Bill Text: CA AB2786 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2786

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2786

Introduced by Assembly Member Bonta

February 15, 2024

An act to amend Section 123322 of, to add Section 113830 to, and to add Chapter 12.3 (commencing with Section 114374) to Part 7 of Division 104 of, the Health and Safety Code, relating to mobile farmers’ markets.

LEGISLATIVE COUNSEL'S DIGEST

AB 2786, as introduced, Bonta. Mobile farmers’ markets.

(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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 113830 is added to the Health and Safety Code, to read:

113830.

“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:

CHAPTER 12.3. Mobile Farmers’ Markets

114374.

(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 program’s ~~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 XIII B 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 XIII B of the California Constitution.