Bill Text: CA AB2786 | 2023-2024 | Regular Session | Amended
Bill Title: Certified mobile farmers’ markets.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed) 2024-06-24 - In committee: Referred to suspense file. [AB2786 Detail]
Download: California-2023-AB2786-Amended.html
|
Amended
IN
Senate
June 17, 2024 |
|
Amended
IN
Assembly
May 16, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2786
| Introduced by Assembly Member Bonta (Coauthor: Assembly Member Weber) (Coauthor: Senator Rubio) |
February 15, 2024 |
An act to amend Section 123279 of, and to add Section 113830 to, and to add Chapter 12.3 (commencing with Section 114374) to Part 7 of Division 104 of, 123281 to, the Health and Safety Code, relating to certified mobile farmers’ markets.
LEGISLATIVE COUNSEL'S DIGEST
AB 2786, as amended, Bonta.
Certified mobile farmers’ markets.
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 producer’s 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
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.“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.
(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.
(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 producer’s 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 producer’s 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.
