Bill Text: CA AB226 | 2015-2016 | Regular Session | Chaptered
Bill Title: Retail food safety: fishermen's markets.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 615, Statutes of 2015. [AB226 Detail]
Download: California-2015-AB226-Chaptered.html
BILL NUMBER: AB 226 CHAPTERED
BILL TEXT
CHAPTER 615
FILED WITH SECRETARY OF STATE OCTOBER 8, 2015
APPROVED BY GOVERNOR OCTOBER 8, 2015
PASSED THE SENATE SEPTEMBER 9, 2015
PASSED THE ASSEMBLY SEPTEMBER 10, 2015
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE AUGUST 19, 2015
AMENDED IN SENATE JUNE 29, 2015
AMENDED IN ASSEMBLY APRIL 16, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Atkins
(Coauthors: Assembly Members Chávez, Jones, Maienschein, Waldron,
and Weber)
(Coauthors: Senators Anderson, Bates, Block, and Hueso)
FEBRUARY 3, 2015
An act to amend Sections 113779, 113789, 113839, 113984, and
114266 of, to add Sections 113729.5, 113780, and 113794.3 to, and to
add Chapter 12.7 (commencing with Section 114378) to Part 7 of
Division 104 of, the Health and Safety Code, relating to food safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 226, Atkins. Retail food safety: fishermen's markets.
Existing law, the California Retail Food Code, establishes uniform
health and sanitation standards for, and provides for regulation by
the State Department of Public Health of, retail food facilities and
various types of food. Among other things, the code requires
nonpermanent food facilities that handle nonprepackaged food to
protect the food from contamination and limit the display and
handling of nonprepackaged food. The code also establishes specified
food safety and sanitation requirements for certified farmers'
markets governing food preparation, storage, and sampling, among
other things. Under existing law, local health agencies are primarily
responsible for enforcing the code. A person who violates any
provision of the code is guilty of a misdemeanor, except as otherwise
provided.
This bill would create a new type of nonpermanent food facility,
defined as a "fishermen's market," that would be a food facility
operated by a licensed commercial fisherman or an entity representing
two or more California-licensed commercial fishermen or
California-licensed commercial fishermen and California-registered
aquaculturists, that sells only raw edible aquatic plants, raw fresh
fish, or fresh frozen fish, caught by California-licensed commercial
fishermen or harvested by California-registered aquaculturists,
directly to consumers. The bill would establish and impose food
safety and sanitation requirements upon a fishermen's market. The
bill would authorize only a licensed commercial fisherman or an
entity representing two or more California-licensed commercial
fishermen or California-licensed commercial fishermen and
California-registered aquaculturists to act as the responsible person
and sole permitholder for a fishermen's market, and would require
that fisherman or entity to submit a permit application and site
plan, including specified information, to the enforcement agency at
least 2 weeks prior to the operation of the fishermen's market. The
bill would define terms for its purposes and make conforming changes.
This bill would incorporate additional changes to Section 113789
of the Health and Safety Code, proposed by AB 143 and AB 234, that
would become operative only if this bill and either or both of those
bills are chaptered and become effective January 1, 2016, and this
bill is chaptered last.
By imposing new enforcement requirements on local health agencies,
and by creating a new crime, the bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 113729.5 is added to the Health and Safety
Code, to read:
113729.5. "Acceptable market name" means a name that the FDA
recognizes as a suitable statement of identity, as described in
Section 101.3 of Title 21 of the Code of Federal Regulations, in the
labeling of a species. An acceptable market name fairly represents
the identity of the species to United States consumers because it is
not confusingly similar to the name of another species and because it
is not otherwise misleading. An acceptable market name may be any of
the following:
(a) A common or usual name established by either a history of
common usage in the United States or by regulation.
(b) The common name.
(c) A name specifically coined as the market name for a species.
For example, "basa" is the market name coined for Pangasius bocourti.
SEC. 2. Section 113779 of the Health and Safety Code is amended to
read:
113779. (a) "Fish" means fresh or saltwater finfish, crustaceans,
and other forms of aquatic life, other than birds or mammals, and
all molluscan shellfish, if intended for human consumption. "Fish"
also includes alligator, frog, aquatic turtle, jellyfish, sea
cucumber, and sea urchin, and the roe of these animals.
(b) "Fish" includes a product derived in whole or in part from
fish, including fish that have been processed in any manner.
SEC. 3. Section 113780 is added to the Health and Safety Code, to
read:
113780. "Fishermen's market" means a location that is operated by
a commercial fisherman licensed by the Department of Fish and
Wildlife or an entity representing two or more California-licensed
commercial fishermen or California-licensed commercial fishermen and
California-registered aquaculturists, that sells only raw edible
aquatic plants, raw fresh fish, or fresh frozen fish, caught by
commercial fishermen licensed by the Department of Fish and Wildlife
or harvested by California-registered aquaculturists, directly to
consumers.
SEC. 4. Section 113789 of the Health and Safety Code is amended to
read:
113789. (a) "Food facility" means an operation that stores,
prepares, packages, serves, vends, or otherwise provides food for
human consumption at the retail level, including, but not limited to,
the following:
(1) An operation where food is consumed on or off the premises,
regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in
this subdivision, including, but not limited to, storage facilities
for food-related utensils, equipment, and materials.
(b) "Food facility" includes permanent and nonpermanent food
facilities, including, but not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in
paragraph (13) of subdivision (c).
(4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers' markets, for purposes of permitting and
enforcement pursuant to Section 114370.
(10) Farm stands, for purposes of permitting and enforcement
pursuant to Section 114375.
(11) Fishermen's markets.
(c) "Food facility" does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are
used for storing or handling food.
(2) A private home, including a cottage food operation that is
registered or has a permit pursuant to Section 114365.
(3) A church, private club, or other nonprofit association that
gives or sells food to its members and guests, and not to the general
public, at an event that occurs not more than three days in any
90-day period.
(4) A for-profit entity that gives or sells food at an event that
occurs not more than three days in a 90-day period for the benefit of
a nonprofit association, if the for-profit entity receives no
monetary benefit, other than that resulting from recognition from
participating in an event.
(5) Premises set aside for wine tasting, as that term is used in
Section 23356.1 of the Business and Professions Code and in the
regulations adopted pursuant to that section, that comply with
Section 118375, regardless of whether there is a charge for the wine
tasting, if no other beverage, except for bottles of wine and
prepackaged nonpotentially hazardous beverages, is offered for sale
for onsite consumption and no food, except for crackers, is served.
(6) Premises operated by a producer, selling or offering for sale
only whole produce grown by the producer or shell eggs, or both,
provided the sales are conducted on premises controlled by the
producer.
(7) A commercial food processing establishment as defined in
Section 111955.
(8) A child day care facility, as defined in Section 1596.750.
(9) A community care facility, as defined in Section 1502.
(10) A residential care facility for the elderly, as defined in
Section 1569.2.
(11) A residential care facility for the chronically ill, which
has the same meaning as a residential care facility, as defined in
Section 1568.01.
(12) Premises set aside by a beer manufacturer, as defined in
Section 25000.2 of the Business and Professions Code, that comply
with Section 118375, for the purposes of beer tasting, regardless of
whether there is a charge for the beer tasting, if no other beverage,
except for beer and prepackaged nonpotentially hazardous beverages,
is offered for sale for onsite consumption, and no food, except for
crackers, pretzels, or prepackaged food that is not potentially
hazardous food is offered for onsite consumption.
(13) (A) An intermediate care facility for the developmentally
disabled, as defined in subdivisions (e), (h), and (m) of Section
1250, with a capacity of six beds or fewer.
(B) A facility described in subparagraph (A) shall report any
foodborne illness or outbreak to the local health department and to
the State Department of Public Health within 24 hours of the illness
or outbreak.
(14) A community food producer, as defined in Section 113752.
SEC. 4.3. Section 113789 of the Health and Safety Code is amended
to read:
113789. (a) "Food facility" means an operation that stores,
prepares, packages, serves, vends, or otherwise provides food for
human consumption at the retail level, including, but not limited to,
the following:
(1) An operation where food is consumed on or off the premises,
regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in
this subdivision, including, but not limited to, storage facilities
for food-related utensils, equipment, and materials.
(b) "Food facility" includes permanent and nonpermanent food
facilities, including, but not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in
paragraph (13) of subdivision (c).
(4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers' markets, for purposes of permitting and
enforcement pursuant to Section 114370.
(10) Farm stands, for purposes of permitting and enforcement
pursuant to Section 114375.
(11) Fishermen's markets.
(c) "Food facility" does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are
used for storing or handling food.
(2) A private home, including a cottage food operation that is
registered or has a permit pursuant to Section 114365.
(3) A church, private club, or other nonprofit association that
gives or sells food to its members and guests, and not to the general
public, at an event that occurs not more than three days in any
90-day period.
(4) A for-profit entity that gives or sells food at an event that
occurs not more than three days in a 90-day period for the benefit of
a nonprofit association, if the for-profit entity receives no
monetary benefit, other than that resulting from recognition from
participating in an event.
(5) Premises set aside for wine tasting, as that term is used in
Section 23356.1 of the Business and Professions Code and in the
regulations adopted pursuant to that section, that comply with
Section 118375, regardless of whether there is a charge for the wine
tasting, if no other beverage, except for bottles of wine and
prepackaged nonpotentially hazardous beverages, is offered for sale
for onsite consumption and no food, except for crackers, is served.
(6) An outlet or location, including, but not limited to,
premises, operated by a producer, selling or offering for sale only
whole produce grown by the producer or shell eggs, or both, provided
the sales are conducted at an outlet or location controlled by the
producer.
(7) A commercial food processing establishment as defined in
Section 111955.
(8) A child day care facility, as defined in Section 1596.750.
(9) A community care facility, as defined in Section 1502.
(10) A residential care facility for the elderly, as defined in
Section 1569.2.
(11) A residential care facility for the chronically ill, which
has the same meaning as a residential care facility, as defined in
Section 1568.01.
(12) Premises set aside by a beer manufacturer, as defined in
Section 25000.2 of the Business and Professions Code, that comply
with Section 118375, for the purposes of beer tasting, regardless of
whether there is a charge for the beer tasting, if no other beverage,
except for beer and prepackaged nonpotentially hazardous beverages,
is offered for sale for onsite consumption, and no food, except for
crackers, pretzels, or prepackaged food that is not potentially
hazardous food is offered for onsite consumption.
(13) (A) An intermediate care facility for the developmentally
disabled, as defined in subdivisions (e), (h), and (m) of Section
1250, with a capacity of six beds or fewer.
(B) A facility described in subparagraph (A) shall report any
foodborne illness or outbreak to the local health department and to
the State Department of Public Health within 24 hours of the illness
or outbreak.
(14) A community food producer, as defined in Section 113752.
SEC. 4.5. Section 113789 of the Health and Safety Code is amended
to read:
113789. (a) "Food facility" means an operation that stores,
prepares, packages, serves, vends, or otherwise provides food for
human consumption at the retail level, including, but not limited to,
the following:
(1) An operation where food is consumed on or off the premises,
regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in
this subdivision, including, but not limited to, storage facilities
for food-related utensils, equipment, and materials.
(b) "Food facility" includes permanent and nonpermanent food
facilities, including, but not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in
paragraph (13) of subdivision (c).
(4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers' markets, for purposes of permitting and
enforcement pursuant to Section 114370.
(10) Farm stands, for purposes of permitting and enforcement
pursuant to Section 114375.
(11) Fishermen's markets.
(c) "Food facility" does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are
used for storing or handling food.
(2) A private home, including a cottage food operation that is
registered or has a permit pursuant to Section 114365.
(3) A church, private club, or other nonprofit association that
gives or sells food to its members and guests, and not to the general
public, at an event that occurs not more than three days in any
90-day period.
(4) A for-profit entity that gives or sells food at an event that
occurs not more than three days in a 90-day period for the benefit of
a nonprofit association, if the for-profit entity receives no
monetary benefit, other than that resulting from recognition from
participating in an event.
(5) Premises set aside for wine tasting, as that term is used in
Section 23356.1 of the Business and Professions Code, or premises set
aside by a beer manufacturer, as defined in Section 25000.2 of the
Business and Professions Code, and in the regulations adopted
pursuant to those sections, that comply with Section 118375,
regardless of whether there is a charge for the wine or beer tasting,
if no other beverage, except for bottles of wine or beer and
prepackaged nonpotentially hazardous beverages, is offered for sale
or for onsite consumption and no food, except for crackers, pretzels,
or prepackaged food that is not potentially hazardous food is
offered for sale or for onsite consumption.
(6) Premises operated by a producer, selling or offering for sale
only whole produce grown by the producer or shell eggs, or both,
provided the sales are conducted on premises controlled by the
producer.
(7) A commercial food processing establishment as defined in
Section 111955.
(8) A child day care facility, as defined in Section 1596.750.
(9) A community care facility, as defined in Section 1502.
(10) A residential care facility for the elderly, as defined in
Section 1569.2.
(11) A residential care facility for the chronically ill, which
has the same meaning as a residential care facility, as defined in
Section 1568.01.
(12) (A) An intermediate care facility for the developmentally
disabled, as defined in subdivisions (e), (h), and (m) of Section
1250, with a capacity of six beds or fewer.
(B) A facility described in subparagraph (A) shall report any
foodborne illness or outbreak to the local health department and to
the State Department of Public Health within 24 hours of the illness
or outbreak.
(13) A community food producer, as defined in Section 113752.
SEC. 4.7. Section 113789 of the Health and Safety Code is amended
to read:
113789. (a) "Food facility" means an operation that stores,
prepares, packages, serves, vends, or otherwise provides food for
human consumption at the retail level, including, but not limited to,
the following:
(1) An operation where food is consumed on or off the premises,
regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in
this subdivision, including, but not limited to, storage facilities
for food-related utensils, equipment, and materials.
(b) "Food facility" includes permanent and nonpermanent food
facilities, including, but not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in
paragraph (13) of subdivision (c).
(4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers' markets, for purposes of permitting and
enforcement pursuant to Section 114370.
(10) Farm stands, for purposes of permitting and enforcement
pursuant to Section 114375.
(11) Fishermen's markets.
(c) "Food facility" does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are
used for storing or handling food.
(2) A private home, including a cottage food operation that is
registered or has a permit pursuant to Section 114365.
(3) A church, private club, or other nonprofit association that
gives or sells food to its members and guests, and not to the general
public, at an event that occurs not more than three days in any
90-day period.
(4) A for-profit entity that gives or sells food at an event that
occurs not more than three days in a 90-day period for the benefit of
a nonprofit association, if the for-profit entity receives no
monetary benefit, other than that resulting from recognition from
participating in an event.
(5) Premises set aside for wine tasting, as that term is used in
Section 23356.1 of the Business and Professions Code, or premises set
aside by a beer manufacturer, as defined in Section 25000.2 of the
Business and Professions Code, and in the regulations adopted
pursuant to those sections, that comply with Section 118375,
regardless of whether there is a charge for the wine or beer tasting,
if no other beverage, except for bottles of wine or beer and
prepackaged nonpotentially hazardous beverages, is offered for sale
or for onsite consumption and no food, except for crackers, pretzels,
or prepackaged food that is not potentially hazardous food is
offered for sale or for onsite consumption.
(6) An outlet or location, including, but not limited to,
premises, operated by a producer, selling or offering for sale only
whole produce grown by the producer or shell eggs, or both, provided
the sales are conducted at an outlet or location controlled by the
producer.
(7) A commercial food processing establishment as defined in
Section 111955.
(8) A child day care facility, as defined in Section 1596.750.
(9) A community care facility, as defined in Section 1502.
(10) A residential care facility for the elderly, as defined in
Section 1569.2.
(11) A residential care facility for the chronically ill, which
has the same meaning as a residential care facility, as defined in
Section 1568.01.
(12) (A) An intermediate care facility for the developmentally
disabled, as defined in subdivisions (e), (h), and (m) of Section
1250, with a capacity of six beds or fewer.
(B) A facility described in subparagraph (A) shall report any
foodborne illness or outbreak to the local health department and to
the State Department of Public Health within 24 hours of the illness
or outbreak.
(13) A community food producer, as defined in Section 113752.
SEC. 5. Section 113794.3 is added to the Health and Safety Code,
to read:
113794.3. "Fresh frozen" means that the food was quickly frozen
while still fresh, including immediately after the food had been
harvested or fish had been caught.
SEC. 6. Section 113839 of the Health and Safety Code is amended to
read:
113839. "Nonpermanent food facility" means a food facility that
operates from a mobile unit or at a nonpermanent location, including,
but not limited to, a certified farmers' market, a fishermen's
market, a mobile food facility, a mobile support unit, a temporary
food facility, or a vending machine.
SEC. 7. Section 113984 of the Health and Safety Code is amended to
read:
113984. (a) Adequate and suitable counter space shall be provided
for all food preparation operations.
(b) Except as specified in subdivision (c), food preparation shall
be conducted within a fully enclosed food facility.
(c) Limited food preparation shall be conducted within a food
compartment or as approved by the enforcement agency. Subject to
subdivision (g), this subdivision does not require an additional food
compartment when adding ingredients to a beverage or dispensing into
a serving container when the beverage is prepared for immediate
service in response to an individual consumer order.
(d) Food shall be prepared with suitable utensils and on surfaces
that, prior to use, have been cleaned, rinsed, and sanitized as
specified in Section 114117 to prevent cross-contamination.
(e) Overhead protection shall be provided above all food
preparation, food display, warewashing, and food storage areas.
(f) All food shall be thawed, washed, sliced, and cooled within an
approved fully enclosed food facility.
(g) Based upon local environmental conditions, location, and other
similar factors, the enforcement officer may establish additional
structural or operational requirements, or both, for mobile food
facilities as necessary to ensure that foods, food-contact surfaces,
and utensils are of a safe and sanitary quality.
SEC. 8. Section 114266 of the Health and Safety Code is amended to
read:
114266. (a) Each permanent food facility shall be fully enclosed
in a building consisting of permanent floors, walls, and an overhead
structure that meet the minimum standards as prescribed by this part.
Food facilities that are not fully enclosed on all sides and that
are in operation on January 1, 1985, shall not be required to meet
the requirements of this section until the facility is remodeled or
has a significant menu change or significant change in its method of
operation.
(b) Notwithstanding subdivision (a), this section does not require
the enclosure of dining areas or any other operation approved for
outdoor food service.
(c) Notwithstanding subdivision (a), a produce stand that was in
operation prior to January 1, 2007, shall have no more than one side
open to the outside air during business hours.
SEC. 9. Chapter 12.7 (commencing with Section 114378) is added to
Part 7 of Division 104 of the Health and Safety Code, to read:
CHAPTER 12.7. FISHERMEN'S MARKETS
114378. A fishermen's market shall meet the applicable
requirements of Chapter 1 (commencing with Section 113700), Chapter 2
(commencing with Section 113728), Chapter 3 (commencing with Section
113945), Chapter 4 (commencing with Section 113980), Chapter 5
(commencing with Section 114095), Chapter 6 (commencing with Section
114130), Chapter 7 (commencing with Section 114189), Chapter 8
(commencing with Section 114250), and Chapter 13 (commencing with
Section 114380), unless exempted as provided in this chapter.
114378.1. (a) Fish sold in a fishermen's market shall be raw and
may be displayed whole or eviscerated. A fisherman selling fish in a
fishermen's market shall only sell raw edible aquatic plants or fish
that he or she caught legally, or that was caught by one or two other
licensed commercial fishermen. If a fisherman sells fish caught by
another licensed commercial fisherman, the fisherman shall provide a
copy of that other fisherman's commercial license and contact
information upon the request of the enforcement agency.
(b) A fishermen's market may provide a separate service that
fillets, cuts, or packages fish for customers who purchase direct
sales of fish within the fishermen's market as a temporary food
facility, mobile food facility, or other facility approved by the
enforcement agency. A separate health permit is required and
applicable requirements for that category of permit shall be met.
(c) Fish parts from the day's operations may be used for bait by a
licensed commercial fisherman or registered aquaculturist.
(d) Ice used for refrigeration purposes shall not be used for
consumption in food or beverages.
(e) Notwithstanding subdivision (b) and Section 113818, raw fish
may be eviscerated at a fishermen's market.
114378.2. A fishermen's market shall meet all of the following
requirements:
(a) Each fishermen's market food booth shall post the name of the
fisherman, vessel or farm, and acceptable market name of fish sold
so they are legible and clearly visible to patrons.
(b) Notwithstanding Section 113953, handwashing facilities for a
fishermen's market food both that operates for three consecutive days
or less may include a container capable of providing a continuous
stream of water from an approved source that leaves both hands free
to allow vigorous rubbing with soap and warm water for 10 to 15
seconds, inclusive. A catch basin shall be provided to collect
wastewater, and the wastewater shall be properly disposed of
according to Section 114197.
(c) Handwashing facilities shall be equipped with handwashing
cleanser and single-use sanitary towels. A separate receptacle shall
be available for towel waste.
(d) Notwithstanding Section 114205, potable water shall be
available for handwashing and sanitizing as approved by the
enforcement agency.
(e) Approved toilet and handwashing facilities shall be available
within 200 feet of the premises of a fishermen's market or as
approved by the enforcement agency.
(f) All garbage and refuse shall be stored and disposed of in a
manner approved by the enforcement agency.
(g) Wastewater shall be disposed of in a facility connected to the
public sewer system or in a manner approved by the enforcement
agency.
(h) Floors shall be constructed of concrete, asphalt, tight wood,
or other similar cleanable material kept in good repair.
(i) Overhead protection shall be provided over the evisceration
process, food storage, food display, and warewashing areas. Overhead
protection shall be made of wood, canvas, or other materials that
protect the facility from precipitation, dust, bird and insect
droppings, and other contaminants.
(j) Notwithstanding Section 114095, approved warewashing
facilities may be shared if the sink is centrally located and is
adjacent to the sharing facilities. The enforcement agency may also
approve use of warewashing facilities within a permanent facility if
it is located within 200 feet of the premises of the fishermen's
market or as approved by the enforcement agency.
(k) Food-related and utensil-related equipment shall be located
and installed to prevent food contamination.
(l) During periods of inoperation, food, food equipment, and
utensils shall be stored within a fully enclosed facility approved by
the enforcement agency, or in approved food compartments where the
food, food equipment, and utensils are protected at all times from
contamination, exposure to the elements, ingress of rodents or other
vermin, and temperature abuse.
114378.3. (a) A permit application and site plan shall be
submitted to the enforcement agency at least two weeks prior to the
operation of a fishermen's market. Only California-licensed
commercial fishermen or an entity representing two or more
California-licensed commercial fishermen or California-licensed
commercial fishermen and California-registered aquaculturists may act
as the responsible person and sole permitholder for a fishermen's
market. The site plan shall include all of the following:
(1) A map with proposed locations of the fishermen's market food
booths, boundaries of the fishermen's market, restrooms, refuse
containers, potable water supply faucets, wastewater disposal
facilities, and all shared warewashing and handwashing facilities as
applicable.
(2) Details of the materials and methods used to construct the
food booths.
(3) Foods that will be handled and dispensed.
(4) Procedures for food handling, food temperature control, refuse
management, cleaning and sanitizing utensils and equipment, and
cleaning structures and premises.
(5) Procedures for transporting food to and from the fishermen's
market and actions taken to prevent contamination.
(6) List of names of licensed commercial fishermen or registered
aquaculturists, copies of their licenses or registrations, and a
document authorizing the organizer to act as the responsible person
and permitholder on their behalf.
(b) A fishermen's market may operate adjacent to, or in
conjunction with, a food facility or a community event. In those
situations, the fishermen's market is only subject to the limitations
and requirements of a fishermen's market. The other food facilities
remain subject to the limitations and requirements, including
separate permit requirements, that are applicable to the type of
facility being operated.
SEC. 10. (a) Section 4.3 of this bill incorporates amendments to
Section 113789 of the Health and Safety Code proposed by both this
bill and Assembly Bill 234. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2016, (2) each bill amends Section 113789 of the Health and Safety
Code, and (3) Assembly Bill 143 is not enacted or as enacted does not
amend that section, and (4) this bill is enacted after Assembly Bill
234, in which case Sections 4, 4.5, and 4.7 of this bill shall not
become operative.
(b) Section 4.5 of this bill incorporates amendments to Section
113789 of the Health and Safety Code proposed by both this bill and
Assembly Bill 143. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 113789 of the Health and Safety Code, (3)
Assembly Bill 234 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after Assembly Bill 143 in
which case Sections 4, 4.3, and 4.7 of this bill shall not become
operative.
(c) Section 4.7 of this bill incorporates amendments to Section
113789 of the Health and Safety Code proposed by this bill, Assembly
Bill 143, and Assembly Bill 234. It shall only become operative if
(1) all three bills are enacted and become effective on or before
January 1, 2016, (2) all three bills amend Section 113789 of the
Health and Safety Code, and (3) this bill is enacted after Assembly
Bill 143 and Assembly Bill 234, in which case Sections 4, 4.3, and
4.5 of this bill shall not become operative.
SEC. 11. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
