AB 2786: Certified mobile farmers’ markets.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-28
Current Status:
Passed
(2024-09-28: Chaptered by Secretary of State - Chapter 915, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill creates “certified mobile farmers markets” and requires their operators in California to register annually with the Department of Food and Agriculture and operate as permitted mobile food facilities. Markets must sell California-grown products from certified producers, keep itemized producer lists, follow food safety and labeling rules including clear organic signage, and operators selling others’ produce must be licensed as produce dealers. The department may charge an annual registration fee up to $200, and the bill directs the state to seek federal approval to allow certified mobile markets to participate in the WIC farmers market nutrition program.
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Existing law requires a certified farmers market operator to annually register with the Department of Food and Agriculture by applying for and obtaining a certificate from a county agricultural commissioner that is valid for up to 12 months from the date of issue. Existing law requires a producer, as defined, to register with the department by applying for and obtaining a certificate from the county agricultural commissioners office in the county in which the producers land or facility is located before selling at a certified farmers market. Existing law requires the county agricultural commissioner to issue to the producer a certified producers certificate upon approval of an application. Existing law makes it unlawful for a person or entity, or employee or agent of that person or entity, to make a statement, representation, or assertion relating to the sale or availability of agricultural products that is false, deceptive, or misleading, as specified, and makes a violation of those provisions a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $2,500, or both the fine and imprisonment.
This bill would require an operator of a certified mobile farmers market, as defined, to register annually with the department. The bill would require the operator of a certified mobile farmers market to sell or distribute agricultural products, as defined, produced by a California producer with a valid certified producers certificate, obtain from each producer an itemized list of all products, as specified, ensure that all processed agricultural products being sold comply with specified requirements, and ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic. The bill would make a person who makes false, deceptive, or misleading representations, relating to the sale or availability of agricultural products, subject to the penalties mentioned above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law requires a dealer, as defined, of any farm product to be licensed. Existing law makes it a misdemeanor for a person to, among other things, attempt to act or to act as a licensee or agent without a license.
This bill would require the operator of a certified mobile farmers market who is selling agricultural products not of their own production to be licensed as a produce dealer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law requires a registered California direct marketing producer to pay an annual registration fee of up to $100, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, which would be used by the department for the administration of direct marketing of agricultural products, as specified. Existing law requires the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions.
This bill would require a certified mobile farmers market to pay an annual registration fee of up to $200, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, and used by the department for the administration of the certified mobile farmers market registration program, as specified. The bill would require the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions. By requiring the transfer of moneys into a continuously appropriated fund, and by expanding the purposes for which continuously appropriated fund moneys may be used, the bill would make an appropriation.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for mobile food facilities and various types of food venues. Existing law authorizes local health agencies to be primarily responsible for enforcing the code, but requires the department to provide technical assistance, training, and standardization. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would require a certified mobile farmers market to be permitted and operated as a mobile food facility and would impose upon the certified mobile farmers market the uniform health and sanitation standards for mobile food facilities and general food safety requirements. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program.
Existing federal law, the WIC Farmers Market Nutrition Act of 1992, is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers markets, expand the awareness and use of certified farmers markets, and increase sales at those markets. Existing state law authorizes the State Department of Public Health to establish the California Special Supplemental Nutrition Food Program for Women, Infants, and Children (WIC Program) to implement the federal program.
This bill would require the department to include criteria in the next state plan submission to the United States Department of Agriculture to authorize certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program. If the state plan is approved, the bill would require the department to establish the criteria for authorization of certified mobile farmers markets to participate in the program, as specified.
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 no reimbursement is required by this act for a specified reason.
Existing law requires a certified farmers market operator to annually register with the Department of Food and Agriculture by applying for and obtaining a certificate from a county agricultural commissioner that is valid for up to 12 months from the date of issue. Existing law requires a producer, as defined, to register with the department by applying for and obtaining a certificate from the county agricultural commissioners office in the county in which the producers land or facility is located before selling at a certified farmers market. Existing law requires the county agricultural commissioner to issue to the producer a certified producers certificate upon approval of an application. Existing law makes it unlawful for a person or entity, or employee or agent of that person or entity, to make a statement, representation, or assertion relating to the sale or availability of agricultural products that is false, deceptive, or misleading, as specified, and makes a violation of those provisions a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $2,500, or both the fine and imprisonment.
This bill would require an operator of a certified mobile farmers market, as defined, to register annually with the department. The bill would require the operator of a certified mobile farmers market to sell or distribute agricultural products, as defined, produced by a California producer with a valid certified producers certificate, obtain from each producer an itemized list of all products, as specified, ensure that all processed agricultural products being sold comply with specified requirements, and ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic. The bill would make a person who makes false, deceptive, or misleading representations, relating to the sale or availability of agricultural products, subject to the penalties mentioned above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law requires a dealer, as defined, of any farm product to be licensed. Existing law makes it a misdemeanor for a person to, among other things, attempt to act or to act as a licensee or agent without a license.
This bill would require the operator of a certified mobile farmers market who is selling agricultural products not of their own production to be licensed as a produce dealer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law requires a registered California direct marketing producer to pay an annual registration fee of up to $100, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, which would be used by the department for the administration of direct marketing of agricultural products, as specified. Existing law requires the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions.
This bill would require a certified mobile farmers market to pay an annual registration fee of up to $200, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, and used by the department for the administration of the certified mobile farmers market registration program, as specified. The bill would require the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions. By requiring the transfer of moneys into a continuously appropriated fund, and by expanding the purposes for which continuously appropriated fund moneys may be used, the bill would make an appropriation.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for mobile food facilities and various types of food venues. Existing law authorizes local health agencies to be primarily responsible for enforcing the code, but requires the department to provide technical assistance, training, and standardization. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would require a certified mobile farmers market to be permitted and operated as a mobile food facility and would impose upon the certified mobile farmers market the uniform health and sanitation standards for mobile food facilities and general food safety requirements. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program.
Existing federal law, the WIC Farmers Market Nutrition Act of 1992, is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers markets, expand the awareness and use of certified farmers markets, and increase sales at those markets. Existing state law authorizes the State Department of Public Health to establish the California Special Supplemental Nutrition Food Program for Women, Infants, and Children (WIC Program) to implement the federal program.
This bill would require the department to include criteria in the next state plan submission to the United States Department of Agriculture to authorize certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program. If the state plan is approved, the bill would require the department to establish the criteria for authorization of certified mobile farmers markets to participate in the program, as specified.
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 no reimbursement is required by this act for a specified reason.
Existing law requires a certified farmers market operator to annually register with the Department of Food and Agriculture by applying for and obtaining a certificate from a county agricultural commissioner that is valid for up to 12 months from the date of issue. Existing law requires a producer, as defined, to register with the department by applying for and obtaining a certificate from the county agricultural commissioners office in the county in which the producers land or facility is located before selling at a certified farmers market. Existing law requires the county agricultural commissioner to issue to the producer a certified producers certificate upon approval of an application. Existing law makes it unlawful for a person or entity, or employee or agent of that person or entity, to make a statement, representation, or assertion relating to the sale or availability of agricultural products that is false, deceptive, or misleading, as specified, and makes a violation of those provisions a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $2,500, or both the fine and imprisonment.
This bill would require an operator of a certified mobile farmers market, as defined, to register annually with the department. The bill would require the operator of a certified mobile farmers market to sell or distribute agricultural products, as defined, produced by a California producer with a valid certified producers certificate, obtain from each producer an itemized list of all products, as specified, ensure that all processed agricultural products being sold comply with specified requirements, and ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic. The bill would make a person who makes false, deceptive, or misleading representations, relating to the sale or availability of agricultural products, subject to the penalties mentioned above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law requires a dealer, as defined, of any farm product to be licensed. Existing law makes it a misdemeanor for a person to, among other things, attempt to act or to act as a licensee or agent without a license.
This bill would require the operator of a certified mobile farmers market who is not selling agricultural products not of their own production to be licensed as a produce dealer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law requires a registered California direct marketing producer to pay an annual registration fee of up to $100, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, which would be used by the department for the administration of direct marketing of agricultural products, as specified. Existing law requires the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions.
This bill would require a certified mobile farmers market to pay an annual registration fee of up to $200, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, and used by the department for the administration of the certified mobile farmers market registration program, as specified. The bill would require the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions. By requiring the transfer of moneys into a continuously appropriated fund, and by expanding the purposes for which continuously appropriated fund moneys may be used, the bill would make an appropriation.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for mobile food facilities and various types of food venues. Existing law authorizes local health agencies to be primarily responsible for enforcing the code, but requires the department to provide technical assistance, training, and standardization. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would require a certified mobile farmers market to be permitted and operated as a mobile food facility and would impose upon the certified mobile farmers market the uniform health and sanitation standards for mobile food facilities and general food safety requirements. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program.
Existing federal law, the WIC Farmers Market Nutrition Act of 1992, is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers markets, expand the awareness and use of certified farmers markets, and increase sales at those markets. Existing state law authorizes the State Department of Public Health to establish the California Special Supplemental Nutrition Food Program for Women, Infants, and Children (WIC Program) to implement the federal program.
This bill would require the department to include criteria in the next state plan submission to the United States Department of Agriculture to authorize certified mobile farmers markets to participate in the WIC Farmers Farmers Market Nutrition Program. If the state plan is approved, the bill would require the department to establish the criteria for authorization of certified mobile farmers markets to participate in the program, as specified.
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 no reimbursement is required by this act for a specified reason.
Existing law requires a certified farmers market operator to annually register with the Department of Food and Agriculture by applying for and obtaining a certificate from a county agricultural commissioner that is valid for up to 12 months from the date of issue. Existing law requires a producer, as defined, to register with the department by applying for and obtaining a certificate from the county agricultural commissioners office in the county in which the producers land or facility is located before selling at a certified farmers market. Existing law requires the county agricultural commissioner to issue to the producer a certified producers certificate upon approval of an application. Existing law makes it unlawful for a person or entity, or employee or agent of that person or entity, to make a statement, representation, or assertion relating to the sale or availability of agricultural products that is false, deceptive, or misleading, as specified, and makes a violation of those provisions a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $2,500, or both the fine and imprisonment.
This bill would require an operator of a certified mobile farmers market, as defined, to register annually with the department. The bill would require the operator of a certified mobile farmers market to sell or distribute agricultural products, as defined, produced by a California producer with a valid certified producers certificate, obtain from each producer an itemized list of all products, as specified, ensure that all processed agricultural products being sold comply with specified requirements, and ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic. The bill would make a person who makes false, deceptive, or misleading representations, relating to the sale or availability of agricultural products, subject to the penalties mentioned above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law requires a dealer, as defined, of any farm product to be licensed. Existing law makes it a misdemeanor for a person to, among other things, attempt to act or to act as a licensee or agent without a license.
This bill would require the operator of a certified mobile farmers market who is not selling agricultural products of their own production to be licensed as a produce dealer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law requires a registered California direct marketing producer to pay an annual registration fee of up to $100, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, which would be used by the department for the administration of direct marketing of agricultural products, as specified. Existing law requires the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions.
This bill would require a certified mobile farmers market to pay an annual registration fee of up to $200, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, and used by the department for the administration of the certified mobile farmers market registration program, as specified. The bill would require the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions. By requiring the transfer of moneys into a continuously appropriated fund, and by expanding the purposes for which continuously appropriated fund moneys may be used, the bill would make an appropriation.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for mobile food facilities and various types of food venues. Existing law authorizes local health agencies to be primarily responsible for enforcing the code, but requires the department to provide technical assistance, training, and standardization. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would require a certified mobile farmers market to be permitted and operated as a mobile food facility and would impose upon the certified mobile farmers market the uniform health and sanitation standards for mobile food facilities and general food safety requirements. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program.
Existing federal law, the WIC Farmers Market Nutrition Act of 1992, is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers markets, expand the awareness and use of certified farmers markets, and increase sales at those markets. Existing state law authorizes the State Department of Public Health to establish the California Special Supplemental Nutrition Food Program for Women, Infants, and Children (WIC Program) to implement the federal program.
This bill would require the department to include criteria in the next state plan submission to the United States Department of Agriculture to authorize certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program. If the state plan is approved, the bill would require the department to authorize establish the criteria for authorization of certified mobile farmers markets to participate in the program, and would require certified mobile farmers markets to, among other things, sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a certified producers certificate, as specified.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for mobile food facilities and various types of food venues. Existing law authorizes local health agencies to be primarily responsible for enforcing the code, but requires the department to provide technical assistance, training, and standardization. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.This bill would require a certified mobile farmers market to be registered as a mobile food facility and impose upon the certified mobile farmers market the uniform health and sanitation standards for mobile food facilities and general food safety requirements. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program.Existing law requires a dealer of any farm product to be licensed. Existing law defines a dealer as a person who obtains title to, possession, control, or delivery of any farm product from a licensee or producer at a designated price for the purpose of resale, or who buys or agrees to buy any farm product from a licensee or the producer of the farm product at a designated price. Existing law makes it a misdemeanor for a person to, among other things, attempt to act or to act as a licensee or agent without a license.This bill would require the operator of a certified mobile farmers market to be licensed as a produce dealer. By expanding the scope of an existing crime, this 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 no reimbursement is required by this act for a specified reason.
Existing federal law, the WIC Farmers Market Nutrition Act of 1992, is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers markets, expand the awareness and use of certified farmers markets, and increase sales at those markets. Existing state law authorizes the State Department of Public Health to establish the California Special Supplemental Nutrition Food Program for Women, Infants, and Children (WIC Program) to implement the federal program.
This bill would require the department to include criteria in the next state plan submission to the United States Department of Agriculture to authorize certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program. If the state plan is approved, the bill would require the department to authorize certified mobile farmers markets to participate in the program, and would require certified mobile farmers markets to, among other things, sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a certified producers certificate, as specified.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for mobile food facilities and various types of food venues. Existing law authorizes local health agencies to be primarily responsible for enforcing the code, but requires the department to provide technical assistance, training, and standardization. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would revise the California Retail Food Code to include a require a certified mobile farmers market to be registered as a mobile food facility and impose upon the certified mobile farmers market the uniform health and sanitation standards for mobile food facilities and general food safety requirements. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program.
Existing law requires a dealer of any farm product to be licensed. Existing law defines a dealer as a person who obtains title to, possession, control, or delivery of any farm product from a licensee or producer at a designated price for the purpose of resale, or who buys or agrees to buy any farm product from a licensee or the producer of the farm product at a designated price. Existing law makes it a misdemeanor for a person to, among other things, attempt to act or to act as a licensee or agent without a license.
This bill would require the operator of a certified mobile farmers market to be licensed as a produce dealer. By expanding the scope of an existing crime, this 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 no reimbursement is required by this act for a specified reason.
Existing federal law, the WIC Farmers Market Nutrition Act of 1992, is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers markets, expand the awareness and use of certified farmers markets, and increase sales at those markets. Existing state law authorizes the State Department of Public Health to establish the California Special Supplemental Nutrition Food Program for Women, Infants, and Children (WIC Program) to implement the federal program.
This bill would require the department to include criteria in the next state plan submission to the United States Department of Agriculture to authorize certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program. If the state plan is approved, the bill would require the department to authorize certified mobile farmers markets to participate in the program, and would require certified mobile farmers markets to, among other things, sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a certified producers certificate, as specified.
(1)ExistingExisting law, the California Retail Food Code, establishes uniform health and sanitation standards for mobile food facilities and various types of food venues. Existing law authorizes local health agencies to be primarily responsible for enforcing the code, but requires the State Department of Public Health department to provide technical assistance, training, and standardization. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would revise the California Retail Food Code to include a certified mobile farmers market, as defined, market and impose upon the certified mobile farmers market the uniform health and sanitation standards for mobile food facilities and general food safety requirements. The bill would authorize mobile farmers markets to sell or provide a variety of foods, including shell eggs, honey, and refrigerated fresh meats. The bill would authorize a mobile farmers market to be operated by a third party, including a nonprofit organization incorporated in California that buys, aggregates, sells, or distributes foods grown by local farmers. The bill would also require that agricultural products sold by the mobile farmers market be grown or produced by local farmers, with an emphasis on small- and medium-sized farms, socially disadvantaged farmers or ranchers, as defined, and food grown using regenerative, organic, or other climate-smart practices. The bill would also require packaged agricultural products to be labeled with the name and address of the farm of origin. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program.
(2) Existing law, the California Special Supplemental Nutrition Food Program for Women, Infants, and Children (WIC Program), authorizes establishment of a statewide program, administered by the State Department of Public Health, for providing nutritional food supplements to low-income pregnant women, low-income postpartum and lactating women, and low-income infants and children under 5 years of age, who have been determined to be at nutritional risk. Existing law requires the department, in order to effectively manage and administer the federal and state requirements for the vendors in the WIC Program, to establish criteria used for vendor authorization.This bill would require the department to establish criteria for the authorization of mobile farmers markets when establishing criteria for vendor authorization.(3)TheThe 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 no reimbursement is required by this act for a specified reason.
(1)Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for mobile food facilities and various types of food venues. Existing law authorizes local health agencies to be primarily responsible for enforcing the code, but requires the State Department of Public Health to provide technical assistance, training, and standardization. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would revise the California Retail Food Code to include a mobile farmers market, as defined, and impose upon the mobile farmers market the uniform health and sanitation standards for mobile food facilities and general food safety requirements. The bill would authorize mobile farmers markets to sell or provide a variety of foods, including shell eggs, honey, and refrigerated fresh meats. The bill would authorize a mobile farmers market to be operated by a third party, including a nonprofit organization incorporated in California that buys, aggregates, sells, or distributes foods grown by local farmers. The bill would also require that agricultural products sold by the mobile farmers market be grown or produced by local farmers, with an emphasis on small- and medium-sized farms, socially disadvantaged farmers or ranchers, as defined, and food grown using regenerative, organic, or other climate-smart practices. The bill would also require packaged agricultural products to be labeled with the name and address of the farm of origin. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program.
(2) Existing law, the California Special Supplemental Nutrition Food Program for Women, Infants, and Children (WIC Program), authorizes establishment of a statewide program, administered by the State Department of Public Health, for providing nutritional food supplements to low-income pregnant women, low-income postpartum and lactating women, and low-income infants and children under 5 years of age, who have been determined to be at nutritional risk. Existing law requires the department, in order to effectively manage and administer the federal and state requirements for the vendors in the WIC Program, to establish criteria used for vendor authorization.
This bill would require the department to establish criteria for the authorization of mobile farmers markets when establishing criteria for vendor authorization.
(3)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 no reimbursement is required by this act for a specified reason.
It is the intent of the Legislature that certified mobile farmers markets provide accessibility to foods that are grown, harvested, and produced in California by reaching residents in communities that have limited access to nutritious foods, supermarkets, and grocery stores, including communities in rural, underserved, and tribal areas.
SEC. 2.Article 1.6 (commencing with Section 47007) is added to Chapter 10.5 of Division 17 of the Food and Agricultural Code, to read:1.6.Certified Mobile Farmers Markets47007.(a)A certified mobile farmers market means a mobile food facility, as defined in Section 113831 of the Health and Safety Code, that moves to various California agricultural product point-of-sale locations at predetermined and regular intervals operated by a California producer, a local government agency, or a nonprofit organization that is incorporated in California, upon which agricultural products are sold or distributed at retail directly to communities, and is registered under the provisions of Section 47008 and operated in accordance with this chapter and regulations adopted pursuant to this chapter.
(b)Certified mobile farmers market operators shall comply with all of the following:
(1)Sell or distribute agricultural products, as defined in paragraph (1) of subdivision (a) of Section 47000.5, produced by a California producer with a valid certified producers certificate.
(2)Obtain from each producer an itemized list of all products purchased in accordance with subdivision (e) of Section 47002.
(3)Ensure that all processed agricultural products being sold comply with the requirements set forth in Section 113735 of the Health and Safety Code, and the applicable provisions of Section 110460, 114365, or 114365.2 of the Health and Safety Code.
(4)Comply with all labeling and identification requirements for shell eggs and processed foods imposed pursuant to the provisions of the Health and Safety Code, including, but not limited to, the farms name, physical address, and telephone number.
(5)Ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic.
(c)The representations required pursuant to subdivision (b) shall be subject to the provisions and penalties specified in Section 890.
(d)This article shall not be construed to remove the responsibility of a certified mobile farmers market from obtaining all required permits, registrations, certificates, and licenses, including, but not limited to, a produce dealer license, a mobile food facility permit, a processed food permit, a cannery license, a shellfish handling and marketing certificate, an organic processed product registration, or any other requirement from the State Department of Public Health or local jurisdiction, or from complying with the requirements of the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code) and local jurisdictions, including payment of all applicable fees.
47008.An operator of a certified mobile farmers market shall register annually with the department as a certified mobile farmers market, which shall include all of the following:
(a)A statement specifying the location from where the agricultural products are sourced, including a certified farmers market or a certified producer with a valid certified producers certificate.
(b)A schedule of point-of-sale locations and expected sales intervals.
(c)All other required permitting related to the mobile food facility.
47009.(a)The fee for, or the fee for amendment to, the annual registration of a certified mobile farmers market shall be set by regulation enacted by the secretary that is reflective of the actual cost of the processing of registration or amendment to the registration, but in no event shall either fee exceed two hundred dollars ($200) annually.
(b)Fees collected pursuant to this article shall be deposited in the Department of Food and Agriculture Fund and shall be used by the department for the administration of this article.
(c)The adoption, amendment, or repeal of any fee pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal regulations concerning the fee pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following:
(1)Indicate that the regulations are adopted, amended, or repealed pursuant to this chapter.
(2)State that the order is being transmitted for filing.
(3)Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations.
SEC. 3.Section 113743 is added to the Health and Safety Code, to read:113743.Certified mobile farmers market means a mobile food facility, as defined in Section 113831, that sells agricultural products, as defined in paragraph (1) of subdivision (a) of Section 47000.5 of the Food and Agricultural Code, prepackaged nonpotentially hazardous foods, cottage food products, processed foods, or a combination thereof, and meets all of the requirements set forth in Section 123279.1.
SEC. 4.Section 114295 of the Health and Safety Code is amended to read:114295.(a)Except as specified in subdivision (b), all mobile food facilities shall operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency.
(b)(1)This section does not apply to mobile food facilities that operate at community events as defined in Section 113755 and that remain in a fixed position during food preparation and its hours of operation, if potable water and liquid waste disposal facilities are available to mobile food facilities requiring potable water.
(2)This section does not apply to mobile food facilities that are certified mobile farmers markets, as defined in Section 113743, that only sell whole fruit and vegetables, cottage food products, and prepackaged nonpotentially hazardous foods.
(c)Mobile food facilities shall be stored at or within a commissary or other location approved by the enforcement agency in order to have protection from unsanitary conditions.
(d)Mobile support units shall be operated from and stored at a designated commissary and shall be subject to permitting and plan review.
(e)Notwithstanding any other provisions of this section, a mobile food facility that is engaged in food preparation, other than limited food preparation, as defined in Section 113818, shall not operate in conjunction with a mobile support unit.
SEC. 5.Section 123279 of the Health and Safety Code is amended to read:123279.(a)It is the intent of the Legislature in adding this section to authorize the establishment of a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992 (Public Law 102-314), which is designed to accomplish the following:
(1)Provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers markets, including certified mobile farmers markets.
(2)Expand the awareness and use of certified farmers markets, including certified mobile farmers markets, and increase sales at those markets.
(b)The department may establish a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992.
(c)If the program is established, the department shall develop criteria to permit any producer authorized by the department to participate in the program to sell fresh nutritious foods to recipients in exchange for nutrition coupons.
(d)If the program is established, the department shall authorize local agencies to distribute nutrition coupons to all recipients, as defined by subdivision (c) of Section 123285 of the Health and Safety Code.
(e)If the program is established, the department shall design the nutrition coupon issuance process to ensure that nutrition coupons are bearer-only, nonnegotiable, and nontransferable by the recipient and that they may be redeemed by recipients only to purchase fresh produce and redeemed for reimbursement only by authorized producers.
(f)It is the intent of the Legislature that the program established by this section to implement the federal WIC Farmers Market Nutrition Act of 1992 (Public Law 102-314) be funded 70 percent by federal funds and 30 percent by private or other funds, as specified by the federal act.
SEC. 6.Section 123279.1 is added to the Health and Safety Code, to read:123279.1.(a)For the purposes of this article, a certified mobile farmers market has the same meaning as defined in Section 113743, subject to paragraph (2) of subdivision (b) of Section 114295.
(b)A certified mobile farmers market shall meet all of the following requirements:
(1)The certified mobile farmers market shall be permitted and operated as a mobile food facility under the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104) and regulations adopted pursuant to that part.
(2)The mobile food facility shall be registered with the Department of Food and Agriculture as a certified mobile farmers market and comply with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter.
(3)An operator of a certified mobile farmers market selling agricultural products not of their own production shall be licensed as a produce dealer pursuant to Article 1 (commencing with Section 56101) of Chapter 7 of Division 20 of the Food and Agricultural Code.
(4)The certified mobile farmers market shall sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a valid certified producers certificate pursuant to Article 3 (commencing with Section 47020) of Chapter 10.5 of Division 17 of the Food and Agricultural Code.
(5)The certified mobile farmers market shall be operated by either a California producer, a local government agency, or a nonprofit organization that is incorporated in California.
(c)Following the enactment of this section, at the time of the next state plan submission to the Food and Nutrition Service of the United States Department of Agriculture pursuant to Section 248.4 of Title 7 of the Code of Federal Regulations, the State Department of Public Health shall include criteria to authorize certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program.
(d)(1)If the state plan is approved as described in subdivision (c), the department shall establish the criteria for authorization of certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program in California, consistent with this article and federal requirements set forth in Part 248 (commencing with Section 248.1) of Title 7 of the Code of Federal Regulations.
(2)This subdivision shall be implemented only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.
It is the intent of the Legislature that certified mobile farmers markets provide accessibility to foods that are grown, harvested, and produced in California by reaching residents in communities that have limited access to nutritious foods, supermarkets, and grocery stores, including communities in rural, underserved, and tribal areas.
SEC. 2.Article 1.6 (commencing with Section 47007) is added to Chapter 10.5 of Division 17 of the Food and Agricultural Code, to read:1.6.Certified Mobile Farmers Markets47007.(a)A certified mobile farmers market means a mobile food facility, as defined in Section 113831 of the Health and Safety Code, that moves to various California agricultural product point-of-sale locations at predetermined and regular intervals operated by a California producer, a local government agency, or a nonprofit organization that is incorporated in California, upon which agricultural products are sold or distributed at retail directly to communities, and is registered under the provisions of Section 47008 and operated in accordance with this chapter and regulations adopted pursuant to this chapter.
(b)Certified mobile farmers market operators shall comply with all of the following:
(1)Sell or distribute agricultural products, as defined in paragraph (1) of subdivision (a) of Section 47000.5, produced by a California producer with a valid certified producers certificate.
(2)Obtain from each producer an itemized list of all products purchased in accordance with subdivision (e) of Section 47002.
(3)Ensure that all processed agricultural products being sold comply with the requirements set forth in Section 113735 of the Health and Safety Code, and the applicable provisions of Section 110460, 114365, or 114365.2 of the Health and Safety Code.
(4)Comply with all labeling and identification requirements for shell eggs and processed foods imposed pursuant to the provisions of the Health and Safety Code, including, but not limited to, the farms name, physical address, and telephone number.
(5)Ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic.
(c)The representations required pursuant to subdivision (b) shall be subject to the provisions and penalties specified in Section 890.
(d)This article shall not be construed to remove the responsibility of a certified mobile farmers market from obtaining all required permits, registrations, certificates, and licenses, including, but not limited to, a produce dealer license, a mobile food facility permit, a processed food permit, a cannery license, a shellfish handling and marketing certificate, an organic processed product registration, or any other requirement from the State Department of Public Health or local jurisdiction, or from complying with the requirements of the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code) and local jurisdictions, including payment of all applicable fees.
47008.An operator of a certified mobile farmers market shall register annually with the department as a certified mobile farmers market, which shall include all of the following:
(a)A statement specifying the location from where the agricultural products are sourced, including a certified farmers market or a certified producer with a valid certified producers certificate.
(b)A schedule of point-of-sale locations and expected sales intervals.
(c)All other required permitting related to the mobile food facility.
47009.(a)The fee for, or the fee for amendment to, the annual registration of a certified mobile farmers market shall be set by regulation enacted by the secretary that is reflective of the actual cost of the processing of registration or amendment to the registration, but in no event shall either fee exceed two hundred dollars ($200) annually.
(b)Fees collected pursuant to this article shall be deposited in the Department of Food and Agriculture Fund and shall be used by the department for the administration of this article.
(c)The adoption, amendment, or repeal of any fee pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal regulations concerning the fee pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following:
(1)Indicate that the regulations are adopted, amended, or repealed pursuant to this chapter.
(2)State that the order is being transmitted for filing.
(3)Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations.
SEC. 3.Section 113743 is added to the Health and Safety Code, to read:113743.Certified mobile farmers market means a mobile food facility, as defined in Section 113831, that sells agricultural products, as defined in paragraph (1) of subdivision (a) of Section 47000.5 of the Food and Agricultural Code, prepackaged nonpotentially hazardous foods, cottage food products, processed foods, or a combination thereof, and meets all of the requirements set forth in Section 123279.1.
SEC. 4.Section 114295 of the Health and Safety Code is amended to read:114295.(a)Except as specified in subdivision (b), all mobile food facilities shall operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency.
(b)(1)This section does not apply to mobile food facilities that operate at community events as defined in Section 113755 and that remain in a fixed position during food preparation and its hours of operation, if potable water and liquid waste disposal facilities are available to mobile food facilities requiring potable water.
(2)This section does not apply to mobile food facilities that are certified mobile farmers markets, as defined in Section 113743, that only sell whole fruit and vegetables, cottage food products, and prepackaged nonpotentially hazardous foods.
(c)Mobile food facilities shall be stored at or within a commissary or other location approved by the enforcement agency in order to have protection from unsanitary conditions.
(d)Mobile support units shall be operated from and stored at a designated commissary and shall be subject to permitting and plan review.
(e)Notwithstanding any other provisions of this section, a mobile food facility that is engaged in food preparation, other than limited food preparation, as defined in Section 113818, shall not operate in conjunction with a mobile support unit.
SEC. 5.Section 123279 of the Health and Safety Code is amended to read:123279.(a)It is the intent of the Legislature in adding this section to authorize the establishment of a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992 (Public Law 102-314), which is designed to accomplish the following:
(1)Provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers markets, including certified mobile farmers markets.
(2)Expand the awareness and use of certified farmers markets, including certified mobile farmers markets, and increase sales at those markets.
(b)The department may establish a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992.
(c)If the program is established, the department shall develop criteria to permit any producer authorized by the department to participate in the program to sell fresh nutritious foods to recipients in exchange for nutrition coupons.
(d)If the program is established, the department shall authorize local agencies to distribute nutrition coupons to all recipients, as defined by subdivision (c) of Section 123285 of the Health and Safety Code.
(e)If the program is established, the department shall design the nutrition coupon issuance process to ensure that nutrition coupons are bearer-only, nonnegotiable, and nontransferable by the recipient and that they may be redeemed by recipients only to purchase fresh produce and redeemed for reimbursement only by authorized producers.
(f)It is the intent of the Legislature that the program established by this section to implement the federal WIC Farmers Market Nutrition Act of 1992 (Public Law 102-314) be funded 70 percent by federal funds and 30 percent by private or other funds, as specified by the federal act.
SEC. 6.Section 123279.1 is added to the Health and Safety Code, to read:123279.1.(a)For the purposes of this article, a certified mobile farmers market has the same meaning as defined in Section 113743, subject to paragraph (2) of subdivision (b) of Section 114295.
(b)A certified mobile farmers market shall meet all of the following requirements:
(1)The certified mobile farmers market shall be permitted and operated as a mobile food facility under the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104) and regulations adopted pursuant to that part.
(2)The mobile food facility shall be registered with the Department of Food and Agriculture as a certified mobile farmers market and comply with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter.
(3)An operator of a certified mobile farmers market selling agricultural products not of their own production shall be licensed as a produce dealer pursuant to Article 1 (commencing with Section 56101) of Chapter 7 of Division 20 of the Food and Agricultural Code.
(4)The certified mobile farmers market shall sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a valid certified producers certificate pursuant to Article 3 (commencing with Section 47020) of Chapter 10.5 of Division 17 of the Food and Agricultural Code.
(5)The certified mobile farmers market shall be operated by either a California producer, a local government agency, or a nonprofit organization that is incorporated in California.
(c)Following the enactment of this section, at the time of the next state plan submission to the Food and Nutrition Service of the United States Department of Agriculture pursuant to Section 248.4 of Title 7 of the Code of Federal Regulations, the State Department of Public Health shall include criteria to authorize certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program.
(d)(1)If the state plan is approved as described in subdivision (c), the department shall establish the criteria for authorization of certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program in California, consistent with this article and federal requirements set forth in Part 248 (commencing with Section 248.1) of Title 7 of the Code of Federal Regulations.
(2)This subdivision shall be implemented only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.
It is the intent of the Legislature that certified mobile farmers markets provide accessibility to foods that are grown, harvested, and produced in California by reaching residents in communities that have limited access to nutritious foods, supermarkets, and grocery stores, including communities in rural, underserved, and tribal areas.
SEC. 2.Article 1.6 (commencing with Section 47007) is added to Chapter 10.5 of Division 17 of the Food and Agricultural Code, to read:1.6.Certified Mobile Farmers Markets47007.(a)A certified mobile farmers market means a mobile food facility, as defined in Section 113831 of the Health and Safety Code, that moves to various California agricultural product point-of-sale locations at predetermined and regular intervals operated by a California producer, a local government agency, or a nonprofit organization that is incorporated in California, upon which agricultural products are sold or distributed at retail directly to communities, and is registered under the provisions of Section 47008 and operated in accordance with this chapter and regulations adopted pursuant to this chapter.
(b)Certified mobile farmers market operators shall comply with all of the following:
(1)Sell or distribute agricultural products, as defined in paragraph (1) of subdivision (a) of Section 47000.5, produced by a California producer with a valid certified producers certificate.
(2)Obtain from each producer an itemized list of all products purchased in accordance with subdivision (e) of Section 47002.
(3)Ensure that all processed agricultural products being sold comply with the requirements set forth in Section 113735 of the Health and Safety Code, and the applicable provisions of Section 110460, 114365, or 114365.2 of the Health and Safety Code.
(4)Comply with all labeling and identification requirements for shell eggs and processed foods imposed pursuant to the provisions of the Health and Safety Code, including, but not limited to, the farms name, physical address, and telephone number.
(5)Ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic.
(c)The representations required pursuant to subdivision (b) shall be subject to the provisions and penalties specified in Section 890.
(d)This article shall not be construed to remove the responsibility of a certified mobile farmers market from obtaining all required permits, registrations, certificates, and licenses, including, but not limited to, a produce dealer license, a mobile food facility permit, a processed food permit, a cannery license, a shellfish handling and marketing certificate, an organic processed product registration, or any other requirement from the State Department of Public Health or local jurisdiction, or from complying with the requirements of the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code) and local jurisdictions, including payment of all applicable fees.
47008.An operator of a certified mobile farmers market shall register annually with the department as a certified mobile farmers market, which shall include all of the following:
(a)A statement specifying the location from where the agricultural products are sourced, including a certified farmers market or a certified producer with a valid certified producers certificate.
(b)A schedule of point-of-sale locations and expected sales intervals.
(c)All other required permitting related to the mobile food facility.
47009.(a)The fee for, or the fee for amendment to, the annual registration of a certified mobile farmers market shall be set by regulation enacted by the secretary that is reflective of the actual cost of the processing of registration or amendment to the registration, but in no event shall either fee exceed two hundred dollars ($200) annually.
(b)Fees collected pursuant to this article shall be deposited in the Department of Food and Agriculture Fund and shall be used by the department for the administration of this article.
(c)The adoption, amendment, or repeal of any fee pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal regulations concerning the fee pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following:
(1)Indicate that the regulations are adopted, amended, or repealed pursuant to this chapter.
(2)State that the order is being transmitted for filing.
(3)Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations.
SEC. 3.Section 113743 is added to the Health and Safety Code, to read:113743.Certified mobile farmers market means a mobile food facility, as defined in Section 113831, that sells agricultural products, as defined in paragraph (1) of subdivision (a) of Section 47000.5 of the Food and Agricultural Code, prepackaged nonpotentially hazardous foods, cottage food products, processed foods, or a combination thereof, and meets all of the requirements set forth in Section 123279.1.
SEC. 4.Section 114295 of the Health and Safety Code is amended to read:114295.(a)Except as specified in subdivision (b), all mobile food facilities shall operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency.
(b)(1)This section does not apply to mobile food facilities that operate at community events as defined in Section 113755 and that remain in a fixed position during food preparation and its hours of operation, if potable water and liquid waste disposal facilities are available to mobile food facilities requiring potable water.
(2)This section does not apply to mobile food facilities that are certified mobile farmers markets, as defined in Section 113743, that only sell whole fruit and vegetables, cottage food products, and prepackaged nonpotentially hazardous foods.
(c)Mobile food facilities shall be stored at or within a commissary or other location approved by the enforcement agency in order to have protection from unsanitary conditions.
(d)Mobile support units shall be operated from and stored at a designated commissary and shall be subject to permitting and plan review.
(e)Notwithstanding any other provisions of this section, a mobile food facility that is engaged in food preparation, other than limited food preparation, as defined in Section 113818, shall not operate in conjunction with a mobile support unit.
SEC. 5.Section 123279 of the Health and Safety Code is amended to read:123279.(a)It is the intent of the Legislature in adding this section to authorize the establishment of a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992 (Public Law 102-314), which is designed to accomplish the following:
(1)Provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers markets, including certified mobile farmers markets.
(2)Expand the awareness and use of certified farmers markets, including certified mobile farmers markets, and increase sales at those markets.
(b)The department may establish a program designed to implement the federal WIC Farmers Farmers Market Nutrition Act of 1992.
(c)If the program is established, the department shall develop criteria to permit any producer authorized by the department to participate in the program to sell fresh nutritious foods to recipients in exchange for nutrition coupons.
(d)If the program is established, the department shall authorize local agencies to distribute nutrition coupons to all recipients, as defined by subdivision (c) of Section 123285 of the Health and Safety Code.
(e)If the program is established, the department shall design the nutrition coupon issuance process to ensure that nutrition coupons are bearer-only, nonnegotiable, and nontransferable by the recipient and that they may be redeemed by recipients only to purchase fresh produce and redeemed for reimbursement only by authorized producers.
(f)It is the intent of the Legislature that the program established by this section to implement the federal WIC Farmers Market Nutrition Act of 1992 (Public Law 102-314) be funded 70 percent by federal funds and 30 percent by private or other funds, as specified by the federal act.
SEC. 6.Section 123279.1 is added to the Health and Safety Code, to read:123279.1.(a)For the purposes of this article, a certified mobile farmers market has the same meaning as Section 113743. defined in Section 113743, subject to paragraph (2) of subdivision (b) of Section 114295.
(b)A certified mobile farmers market shall meet all of the following requirements:
(1)The certified mobile farmers market shall be permitted and operated as a mobile food facility under the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104) and regulations adopted pursuant to that part.
(2)The mobile food facility shall be registered with the Department of Food and Agriculture as a certified mobile farmers market and comply with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter.
(3)An operator of a certified mobile farmers market not selling agricultural products not of their own production shall be licensed as a produce dealer pursuant to Article 1 (commencing with Section 56101) of Chapter 7 of Division 20 of the Food and Agricultural Code.
(4)The certified mobile farmers market shall sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a valid certified producers certificate pursuant to Article 3 (commencing with Section 47020) of Chapter 10.5 of Division 17 of the Food and Agricultural Code.
(5)The certified mobile farmers market shall be operated by either a California producer, a local government agency, or a nonprofit organization that is incorporated in California.
(c)Following the enactment of this section, at the time of the next state plan submission to the Food and Nutrition Service of the United States Department of Agriculture pursuant to Section 248.4 of Title 7 of the Code of Federal Regulations, the State Department of Public Health shall include criteria to authorize certified mobile farmers markets to participate in the WIC Farmers Farmers Market Nutrition Program.
(d)(1)If the state plan is approved as described in subdivision (c), the department shall establish the criteria for authorization of certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program in California, consistent with this article and federal requirements set forth in Part 248 (commencing with Section 248.1) of Title 7 of the Code of Federal Regulations.
(2)This subdivision shall be implemented only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.
It is the intent of the Legislature that certified mobile farmers markets provide accessibility to foods that are grown, harvested, and produced in California by reaching residents in communities that have limited access to nutritious foods, supermarkets, and grocery stores, including communities in rural, underserved, and tribal areas.
SEC. 2.Article 1.6 (commencing with Section 47007) is added to Chapter 10.5 of Division 17 of the Food and Agricultural Code, to read:1.6.Certified Mobile Farmers Markets47007.(a)A certified mobile farmers market means a mobile food facility, as defined in Section 113831 of the Health and Safety Code, that moves to various California agricultural product point-of-sale locations at predetermined and regular intervals operated by a California producer, a local government agency, or a nonprofit organization that is incorporated in California, upon which agricultural products are sold or distributed at retail directly to communities, and is registered under the provisions of Section 47008 and operated in accordance with this chapter and regulations adopted pursuant to this chapter.
(b)Certified mobile farmers market operators shall comply with all of the following:
(1)Sell or distribute agricultural products, as defined in paragraph (1) of subdivision (a) of Section 47000.5, produced by a California producer with a valid certified producers certificate.
(2)Obtain from each producer an itemized list of all products purchased in accordance with subdivision (e) of Section 47002.
(3)Ensure that all processed agricultural products being sold comply with the requirements set forth in Section 113735 of the Health and Safety Code, and the applicable provisions of Section 110460, 114365, or 114365.2 of the Health and Safety Code.
(4)Comply with all labeling and identification requirements for shell eggs and processed foods imposed pursuant to the provisions of the Health and Safety Code, including, but not limited to, the farms name, physical address, and telephone number.
(5)Ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic.
(c)The representations required pursuant to subdivision (b) shall be subject to the provisions and penalties specified in Section 890.
(d)This article shall not be construed to remove the responsibility of a certified mobile farmers market from obtaining all required permits, registrations, certificates, and licenses, including, but not limited to, a produce dealer license, a mobile food facility permit, a processed food permit, a cannery license, a shellfish handling and marketing certificate, an organic processed product registration, or any other requirement from the State Department of Public Health or local jurisdiction, or from complying with the requirements of the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code) and local jurisdictions, including payment of all applicable fees.
47008.An operator of a certified mobile farmers market shall register annually with the department as a certified mobile farmers market, which shall include all of the following:
(a)A statement specifying the location from where the agricultural products are sourced, including a certified farmers market or a certified producer with a valid certified producers certificate.
(b)A schedule of point-of-sale locations and expected sales intervals.
(c)All other required permitting related to the mobile food facility.
47009.(a)The fee for, or the fee for amendment to, the annual registration of a certified mobile farmers market shall be set by regulation enacted by the secretary that is reflective of the actual cost of the processing of registration or amendment to the registration, but in no event shall either fee exceed two hundred dollars ($200) annually.
(b)Fees collected pursuant to this article shall be deposited in the Department of Food and Agriculture Fund and shall be used by the department for the administration of this article.
(c)The adoption, amendment, or repeal of any fee pursuant to this section shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An order to adopt, amend, or repeal regulations concerning the fee pursuant to this section shall be transmitted within 30 days by the secretary to the Office of Administrative Law. The Office of Administrative Law shall file the order promptly with the Secretary of State without further review pursuant to Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The order shall do all of the following:
(1)Indicate that the regulations are adopted, amended, or repealed pursuant to this chapter.
(2)State that the order is being transmitted for filing.
(3)Request that the Office of Administrative Law publish a notice of the filing of the order and print an appropriate reference in Title 3 of the California Code of Regulations.
SEC. 3.Section 113743 is added to the Health and Safety Code, to read:113743.Certified mobile farmers market means a mobile food facility, as defined in Section 113831, that sells agricultural products, as defined in paragraph (1) of subdivision (a) of Section 47000.5 of the Food and Agricultural Code, prepackaged nonpotentially hazardous foods, cottage food products, processed foods, or a combination thereof, and meets all of the requirements set forth in Section 123279.1.
SEC. 4.Section 114295 of the Health and Safety Code is amended to read:114295.(a)Except as specified in subdivision (b), all mobile food facilities shall operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency.
(b)(1)This section does not apply to mobile food facilities that operate at community events as defined in Section 113755 and that remain in a fixed position during food preparation and its hours of operation, if potable water and liquid waste disposal facilities are available to mobile food facilities requiring potable water.
(2)This section does not apply to mobile food facilities that are certified mobile farmers markets, as defined in Section 113743, that only sell whole fruit and vegetables, cottage food products, and prepackaged nonpotentially hazardous foods.
(c)Mobile food facilities shall be stored at or within a commissary or other location approved by the enforcement agency in order to have protection from unsanitary conditions.
(d)Mobile support units shall be operated from and stored at a designated commissary and shall be subject to permitting and plan review.
(e)Notwithstanding any other provisions of this section, a mobile food facility that is engaged in food preparation, other than limited food preparation, as defined in Section 113818, shall not operate in conjunction with a mobile support unit.
SEC. 2.SEC. 5.Section 123279 of the Health and Safety Code is amended to read:123279.(a)It is the intent of the Legislature in adding this section to authorize the establishment of a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992 (Public Law 102-314), which is designed to accomplish the following:
(1)Provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers markets, including certified mobile farmers markets.
(2)Expand the awareness and use of certified farmers markets, including certified mobile farmers markets, and increase sales at those markets.
(b)The department may establish a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992.
(c)If the program is established, the department shall develop criteria to permit any producer authorized by the department to participate in the program to sell fresh nutritious foods to recipients in exchange for nutrition coupons.
(d)If the program is established, the department shall authorize local agencies to distribute nutrition coupons to all recipients, as defined by subdivision (c) of Section 123285 of the Health and Safety Code.
(e)If the program is established, the department shall design the nutrition coupon issuance process to ensure that nutrition coupons are bearer-only, nonnegotiable, and nontransferable by the recipient and that they may be redeemed by recipients only to purchase fresh produce and redeemed for reimbursement only by authorized producers.
(f)It is the intent of the Legislature that the program established by this section to implement the federal WIC Farmers Market Nutrition Act of 1992 (Public Law 102-314) be funded 70 percent by federal funds and 30 percent by private or other funds, as specified by the federal act.
SEC. 3.Section 123281 is added to the Health and Safety Code, to read:123281.SEC. 6.Section 123279.1 is added to the Health and Safety Code, to read:123279.1.(a)For the purposes of this section, article, a certified mobile farmers market means a mobile market in any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail with a focus on it selling agricultural products, including fruits, vegetables, and herbs, directly to communities. has the same meaning as Section 113743.
(b)A certified mobile farmers market shall meet all of the following requirements:
(1)The certified mobile farmers market shall be registered permitted and operated as a mobile food facility under the California Retail Food Code pursuant to Chapter 10 (Part 7 (commencing with Section 114294) of Part 7 113700) of Division 104. 104) and regulations adopted pursuant to that part.
(2)The mobile food facility shall be registered with the Department of Food and Agriculture as a certified mobile farmers market and comply with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter.
(2)The(3)An operator of the a certified mobile farmers market not selling agricultural products of their own production shall be licensed as a produce dealer pursuant to Article 1 (commencing with Section 56101) of Chapter 7 of Division 20 of the Food and Agricultural Code.
(3)(4)The certified mobile farmers market shall sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a valid certified producers certificate pursuant to Article 3 (commencing with Section 47020) of Chapter 10.5 of Division 7 17 of the Food and Agricultural Code.
(4)(5)The certified mobile farmers market shall be operated by either a farmer, California producer, a local government agency, or a nonprofit organization that is incorporated in California.
(5)Any packaged agricultural products sold on a certified mobile farmers market shall be labeled with the name and address of the farm of origin.(c)At Following the enactment of this section, at the time of the next state plan submission to the Food and Nutrition Service of the United States Department of Agriculture pursuant to 7 C.F.R. 248.4, Section 248.4 of Title 7 of the Code of Federal Regulations, the State Department of Public Health shall include criteria to authorize certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program.
(d)(1)If the state plan is approved as described in subdivision (c), the department shall authorize establish the criteria for authorization of certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program in California that is California, consistent with this chapter. article and federal requirements set forth in Part 248 (commencing with Section 248.1) of Title 7 of the Code of Federal Regulations.
(2)This subdivision shall be implemented only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized.
SEC. 4.SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.
It is the intent of the Legislature that certified mobile farmers markets provide accessibility to foods that are grown, harvested, and produced in California by reaching residents in communities that have limited access to nutritious foods, supermarkets, and grocery stores, including communities in rural, underserved, and tribal areas.
SEC. 2.Section 113830 is added to the Health and Safety Code, to read:113830.Certified mobile farmers market means a mobile market in any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail with a focus on it selling agricultural products, including fruits, vegetables, and herbs, directly to communities.SEC. 3.Chapter 12.3 (commencing with Section 114374) is added to Part 7 of Division 104 of the Health and Safety Code, to read:12.3.Certified Mobile Farmers Markets114374.(a)At the time of the next state plan submission to the Food and Nutrition Service of the United States Department of Agriculture pursuant to 7 C.F.R. 248.4, the State Department of Public Health shall include criteria to authorize certified mobile farmers markets, as defined in Section 113830, to participate in the WIC Farmers Market Nutrition Program.(b)(1)If the state plan is approved as described in subdivision (a), the department shall authorize certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program in California that is consistent with this chapter.(2)This subdivision shall be implemented only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized.114375.(a)A certified mobile farmers market shall meet the applicable general sanitation requirements in Section 113980 and the mobile food facilities requirements in Section 114294.(b)A certified mobile farmers market shall sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a certified producers certificate pursuant to Article 3 (commencing with Section 47020) of Chapter 10.5 of Division 7 of the Food and Agricultural Code.(c)A certified mobile farmers market shall be operated by either a farmer, government agency, or nonprofit organization that is incorporated in California.(d)Packaged agricultural products sold on a certified mobile farmers market shall be labeled with the name and address of the farm of origin.SEC. 4.SEC. 2.Section 123279 of the Health and Safety Code is amended to read:123279.(a)It is the intent of the Legislature in adding this section to authorize the establishment of a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992 (Public Law 102-314), which is designed to accomplish the following:
(1)Provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers markets, including certified mobile farmers markets.
(2)Expand the awareness and use of certified farmers markets, including certified mobile farmers markets, and increase sales at those markets.
(b)The department may establish a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992.
(c)If the program is established, the department shall develop criteria to permit any producer authorized by the department to participate in the program to sell fresh nutritious foods to recipients in exchange for nutrition coupons.
(d)If the program is established, the department shall authorize local agencies to distribute nutrition coupons to all recipients, as defined by subdivision (c) of Section 123285 of the Health and Safety Code.
(e)If the program is established, the department shall design the nutrition coupon issuance process to ensure that nutrition coupons are bearer-only, nonnegotiable, and nontransferable by the recipient and that they may be redeemed by recipients only to purchase fresh produce and redeemed for reimbursement only by authorized producers.
(f)It is the intent of the Legislature that the program established by this section to implement the federal WIC Farmers Market Nutrition Act of 1992 (Public Law 102-314) be funded 70 percent by federal funds and 30 percent by private or other funds, as specified by the federal act.
SEC. 3.Section 123281 is added to the Health and Safety Code, to read:123281.(a)For the purposes of this section, a certified mobile farmers market means a mobile market in any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail with a focus on it selling agricultural products, including fruits, vegetables, and herbs, directly to communities.
(b)A certified mobile farmers market shall meet all of the following requirements:
(1)The certified mobile farmers market shall be registered as a mobile food facility under the California Retail Food Code pursuant to Chapter 10 (commencing with Section 114294) of Part 7 of Division 104.
(2)The operator of the certified mobile farmers market shall be licensed as a produce dealer pursuant to Article 1 (commencing with Section 56101) of Chapter 7 of Division 20 of the Food and Agricultural Code.
(3)The certified mobile farmers market shall sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a certified producers certificate pursuant to Article 3 (commencing with Section 47020) of Chapter 10.5 of Division 7 of the Food and Agricultural Code.
(4)The certified mobile farmers market shall be operated by either a farmer, government agency, or nonprofit organization that is incorporated in California.
(5)Any packaged agricultural products sold on a certified mobile farmers market shall be labeled with the name and address of the farm of origin.
(c)At the time of the next state plan submission to the Food and Nutrition Service of the United States Department of Agriculture pursuant to 7 C.F.R. 248.4, the State Department of Public Health shall include criteria to authorize certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program.
(d)(1)If the state plan is approved as described in subdivision (c), the department shall authorize certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program in California that is consistent with this chapter.
(2)This subdivision shall be implemented only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized.
SEC. 5.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.
It is the intent of the Legislature that certified mobile farmers markets provide accessibility to foods that are grown, harvested, and produced in California by reaching residents in communities that have limited access to nutritious foods, supermarkets, and grocery stores, including communities in rural, underserved, and tribal areas.
SECTION 1.SEC. 2.Section 113830 is added to the Health and Safety Code, to read:113830.Mobile Certified mobile farmers market means a mobile market in any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail, with a focus on selling fresh fruits, vegetables, and other healthy food options, grown by local farmers and distributed directly to communities. Mobile farmers markets make foods grown, harvested, and produced in California accessible by reaching communities that do not have access to brick and mortar grocery stores, emphasizing rural, underserved, and tribal communities. retail with a focus on it selling agricultural products, including fruits, vegetables, and herbs, directly to communities.
SEC. 2.Chapter 12.3 (commencing with Section 114374) is added to Part 7 of Division 104 of the Health and Safety Code, to read:12.3.Mobile Farmers Markets114374.(a)A mobile farmers market shall meet the applicable general sanitation requirements in Section 113980 and the mobile food facilities requirements in Section 114294.(b)A mobile farmers market may sell or provide foods grown by local farmers directly to the public, including, but not limited to, all of the following:(1)Whole uncut fruits or vegetables.(2)Shell eggs.(3)Honey.(4)Refrigerated fresh meats, fish, poultry, and dairy products.(5)Pre-packaged foods.(6)Nuts.(7)Beans.(8)Legumes.(9)Rice.(10)Other dry goods.(c)A mobile farmers market may be operated by a third party, including a government agency or a nonprofit organization that is incorporated in California and buys, aggregates, sells, or distributes foods grown by local farmers.(d)Agricultural products sold by the mobile farmers market shall be grown or produced by local farmers, with an emphasis on small- and medium-sized farms, socially disadvantaged farmers or ranchers as defined by Section 512 of the Food and Agricultural Code, and food grown using regenerative, organic, or other climate-smart practices.(e)Packaged agricultural products shall be labeled with the name and address of the farm of origin.SEC. 3.Section 123322 of the Health and Safety Code is amended to read:123322.(a)In order to effectively manage and administer the federal and state requirements for the vendors in the WIC Program, and remain in compliance with the conditions of federal funding, the department shall establish requirements for all of the following:(1)Peer groups and a corresponding reimbursement system.(2)Criteria used for vendor authorization, including, but not limited to, authorization of mobile farmers markets.(3)The WIC Program authorized foods.(b)Notwithstanding any other provisions of law, including the requirement in Section 123315 for enacting regulations to implement that section and Section 123310, the department may, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this section by means of an action by bulletin or similar instruction. The department shall provide notice to, and consult with, affected stakeholders, including vendors, manufacturers, local agencies, participants, advocates, consumer groups, and their respective associations, in the process of implementing, interpreting, or making specific this statute, and meet all of the following requirements:(1)The notice shall be provided electronically to the stakeholders identified in this subdivision and shall also be posted on the programs internet website. The notice shall state the reason for the change, the authority for the change, and the nature of the change. The notice shall provide opportunity for written comment by indicating the address to which to send the comment. The address may be an electronic site. The notice shall allow for at least 20 calendar days for comments to be submitted. The notice shall also provide the date of a consultation meeting with a stakeholder workgroup consisting of, but not limited to, representatives of stakeholder associations, stakeholder representatives, and consumer groups, to ensure stakeholder participation in the implementation of this section.(2)The department shall consider all comments submitted before the due date, though it may withdraw the proposed action at any time by notification on its internet website or notification by electronic means. Unless the department withdraws the action, it shall publish the final action on its internet website no later than 120 days after the consultation with stakeholders or the last day for comments, whichever is later. If the department fails to issue a final action within 120 days from the consultation with stakeholders or the last day for comments, whichever is later, the proposed action will be deemed withdrawn. The department may finalize a proposed action that has been withdrawn by renoticing the proposed action for comment pursuant to paragraphs (1) to (3), inclusive.(3)The department shall provide at least 30 days advance notice of the final action. In the final action, the department shall respond to the comments received.(4)The department shall establish a process to collect stakeholder feedback regarding the impact of the final action and any policy adjustments that should be considered postimplementation.SEC. 3.Chapter 12.3 (commencing with Section 114374) is added to Part 7 of Division 104 of the Health and Safety Code, to read:12.3.Certified Mobile Farmers Markets114374.(a)At the time of the next state plan submission to the Food and Nutrition Service of the United States Department of Agriculture pursuant to 7 C.F.R. 248.4, the State Department of Public Health shall include criteria to authorize certified mobile farmers markets, as defined in Section 113830, to participate in the WIC Farmers Market Nutrition Program.
(b)(1)If the state plan is approved as described in subdivision (a), the department shall authorize certified mobile farmers markets to participate in the WIC Farmers Market Nutrition Program in California that is consistent with this chapter.
(2)This subdivision shall be implemented only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized.
114375.(a)A certified mobile farmers market shall meet the applicable general sanitation requirements in Section 113980 and the mobile food facilities requirements in Section 114294.
(b)A certified mobile farmers market shall sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a certified producers certificate pursuant to Article 3 (commencing with Section 47020) of Chapter 10.5 of Division 7 of the Food and Agricultural Code.
(c)A certified mobile farmers market shall be operated by either a farmer, government agency, or nonprofit organization that is incorporated in California.
(d)Packaged agricultural products sold on a certified mobile farmers market shall be labeled with the name and address of the farm of origin.
SEC. 4.Section 123279 of the Health and Safety Code is amended to read:123279.(a)It is the intent of the Legislature in adding this section to authorize the establishment of a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992 (Public Law 102-314), which is designed to accomplish the following:
(1)Provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers markets. markets, including certified mobile farmers markets.
(2)Expand the awareness and use of certified farmers markets markets, including certified mobile farmers markets, and increase sales at those markets.
(b)The department may establish a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992.
(c)If the program is established, the department shall develop criteria to permit any producer authorized by the department to participate in the program to sell fresh nutritious foods to recipients in exchange for nutrition coupons.
(d)If the program is established, the department shall authorize local agencies to distribute nutrition coupons to all recipients, as defined by subdivision (c) of Section 123285 of the Health and Safety Code.
(e)If the program is established, the department shall design the nutrition coupon issuance process to ensure that nutrition coupons are bearer-only, nonnegotiable, and nontransferable by the recipient and that they may be redeemed by recipients only to purchase fresh produce and redeemed for reimbursement only by authorized producers.
(f)It is the intent of the Legislature that the program established by this section to implement the federal WIC Farmers Market Nutrition Act of 1992 (Public Law 102-314) be funded 70 percent by federal funds and 30 percent by private or other funds, as specified by the federal act.
SEC. 4.SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.
Mobile farmers market means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail, with a focus on selling fresh fruits, vegetables, and other healthy food options, grown by local farmers and distributed directly to communities. Mobile farmers markets make foods grown, harvested, and produced in California accessible by reaching communities that do not have access to brick and mortar grocery stores, emphasizing rural, underserved, and tribal communities.
SEC. 2.Chapter 12.3 (commencing with Section 114374) is added to Part 7 of Division 104 of the Health and Safety Code, to read:12.3.Mobile Farmers Markets114374.(a)A mobile farmers market shall meet the applicable general sanitation requirements in Section 113980 and the mobile food facilities requirements in Section 114294.
(b)A mobile farmers market may sell or provide foods grown by local farmers directly to the public, including, but not limited to, all of the following:
(1)Whole uncut fruits or vegetables.
(2)Shell eggs.
(3)Honey.
(4)Refrigerated fresh meats, fish, poultry, and dairy products.
(5)Pre-packaged foods.
(6)Nuts.
(7)Beans.
(8)Legumes.
(9)Rice.
(10)Other dry goods.
(c)A mobile farmers market may be operated by a third party, including a government agency or a nonprofit organization that is incorporated in California and buys, aggregates, sells, or distributes foods grown by local farmers.
(d)Agricultural products sold by the mobile farmers market shall be grown or produced by local farmers, with an emphasis on small- and medium-sized farms, socially disadvantaged farmers or ranchers as defined by Section 512 of the Food and Agricultural Code, and food grown using regenerative, organic, or other climate-smart practices.
(e)Packaged agricultural products shall be labeled with the name and address of the farm of origin.
SEC. 3.Section 123322 of the Health and Safety Code is amended to read:123322.(a)In order to effectively manage and administer the federal and state requirements for the vendors in the WIC Program, and remain in compliance with the conditions of federal funding, the department shall establish requirements for all of the following:
(1)Peer groups and a corresponding reimbursement system.
(2)Criteria used for vendor authorization. authorization, including, but not limited to, authorization of mobile farmers markets.
(3)The WIC Program authorized foods.
(b)Notwithstanding any other provisions of law, including the requirement in Section 123315 for enacting regulations to implement that section and Section 123310, the department may, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this section by means of an action by bulletin or similar instruction. The department shall provide notice to, and consult with, affected stakeholders, including vendors, manufacturers, local agencies, participants, advocates, consumer groups, and their respective associations, in the process of implementing, interpreting, or making specific this statute, and meet all of the following requirements:
(1)The notice shall be provided electronically to the stakeholders identified in this subdivision and shall also be posted on the programs Internet Web site. internet website. The notice shall state the reason for the change, the authority for the change, and the nature of the change. The notice shall provide opportunity for written comment by indicating the address to which to send the comment. The address may be an electronic site. The notice shall allow for at least 20 calendar days for comments to be submitted. The notice shall also provide the date of a consultation meeting with a stakeholder workgroup consisting of, but not limited to, representatives of stakeholder associations, stakeholder representatives, and consumer groups, to ensure stakeholder participation in the implementation of this section.
(2)The department shall consider all comments submitted before the due date, though it may withdraw the proposed action at any time by notification on its Internet Web site internet website or notification by electronic means. Unless the department withdraws the action, it shall publish the final action on its Internet Web site internet website no later than 120 days after the consultation with stakeholders or the last day for comments, whichever is later. If the department fails to issue a final action within 120 days from the consultation with stakeholders or the last day for comments, whichever is later, the proposed action will be deemed withdrawn. The department may finalize a proposed action that has been withdrawn by renoticing the proposed action for comment pursuant to paragraphs (1) to (3), inclusive.
(3)The department shall provide at least 30 days advance notice of the final action. In the final action, the department shall respond to the comments received.
(4)The department shall establish a process to collect stakeholder feedback regarding the impact of the final action and any policy adjustments that should be considered postimplementation.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Sep 28, 2024 | Chaptered by Secretary of State - Chapter 915, Statutes of 2024. |
| Sep 28, 2024 | Approved by the Governor. |
| Sep 9, 2024 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 28, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.). |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Assembly Rule 77 suspended. |
| Aug 27, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.). |
| Aug 26, 2024 | Read second time. Ordered to third reading. |
| Aug 23, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | Read second time and amended. Ordered returned to second reading. |
| Aug 15, 2024 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 15). |
| Jun 24, 2024 | In committee: Referred to suspense file. |
| Jun 17, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 13, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 12). |
| May 29, 2024 | Referred to Com. on HEALTH. |
| May 22, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5386.) |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | Read second time and amended. Ordered returned to second reading. |
| May 16, 2024 | Joint Rule 62(a), file notice suspended. (Page 5215.) |
| May 16, 2024 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 16). |
| May 16, 2024 | Assembly Rule 63 suspended. |
| May 15, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 24, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 23). Re-referred to Com. on APPR. |
| Apr 24, 2024 | Coauthors revised. |
| Apr 12, 2024 | In committee: Hearing postponed by committee. |
| Mar 4, 2024 | Referred to Com. on HEALTH. |
| Feb 16, 2024 | From printer. May be heard in committee March 17. |
| Feb 15, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2024 | AB 2786 Bonta Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2024 | Assembly 3rd Reading AB2786 Bonta et al. By Hurtado | Senate Floor |
Passed |
|
| Aug 15, 2024 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 24, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 12, 2024 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Health |
Passed |
|
| May 21, 2024 | AB 2786 Bonta Assembly Third Reading | Assembly Floor |
Passed |
|
| May 16, 2024 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 23, 2024 | Do pass 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
|
|---|---|---|
| Agricultural Institute of Marin | ** Support | |
| Alchemist Community Development Corporation | ** Support | |
| American Diabetes Association | ** Support | |
| Blue Zones Project Upper Napa Valley | ** Support | |
| Butte County Local Food Network | ** Support | |
| California Food and Farming Network | ** Support | |
| Center for Land-Based Learning | ** Support | |
| Ceres Community Project | ** Support | |
| Dare 2 Dream Farms | ** Support | |
| Department Of Finance | ** Against | |
| Dragonspunk | ** Support | |
| Dragonspunk GRO | ** Support | |
| Everyone’s Harvest | ** Support | |
| Extrafood | ** Support | |
| Farming Hope | ** Support | |
| Foodwise | ** Support | |
| Fresh Approach | ** Support | |
| Glide | ** Support | |
| Interfaith Sustainable Food Collaborative | ** Support | |
| Marin County Cooperation Team | ** Support | |
| Marin Food Policy Council | ** Support | |
| Mercy Housing | ** Support | |
| Napa Farmers Market | ** Support | |
| NextGen California | ** Support | |
| North Coast Growers Association | ** Support | |
| Occidental Community Farmers Market | ** Support | |
| Orange Home Grown Foundation | ** Support | |
| Orange Home Grown Foundation, Inc. | ** Support | |
| Patricia Caplan Consulting | ** Support | |
| Roots of Change | ** Support | |
| Route One Farmers Market | ** Support | |
| Sustainable Agriculture Education | ** Support | |
| The Praxis Project | ** Support | |
| Urban Village Farmers’ Market Association | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2786
Author:(Bonta)
As Amended Ver:August 23, 2024
Majority vote
SUMMARY
Establishes certified mobile farmers' markets (CMFMs) in state law, as specified. Requires the Department of Public Health (DPH) to include criteria in the next state plan submission to the Food and Nutrition Service (FNS) of the US Department of Agriculture (USDA) to authorize CMFMs to participate in the Farmers Market Nutrition Program of the Special Supplemental Nutrition Plan for Women, Infants and Children (WIC FMNP). If the state plan is approved, requires the DPH to establish the criteria for authorization of CMFMs to participate in the program, as specified.
Senate Amendments
- Establish a new type of direct marketing program for agricultural products called a CMFM which is defined as a mobile food facility permitted under the provisions of the retail food code (CRFC) that moves to various California agricultural product point-of-sale locations at predetermined and regular intervals, operated by a California producer, a local government agency, or a nonprofit organization incorporated in California, upon which agricultural products are sold or distributed at retail directly to communities, and is registered by the Department of Food and Agriculture (CDFA).
- Require CMFM operators to comply with all of the following:
- Sell or distribute agricultural products, produced by a California producer with a valid certified producer's certificate;
- Obtain from each producer an itemized list of all products purchased in accordance with provisions of existing law permitting farmers to sell produce to individuals, organizations or entities that subsequently sell or distribute the produce directly to end users;
- Ensure that all processed agricultural products, as defined, comply with specified requirements of the retail food code;
- Comply with all labeling and identification requirements for shell eggs and processed foods, including the farm’s name, physical address, and telephone number; and,
- Ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic.
- Prohibit the provisions of this bill from being construed to remove the responsibility of a CMFM to obtain all required permits, registrations, certificates, and licenses, including a produce dealer license, a mobile food facility permit, a processing food permit, a canner license, a shellfish handling and marketing certificate, an organic processed product registration, or any other requirement from DPH or a local jurisdiction, or from complying with the requirements of the CRFC.
- Require the operator of a CMFM to register annually with CDFA, which shall include all of the following:
- A statement specifying the location from where the agricultural products are sourced, including a certified farmers’ market or a certified producer;
- A schedule of point-of-sale locations and expected sales intervals; and,
- All other required permitting related to the mobile food facility.
- Require the fee for, or the fee for amendment to, the annual registration of a CMFM to be set by regulation by CDFA that is reflective of the actual cost of the processing of registration or amendment to the registration, but prohibits the fee from exceeding $200 annually. Exempt the adoption of any fee from the requirements of the Administrative Procedures Act.
- Change the definition of a mobile farmer’s market (MFM) within CRFC from a mobile market in any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail with a focus on it selling agricultural products, including fruits, vegetables, and herbs, directly to communities to a a mobile food facility that sells agricultural products, prepackaged nonpotentially hazardous foods, cottage food products, processed foods, or a combination thereof, and meets the requirements of this bill.
- Exempt CMFMs that sell only whole fruit and vegetables, cottage food products, and prepackaged nonpotentially hazardous foods from provisions of the CRFC that require mobile food facilities to operate in conjunction with a commissary, mobile support unit, or other facility approved by the local enforcement agency.
- Revise and recasts provisions of the bill to require DPH to include criteria to authorize certified mobile farmers’ markets to participate in the WIC FMNP.
- Revise and recast provisions of this bill to require DPH, if the state plan is approved by the FNS, to establish the criteria for authorization of CMFMs to participate in the WIC FMNP in California, consistent with this bill and federal requirements.
- Require a CMFM, for purposes of the WIC FMNP, to sell agricultural products that are grown by California producers with a valid certified producer’s certificate, as specified.
- Require an operator of a CMFM that is selling agricultural products not of their own production to be licensed as a produce dealer, as specified.
- Require a CMFM, for purposes of the WIC FMNP, to be operated by either a California producer, local government agency, or nonprofit organization that is incorporated in California.
COMMENTS
- WIC. WIC is a federally funded nutrition and health program that provides education and food. WIC responds, up to a child's fifth birthday, with nutritious food, parenting and nutrition education, support for breastfeeding mothers and babies, referrals for services needed by the family, and requirements for medical care to continue participation. California WIC, administered by DPH, contracts with 84 local agencies that operate 500 service sites statewide. The WIC local agencies, which include local health departments and non-profit agencies, certify participant eligibility, provide nutrition education and counseling as well as breastfeeding support, and provide referrals to healthcare and other community resources, and issue the California WIC card for families to purchase nutritious foods.
- WIC Farmers' Markets. The WIC FMNP provides one booklet of three $10 checks ($30 total) to eligible recipients for use at WIC-authorized Farmers' Markets between May and November of each year which WIC participants can use alongside their regular WIC benefits. These coupons can be used to buy eligible foods from farmers, farmers markets or roadside stands that have been approved by the state agency to accept FMNP coupons.
- MFMs. MFMs are an emerging strategy to address disparities in access to fresh produce such as fruits, vegetables and herbs. Unlike traditional farmers' markets, which are stationary and typically located in more affluent areas, MFMs operate on wheels, traveling to neighborhoods where access to fresh produce is limited. By bringing fruits and directly to communities, MFMs increase access for individuals who may otherwise rely on convenience stores with limited availability of fresh produce.
MFMs are typically operated by community-based organizations. California is home to five active MFMs—operating across Alameda, Contra Costa, Marin, Sacramento, San Francisco, San Mateo, Santa Barbara, and Santa Clara counties, with an additional four MFMs in the planning stages in Napa, Los Angeles, and San Luis Obispo counties.
DPH/WIC authorizes farmers and farmers' markets for WIC Farmers' Market Programs. Mobile farmers' markets are not currently considered “Certified Farmer's Markets” under existing law. They are not currently recognized as an eligible vendor for WIC FMNP in California. This bill establishes CMFMs as a new category of direct marketing. Under the provisions of this bill, a CMFM as a mobile food facility permitted under the provisions of the CRFC that moves to various California agricultural product point-of-sale locations at predetermined and regular intervals, operated by a California producer, a local government agency, or a nonprofit organization incorporated in California, upon which agricultural products are sold or distributed at retail directly to communities, and is registered by CDFA. Further, this bill requires DPH to include in their next state submission criteria to authorize certified MFMs to participate in WIC FMNP. If approved, this bill would require DPH to establish criteria to authorize certified MFMs to participate in WIC FMNP.
According to the Author
Too many Californians, particularly Californians of color, are living with largely preventable chronic conditions. The author asserts adequate food and nutrition are a fundamental part of preventing and treating chronic conditions, and can significantly improve a patient's quality of life and health status while also reducing healthcare costs. Further, the author asserts that low-income communities of color have disproportionate access to fresh fruits and vegetables. Across California, the author indicates, there are five active mobile markets in the Counties of Butte, Contra Costa County, Marin, Sacramento, Santa Barbara, as well as the City and County of San Francisco. The author states that these programs are innovative strategies to increase fruit and vegetable consumption. The author concludes that this bill would allow WIC participants to use their WIC benefits at mobile farmer's markets, increasing access to fresh and healthy food.
Arguments in Support
A coalition called Fresh Approach and AIM, cosponsors of this bill, states, as organizations focused on addressing food insecurity in California, support this bill because it will create a formal definition for MFMs in CRFC which will be a pathway to establish criteria for the authorization of MFMs as WIC vendors. This will allow many customers already using benefits such as CalFresh at MFM sites to utilize other nutrition safety net programs. A pathway for WIC retail approval would have positive ripple effects across the state by getting more fresh produce to underserved communities while simultaneously supporting the economic resiliency of our small farmers.
Arguments in Opposition
The Department of Finance is opposed to a prior version of this bill because it results in General Fund costs not included in the Administration's spending plan. It is also unknown whether the federal government will approve the proposed inclusion of these markets for WIC. According to the author's office, the intent of this bill is to increase access to fresh produce to low-income communities by allowing WIC participants to patronize more fresh produce vendors, while also supporting the markets' business viability by expanding the forms of payment they can receive. However, according to CDFA, this bill may result in costs of enforcement in counties with large numbers of mobile food vendors that may not meet the qualifications. CDFA also has concerns about potential lost revenues to certified farmers' markets if they are diverted to competing mobile markets, creating financial incentives for farmers to sell produce outside of certified farmers' markets to avoid market fees. According to CDFA, increasing the complexity of certified produce markets creates enforcement challenges that may result in increasing food safety risks for consumers and lost revenues to California agricultural producers.
FISCAL COMMENTS
According to the Senate Appropriations Committee, annual costs of approximately $150,000 (federal funds) for three fiscal years for the DPH to promulgate regulations establishing certified mobile farmers' markets criteria should the USDA approve the state plan. Unknown costs for the CDFA for state administration. Costs would be offset by registration fee revenues into the Department of Food and Agriculture Fund.
VOTES:
ASM HEALTH: 16-0-0
YES: Bonta, Waldron, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Jones-Sawyer, Maienschein, McCarty, Joe Patterson, Rodriguez, Sanchez, Santiago, Schiavo, Weber
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta
ASSEMBLY FLOOR: 73-0-7
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
UPDATED
VERSION: August 23, 2024
CONSULTANT: Eliza Brooks / HEALTH / (916) 319-2097 FN: 0004775
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2786 |
THIRD READING
Bill No: AB 2786
Author: Bonta (D), et al.
Amended: 8/23/24 in Senate
Vote: 21
SENATE HEALTH COMMITTEE: 10-0, 6/12/24
AYES: Roth, Nguyen, Glazer, Gonzalez, Grove, Hurtado, Limón, Menjivar, Rubio, Wiener
NO VOTE RECORDED: Smallwood-Cuevas
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 73-0, 5/21/24 - See last page for vote
SUBJECT: Certified mobile farmers’ markets
SOURCE: Agricultural Institute of Marin
Fresh Approach
DIGEST:
This bill establishes a new category of certified famer’s market called a “certified mobile farmers’ market” (CMFM) which is also required to meet the requirements for a mobile food facility, and that is required to sell agricultural products grown by California producers. Requires the California Department of Public Health to seek federal approval to authorize certified mobile farmers’ markets to participate in the Farmers Market Nutrition Program of the Supplemental Nutrition Program for Women, Infants, and Children.
Senate Floor Amendments of 8/23/24 made a technical clarification to the definition of a CMFM, and also made a technical clarification to when a CMFM is required to obtain a produce dealer’s license.
ANALYSIS:
Existing law:
- Defines “certified farmers’ market” (CFM) as agricultural product point-of-sale locations that are registered with the Department of Food and Agriculture (CDFA) by applying for and obtaining a certificate from the county agricultural commission’s office in the county where the CFM is located. [Food & Agriculture Code (FAC) §47000, §47020]
- Requires a producer, before selling at a CFM, to apply for and obtain a certificate from the county agricultural commissioner’s office in the county in which the producer’s land or facility is located, and requires the application to include a declaration by the producer that the producer is knowledgeable of and intends to produce in accordance with good agricultural practices, as outlined in the Small Farm Food Safety Guidelines published by CDFA. [FAC §47020(c)]
- Requires that only the producer or the lawful authorized representative of the producer to sell agricultural products within the area defined as a CFM, and prohibits the sale of agricultural products purchased from another individual or entity with the understanding or knowledge that the products are intended to be resold at a CFM. [FAC §47004(b)]
- Establishes the California Retail Food Code (CalCode) to provide for the regulation of food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [Health & Safety Code (HSC) §113700, et seq.]
- Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. CFMs are included in the definition of food facility for purposes of permitting and enforcement of general sanitation requirements and requirements specified in the CalCode for CFMs. [HSC §113789]
- Requires CFMs to meet certain requirements for purposes of the CalCode, including that food be stored at least six inches off the floor or ground. Prohibits food preparation at CFMs, with the exception of food samples. [HSC §114370 et seq.]
- Defines “mobile food facility,” for purposes of the CalCode, as any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. Requires all mobile food facilities, except as specified, to operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency. Requires mobile food facilities to meet the applicable requirements of specified chapters of the CalCode unless specifically exempted from these requirements. [HSC §113831, §114294, §114295]
- Establishes the federal Supplemental Nutrition Program for Women, Infants, and Children (federal WIC) under the United States Department of Agriculture to provide grants to states for supplemental foods, health care referrals, and nutrition education for low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk. [42 USC §1786 et seq.]
- Establishes the federal WIC Farmers Market Nutrition Program (FMNP), under which eligible WIC participants are issued FMNP coupons in addition to their regular WIC benefits, which can be used to buy eligible foods from farmers, farmers’ markets, or roadside stands that have been approved by the state agency to accept FMNP coupons. [42 USC §1786(m)]
- Establishes the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) to implement the federal grant program, and as part of this program, requires the California Department of Public Health (CDPH) to authorize retail food vendors to accept nutrition coupons and reimbursement according to the system developed by CDPH. [HSC §123275 et seq.]
- Permits CDPH to establish a program designed to implement the WIC FMNP, which is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from CFMs, and to expand the awareness and use of CFMs and increase sales at those markets. [HSC §123279]
This bill:
- Establishes a new type of direct marketing program for agricultural products called a “certified mobile farmers’ market,” which is defined as a mobile food facility permitted under the professions of the retail food code that moves to various California agricultural product point-of-sale locations at predetermined and regular intervals, operated by a California producer, a local government agency, or a nonprofit organization incorporated in California, upon which agricultural products are sold or distributed at retail directly to communities, and is registered by the Department of Food and Agriculture.
- Requires certified mobile farmers’ market operators to comply with all of the following:
- Sell or distribute agricultural products, produced by a California producer with a valid certified producer’s certificate;
- Obtain from each producer an itemized list of all products purchased in accordance with provisions of existing law permitting farmers to sell produce to individuals, organizations or entities that subsequently sell or distribute the produce directly to end users;
- Ensure that all processed agricultural products, as defined, comply with specified requirements of the retail food code;
- Comply with all labeling and identification requirements for shell eggs and processed foods, including the farm’s name, physical address, and telephone number; and,
- Ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic.
- Prohibits the provisions of this bill from being construed to remove the responsibility of a certified mobile farmers’ market to obtain all required permits, registrations, certificates, and licenses, including a produce dealer license, a mobile food facility permit, a processing food permit, a canner license, a shellfish handling and marketing certificate, an organic processed product registration, or any other requirement from CDPH or a local jurisdiction, or from complying with the requirements of the CalCode.
- Requires the operated of a certified mobile farmers’ market to register annually with CDFA, which shall include all of the following:
- A statement specifying the location from where the agricultural products are sourced, including a certified farmers’ market or a certified producer;
- A schedule of point-of-sale locations and expected sales intervals; and,
- All other required permitting related to the mobile food facility.
- Requires the fee for, or the fee for amendment to, the annual registration of a certified mobile farmers’ market to be set by regulation by CDFA that is reflective of the actual cost of the processing of registration or amendment to the registration, but prohibits the fee from exceeding $200 annually. Exempts the adoption of any fee from the requirements of the Administrative Procedures Act.
- Adds a definition of “certified mobile farmers’ market” to the CalCode, defined as a mobile food facility that sells agricultural products, prepackaged nonpotentially hazardous foods, cottage food products, processed foods, or a combination thereof, and meets the requirements of this bill.
- Exempts certified mobile farmers’ markets that sell only whole fruit and vegetables, cottage food products, and prepackaged nonpotentially hazardous foods from provisions of the CalCode that require mobile food facilities to operate in conjunction with a commissary, mobile support unit, or other facility approved by the local enforcement agency.
- Requires CDPH, at the time of the next state plan submission to the Food and Nutrition Service of the U.S. Food and Drug Administration (FDA), to include criteria to authorize certified mobile farmers’ markets to participate in the WIC FMNP.
- Requires CDPH, if the state plan is approved by the U.S. FDA, to establish the criteria for authorization of certified mobile farmers’ markets to participate in the WIC FMNP in California, consistent with this bill and federal requirements. Requires this provision to be implemented only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized.
- Adds certified mobile farmers’ markets to provisions of law pertaining to the FMNP in California.
- Requires a certified mobile farmers’ market, for purposes of the WIC FMNP, to sell agricultural products that are grown by California producers with a valid certified producer’s certificate, as specified.
- Requires an operator of a certified mobile farmers’ market that is selling agricultural products not of their own production to be licensed as a produce dealer, as specified.
- Requires a certified mobile farmers’ market, for purposes of the WIC FMNP, to be operated by either a California producer, local government agency, or nonprofit organization that is incorporated in California.
- States the intent of the Legislature that certified mobile farmers’ markets provide accessibility to foods that are grown, harvested, and produced in California by reaching residents in communities that have limited access to nutritious foods, supermarkets, and grocery stores, including communities in rural, underserved, and tribal areas.
Comments
- Author’s statement. According to the author, “too many Californians, particularly Californians of color, are living with largely preventable chronic conditions. The author asserts adequate food and nutrition are a fundamental part of preventing and treating chronic conditions, and can significantly improve a patient's quality of life and health status while also reducing healthcare costs. Further, the author asserts that low-income communities of color have disproportionate access to fresh fruits and vegetables. Across California, the author indicates, there are five active mobile markets operating in the Counties of Butte, Contra Costa, Marin, San Francisco, Santa Barbara, Santa Clara and Yolo, with an additional four in the planning stages in Alameda, Napa, Los Angeles, and San Luis Obispo counties. The author states that these programs are innovative strategies to increase fruit and vegetable consumption. The author concludes that this bill would allow WIC participants to use their WIC benefits at mobile farmer's markets, increasing access to fresh and healthy food.”
- Food assistance programs and WIC. WIC is one of several federally funded food assistance programs, which include the Supplemental Nutrition Assistance Program (SNAP), which in California is known as CalFresh, the Senior Farmers Market Nutrition Program, as well as the School Breakfast and Lunch Programs. CalFresh is for low-income people who meet federal income eligibility rules, and provides a monthly dollar amount via an Electronic Benefits Card that works like a debit card and can be used to buy groceries at SNAP-authorized food retailers. WIC, on the other hand, provides for specific nutritional needs appropriate for pregnant, breastfeeding, and postpartum women, infants, and children up to five years old. There is a WIC Authorized Food List Shopping Guide that provides information about the foods authorized by WIC. There is a WIC Food Balance on each person’s WIC card that lists the types and amounts of foods participants can buy with the WIC card, and not all foods included in the Shopping Guide are available to all participants. There is also a WIC Fruits and Vegetables Benefit that offers a monthly cash-value benefit on the WIC card for the purchase of fruits and vegetables, whether fresh, dried, canned, or frozen. The dollar amounts vary depending on whether the beneficiary is a child or a pregnant, breastfeeding, or postpartum woman.
The WIC Farmers’ Market Nutrition Program is an additional benefit to encourage the consumption of fresh, locally grown fruits and vegetables, and encourages shopping at farmer’s markets. The FMNP provides one booklet of three $10 checks ($30 total) to eligible recipients for use at WIC-authorized Farmer’s Markets between May and November of each year. In 2019, the first farmer in California was authorized to accept the electronic WIC card, and according to CDPH, there are now more than 64 farmers authorized to accept the WIC card. In order to become a WIC authorized farmer, the farmer must have a current Producer’s Certificate issued by the county Agricultural Commissioner, must sell produce at a WIC authorized farmer’s market, and complete an application. To become a WIC authorized farmer’s market, it must be a Certified Farmer’s Market with a valid certificate issued by the county Agricultural Commissioner. - Existing mobile farmers’ markets. According to information provided by the author, California is home to five active mobile farmers’ markets operating across Butte, Contra Costa, Marin, San Francisco, Santa Barbara, Santa Clara and Yolo counties, with an additional four in the planning stages in Alameda, Napa, Los Angeles, and San Luis Obispo counties. One example is “The Rollin’ Root” operated by the Agricultural Institute of Marin, one of the sponsors of this bill. The Rollin’ Root is a food truck stocked with seasonal fruits, vegetables, and dairy products from the farmers’ markets, and makes stops throughout Marin County and San Francisco on a set schedule. The Rollin’ Root accepts CalFresh, as well as participates in the Senior Farmers Market Nutrition Program.
The author states that these mobile markets are permitted by local environmental health departments as mobile food facilities, and are also licensed by CDFA as produce dealers. These mobile markets are able to be authorized as “delivery routes” to accept CalFresh benefits. However, these mobile farmers’ markets are technically not “Certified Farmer’s Markets,” and therefore do not meet the eligibility requirements for WIC FMNP. The requirements to obtain certification as a CFM under state law appears to preclude a mobile farmer’s market from qualifying. For example, applicants have to include a map that clearly locates and identifies the defined marketing area where only agricultural products may be sold. Additionally, farmers are only permitted to sell their own produce at CFMs, and mobile farmers’ markets are generally selling produce sourced at CFMs but are not the producers themselves.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- Annual costs of approximately $150,000 (federal funds) for three fiscal years for the CDPH to promulgate regulations establishing certified mobile farmers’ markets criteria should the USDA approve the state plan.
- Unknown costs for the Department of Food and Agriculture for state administration. Costs would be offset by registration fee revenues into the Department of Food and Agriculture Fund.
SUPPORT: (Verified 8/14/24)
Agricultural Institute of Marin (co-source)
Fresh Approach (co-source)
Alchemist Community Development Corporation
American Diabetes Association
Blue Zones Project Upper Napa Valley
Butte County Local Food Network
California Food and Farming Network
Center for Land-Based Learning
Ceres Community Project
Dare 2 Dream Farms
Dragonspunk
Everyone’s Harvest
ExtraFood
Farming Hope
Foodwise
GLIDE
Interfaith Sustainable Food Collaborative
Marin County Cooperation Team
Marin Food Policy Council
Mercy Housing
Napa Farmers Market
NextGen California
North Coast Growers Association
Occidental Community Farmers Market
Orange Home Grown Foundation, Inc.
Patricia Caplan Consulting
Roots of Change
Route One Farmers Market
Sustainable Agriculture Education
The Praxis Project
Urban Village Farmers’ Market Association
OPPOSITION: (Verified 8/14/24)
Department of Finance
ARGUMENTS IN SUPPORT: This bill is co-sponsored by the Agricultural Institute of Marin and Fresh Approach, and supported by a large coalition of organizations. Supporters state that mobile farmers’ markets are a proven and innovative model for bringing affordable, local, culturally relevant produce to underserved communities while providing economic stimulus to California farmers. Supporters state that under the WIC FMNP, participants are issued $30 per month in coupons from May to November in addition to their regular WIC benefits to purchase produce from farmers, farmers’ markets, or roadside stands, and that federal funds support 100% of the food costs. According to supporters, 10 other states already authorize some form of mobile farmers’ markets to accept WIC FMNP benefits. Supporters state that this bill would allow many WIC FMNP participants who already are using benefits such as CalFresh and the California Nutrition Incentive Program to access fruits and vegetables at mobile farmers’ markets. Supporters state that mobile farmers’ markets are run exclusively by non-profit organizations, partner with one or more farmers, and only sell retail direct (not wholesale) with a mission to support low-income communities. Mobile farmers’ markets extend the reach and impact of CFMs by increasing sales for certified producers who are generally unable to make it viable to sell in isolated locations that lack traditional farmers’ markets. Supporters state that with passage of this bill, California can lead the way in providing new and innovative access points to connect farmers with WIC participants.
ARGUMENTS IN OPPOSITION: The Department of Finance (DOF) submitted a letter of opposition to a prior version (June 17) version of this bill. According to DOF, it is opposed to this bill because it results in General Fund costs not included in the administration’s spending plan. The DOF cites CDFA concerns that this bill may result in enforcement costs in counties with large numbers of mobile food vendors that may not meet the qualifications. Additional, CDFA has concerns about potential lost revenues to certified farmers’ markets if they are diverted to competing mobile markets, creating financial incentives for farmers to sell produce outside of the certified farmers’ markets to avoid market fees.
ASSEMBLY FLOOR: 73-0, 5/21/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas
Prepared by: Vincent D. Marchand / HEALTH / (916) 651-4111
8/26/24 11:53:19
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2786 |
THIRD READING
Bill No: AB 2786
Author: Bonta (D), et al.
Amended: 8/15/24 in Senate
Vote: 21
SENATE HEALTH COMMITTEE: 10-0, 6/12/24
AYES: Roth, Nguyen, Glazer, Gonzalez, Grove, Hurtado, Limón, Menjivar, Rubio, Wiener
NO VOTE RECORDED: Smallwood-Cuevas
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 73-0, 5/21/24 - See last page for vote
SUBJECT: Certified mobile farmers’ markets
SOURCE: Agricultural Institute of Marin
Fresh Approach
DIGEST:
This bill establishes a new category of certified famer’s market called a “certified mobile farmers’ market,” which is also required to meet the requirements for a mobile food facility, and that is required to sell agricultural products grown by California producers. Requires the California Department of Public Health to seek federal approval to authorize certified mobile farmers’ markets to participate in the Farmers Market Nutrition Program of the Supplemental Nutrition Program for Women, Infants, and Children.
ANALYSIS:
Existing law:
- Defines “certified farmers’ market” (CFM) as agricultural product point-of-sale locations that are registered with the Department of Food and Agriculture (CDFA) by applying for and obtaining a certificate from the county agricultural commission’s office in the county where the CFM is located. [FAC §47000, §47020]
- Requires a producer, before selling at a CFM, to apply for and obtain a certificate from the county agricultural commissioner’s office in the county in which the producer’s land or facility is located, and requires the application to include a declaration by the producer that the producer is knowledgeable of and intends to produce in accordance with good agricultural practices, as outlined in the Small Farm Food Safety Guidelines published by CDFA. [Food & Agriculure Code (FAC) §47020(c)]
- Requires that only the producer or the lawful authorized representative of the producer to sell agricultural products within the area defined as a CFM, and prohibits the sale of agricultural products purchased from another individual or entity with the understanding or knowledge that the products are intended to be resold at a CFM. [Food & Agriculture Code (FAC) §47004(b)]
- Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [Health & Safety Code (HSC) §113700, et seq.]
- Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. CFMs are included in the definition of food facility for purposes of permitting and enforcement of general sanitation requirements and requirements specified in the CalCode for CFMs. [HSC §113789]
- Requires CFMs to meet certain requirements for purposes of the CalCode, including that food be stored at least six inches off the floor or ground. Prohibits food preparation at CFMs, with the exception of food samples, and specifies that trimming whole produce for sale is not considered food preparation. [HSC §114370 et seq.]
- Defines “mobile food facility,” for purposes of the CalCode, as any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. Requires all mobile food facilities, except as specified, to operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency. Requires mobile food facilities to meet the applicable requirements of specified chapters of the CalCode unless specifically exempted from these requirements. [HSC §113831, §114294, §114295]
- Establishes the federal Supplemental Nutrition Program for Women, Infants, and Children (federal WIC) under the United States Department of Agriculture to provide grants to states for supplemental foods, health care referrals, and nutrition education for low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk. [42 USC §1786 et seq.]
- Establishes the federal WIC Farmers Market Nutrition Program (FMNP), under which eligible WIC participants are issued FMNP coupons in addition to their regular WIC benefits, which can be used to buy eligible foods from farmers, farmers’ markets, or roadside stands that have been approved by the state agency to accept FMNP coupons. [42 USC §1786(m)]
- Establishes the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) to implement the federal grant program, and as part of this program, requires the California Department of Public Health (CDPH) to authorize retail food vendors to accept nutrition coupons and reimbursement according to the system developed by CDPH. [HSC §123275 et seq.]
- Permits CDPH to establish a program designed to implement the WIC FMNP, which is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from CFMs, and to expand the awareness and use of CFMs and increase sales at those markets. [HSC §123279]
This bill:
- Establishes a new type of direct marketing program for agricultural products called a “certified mobile farmers’ market,” which is defined as a mobile food facility permitted under the professions of the retail food code that moves to various California agricultural product point-of-sale locations at predetermined and regular intervals, operated by a California producer, a local government agency, or a nonprofit organization incorporated in California, upon which agricultural products are sold or distributed at retail directly to communities, and is registered by the Department of Food and Agriculture.
- Requires certified mobile farmers’ market operators to comply with all of the following:
- Sell or distribute agricultural products, produced by a California producer with a valid certified producer’s certificate;
- Obtain from each producer an itemized list of all products purchased in accordance with provisions of existing law permitting farmers to sell produce to individuals, organizations or entities that subsequently sell or distribute the produce directly to end users;
- Ensure that all processed agricultural products, as defined, comply with specified requirements of the retail food code;
- Comply with all labeling and identification requirements for shell eggs and processed foods, including the farm’s name, physical address, and telephone number; and,
- Ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic.
- Prohibits the provisions of this bill from being construed to remove the responsibility of a certified mobile farmers’ market to obtain all required permits, registrations, certificates, and licenses, including a produce dealer license, a mobile food facility permit, a processing food permit, a canner license, a shellfish handling and marketing certificate, an organic processed product registration, or any other requirement from CDPH or a local jurisdiction, or from complying with the requirements of the CalCode.
- Requires the operated of a certified mobile farmers’ market to register annually with CDFA, which shall include all of the following:
- A statement specifying the location from where the agricultural products are sourced, including a certified farmers’ market or a certified producer;
- A schedule of point-of-sale locations and expected sales intervals; and,
- All other required permitting related to the mobile food facility.
- Requires the fee for, or the fee for amendment to, the annual registration of a certified mobile farmers’ market to be set by regulation by CDFA that is reflective of the actual cost of the processing of registration or amendment to the registration, but prohibits the fee from exceeding $200 annually. Exempts the adoption of any fee from the requirements of the Administrative Procedures Act.
- Adds a definition of “certified mobile farmers’ market” to the CalCode, defined as a mobile food facility that sells agricultural products, prepackaged nonpotentially hazardous foods, cottage food products, processed foods, or a combination thereof, and meets the requirements of this bill.
- Exempts certified mobile farmers’ markets that sell only whole fruit and vegetables, cottage food products, and prepackaged nonpotentially hazardous foods from provisions of the CalCode that require mobile food facilities to operate in conjunction with a commissary, mobile support unit, or other facility approved by the local enforcement agency.
- Requires CDPH, at the time of the next state plan submission to the Food and Nutrition Service of the U.S. Food and Drug Administration (FDA), to include criteria to authorize certified mobile farmers’ markets to participate in the WIC FMNP.
- Requires CDPH, if the state plan is approved by the U.S. FDA, to establish the criteria for authorization of certified mobile farmers’ markets to participate in the WIC FMNP in California, consistent with this bill and federal requirements. Requires this provision to be implemented only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized.
- Adds certified mobile farmers’ markets to provisions of law pertaining to the FMNP in California.
- Requires a certified mobile farmers’ market, for purposes of the WIC FMNP, to sell agricultural products that are grown by California producers with a valid certified producer’s certificate, as specified.
- Requires an operator of a certified mobile farmers’ market that is not selling agricultural products of their own production to be licensed as a produce dealer, as specified.
- Requires a certified mobile farmers’ market, for purposes of the WIC FMNP, to be operated by either a California producer, local government agency, or nonprofit organization that is incorporated in California.
- States the intent of the Legislature that certified mobile farmers’ markets provide accessibility to foods that are grown, harvested, and produced in California by reaching residents in communities that have limited access to nutritious foods, supermarkets, and grocery stores, including communities in rural, underserved, and tribal areas.
Comments
- Author’s statement. According to the author, too many Californians, particularly Californians of color, are living with largely preventable chronic conditions. The author asserts adequate food and nutrition are a fundamental part of preventing and treating chronic conditions, and can significantly improve a patient's quality of life and health status while also reducing healthcare costs. Further, the author asserts that low-income communities of color have disproportionate access to fresh fruits and vegetables. Across California, the author indicates, there are five active mobile markets operating in the Counties of Butte, Contra Costa, Marin, San Francisco, Santa Barbara, Santa Clara and Yolo, with an additional four in the planning stages in Alameda, Napa, Los Angeles, and San Luis Obispo counties. The author states that these programs are innovative strategies to increase fruit and vegetable consumption. The author concludes that this bill would allow WIC participants to use their WIC benefits at mobile farmer's markets, increasing access to fresh and healthy food.
- Food assistance programs and WIC. WIC is one of several federally funded food assistance programs, which include the Supplemental Nutrition Assistance Program (SNAP), which in California is known as CalFresh, the Senior Farmers Market Nutrition Program, as well as the School Breakfast and Lunch Programs. CalFresh is for low-income people who meet federal income eligibility rules, and provides a monthly dollar amount via an Electronic Benefits Card that works like a debit card and can be used to buy groceries at SNAP-authorized food retailers. WIC, on the other hand, provides for specific nutritional needs appropriate for pregnant, breastfeeding, and postpartum women, infants, and children up to five years old. There is a WIC Authorized Food List Shopping Guide that provides information about the foods authorized by WIC. There is a WIC Food Balance on each person’s WIC card that lists the types and amounts of foods participants can buy with the WIC card, and not all foods included in the Shopping Guide are available to all participants. There is also a WIC Fruits and Vegetables Benefit that offers a monthly cash-value benefit on the WIC card for the purchase of fruits and vegetables, whether fresh, dried, canned, or frozen. The dollar amounts vary depending on whether the beneficiary is a child or a pregnant, breastfeeding, or postpartum woman.
The WIC Farmers’ Market Nutrition Program is an additional benefit to encourage the consumption of fresh, locally grown fruits and vegetables, and encourages shopping at farmer’s markets. The FMNP provides one booklet of three $10 checks ($30 total) to eligible recipients for use at WIC-authorized Farmer’s Markets between May and November of each year. In 2019, the first farmer in California was authorized to accept the electronic WIC card, and according to CDPH, there are now more than 64 farmers authorized to accept the WIC card. In order to become a WIC authorized farmer, the farmer must have a current Producer’s Certificate issued by the county Agricultural Commissioner, must sell produce at a WIC authorized farmer’s market, and complete an application. To become a WIC authorized farmer’s market, it must be a Certified Farmer’s Market with a valid certificate issued by the county Agricultural Commissioner. - Existing mobile farmers’ markets. According to information provided by the author, California is home to five active mobile farmers’ markets operating across Butte, Contra Costa, Marin, San Francisco, Santa Barbara, Santa Clara and Yolo counties, with an additional four in the planning stages in Alameda, Napa, Los Angeles, and San Luis Obispo counties. One example is “The Rollin’ Root” operated by the Agricultural Institute of Marin, one of the sponsors of this bill. The Rollin’ Root is a food truck stocked with seasonal fruits, vegetables, and dairy products from the farmers’ markets, and makes stops throughout Marin County and San Francisco on a set schedule. The Rollin’ Root accepts CalFresh, as well as participates in the Senior Farmers Market Nutrition Program.
The author states that these mobile markets are permitted by local environmental health departments as mobile food facilities, and are also licensed by CDFA as produce dealers. These mobile markets are able to be authorized as “delivery routes” to accept CalFresh benefits. However, these mobile farmers’ markets are technically not “Certified Farmer’s Markets,” and therefore do not meet the eligibility requirements for WIC FMNP. The requirements to obtain certification as a CFM under state law appears to preclude a mobile farmer’s market from qualifying. For example, applicants have to include a map that clearly locates and identifies the defined marketing area where only agricultural products may be sold. Additionally, farmers are only permitted to sell their own produce at CFMs, and mobile farmers’ markets are generally selling produce sourced at CFMs but are not the producers themselves.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- Annual costs of approximately $150,000 (federal funds) for three fiscal years for the CDPH to promulgate regulations establishing certified mobile farmers’ markets criteria should the USDA approve the state plan.
- Unknown costs for the Department of Food and Agriculture for state administration. Costs would be offset by registration fee revenues into the Department of Food and Agriculture Fund.
SUPPORT: (Verified 8/14/24)
Agricultural Institute of Marin (co-source)
Fresh Approach (co-source)
Alchemist Community Development Corporation
American Diabetes Association
Blue Zones Project Upper Napa Valley
Butte County Local Food Network
California Food and Farming Network
Center for Land-Based Learning
Ceres Community Project
Dare 2 Dream Farms
Dragonspunk
Everyone’s Harvest
ExtraFood
Farming Hope
Foodwise
GLIDE
Interfaith Sustainable Food Collaborative
Marin County Cooperation Team
Marin Food Policy Council
Mercy Housing
Napa Farmers Market
NextGen California
North Coast Growers Association
Occidental Community Farmers Market
Orange Home Grown Foundation, Inc.
Patricia Caplan Consulting
Roots of Change
Route One Farmers Market
Sustainable Agriculture Education
The Praxis Project
Urban Village Farmers’ Market Association
OPPOSITION: (Verified 8/14/24)
Department of Finance
ARGUMENTS IN SUPPORT: This bill is co-sponsored by the Agricultural Institute of Marin and Fresh Approach, and supported by a large coalition of organizations. Supporters state that mobile farmers’ markets are a proven and innovative model for bringing affordable, local, culturally relevant produce to underserved communities while providing economic stimulus to California farmers. Supporters state that under the WIC FMNP, participants are issued $30 per month in coupons from May to November in addition to their regular WIC benefits to purchase produce from farmers, farmers’ markets, or roadside stands, and that federal funds support 100% of the food costs. According to supporters, 10 other states already authorize some form of mobile farmers’ markets to accept WIC FMNP benefits. Supporters state that this bill would allow many WIC FMNP participants who already are using benefits such as CalFresh and the California Nutrition Incentive Program to access fruits and vegetables at mobile farmers’ markets. Supporters state that mobile farmers’ markets are run exclusively by non-profit organizations, partner with one or more farmers, and only sell retail direct (not wholesale) with a mission to support low-income communities. Mobile farmers’ markets extend the reach and impact of CFMs by increasing sales for certified producers who are generally unable to make it viable to sell in isolated locations that lack traditional farmers’ markets. Supporters state that with passage of this bill, California can lead the way in providing new and innovative access points to connect farmers with WIC participants.
ARGUMENTS IN OPPOSITION: The Department of Finance (DOF) submitted a letter of opposition to a prior version (June 17) version of this bill. According to DOF, it is opposed to this bill because it results in General Fund costs not included in the administration’s spending plan. The DOF cites CDFA concerns that this bill may result in enforcement costs in counties with large numbers of mobile food vendors that may not meet the qualifications. Additional, CDFA has concerns about potential lost revenues to certified farmers’ markets if they are diverted to competing mobile markets, creating financial incentives for farmers to sell produce outside of the certified farmers’ markets to avoid market fees.
ASSEMBLY FLOOR: 73-0, 5/21/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas
Prepared by: Vincent D. Marchand / HEALTH / (916) 651-4111
8/19/24 12:35:59
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2786 (Bonta) - Certified mobile farmers’ markets
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 2786 would require the California Department of Public Health (CDPH), at the time of the next state plan submission to the United States Department of Agriculture (USDA), to include criteria to authorize certified mobile farmers’ markets to participate in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Farmers Market Nutrition Program.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 15, 2024
Fiscal Impact:
- Annual costs of approximately $150,000 (federal funds) for three fiscal years for the CDPH to promulgate regulations establishing certified mobile farmers’ markets criteria should the USDA approve the state plan.
- Unknown costs for the Department of Food and Agriculture for state administration. Costs would be offset by registration fee revenues into the Department of Food and Agriculture Fund.
Author Amendments:
- Revise the definition of a “certified mobile farmers’ market.”
- Require an operator of a certified mobile farmers’ market to register annually with the Department of Food and Agriculture.
- Authorize an annual registration fee of up to $200 annually; require the fees to be deposited in the Department of Food and Agriculture Fund to be used by the department for administration.
-- END --
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2786 (Bonta) - Certified mobile farmers’ markets
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 2786 would require the California Department of Public Health (CDPH), at the time of the next state plan submission to the United States Department of Agriculture (USDA), to include criteria to authorize certified mobile farmers’ markets to participate in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Farmers Market Nutrition Program.
Fiscal Impact:
The CDPH estimates limited-term, annual costs of approximately $150,000 (federal funds) for three fiscal years to promulgate regulations establishing certified mobile farmers’ markets criteria should the USDA approve the state plan.
Background:
The federal WIC program under the USDA provides grants to states for supplemental foods, health care referrals, and nutrition education for low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk. There is a WIC Authorized Food List Shopping Guide that provides information about the foods authorized by WIC. There is a WIC Food Balance on each person’s WIC card that lists the types and amounts of foods participants can buy with the WIC card, and not all foods included in the Shopping Guide are available to all participants. There is also a WIC Fruits and Vegetables Benefit that offers a monthly cash-value benefit on the WIC card for the purchase of fruits and vegetables, whether fresh, dried, canned, or frozen.
Under the federal WIC Farmers Market Nutrition Program (FMNP), eligible WIC participants are issued FMNP coupons in addition to their regular WIC benefits, which can be used to buy eligible foods from farmers, farmers’ markets, or roadside stands that have been approved by the state agency to accept FMNP coupons. The FMNP provides one booklet of three $10 checks ($30 total) to eligible recipients for use at WIC-authorized Farmer’s Markets between May and November of each year. In 2019, the first farmer in California was authorized to accept the electronic WIC card, and according to CDPH, there are now more than 64 farmers authorized to accept the WIC card. In order to become a WIC authorized farmer, the farmer must have a current Producer’s Certificate issued by the county Agricultural Commissioner, must sell produce at a WIC authorized farmer’s market, and complete an application. To become a WIC authorized farmer’s market, it must be a Certified Farmer’s Market with a valid certificate issued by the county Agricultural Commissioner.
Proposed Law:
Specific provisions of the bill would:
- Define a “certified mobile farmers’ market” as a mobile market in any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail with a focus on it selling agricultural products, including fruits, vegetables, and herbs, directly to communities.
- Specify that the certified mobile farmers’ market must meet certain requirements.
- Require the CDPH, at the time of the next state plan submission to the Food and Nutrition Service of the USDA, to include criteria to authorize certified mobile farmers’ markets to participate in the WIC Farmers Market Nutrition Program.
- Require that if the state plan is approved, the CDPH must authorize certified mobile farmers’ markets to participate in the WIC Farmers’ Market Nutrition Program in California; and condition implementation only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized.
-- END --
SENATE COMMITTEE ON HEALTH
Senator Richard Roth, Chair
BILL NO: AB 2786
AUTHOR: | Bonta | ||
VERSION: | May 16, 2024 | ||
HEARING DATE: | June 12, 2024 | ||
CONSULTANT: | Vincent D. Marchand | ||
SUBJECT: Certified mobile farmers’ markets
SUMMARY:
Establishes a new category of food facility for a “certified mobile farmers’ market” that meets the requirements for mobile food facilities and that is required to sell agricultural products grown by California producers. Requires the California Department of Public Health to seek federal approval to authorize certified mobile farmers’ markets to participate in the Farmers Market Nutrition Program of the Supplemental Nutrition Program for Women, Infants, and Children.
Existing law:
- Defines “certified farmers’ market” (CFM) as agricultural product point-of-sale locations that are registered with the Department of Food and Agriculture (CDFA) by applying for and obtaining a certificate from the county agricultural commission’s office in the county where the CFM is located. [FAC §47000, §47020]
- Requires a producer, before selling at a CFM, to apply for and obtain a certificate from the county agricultural commissioner’s office in the county in which the producer’s land or facility is located, and requires the application to include a declaration by the producer that the producer is knowledgeable of and intends to produce in accordance with good agricultural practices, as outlined in the Small Farm Food Safety Guidelines published by CDFA. [FAC §47020(c)]
- Requires that only the producer or the lawful authorized representative of the producer to sell agricultural products within the area defined as a CFM, and prohibits the sale of agricultural products purchased from another individual or entity with the understanding or knowledge that the products are intended to be resold at a CFM. [FAC §47004(b)]
- Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [HSC §113700, et seq.]
- Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. CFMs are included in the definition of food facility for purposes of permitting and enforcement of general sanitation requirements and requirements specified in the CalCode for CFMs. [HSC §113789]
- Requires CFMs to meet certain requirements for purposes of the CalCode, including that food be stored at least six inches off the floor or ground. Prohibits food preparation at CFMs, with the exception of food samples, and specifies that trimming whole produce for sale is not considered food preparation. [HSC §114370 et seq.]
- Defines “mobile food facility,” for purposes of the CalCode, as any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. Requires all mobile food facilities, except as specified, to operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency. Requires mobile food facilities to meet the applicable requirements of specified chapters of the CalCode unless specifically exempted from these requirements. [HSC §113831, §114294, §114295]
- Establishes the federal Supplemental Nutrition Program for Women, Infants, and Children (federal WIC) under the United States Department of Agriculture to provide grants to states for supplemental foods, health care referrals, and nutrition education for low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk. [42 USC §1786 et seq.]
- Establishes the federal WIC Farmers Market Nutrition Program (FMNP), under which eligible WIC participants are issued FMNP coupons in addition to their regular WIC benefits, which can be used to buy eligible foods from farmers, farmers’ markets, or roadside stands that have been approved by the state agency to accept FMNP coupons. [42 USC §1786(m)]
- Establishes the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) to implement the federal grant program, and as part of this program, requires the California Department of Public Health (CDPH) to authorize retail food vendors to accept nutrition coupons and reimbursement according to the system developed by CDPH. [HSC §123275 et seq.]
- Permits CDPH to establish a program designed to implement the WIC FMNP, which is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from CFMs, and to expand the awareness and use of CFMs and increase sales at those markets. [HSC §123279]
This bill:
- Defines “certified mobile farmers’ market” as a mobile market in any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail with a focus on it selling agricultural products, including fruits, vegetables, and herbs, directly to communities.
- Requires CDPH, at the time of the next state plan submission to the Food and Nutrition Service of the U.S. Food and Drug Administration (FDA), to include criteria to authorize certified mobile farmers’ markets to participate in the WIC FMNP.
- Requires CDPH to authorize certified mobile farmers’ markets, if the state plan is approved by the U.S. FDA, to participate in the WIC FMNP in California that is consistent with this bill. Requires this provision to be implemented only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized.
- Requires a certified mobile farmers’ market to meet the applicable general sanitation requirements applicable to food, as specified, and the requirements applicable to mobile food facilities, as specified.
- Requires a certified mobile farmers’ market to sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a certified producer’s certificate from a county agricultural commissioner, as specified.
- Requires a certified mobile farmers’ market to be operated by either a farmer, government agency, or nonprofit organization that is incorporated in California.
- Requires packaged agricultural products sold on a certified mobile farmers’ market to be labeled with the name and address of the farm of origin.
- Adds certified mobile farmers’ markets to provisions of law pertaining to the FMNP in California.
- States the intent of the Legislature that certified mobile farmers’ markets provide accessibility to foods that are grown, harvested, and produced in California by reaching residents in communities that have limited access to nutritious foods, supermarkets, and grocery stores, including communities in rural, underserved, and tribal areas.
FISCAL EFFECT:
According to the Assembly Appropriations Committee, CDFA estimates ongoing General Fund costs in the mid- to high hundreds of thousands of dollars. CDFA's Direct Marketing Program, Standardization Program, and State Organic Program would need to include MFMs in their enforcement efforts to ensure standardization and that laws and regulations governing organic food are being followed. CDFA indicates all programs would see increased county cooperative agreements for county agricultural commissioners that carry out respective inspection and enforcement activities. No costs to CDPH.
PRIOR VOTES:
Assembly Floor: | 73 - 0 |
Assembly Appropriations Committee: | 11 - 0 |
Assembly Health Committee: | 16 - 0 |
COMMENTS:
- Author’s statement. According to the author, too many Californians, particularly Californians of color, are living with largely preventable chronic conditions. The author asserts adequate food and nutrition are a fundamental part of preventing and treating chronic conditions, and can significantly improve a patient's quality of life and health status while also reducing healthcare costs. Further, the author asserts that low-income communities of color have disproportionate access to fresh fruits and vegetables. Across California, the author indicates, there are five active mobile markets operating in the Counties of Butte, Contra Costa, Marin, San Francisco, Santa Barbara, Santa Clara and Yolo, with an additional four in the planning stages in Alameda, Napa, Los Angeles, and San Luis Obispo counties. The author states that these programs are innovative strategies to increase fruit and vegetable consumption. The author concludes that this bill would allow WIC participants to use their WIC benefits at mobile farmer's markets, increasing access to fresh and healthy food.
- Food assistance programs and WIC. WIC is one of several federally funded food assistance programs, which include the Supplemental Nutrition Assistance Program (SNAP), which in California is known as CalFresh, the Senior Farmers Market Nutrition Program, as well as the School Breakfast and Lunch Programs. CalFresh is for low-income people who meet federal income eligibility rules, and provides a monthly dollar amount via an Electronic Benefits Card that works like a debit card and can be used to buy groceries at SNAP-authorized food retailers. WIC, on the other hand, provides for specific nutritional needs appropriate for pregnant, breastfeeding, and postpartum women, infants, and children up to five years old. There is a WIC Authorized Food List Shopping Guide that provides information about the foods authorized by WIC. There is a WIC Food Balance on each person’s WIC card that lists the types and amounts of foods participants can buy with the WIC card, and not all foods included in the Shopping Guide are available to all participants. There is also a WIC Fruits and Vegetables Benefit that offers a monthly cash-value benefit on the WIC card for the purchase of fruits and vegetables, whether fresh, dried, canned, or frozen. The dollar amounts vary depending on whether the beneficiary is a child or a pregnant, breastfeeding, or postpartum woman.
The WIC Farmers’ Market Nutrition Program is an additional benefit to encourage the consumption of fresh, locally grown fruits and vegetables, and encourages shopping at farmer’s markets. The FMNP provides one booklet of three $10 checks ($30 total) to eligible recipients for use at WIC-authorized Farmer’s Markets between May and November of each year. In 2019, the first farmer in California was authorized to accept the electronic WIC card, and according to CDPH, there are now more than 64 farmers authorized to accept the WIC card. In order to become a WIC authorized farmer, the farmer must have a current Producer’s Certificate issued by the county Agricultural Commissioner, must sell produce at a WIC authorized farmer’s market, and complete an application. To become a WIC authorized farmer’s market, it must be a Certified Farmer’s Market with a valid certificate issued by the county Agricultural Commissioner. - Existing mobile farmers’ markets. According to information provided by the author, California is home to five active mobile farmers’ markets operating across Butte, Contra Costa, Marin, San Francisco, Santa Barbara, Santa Clara and Yolo counties, with an additional four in the planning stages in Alameda, Napa, Los Angeles, and San Luis Obispo counties. One example is “The Rollin’ Root” operated by the Agricultural Institute of Marin, one of the sponsors of this bill. The Rollin’ Root is a food truck stocked with seasonal fruits, vegetables, and dairy products from the farmers’ markets, and makes stops throughout Marin County and San Francisco on a set schedule. The Rollin’ Root accepts CalFresh, as well as participates in the Senior Farmers Market Nutrition Program.
The author states that these mobile markets are permitted by local environmental health departments as mobile food facilities, and are also licensed by CDFA as produce dealers. These mobile markets are able to be authorized as “delivery routes” to accept CalFresh benefits. However, these mobile farmers’ markets are technically not “Certified Farmer’s Markets,” and therefore do not meet the eligibility requirements for WIC FMNP. The requirements to obtain certification as a CFM under state law appears to preclude a mobile farmer’s market from qualifying. For example, applicants have to include a map that clearly locates and identifies the defined marketing area where only agricultural products may be sold. Additionally, farmers are only permitted to sell their own produce at CFMs, and mobile farmers’ markets are generally selling produce sourced at CFMs but are not the producers themselves. - Related legislation. AB 1975 (Bonta) establishes medically supportive food and nutrition interventions as a Medi-Cal covered benefit when medically necessary in treating a patient’s medical condition, subject to specifications and utilization controls, starting no sooner than July 1, 2026. AB 1975 is set for hearing on June 12, 2024 in this Committee.
- Prior legislation. SB 972 (Gonzalez, Chapter 489, Statutes of 2022) establishes a new type of retail food facility called a “compact mobile food operation” (CMFO) as a subcategory of mobile food facility that is nonmotorized and operates from a pushcart or stand; exempts CMFOs from various provisions of the retail food code law, including certain sink requirements; prohibits criminal penalties from applying to CMFOs and instead limits enforcement to administrative penalties; and exempts sales from CMFOs from counting toward the limits for cottage food operators or microenterprise home kitchens.
AB 3336 (Carrillo, Chapter 105, Statutes of 2020) requires ready-to-eat food delivered by third-party food delivery services to be transported in a manner that protects the food from contamination and spoilage, including by requiring the interior floor, sides, and top of the food holding area to be clean, requiring the food to be maintained at a holding temperature necessary to prevent spoilage, and by requiring bags or containers to be closed with a tamper-evident method prior to the food deliverer taking possession of the ready-to-eat food. - Support. This bill is co-sponsored by the Agricultural Institute of Marin and Fresh Approach, and supported by a large coalition of organizations. Supporters state that mobile farmers’ markets are a proven and innovative model for bringing affordable, local, culturally relevant produce to underserved communities while providing economic stimulus to California farmers. Supporters state that under the WIC FMNP, participants are issued $30 per month in coupons from May to November in addition to their regular WIC benefits to purchase produce from farmers, farmers’ markets, or roadside stands, and that federal funds support 100% of the food costs. According to supporters, 10 other states already authorize some form of mobile farmers’ markets to accept WIC FMNP benefits. Supporters state that this bill would allow many WIC FMNP participants who already are using benefits such as CalFresh and the California Nutrition Incentive Program to access fruits and vegetables at mobile farmers’ markets. Supporters state that mobile farmers’ markets are run exclusively by non-profit organizations, partner with one or more farmers, and only sell retail direct (not wholesale) with a mission to support low-income communities. Mobile farmers’ markets extend the reach and impact of CFMs by increasing sales for certified producers who are generally unable to make it viable to sell in isolated locations that lack traditional farmers’ markets. Supporters state that with passage of this bill, California can lead the way in providing new and innovative access points to connect farmers with WIC participants.
- Policy comment. One of the objectives of this bill is to permit these mobile farmers’ markets to participate in the WIC FMNP. Because only CFMs can participate in that program, this bill seeks to define these mobile farmers’ markets as “certified mobile farmer’s markets” in an effort to meet the qualifications for the WIC FMNP. However, this bill does not amend the Food and Agricultural Code where requirements for CFMs are delineated. The WIC FMNP program requires the farmer’s market to be “certified by a county Agricultural Commissioner,” but this bill does not include that requirement. As detailed in Comment 3) above, it is not clear that these mobile farmers’ markets could meet the requirements for certification as a CFM absent an amendment to the Food and Agriculture Code to give authority to county Agricultural Commissioners to do so.
SUPPORT AND OPPOSITION:
Support: Agricultural Institute of Marin (co-sponsor)
Fresh Approach (co-sponsor)
Alchemist Community Development Corporation
American Diabetes Association
Blue Zones Project Upper Napa Valley
Butte County Local Food Network
California Food and Farming Network
Center for Land-Based Learning
Ceres Community Project
Dare 2 Dream Farms
Dragonspunk
Everyone’s Harvest
ExtraFood
Farming Hope
Foodwise
GLIDE
Interfaith Sustainable Food Collaborative
Marin County Cooperation Team
Marin Food Policy Council
Mercy Housing
Napa Farmers Market
NextGen California
North Coast Growers Association
Occidental Community Farmers Market
Orange Home Grown Foundation, Inc.
Patricia Caplan Consulting
Roots of Change
Route One Farmers Market
Sustainable Agriculture Education
The Praxis Project
Urban Village Farmers’ Market Association
Oppose: None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2786
Author:(Bonta)
As Amended Ver:May 16, 2024
Majority vote
SUMMARY
Revises the California Retail Food Code (CRFC) to include a certified mobile farmers' market (MFM), as defined, and impose upon the MFM the uniform health and sanitation standards for mobile food facilities and general food safety requirements. Requires the California Department of Public Health (DPH) to include criteria in the next state plan submission to the United States Department of Agriculture (USDA) to authorize certified mobile farmers' markets to participate in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Farmers Market Nutrition Program (FMNP). Requires, if the state plan is approved, DPH to authorize certified mobile farmers' markets to participate in the program, and would require certified mobile farmers' markets to, among other things, sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a certified producer's certificate.
Major Provisions
COMMENTS
- WIC. WIC is a federally funded nutrition and health program that provides education and food. WIC responds, up to a child's fifth birthday, with nutritious food, parenting and nutrition education, support for breastfeeding mothers and babies, referrals for services needed by the family, and requirements for medical care to continue participation. California WIC, administered by DPH, contracts with 84 local agencies that operate 500 service sites statewide. The WIC local agencies, which include local health departments and non-profit agencies, certify participant eligibility, provide nutrition education and counseling as well as breastfeeding support, and provide referrals to healthcare and other community resources, and issue the California WIC card for families to purchase nutritious foods.
- WIC Farmers' Markets. The WIC FMNP provides one booklet of three $10 checks ($30 total) to eligible recipients for use at WIC-authorized Farmers' Markets between May and November of each year which WIC participants can use alongside their regular WIC benefits. These coupons can be used to buy eligible foods from farmers, farmers markets or roadside stands that have been approved by the state agency to accept FMNP coupons.
- MFMs. MFMs are an emerging strategy to address disparities in access to fresh produce such as fruits, vegetables and herbs. Unlike traditional farmers' markets, which are stationary and typically located in more affluent areas, MFMs operate on wheels, traveling to neighborhoods where access to fresh produce is limited. By bringing fruits and directly to communities, MFMs increase access for individuals who may otherwise rely on convenience stores with limited availability of fresh produce.
MFMs are typically operated by community-based organizations. California is home to five active MFMs—operating across Alameda, Contra Costa, Marin, Sacramento, San Francisco, San Mateo, Santa Barbara, and Santa Clara counties, with an additional four MFMs in the planning stages in Napa, Los Angeles, and San Luis Obispo counties.
There is no current definition of MFMs in state law. MFMs are currently recognized as mobile food facilities under CRFC, and meet strict health and safety guidelines set forth by local environmental health authorities for permitted mobile food facilities. MFMs are also licensed by the California Department of Food and Agriculture (CDFA), Market Enforcement Branch, as produce dealers, enabling their purchase of California Farm Products. This bill creates a statutory definition of certified MFMs.
MFMs are unable to redeem benefits from the WIC program. The WIC vendor application process managed by DPH does not recognize MFMs as a vendor type. By November 15 of each year, each state agency applying to or participating in the WIC FMNP program must submit a state plan to the USDA and enter into a written agreement with the USDA for administration of the program. This bill directs DPH to include in their next state submission criteria to authorize certified MFMs to participate in WIC FMNP. If approved, this bill would require DPH to authorize certified MFMs to participate in WIC FMNP.
According to the Author
Too many Californians, particularly Californians of color, are living with largely preventable chronic conditions. The author asserts adequate food and nutrition are a fundamental part of preventing and treating chronic conditions, and can significantly improve a patient's quality of life and health status while also reducing healthcare costs. Further, the author asserts that low-income communities of color have disproportionate access to fresh fruits and vegetables. Across California, the author indicates, there are five active mobile markets in the Counties of Butte, Contra Costa County, Marin, Sacramento, Santa Barbara, as well as the City and County of San Francisco. The author states that these programs are innovative strategies to increase fruit and vegetable consumption. The author concludes that this bill would allow WIC participants to use their WIC benefits at mobile farmer's markets, increasing access to fresh and healthy food.
Arguments in Support
A coalition called Fresh Approach and AIM, cosponsors of this bill, states, as organizations focused on addressing food insecurity in California, support this bill because it will create a formal definition for MFMs in CRFC which will be a pathway to establish criteria for the authorization of MFMs as WIC vendors. This will allow many customers already using benefits such as CalFresh at MFM sites to utilize other nutrition safety net programs. A pathway for WIC retail approval would have positive ripple effects across the state by getting more fresh produce to underserved communities while simultaneously supporting the economic resiliency of our small farmers.
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, CDFA estimates ongoing General Fund costs in the mid- to high hundreds of thousands of dollars. CDFA's Direct Marketing Program, Standardization Program, and State Organic Program would need to include MFMs in their enforcement efforts to ensure standardization and that laws and regulations governing organic food are being followed. CDFA indicates all programs would see increased county cooperative agreements for county agricultural commissioners that carry out respective inspection and enforcement activities. No costs to CDPH.
VOTES
ASM HEALTH: 16-0-0
YES: Bonta, Waldron, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Jones-Sawyer, Maienschein, McCarty, Joe Patterson, Rodriguez, Sanchez, Santiago, Schiavo, Weber
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta
UPDATED
VERSION: May 16, 2024
CONSULTANT: Eliza Brooks / HEALTH / (916) 319-2097 FN: 0003397
Date of Hearing: May 15, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2786
Author:(Bonta) – As Introduced Ver:February 15, 2024
Policy Committee: | Health | Vote: | 16 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill defines a mobile farmers’ market (MFM) as a vehicle, used in conjunction with a permanent food facility, upon which food is sold or distributed at retail, with a focus on selling locally-grown fresh produce and other healthy food options, distributed directly to communities. The bill adds an MFM to the California Retail Food Code (CRFC) and imposes upon an MFM the health and sanitation standards for a mobile food facility. This bill also requires the California Department of Public Health (CDPH) to establish criteria to authorize an MFM as a vendor for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC).
Specifically, this bill:
- Defines “MFM” as any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail, with a focus on selling fresh fruits, vegetables, and other healthy food options, grown by local farmers and distributed directly to communities.
- Authorizes an MFM to sell or provide a variety of foods, including eggs, honey, and refrigerated fresh meats and dairy products.
- Authorizes an MFM to be operated by a third party, including a nonprofit organization incorporated in California, that buys, aggregates, sells, or distributes foods grown by local farmers.
- Requires agricultural products sold by the MFM be grown or produced by local farmers, with an emphasis on small- and medium-sized farms and socially disadvantaged farmers or ranchers, as defined, and food grown using regenerative, organic, or other climate-smart practices. Requires packaged agricultural products to be labeled with the name and address of the farm of origin.
- Requires CDPH to establish criteria for the authorization of mobile farmers’ markets when establishing criteria for WIC vendor authorization.
FISCAL EFFECT:
The California Department of Food and Agriculture (CDFA) estimates costs between $526,000 and $946,000, with costs to CDFA’s Direct Marketing Program, Standardization Program, and State Organic Program to include MFMs in their enforcement efforts to ensure standardization and that laws and regulations governing organic food are being followed (special funds). CDFA indicates all programs would see increased county cooperative agreements for county agricultural commissioners that carry out respective inspection and enforcement activities. CDFA also anticipates lost revenues to Certified Farmers Markets (CFMs) if customers instead patronize an MFM.
No costs to CDPH.
COMMENTS:
- Purpose. This bill is cosponsored by AIM and a coalition called Fresh Approach. According to the author:
Too many Californians, particularly Californians of color, are living with largely preventable chronic conditions. Adequate food and nutrition are a fundamental part of preventing and treating chronic conditions, and can significantly improve a patient's quality of life and health status while also reducing healthcare costs. Further, low-income communities of color have disproportionate access to fresh fruits and vegetables. MFMs have emerged as a strategy to improve fruit and vegetable access and consumption, particularly among low-income, minority, and other vulnerable populations (such as older adults and children) in food desert neighborhoods. Across California, there are five active mobile markets in the Counties of Butte, Contra Costa County, Marin, Sacramento, Santa Barbara, as well as the City and County of San Francisco. These programs are innovative strategies to increase fruit and vegetable consumption. This bill will allow WIC participants to use their WIC benefits at mobile farmer’s markets, increasing access to fresh and healthy food.
- Support. Cosponsors of this bill state this bill will create a formal definition for MFMs in the CRFC, which will be a pathway to establishing criteria for the authorization of MFMs as WIC vendors. The cosponsors contend this will allow many customers already using benefits such as CalFresh at MFM sites to utilize other nutrition safety net programs. The cosponsors contend this will help get more fresh produce to underserved communities while simultaneously supporting the economic resiliency of small farmers.
- CDFA Concerns. CDFA states that allowing MFMs to operate and compete directly with CFMs would result in depressed revenue streams for the 2,700 certified producers and market operators of 655 CFMs. CDFA contends producers could potentially leave a CFM and operate under an MFM to avoid paying fees and abiding by market rules, undermining the Direct Marketing Program.
- Related Legislation. AB 1975 (Bonta) adds medically supportive food and nutrition interventions as a covered Medi-Cal benefit. AB 1975 is pending in this committee.
Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081
Date of Hearing: April 23, 2024
ASSEMBLY COMMITTEE ON HEALTH
Mia Bonta, Chair
ABPCA Bill Id:AB 2786
Author:((Bonta) – As Introduced Ver:February 15, 2024
SUBJECT: Mobile farmers’ markets.
SUMMARY: Revises the California Retail Food Code (CRFC) to include a mobile farmers’ market (MFM), as defined, and impose upon the MFM the uniform health and sanitation standards for mobile food facilities and general food safety requirements, and require DPH to establish criteria to authorize MFMs as vendors for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). Specifically, this bill:
- Defines “MFM” as any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail, with a focus on selling fresh fruits, vegetables, and other healthy food options, grown by local farmers and distributed directly to communities.
- Authorizes MFMs to sell or provide a variety of foods, including shell eggs, honey, and refrigerated fresh meats.
- Authorizes a MFM to be operated by a third party, including a nonprofit organization incorporated in California that buys, aggregates, sells, or distributes foods grown by local farmers.
- Requires that agricultural products sold by the MFM be grown or produced by local farmers, with an emphasis on small- and medium-sized farms, socially disadvantaged farmers or ranchers, as defined, and food grown using regenerative, organic, or other climate-smart practices. Requires packaged agricultural products to be labeled with the name and address of the farm of origin.
- Requires DPH to establish criteria for the authorization of mobile farmers’ markets when establishing criteria for WIC vendor authorization.
EXISTING LAW:
- Requires the State Department of Public Health (DPH), under the California Special Supplemental Food Program for Women, Infants, and Children (WIC), to authorize retail food vendors, by written agreement, to accept nutrition coupons and reimbursement according to the system developed by DPH. [Health and Safety (HSC) § 123310]
- Requires DPH to establish requirements for all of the following in order to effectively manage and administer the federal and state requirements for the vendors in the WIC Program, and remain in compliance with the conditions of federal funding:
- Peer groups and a corresponding reimbursement system;
- Criteria used for vendor authorization; and,
- The WIC Program authorized foods. [HSC § 123322]
FISCAL EFFECT: Unknown. This bill has not yet been analyzed by a fiscal committee.
COMMENTS:
- PURPOSE OF THIS BILL. According to the author, too many Californians, particularly Californians of color, are living with largely preventable chronic conditions. The author asserts adequate food and nutrition are a fundamental part of preventing and treating chronic conditions, and can significantly improve a patient's quality of life and health status while also reducing healthcare costs. Further, the author asserts that low-income communities of color have disproportionate access to fresh fruits and vegetables. The author continues that MFM have emerged as a strategy to improve fruit and vegetable access and consumption, particularly among low-income, minority, and other vulnerable populations (eg, older adults and children) in food desert neighborhoods. Across California, the author indicates, there are five active mobile markets in the Counties of Butte, Contra Costa County, Marin, Sacramento, Santa Barbara, as well as the City and County of San Francisco. The author states that these programs are innovative strategies to increase fruit and vegetable consumption. The author concludes that this bill would allow WIC participants to use their WIC benefits at mobile farmer’s markets, increasing access to fresh and healthy food.
- BACKGROUND.
- WIC. WIC is a federally funded nutrition and health program that provides education and food. The program is designed to provide temporary assistance during those brief periods in life which can become more challenging: during pregnancy, the birth of a newborn or having a young child with nutrition and/or health conditions.
WIC revenues are comprised of the federal grants and retained manufacturer rebates. The maximum number of participants served by WIC depends largely on food package costs.
To be eligible to receive WIC, applicants’ annual household income must fall at or below 185% of the federal poverty level (currently $55,500 for a family of four). Current recipients of Supplemental Nutrition Assistance Program (SNAP/CalFresh), Medi-Cal beneficiaries, or persons receiving Temporary Assistance for Needy Families, are adjunctively eligible. In federal fiscal year 2019 (October 1, 2018 to September 30, 2019), WIC served about 6.4 million participants per month nationwide, including nearly one million participants per month in California. In California, nearly 60% of infants born each year are eligible for WIC.
WIC responds, up to a child's fifth birthday, with nutritious food, parenting and nutrition education, support for breastfeeding mothers and babies, referrals for services needed by the family, and requirements for medical care to continue participation.
- California WIC. California WIC, administered by DPH, contracts with 84 local agencies that operate 500 service sites statewide. The WIC local agencies, which include local health departments and non-profit agencies, certify participant eligibility, provide nutrition education and counseling as well as breastfeeding support, and provide referrals to healthcare and other community resources. In addition, the WIC local agencies issue the California WIC Card for families to purchase specific foods that provide key nutrients needed by pregnant and breastfeeding mothers, infants and young children. The WIC Program recognizes and promotes breastfeeding as the natural source of nutrition and immunity from disease for infants. For women who choose to not fully breastfeed their infants, participants are provided with monthly benefits to purchase iron-fortified infant formula. Participants can use their WIC Card to purchase nutritious food items at nearly 4,000 WIC-authorized grocery stores throughout California. In addition, many WIC families are provided checks to purchase fresh fruits, vegetables, and herbs from local WIC authorized farmers' markets through the WIC Farmers' Market Nutrition Program.
- WIC Farmers’ Markets. The WIC Program supports the consumption of fresh, locally grown fruits and vegetables, and encourages shopping at farmers' markets. The WIC Farmers' Market Nutrition Program (FMNP) provides one booklet of three $10 checks ($30 total) to eligible recipients for use at WIC-authorized Farmers' Markets between May and November of each year which WIC participants can use alongside their regular WIC benefits. These coupons can be used to buy eligible foods from farmers, farmers markets or roadside stands that have been approved by the state agency to accept FMNP coupons. According to DPH’s website, in August of 2019, the first farmer in California was authorized to accept the electronic Cash Value Benefit using a wireless terminal. Currently, there are over 64 farmers authorized to accept the California WIC Card.
- Strategies to Address Diet- Related Chronic Diseases. Diet-related chronic diseases such as heart disease, cerebrovascular disease, cancer, and diabetes, are the leading causes of death and disability in the United States. Nutrition interventions for preventing and managing chronic disease commonly focus on improving diet quality. Some communities have limited access to, and inadequate consumption of, fruits and vegetables. Many food system and community-based strategies, including farmers markets, community gardens, community-supported agriculture, and food hubs, have emerged to address health disparities related to these realities. One such strategy to address disparities in access to produce are MFMs.
- MFMs. According to the sponsor, MFMs are innovative models designed to bring fresh, locally grown produce directly to underserved communities. A MFM serves as a consolidated farmers’ market that can be transported in a vehicle to food deserts, low-income communities, senior housing sites, and areas with limited fresh, healthy food options. Unlike traditional farmers' markets, which are stationary and typically located in more affluent areas, MFMs operate on wheels, traveling to neighborhoods where access to fresh, healthy foods is limited. MFMs bridge the gap between food deserts—areas lacking access to fresh produce—and local farms, filling a gap in logistics that have long created barriers to nourishment in our communities. By bringing fruits, vegetables, and other farm-fresh goods directly to communities, MFMs make nutritious, culturally relevant options more accessible to individuals who might otherwise rely on convenience stores with limited availability of fresh produce. According to a program evaluation provided by the Agricultural Institute of Marin (AIM) on the Rollin’ Root mobile farmer’s market (which AIM operates) found that Rollin’ Root had an impact on increasing the consumption of fresh fruits and vegetables. Specifically, they state: “We found that regardless of whether the customers were consuming light to medium or medium to heavy levels of fresh fruits and vegetables before shopping at the Rollin’ Root they increased their consumption of fresh fruits and vegetables by two-thirds and at least one-half respectively after shopping at the Rollin’ Root.”
MFMs are typically operated by community-based organizations, and not necessarily operated by the farmers/producers selling their own agricultural products. California is home to five active MFMs—operating across Alameda, Contra Costa, Marin, Sacramento, San Francisco, San Mateo, Santa Barbara, and Santa Clara counties, with an additional four MFMs in the planning stages in Napa, Los Angeles, and San Luis Obispo counties.
There is no current definition of MFMs in HSC. MFMs are currently recognized as mobile food facilities under CRFC, and meet strict health and safety guidelines set forth by local environmental health authorities for permitted mobile food facilities. MFMs are also licensed by the State Department of Food and Agriculture (CDFA), Market Enforcement Branch, as produce dealers, enabling their purchase of California Farm Products. MFMs meet strict health and safety guidelines set forth by local environmental health authorities for permitted mobile food facilities.
MFMs can be authorized as “Delivery Routes” by the U.S. Department of Agriculture to accept SNAP benefits—the federal name of the CalFresh program—and offer a Market Match through the California Nutrition Incentive Program,
MFMs are unable to redeem benefits from the WIC Program. The WIC vendor application process managed by DPH does not recognize MFMs as a vendor type. WIC families are unable to use the monthly cash-value benefit on their California WIC Card for fruits and vegetables purchases at MFMs.
- SUPPORT. A coalition called Fresh Approach and AIM, cosponsors of this bill, states, as organizations focused on addressing food insecurity in California, support this bill because it will create a formal definition for MFMs in CRFC which will be a pathway to establish criteria for the authorization of MFMs as WIC vendors. This will allow many customers already using benefits such as CalFresh at MFM sites to utilize other nutrition safety net programs. A pathway for WIC retail approval would have positive ripple effects across the state by getting more fresh produce to underserved communities while simultaneously supporting the economic resiliency of our small farmers.
- RELATED LEGISLATION. AB 1975 (Bonta) of 2024 adds medically supportive food and nutrition interventions as a covered Medi-Cal benefit. AB 1975 passed the Assembly Committee on Health on April 16 with a vote of 14-1 and is currently pending in the Assembly Appropriations Committee.
- PREVIOUS LEGISLATION.
- AB 2322 (Gatto), Chapter 787, Statutes of 2012, requires DPH to adopt regulations to specify the criteria to be used and actions to be taken when initiating a moratorium on new WIC Program retail food vendor location applications.
- SB 1240 (Burton), Chapter 21, Statutes of 1999, requires the Department of Health Services (now DPH) to adopt and enforce standards to control food reimbursement costs in order to maximize participant access and ensure the integrity of the Special Supplemental Food Program for WIC.
- AB 2322 (Gatto), Chapter 787, Statutes of 2012, requires DPH to adopt regulations to specify the criteria to be used and actions to be taken when initiating a moratorium on new WIC Program retail food vendor location applications.
- POLICY COMMENTS. DPH indicates that the federal regulations governing the WIC FMNP currently do not include a definition of a MFMs. The author may wish to consider continuing to work with DPH and CDFA to ascertain how to best ensure that MFMs are authorized to receive WIC in accordance with existing federal regulations.
REGISTERED SUPPORT / OPPOSITION:
Support
Agricultural Institute of Marin (cosponsor)
Fresh Approach (cosponsor)
American Diabetes Association
Blue Zones Project- Upper Napa Valley
Butte County Local Food Network
California Food and Farming Network
Center for Land-Based Learning
Ceres Community Project
Dare 2 Dream Farms
Dragonspunk GRO
Everyone’s Harvest
ExtraFood
Farming Hope
Foodwise
GLIDE
Interfaith Sustainable Food Collaborative
Marin Food Policy Council
Marin County Cooperation Team
Mercy Housing
Napa Farmers Market
North Coast Growers Association
Occidental Community Farmers Market
Orange Home Grown Foundation
Patricia Caplan Consulting
Roots of Change
Route One Farmers Market
Sustainable Agriculture Education (SAGE)
The Praxis Project
Urban Village Farmers’ Market Association
Opposition
None on file.
Analysis Prepared by: Eliza Brooks / HEALTH / (916) 319-2097
Bill Author
