Sea Grant College Program
California Sea Urchin Commission
California Wetfish Producers Association
Food and Beverage Association of San Diego County
San Diego County Food System Alliance
San Diego Fishermen’s Working Group
San Diego Food System Alliance
Santa Barbara County Board of Supervisors
Slow Food California
Slow Food Urban San Diego
University of California San Diego – Center for Community Health
Two individuals
Oppose: None received
-- END --
AB 226
Page 2
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 226
(Atkins) – As Amended April 16, 2015
Policy Committee: |
Health |
Vote: |
17 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill establishes sanitation and operational requirements for “Fishermen’s Markets,” defining them as a new type of nonpermanent food facility, and authorizes permitholders to sell directly to consumers raw or fresh frozen fish that has been legally caught or harvested by California licensed entities.
FISCAL EFFECT:
Negligible state fiscal effect.
COMMENTS:
Purpose. According to the author, this bill is necessary to allow California fisherman to organize and sell their wares in ways similar to popular and well-established certified farmer's markets. This bill emerged from a stakeholder group convened by the County of San Diego, which developed recommendations for legislative changes to state law that would streamline the permitting process and allow for future growth of fishermen's markets.
Background. Food facilities are governed by the California Retail Food Code (CRFC), which establishes statewide standards. CRFC rules are enforced by local environmental health agencies, which charge fees to food facilities for local regulatory oversight. Fish and meat can be directly sold at markets currently, but each purveyor must have a permit. This bill would streamline permitting requirements such that a fish market can be consolidated under a single permit, as is done for certified farmers' markets.
Related Legislation.
AB 143 (Wood), also being heard today in this committee, expands the types of pre-packaged foods a wine tasting facility can offer while still being exempt from requirements governing food facilities.
AB 234 (Gordon), pending on the Assembly Floor, allows a “community food producer” to sell whole uncut fruits or vegetables, or unrefrigerated shell eggs, to any licensed food facility if the community food producer follows certain requirements.
AB 724 (Dodd), pending in Assembly Health, revises the definition of community event to include a district fair, and requires a temporary food facility that meets certain criteria to be granted a permit to operate at a community event.
AB 1076 (Mayes), pending in Assembly Health, exempts from the definition of a food facility, a snack bar operated by a charitable nonprofit organization and authorizes snack bars to undertake limited food preparation, as defined.
SB 746 (Wolk), pending on the Senate Floor, exempts, beginning January 1, 2018, grain milled and sold at the Bale Grist Mill State Historic Park from registration and other requirements applicable to retail food facilities if certain conditions are met.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
AB 226
Page 6
Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON HEALTH
Bonta, Chair
AB 226
(Atkins) – As Amended April 7, 2015
SUBJECT: Retail food safety: fishermen’s markets.
SUMMARY:
Defines and creates a framework for a "fishermen's market"
as a type of nonpermanent food facility that meets specific
requirements. Specifically, this bill:
Creates a fishermen's market as a type of nonpermanent food facility that:
Is operated by a California Department of Fish and Wildlife (DFW) licensed commercial fisherman or an entity representing California seafood producers;
Sells only raw fresh fish, raw edible aquatic plants, or fresh frozen fish, as defined, that is caught by DFW licensed commercial fishermen or harvested by a California registered aquaculturist; and,
Sells directly to consumers.
Establishes guidelines for a fishermen's market, including requirements that:
The fishermen's market must comply with various provisions of the California Retail Food Code (CRFC), as specified, including general provisions, contamination, sanitation, and plumbing, compliance and enforcement;
The fishermen's market must comply with additional handwashing, warewashing, food safety, and facilities requirements, as specified;
Fish sold in the fishermen's market must be caught legally by licensed commercial fishermen and that the license and contact information must be available upon request of the local enforcement agency;
The name of fisherman, vessel or farm, and acceptable fishermen's market name of the fish for sale must be displayed for customers to see. Defines acceptable fishermen's market name as a name recognized by the U.S. Food and Drug Administration (FDA) as a suitable "statement of identity," as defined;
Allows the fishermen's market to provide, under a separate health permit and applicable requirements, a service that fillets, cuts, or packages fish for customers; and
The fishermen's market must submit a permit application and site plan to the enforcement agency that includes a map of the fishermen's market, as specified, details of the food booth construction, policies, and procedures for, among other things, food handling, temperature control, cleaning, and sanitizing, as specified, and a list of names of participating fishermen or aquaculturists, and copies of their licenses or registrations.
EXISTING LAW:
Enacts regulation on fishing, including gear type, and provides for licensing requirements for specific types of fishing, under the jurisdiction of the DFW.
Establishes the CRFC, which establishes health and sanitation standards for retail food facilities, as defined. Makes the Department of Public Health responsible for the adoption of regulations to implement and administer CRFC and vests local enforcement agencies with primary responsibility for enforcement of CRFC.
Defines a food facility as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, on or off the premises, regardless of whether there is a charge, at the retail level. Food facilities include, but are not limited to, permanent and nonpermanent facilities, public and private school cafeterias, restricted food service facilities, licensed health care facilities, commissaries, mobile food facilities, mobile support units, temporary food facilities, vending machines, certified farmers’ markets (CFMs), and farm stands.
Allows California farmers to sell California grown fresh fruits, nuts, and vegetables that they produce directly to the public through CFMs under the Direct Marketing Law.
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.
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 CFMs where temporary or mobile food facilities are selling food).
Establishes food safety and sanitation requirements for CFMs governing food preparation, storage, and sampling, among other things. Prohibits food preparation at CFMs with the exception of food samples
FISCAL EFFECT:
This bill has not been analyzed by a fiscal committee.
COMMENTS:
PURPOSE OF THIS BILL. According to the author, this bill is necessary to allow California fisherman to organize and sell their wares in ways similar to popular and well-established CFMs. This bill is a result of a County of San Diego convened stakeholder group which developed recommendations for legislative changes to state law that would streamline the permitting process and allow for future growth of fishermen's markets. The author states that this bill will support increased access to fresh seafood and support the fishing industry in California by expanding the opportunities for the public to have direct access to fresh seafood and encouraging the availability of Fishermen's markets within the state.
BACKGROUND:
CERTIFIED FARMERS' MARKETS. Prior to 1977, regulations required farmers to properly pack, size, and label their fresh fruits, nuts, and vegetables in standard containers to transport and sell in markets anywhere other than the farm site. Following the enactment of the federal Farmer to Consumer Direct Marketing Act of 1976, California Department of Food and Agriculture enacted regulations that exempted farmers from packing, sizing and labeling requirements for fresh fruits, nuts, and vegetables and enabled them to sell products they grow at CFMs, provided they receive certification from the county agricultural commissioner. CFMs have become established in many California communities, as have other outlets for direct marketing, such as farm stands and community supported agriculture. There are roughly 800 farmers’ markets in California, a significant number of which operate year-round.
A CFM must have a certificate issued by the county agricultural commissioner authorizing it as a location where certified producers can sell their products directly to consumers, organizations, or entities that subsequently sell or distribute the products to end users. A CFM is also considered to be a food facility and must have a health permit issued by the local environmental health authority. It may be operated by one or more certified producers, by a non-profit organization, or by a local governmental agency. Each vendor selling certifiable agricultural products at the CFM must obtain a Certified Producer's Certificate, which allows them to sell fresh fruits, nuts, vegetables, shell eggs, honey, cut flowers, and nursery stock. These farmers must be certified and annually inspected by their local county agricultural commissioner to verify that all products are grown on the farmer’s property. A CFM may prepare market rules specifying the admission of producers, admission of agricultural products, and the removal of producers from the market. A CFM has the authority to establish rules regulating the type and number of producers, the type and number of agricultural products, and the selling methods. Aquacultured (farmed) fish grown in California-controlled waters (such as catfish, trout, and oysters) may be sold at a CFM as an "agricultural product," but ocean caught fish cannot be certified as such. Individual CFM managers may choose whether or not to additionally allow ocean fish and shellfish to be sold in a designated "nonagricultural product" area, which can also include other items such as bakery good and crafts.
TUNA HARBOR DOCKSIDE MARKET. The County of San Diego, as part of its Live Well San Diego initiative, supports improved access to and the promotion of the advantages of local, fresh food, including locally-caught fresh fish. As part of this effort, and in support of local fishermen, aquaculturists, and San Diego’s Blue Economy, the County of San Diego partnered with the San Diego Unified Port District to identify a location where commercial fishermen could sell locally-caught fresh fish directly to consumers. This resulted in the opening of the Tuna Harbor Dockside Fishermen’s Market in August of 2014.
The County of San Diego reviewed existing state law with a local stakeholder group including local fishermen, aquaculturists, the Port of San Diego, the National Marine Fisheries Service, the Maritime Alliance, University of California San Diego Scripps Institute of Oceanography, and others, and identified several issues that can be streamlined to better accommodate open air fresh catch Fishermen’s Markets. In the process of opening the Tuna Harbor Dockside Market, the County and stakeholders identified barriers and developed legislative proposals to address them.
THE FDA SEAFOOD LIST GUIDANCE ON NAMING. According to the FDA, the Federal Government has worked to provide consistent and scientifically sound recommendations to industry and consumers about acceptable market names for seafood sold in interstate commerce. This advice was consolidated in 1988 when The Fish List was first published by FDA in cooperation with the National Marine Fisheries Service to provide a source of names that would facilitate consistency and order in the U.S. marketplace and reduce confusion among consumers. In 1993, The Fish List was revised to include the acceptable market names for domestic and imported invertebrate species sold in interstate commerce, and renamed The Seafood List. The Seafood List assists manufacturers in properly labeling seafood and reflects the acceptable market names of new species introduced into the U.S. marketplace.
The use of acceptable market names is essential in the identification of seafood because of the exceptional number and variety of species represented by this unique category of foods. The unparalleled diversity in this category of similar foods means that very few species have just one nationally recognized, common or usual name that allows consumers to unambiguously identify a species in the marketplace. Typically, even the most popular and widely consumed species have acceptable market names that are shared with other species. For example, "salmon," "bass," "tuna," "cod," "halibut," and "snapper" are names commonly used to identify particular species of fish, but these are also names that are often used to represent a group of finfish species. When used as the market name, the group name may properly encompass and adequately identify for consumers any member of the group, but it does not provide enough information for a consumer to identify the specific species, if a consumer desires that level of specificity.
COMMERCIAL FISHING AND AQUACULTURE. Commercial fishing and aquaculture are governed by the Fish and Game Code and regulated by DFW. There are many different types of commercial fishing licenses, depending on various factors such as the type of vessel, type of catch, or location of catch. When fish are landed in California – unloaded onto a dock – state law requires preparation of a landing receipt that must include the location the fish was caught, among other things. A licensed commercial fisherman who has permits to fish in multiple states could catch fish in one state and land in another, which would be reflected in the landing receipt. State waters are limited to three miles off the coast, federal waters are from three-to-200 miles, and international waters are more than 200 miles off-shore. DFW has been delegated authority to manage many fisheries. For example, Dungeness crab caught outside three miles in federal waters would be handled just like fish caught in state waters. Commercial fishing entitlements are not required for aquaculturists, although they are required to register with DFW. Several types of commercial fish businesses, separate from commercial fishing, are licensed through DFW including fish importer, fish retailer, fish wholesaler, and others.
SUPPORT.
The San Diego Regional Chamber of Commerce, one of the cosponsors of this bill, states that this provides greater access to fresh seafood, financially support those who catch it, and allows the community to connect with the local fishing industry. Supporters of this bill state that it is necessary to address the gap in existing law and regulation by allowing commercial fishermen to organize under a single permit for fishermen’s markets in a style similar to CFMs. According to the Food & Beverage Association of San Diego, fishermen's markets allow local residents, for the first time in many years to choose their next meal from the fresh catch brought ashore by local fishermen and support the local fishing fleet.
RELATED LEGISLATION.
AB 143 (Wood) expands an exemption in the CRFC allowing wine tasting rooms that currently only serve crackers to also serve pretzels or prepackaged non-potentially hazardous foods. AB 143 is pending in this Committee.
AB 724 (Dodd) revises the definition of community event to include a district fair, and would require a temporary food facility to be granted a permit to operate at a community event if the enforcement agency makes a determination that the temporary food facility meets specified requirements, and requires the permit to be issued for the entire duration of the community event. AB 724 is pending in this Committee.
AB 820 (Stone) provides that it is unlawful to sell or offer for sale any fresh, frozen, or processed fish or shellfish intended for human consumption, without clearly identifying whether the fish was wild caught or farm raised. Prohibits a restaurant from knowingly misidentifying whether the fish was wild caught or farm raised. AB 820 is pending in Assembly Agriculture Committee.
AB 1076 (Mayes) exempts from the definition of a food facility, a snack bar operated by a charitable nonprofit organization and authorizes snack bars to undertake limited food preparation, as defined. AB 1076 is pending in this Committee.
PREVIOUS LEGISLATION.
AB 2539 (Ting), Chapter 907, Statutes of 2014, made various changes to the rules governing 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.
AB 593 (Strom-Martin), Chapter 833, Statutes of 1999, codifies regulations exempting direct marketers from specified packing and labeling standards, amends fee structures, and authorizes farmers’ markets to establish rules and procedures.
POLICY COMMENT. Consumers shopping at California CFMs have some assurance that the produce is grown in this state. Ocean caught fish are, by definition, not grown in California. Because of the popularity of CFMs, the consumer may have some expectation that they are buying at a fishermen's market is a "local" product. It is unclear whether this bill, as drafted, would allow globally imported fish to be sold at a fishermen's market. The author may wish to consider either excluding imported fish from the market or requiring disclosure from the vendor if imported fish is being sold.
TECHNICAL AMENDMENT. To correct a drafting error, the author would like to make the following change:
114378.3. (a) A permit application and site plan shall be submitted
to the enforcement agency at least two weeks prior to the operation
of a fishermen’s market. Only California-registered
licensed commercial fishermen, California-registered
aquaculturists, or an entity representing California seafood
producers may act as the responsible person and sole permitholder for
a fishermen’s market.
REGISTERED SUPPORT / OPPOSITION:
Support
San Diego County Board of Supervisors (co-sponsor)
San Diego
Regional Chamber of Commerce (co-sponsor)
Unified Port of San
Diego (co-sponsor)
California Association of Environmental
Health Administrators
California Aquaculture
Association
California Fisheries and Seafood
Institute
California Sea Grant College Program
City of San
Diego
Food & Beverage Association of San Diego
San
Diego Fishermen’s Working Group
San Diego Regional Chamber of
Commerce
Slow Food California
Opposition
None on file.
Analysis Prepared by:
Dharia McGrew / HEALTH / (916) 319-2097
Discussed in Hearing
1MIN
Assembly Floor
3MIN
Senate Floor
7MIN
Assembly Standing Committee on Health
Bill Author
