Home>Articles>AB 853: Grocery Workers in a ‘Food Desert’

Brian Maienschein. (Photo: Kevin Sanders for California Globe)

AB 853: Grocery Workers in a ‘Food Desert’

New grocery owner must provide notice to town council before closure

By Chris Micheli, March 3, 2023 7:47 am

Assembly Bill 853  by Assemblyman Brian Maienschein (D-San. Diego) was introduced to address successor grocery store employer. AB 853 would add Labor Code Section 2516.1 to the Labor Code.

First, the bill would provide that, in the case of a change of control from a merger, a successor grocery employer would be prohibited from causing a grocery establishment that is located in a geographic area designated by United States Department of Agriculture as a food desert to cease being fully operational and open to the public until the establishment provides a written notice to the city council, city attorney, board of supervisors, county counsel, State Department of Public Health, and Attorney General 180 days before the establishment ceases to be fully operational and open to the public.

Second, the written notice must provide a written analysis and explanation of how residents living in the geographic area designated as a food desert will be able, at comparable cost to purchase food after the establishment ceases being fully operational and open to the public, as well as a profit and loss statement for the establishment for the two years prior to the merger attested to by a responsible officer of the successor employer.

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6 thoughts on “AB 853: Grocery Workers in a ‘Food Desert’

  1. I guess this new nonsense (which is none of the state’s business, duh), AB 357, is a “companion,” or more like a “backup,” should the other bills fail (as they should) to Dem Asm Chris Holden’s AB 647 and to Dem Sen Lola Smallwood-Cuevas’ SB 725. All designed to make private companies dance to the tune of the state. We cannot continue to go down this road and make more of a mess just because CA organized labor is using its muscle to attract (they wish) more members or cater to unreasonable demands.
    Consider contacting your legislators to urge a NO Vote on this endless anti-business nonsense:
    NO on AB 357, AB 647, SB 725.

    1. So this bill by Assemblyman Democrat Brian Maienschein would force private grocers to beg permission from their Democrat big government overlords before they could close their business? WTH? Who is this bug-eyed Democrat with the large forehead? Democrat Brian Maienschein is an attorney and a former two-term San Diego City Councilman who was termed out in 2008. He ran as a Republican and was elected to the California State Assembly to represent District 76. Maienschein made headlines when he switched his party affiliation from Republican to Democrat on January 24, 2019 claiming that “Donald Trump has led the Republican Party to the extreme on issues that divide our country.” LOL! The only white males who are in the Democrat party are corrupt to the core? He’s probably getting financial payoffs from labor unions to push this legislation?

      1. Wow, Assemblyman Brian Maienschein switched to become a Democrat after being elected as a Republican? That’s bait and switch for those who voted for him? It’s not ethical, but then it’s not surprising since he’s a lawyer and lawyers are known for having no ethics?

  2. California Democrats have created “food deserts” with their soft on crime and anti-law enforcement policies that have made it impossible for grocery stores to operate profitably because of rampant theft. Democrat Brian Maienschein should instead focus on out of control crime in low income communities where grocery stores cannot afford to operate because of theft.

  3. First create a myth and then penalize and control the businesses within the mythical food desert? Even the extreme left NPR says it is a myth.

  4. Notice To All Corporations Not Yet In California:
    Don’t do it! Stay duffk OUT of this Schiff-hole!
    If you decide to come to CA, you WILL be sorry, sooner or later…and probably sooner.
    You’ve been warned.

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