AB 441 California Assembly · 2023-2024 Regular Session

Temporary food facilities: permitting: farmers' markets and night markets.

Summary
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for temporary food facilities, and defines a temporary food facility to mean a food facility approved by an enforcement officer to operate at a fixed location for the duration of a community event, as specified. Existing law defines a community event as an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of a civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering events approved by the local enforcement agency. Existing law prohibits a temporary food facility from being open for business without a valid permit. Existing law requires an enforcement agency to issue a permit when investigation has determined a proposed facility meets the specifications of approved plans or conforms to the requirements of the California Retail Food Code. Existing law provides that a permit is only valid for the person, location, type of food sales, or distribution activity and, unless suspended or revoked for cause, for the time period indicated. A violation of the California Retail Food Code is a misdemeanor. This bill would include in the definition of a community event a farmers' market or night market conducted for not more than 90 consecutive or nonconsecutive days in a 12-month period. The bill would require a permit issued for a temporary food facility that operates at a farmers' market or night market to be valid for all locations of that community event. The bill would designate a permit issued pursuant to these provisions as a farmers' market or night market temporary food facility permit. By creating a new type of permit to be issued, thereby imposing duties on local enforcement agencies, and by changing the definition of a 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.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Floor Vote
Governor
Introduced Feb 6, 2023 Last action Feb 1, 2024
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
14
Key actions
3
Committee
9
Amendments
3
Feb 1, 2024
Lower · Passed
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
lower
Jan 3, 2024
Committee
Re-referred to Com. on RLS. pursuant to Assembly Rule 96.
lower
Aug 17, 2023
Committee
Re-referred to Com. on REV. & TAX.
lower
Aug 16, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
lower
Apr 24, 2023
Lower · Passed
In committee: Set, second hearing. Hearing canceled at the request of author.
lower
Apr 11, 2023
Committee
In committee: Set, first hearing. Referred to REV. & TAX. suspense file.
lower
Mar 30, 2023
Committee
Re-referred to Com. on REV. & TAX.
lower
Mar 29, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
lower
Mar 13, 2023
Committee
Re-referred to Com. on REV. & TAX.
lower
Mar 9, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
lower
Mar 9, 2023
Committee
Referred to Com. on REV. & TAX.
lower
Feb 7, 2023
Lower · Passed
From printer. May be heard in committee March 9.
lower
1 primary · 1 co-sponsor

Sponsors