California 2015-2016 Regular Session Status: Enacted

AB 226 — Retail food safety: fishermen's markets.

Last action — Chaptered by Secretary of State - Chapter 615, Statutes of 2015.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 03, 2015. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    1 primary, 9 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 615, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3056.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2633.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. Read third time and amended. Ordered to second reading.

  11. Ordered to third reading.

  12. From Consent Calendar.

  13. Read second time. Ordered to Consent Calendar.

  14. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  15. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (June 24).

  17. Referred to Com. on HEALTH.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1347.)

  20. Read second time. Ordered to Consent Calendar.

  21. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 29).

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (April 14).

  25. Re-referred to Com. on HEALTH.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  27. Referred to Com. on HEALTH.

  28. From printer. May be heard in committee March 6.

  29. Read first time. To print.

Sponsors

  • Anderson · Cosponsor
  • Bates · Cosponsor
  • Block · Cosponsor
  • Atkins · Primary
  • Jones · Cosponsor
  • Chávez · Cosponsor
  • Hueso · Cosponsor
  • Maienschein · Cosponsor
  • Waldron · Cosponsor
  • Weber · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 9 co-sponsors · 112 not signed on

Sponsors (1)

  • Atkins

Co-sponsors (9)

  • Anderson
  • Bates
  • Block
  • Jones
  • Chávez
  • Hueso
  • Maienschein
  • Waldron
  • Weber

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB226 Atkins By Hueso

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 2001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Block — Yea
Hill — Yea
Huff — Yea
Lara — Yea
Mendoza — Yea
Pan — Yea
Roth — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hall — Yea
Hernandez — Yea
Beall — Yea
Hertzberg — Yea
Hueso — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Vidak — Yea
Wieckowski — Yea
Glazer — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting

Official roll call →

AB 226 ATKINS Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Kim — Yea
Maienschein — Yea
Mathis — Yea
Mayes — Yea
Melendez — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Yea
Campos — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Bonilla — Yea
Lopez — Yea
Mullin — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Wilk — Not Voting
Wood — Yea
Burke — Yea
Salas — Yea
Gomez — Yea
Chang — Yea
Gordon — Yea
Harper — Yea
Chau — Yea
Jones-Sawyer — Yea
Levine — Yea
Linder — Yea
Gray — Yea
Low — Yea
McCarty — Yea
Atkins — Yea
Chiu — Yea
Alejo — Yea
Bigelow — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Medina — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Wagner — Yea
Weber — Yea
Williams — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 1000
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Monning — Yea
Nielsen — Yea
Pan — Yea
Mitchell — Yea
Hall — Not Voting
Hernandez — Yea
Roth — Yea
Wolk — Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 226 ATKINS Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 67003
Democratic 4000
Republican 6000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Kim — Yea
Linder — Yea
Maienschein — Yea
Mathis — Yea
Mullin — Yea
Obernolte — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Not Voting
Waldron — Yea
Williams — Yea
Eggman — Yea
Daly — Yea
Olsen — Yea
Salas — Yea
Frazier — Yea
Gatto — Yea
Burke — Yea
Gordon — Yea
Harper — Yea
Holden — Yea
Chang — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Gray — Yea
Mayes — Yea
McCarty — Yea
Atkins — Yea
Chau — Yea
Bonilla — Yea
Lopez — Yea
Medina — Yea
Alejo — Yea
Bigelow — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Melendez — Yea
Nazarian — Yea
O'Donnell — Yea
Perea — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Campos — Not Voting
Quirk — Yea
Ting — Yea
Gomez — Yea
Gonzalez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 2000
Republican 2000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Quirk — Yea
Wagner — Yea
Weber — Yea
Eggman — Yea
Chang — Yea
Holden — Yea
Daly — Yea
Rendon — Yea
Wood — Yea
Gomez — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 17 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 14002
Democratic 1000
Total 17002
% of votes cast 89%0%0%11%
How each member voted (19)
Member Party Vote
Maienschein — Yea
Ridley-Thomas — Yea
Santiago — Yea
Burke — Yea
Chávez — Yea
Chiu — Yea
Bonilla — Yea
Gomez — Yea
Nazarian — Yea
Rodriguez — Yea
Steinorth — Not Voting
Thurmond — Yea
Waldron — Yea
Wood — Yea
Gonzalez — Yea
Roger Hernández — Not Voting
Bonta, Mia Democratic Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Subjects

public-safety healthcare agriculture
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Frequently asked questions

What does AB 226 do?
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.
Who sponsors AB 226?
AB 226 is sponsored by Anderson, Bates, Block, Atkins, Jones, Chávez, Hueso, Maienschein, Waldron, and Weber.
What is the current status of AB 226?
This bill has been enacted into law. Introduced February 03, 2015. Enacted.
Where can I track AB 226?
Track AB 226 free on One Click Politics — get push/email alerts when it moves.

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