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)

February 15, 2024

An act to amend Section 123322 123279 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 certified mobile farmers’ markets.


LEGISLATIVE COUNSEL'S DIGEST


AB 2786, as amended, Bonta. Mobile 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.

(1)Existing

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 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)The

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.

 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’ 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, 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 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:
CHAPTER  12.3. Certified Mobile Farmers’ Markets

114374.
 (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 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.

 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 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.