BILL NUMBER: AB 1738 CHAPTERED 09/22/03 CHAPTER 453 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2003 APPROVED BY GOVERNOR SEPTEMBER 20, 2003 PASSED THE ASSEMBLY SEPTEMBER 2, 2003 PASSED THE SENATE AUGUST 28, 2003 AMENDED IN SENATE AUGUST 25, 2003 AMENDED IN ASSEMBLY APRIL 21, 2003 INTRODUCED BY Committee on Health (Frommer (Chair), Pacheco (Vice Chair), Bates, Chan, Chu, Cohn, Goldberg, Koretz, Nakanishi, Nakano, Negrete McLeod, Nunez, Ridley-Thomas, Wolk, and Yee) MARCH 11, 2003 An act to amend Sections 113750, 113785, 113895, 113995, 113998, 114002, 114055, 114056, 114265, 114294, 114300, 114302, 114303, 114304, 114313, 114314, 114315, 114319, 114332.3, 114362, and 114367.5 of, to add Sections 113750.1, 113817, 113841, 114287.5, and 114305 to, and to repeal Section 114322 of, the Health and Safety Code, relating to retail food facilities. LEGISLATIVE COUNSEL'S DIGEST AB 1738, Committee on Health. Retail food facilities: mobile units. The California Uniform Retail Food Facilities Law (CURFFL), provides for the regulation of health and sanitation standards for retail food facilities, including mobile food facilities and temporary food facilities, as defined, by the State Department of Health Services. Existing law requires all potentially hazardous food, as defined, to be held at a specified temperature. A violation of any of these provisions is punishable as a misdemeanor. This bill would revise the CURFFL to include a mobile support unit within the definition of a food facility for specified purposes, and would impose specified regulatory requirements for these units. It would define a mobile support unit as a vehicle used in conjunction with a commissary that travels to and from and services mobile food facilities. This bill would impose specified cleaning and servicing requirements for mobile food facilities, and would also revise the requirements for posting of identifying information by these facilities, and by temporary food facilities. This bill would revise the temperature control requirements for potentially hazardous food held by a food facility, to specify the conditions under which the food may be held at temperatures other than those specified under existing law. This bill would authorize customer access to the food preparation area of a food establishment under specified circumstances. The bill would revise the definitions of a commissary and a community event for purposes of the act. Because violation of the provisions relating to retail food facilities is a misdemeanor, this bill would, by creating new crimes, impose a state-mandated local program. This bill would incorporate additional changes in Section 114265 of the Health and Safety Code proposed by AB 1045, that would become operative only if AB 1045 and this bill are both chaptered and become effective on or before January 1, 2004, and this bill is chaptered last. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 113750 of the Health and Safety Code is amended to read: 113750. "Commissary" means a food establishment in which food, containers, equipment, or supplies are stored or handled, food is prepared or prepackaged for sale or service at other locations, utensils are cleaned, liquid or solid wastes are disposed of, or potable water is obtained, for use in mobile food facilities, mobile food preparation units, stationary mobile food preparation units, or vending machines. SEC. 2. Section 113750.1 is added to the Health and Safety Code, to read: 113750.1. "Community event" means an event 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. SEC. 3. Section 113785 of the Health and Safety Code is amended to read: 113785. (a) "Food facility" means all of the following: (1) Any food establishment, mobile food facility, vending machine, produce stand, swap meet prepackaged food stand, temporary food facility, satellite food distribution facility, stationary mobile food preparation unit, mobile support unit, and mobile food preparation unit. (2) Any place used in conjunction with the operations described in paragraph (1), including, but not limited to, storage facilities for food-related utensils, equipment, and materials. (3) A certified farmers' market, for purposes of permitting and enforcement. (b) "Food facility" does not include any of the following: (1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food, or a private home, church, private club, or other nonprofit association that gives or sells food to its members and guests at occasional events, as defined in Section 113825, or a for-profit entity that gives or sells food at occasional events, as defined in Section 113825, for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition for participating in the event. (2) Premises set aside for winetasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, if no food or beverage is offered for sale for onsite consumption. SEC. 4. Section 113817 is added to the Health and Safety Code, to read: 113817. "Mobile support unit" means a vehicle, used in conjunction with a commissary, that travels to, and services, mobile food facilities as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes. SEC. 5. Section 113841 is added to the Health and Safety Code, to read: 113841. Customer access to a food establishment through the food preparation area is permissible, in the discretion of the permittee, if ready-to-eat foods are prepared in approved areas separated from sources of contamination by a space of at least three feet from the consumer and in areas that are separate from raw or undercooked foods. The route of access shall be separated from the required space by a rail or wall at least three feet high or otherwise clearly delineated. SEC. 6. Section 113895 of the Health and Safety Code is amended to read: 113895. "Temporary food facility" means a food facility operating out of temporary facilities approved by the enforcement officer at a fixed location for a period of time not to exceed 25 consecutive or nonconsecutive days in any 90-day period in conjunction with a single, weekly, or monthly community event, as defined in Section 113750.1. SEC. 7. Section 113995 of the Health and Safety Code is amended to read: 113995. (a) Except as otherwise provided in this section, all potentially hazardous food being transported to or from a retail food facility for a period of longer than 30 minutes, excluding raw shell eggs, shall be held at or below 7 degrees Celsius (45 degrees Fahrenheit) or shall be kept at or above 57.2 degrees Celsius (135 degrees Fahrenheit) at all times. Storage and display of raw shell eggs shall be governed by Sections 113997 and 114351. (b) A retail food facility may accept potentially hazardous food at or below 7 degrees Celsius (45 degrees Fahrenheit), per subdivision (a), if the potentially hazardous food is cooled within four hours of receipt to a temperature at or below 5 degrees Celsius (41 degrees Fahrenheit). (c) All potentially hazardous food shall be held at or below 5 degrees Celsius (41 degrees Fahrenheit) or shall be kept at or above 57.2 degrees Celsius (135 degrees Fahrenheit) at all times, except for the following: (1) Unshucked live molluscan shellfish shall not be stored or displayed at a temperature above 7 degrees Celsius (45 degrees Fahrenheit). (2) Frozen potentially hazardous foods shall be stored and displayed in their frozen state unless being thawed in accordance with Section 114085. (3) Potentially hazardous foods held for dispensing in serving lines and salad bars during periods not to exceed 12 hours in any 24-hour period or held in vending machines may not exceed 7 degrees Celsius (45 degrees Fahrenheit). For purposes of this subdivision, a display case shall not be deemed to be a serving line. (4) Pasteurized milk and pasteurized milk products in original, sealed containers shall not be held at a temperature above 7 degrees Celsius (45 degrees Fahrenheit). (d) Potentially hazardous foods may be held at temperatures other than those specified in this section only under the following circumstances: (1) While being heated or cooled. (2) When the food facility operates pursuant to a HACCP plan adopted pursuant to Section 114055 or 114056. (3) When time only, rather than time in conjunction with temperature, is used as the public health control for a working supply of potentially hazardous food before cooking, or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption, but only if all of the following conditions are met: (A) The food shall be marked or otherwise identified to indicate the time that is four hours after the time when the food is removed from temperature control. (B) The food shall be cooked and served, served if ready-to-eat, or discarded, within four hours after the time when the food is removed from temperature control. (C) Food in unmarked containers or packages, or marked to exceed a four-hour time limit shall be discarded. (D) Written procedures that ensure compliance with this paragraph and with Section 114002 for food that is prepared, cooked, and refrigerated before time is used as a public health control shall be maintained in the food facility and made available to the enforcement agency upon request. (e) A thermometer accurate to plus or minus 1 degree Celsius (2 degrees Fahrenheit) shall be provided for each refrigeration unit, shall be located to indicate the air temperature in the warmest part of the unit and, except for vending machines, shall be affixed to be readily visible. Except for vending machines, an accurate easily readable metal probe thermometer suitable for measuring the temperature of food shall be readily available on the premises. SEC. 8. Section 113998 of the Health and Safety Code is amended to read: 113998. (a) Whenever any potentially hazardous food, as defined in Section 113845, that has been prepared, cooked, and cooled by a food facility is thereafter reheated by that food facility for hot holding, it shall be reheated to a minimum internal temperature of 74 degrees Celsius (165 degrees Fahrenheit). (b) Any potentially hazardous ready-to-eat food taken from a commercially processed, hermetically sealed container, or from an intact package from a food processing plant that is inspected by the food regulatory authority that has jurisdiction over the plant, shall be heated to a temperature of at least 57.2 degrees Celsius (135 degrees Fahrenheit) for hot holding. A minimum temperature shall not be required if the food described in this subdivision is prepared for immediate service. SEC. 9. Section 114002 of the Health and Safety Code is amended to read: 114002. (a) Whenever food has been prepared so that it becomes potentially hazardous, or is potentially hazardous food that has been heated, it shall be rapidly cooled if not held at or above 57.2 degrees Celsius (135 degrees Fahrenheit). (b) After heating or hot holding, potentially hazardous food shall be cooled rapidly according to the following: (1) From 57.2 degrees Celsius, (135 degrees Fahrenheit) to 21 degrees Celsius (70 degrees Fahrenheit) within two hours. (2) From 21 degrees Celsius (70 degrees Fahrenheit) to 5 degrees Celsius (41 degrees Fahrenheit) or below within four hours. (c) If prepared at ambient temperature, potentially hazardous food shall be cooled rapidly from ambient temperature to 5 degrees Celsius (41 degrees Fahrenheit) or below within four hours. (d) The rapid cooling of potentially hazardous food shall be completed by one or more of the following methods based on the type of food being cooled: (1) Placing the food in shallow, heat-conducting pans. (2) Separating the food into smaller or thinner portions. (3) Using rapid-cooling equipment. (4) Using containers that facilitate heat transfer. (5) Adding ice as an ingredient. (6) Inserting appropriately designed containers in an ice bath and stirring frequently. (7) In accordance with a HACCP plan adopted pursuant to Section 114055 or 114056. (8) Utilizing other effective means that have been approved by the enforcement agency. (e) When potentially hazardous food is placed in cooling or cold-holding equipment, food containers in which the food is being cooled shall be: (1) Arranged in the equipment, to the extent practicable, to provide maximum heat transfer through the container walls. (2) Loosely covered, or uncovered if protected from overhead contamination, to facilitate heat transfer from the surface of the food. (3) Stirred as necessary to evenly cool a liquid or a semiliquid food. (f) Notwithstanding subdivision (e), other methods of cooling potentially hazardous food may be utilized, unless deemed unacceptable by the enforcing agency, including, but not limited to, a HACCP plan adopted pursuant to Section 114055 or 114056. SEC. 10. Section 114055 of the Health and Safety Code is amended to read: 114055. (a) Food facilities may operate pursuant to a HACCP plan. (b) The person operating a food facility pursuant to a HACCP plan shall designate at least one person to be responsible for developing HACCP plans, verifying that HACCP plans are effective, and training employees. (1) The designated person shall have knowledge in the causes of foodborne illness. (2) The designated person shall have knowledge of HACCP principles and their application. (c) A minimum of one person per shift shall be designated who is knowledgeable in the HACCP plan or plans adopted by the operator to be responsible for adherence to any HACCP plan used, take corrective actions when necessary, and assure monitoring records are properly completed. (d) Food receiving, storage, display, and dispensing procedures may be addressed under a general HACCP plan if the foods have common hazards and critical control points. (e) Food facilities may engage in the following only pursuant to a HACCP plan adopted pursuant to this section or Section 114056: (1) Acidification of potentially hazardous foods to prevent bacterial growth. (2) Packing potentially hazardous foods in an oxygen-reduced atmosphere for a period that exceeds 10 days. (3) Storing partially cooked meals in sealed containers at temperatures above negative 17 degrees Celsius (0 degrees Fahrenheit) for a period that exceeds 10 days. (4) Preserving foods by smoking, curing, or using food additives. (f) All critical limit monitoring equipment shall be suitable for its intended purpose and be calibrated as specified by its manufacturer. The food facility shall maintain all calibration records for a period not less than two years. (g) No verification of the effectiveness of a critical limit is required if the critical limits used in the HACCP plan do not differ from the critical limits set forth in Sections 113845, 113995, and 114003. (h) HACCP training of employees shall be documented and HACCP training records of an employee shall be retained for the duration of employment or a period not less than two years, whichever is greater. Training given to employees shall be documented as to date, trainer, and subject. (i) All critical control point monitoring records shall be retained for a period not less than 90 days. (j) Nothing in this section shall be deemed to require the enforcement agency to review or approve a HACCP plan. SEC. 11. Section 114056 of the Health and Safety Code is amended to read: 114056. (a) Any HACCP plan that uses critical limits other than those stated in Sections 113845, 113995, and 114003 shall not be implemented without prior review and approval by the enforcement agency. (b) Any HACCP plan using acidification or water activity to prevent the growth of Clostridium botulinum shall not be implemented without prior review and approval by the department. (c) The enforcement agency shall collect fees sufficient only to cover the costs for review, inspections, and any laboratory samples taken. (d) Any HACCP plan may be disapproved if it does not comply with HACCP principles. (e) The enforcement agency may suspend or revoke, as set forth in this subdivision, its approval of a HACCP plan without prior notice if the plan: is determined to pose a public health risk due to changes in scientific knowledge or the hazards present; or there is a finding that the food facility does not have the ability to follow its HACCP plan; or there is a finding that the food facility does not consistently follow its HACCP plan. (1) Within 30 days of written notice of suspension or revocation of approval, the food facility may request a hearing to present information as to why the HACCP plan suspension or revocation should not have taken place or to submit HACCP plan changes. (2) The hearing shall be held within 15 working days of the receipt of a request for a hearing. Upon written request of the permittee the hearing officer may postpone any hearing date, if circumstances warrant that action. (3) The hearing officer shall issue a written notice of decision within five working days following the hearing. If the decision is to suspend or revoke approval, the reason for suspension or revocation shall be included in the written decision. SEC. 12. Section 114265 of the Health and Safety Code is amended to read: 114265. (a) The name of the facility, city, state, ZIP Code, and name of the permittee, if different from the name of the facility, shall be permanently affixed to both sides of the facility so as to be legible and clearly visible to patrons of the mobile food facility. The facility's name shall be in letters at least 8 centimeters (3 inches) in height and shall be of a color contrasting with the exterior of the mobile food facility. Letters and numbers for the city, state, ZIP Code, and the name of the permittee shall not be less than 2.5 centimeters (one inch) in height. (b) Mobile food facility equipment, including, but not limited to, the interior of cabinet units and compartments, shall be designed so as to, and made of materials that, result in smooth, readily accessible, and easily cleanable surfaces. Unfinished wooden surfaces are prohibited. Construction joints shall be tightly fitted and sealed so as to be easily cleanable. Equipment and utensils shall be constructed of durable, nontoxic materials and shall be easily cleanable. (c) During operation, no food intended for retail shall be conveyed, held, stored, displayed, or served from any place other than a mobile food facility except for the restocking of product in a manner approved by the enforcement agency. (d) Notwithstanding subdivision (k), food products remaining after each day's operation shall be stored only in an approved commissary or other approved facility. (e) During transportation, storage, and operation of a mobile food facility, food, food-contact surfaces, and utensils shall be protected from contamination. Single-service utensils shall be individually wrapped or in sanitary containers or approved sanitary dispensers, stored in a clean, dry place until used, handled in a sanitary manner, and used only once. Food-contact surfaces and utensils shall be cleaned and sanitized in accordance with subdivisions (i), (j), and (k) of Section 114090. (f) All food displayed, sold, or offered for sale from a mobile food facility shall be obtained from an approved source. (g) Food condiments shall be protected from contamination and, where available for customer self-service, be prepackaged or available only from approved dispensing devices. (h) Mobile food facilities shall be operated within 60 meters (200 feet) of approved and readily available toilet and hand washing facilities or as otherwise approved by the enforcement agency to ensure restroom facilities are available to facility employees. (i) All mobile food facilities shall operate out of a commissary, mobile support unit, or other facility approved by the enforcement agency. Mobile food facilities shall be stored at or within a commissary or other location approved by the enforcement agency so as to be protected from unsanitary conditions. (j) Potentially hazardous food shall be maintained at or below 5 degrees Celsius (41 degrees Fahrenheit) or at or above 57.2 degrees Celsius (135 degrees Fahrenheit) at all times in accordance with Section 113995. (k) Potentially hazardous food held at or above 57.2 degrees Celsius (135 degrees Fahrenheit) on a mobile food facility shall be destroyed at the end of the operating day. (l) (1) Potable and wastewater tanks may be constructed so as to be removed from within the approved mobile food facility compartments for refilling and dispensing purposes only. All retail food operations shall cease during removal and replacement of tanks. (2) All wastewater from a mobile food facility shall be drained to an approved wastewater receptor at the commissary or other approved facility. (3) Refilling of a potable water tank shall be conducted through an approved and sanitary method. (4) Storage of any prefilled potable water tank, or empty and clean water tanks, or both, shall be maintained within the cart, or in an approved manner that will protect against contamination. (m) All new and replacement gas-fired appliances shall meet applicable ANSI standards. All new and replacement electrical appliances shall meet applicable Underwriters Laboratory standards. However, for units subject to Part 2 (commencing with Section 18000) of Division 13, these appliances shall comply with standards prescribed by Sections 18028, 18029.3, and 18029.5. (n) Bulk beverage dispensers shall only be filled at the commissary or other facility approved by the enforcement agency unless a hand washing sink as described in paragraph (1) of subdivision (p) is provided. (o) Where nonprepackaged food is handled for display or sale, the mobile food facility shall be equipped with a food compartment that completely encloses all food, food-contact surfaces, and the handling of ready-to-eat food. The opening to the food compartment shall be sized as appropriate to the food handling activity without compromising the intended protection from contamination, and shall be provided with tight-fitting doors that, when closed, protect interior surfaces from dust, debris, insects, and other vermin. (p) Mobile food facilities, not under a valid public health permit as of January 1, 1997, on which nonprepackaged ready-to-eat food is sold, or offered for sale, shall be constructed and equipped in compliance with all of the following: (1) A minimum of a one-compartment metal sink, hand washing cleanser and single-service towels in approved dispensers shall be provided. The sink shall be furnished with hot running water that is at least 49 degrees Celsius (120 degrees Fahrenheit) and cold running water that is less than 38 degrees Celsius (101 degrees Fahrenheit) through a mixing-type faucet that permits both hands to be free for washing. The sink shall be large enough to accommodate the cleaning of the largest utensils washed. The sink, hand washing cleanser, and single-service towels shall be located as to be easily accessible and unobstructed for use by the operator in the working area. The minimum water heater capacity shall be one-half gallon. (2) The potable water tank and delivery system shall be constructed of approved materials, provide protection from contamination, and shall be of a capacity commensurate with the level of food handling activity on the mobile food facility. The capacity of the system shall be sufficient to furnish enough hot and cold water for the following: steamtable, utensil washing and sanitizing, hand washing, and equipment cleaning. At least 18 liters (5 gallons) of water shall be provided exclusively for hand washing. Any water needed for other purposes shall be in addition to the 18 liters (5 gallons) for hand washing. (3) (A) The wastewater tank or tanks shall have a minimum capacity that is 50 percent greater than the potable water tank or tanks supplying the hand and utensil washing sink. In no case shall this wastewater capacity be less than 28 liters (7.5 gallons). (B) Mobile food facilities utilizing ice in the storage, display, or service of food or beverages shall provide an additional minimum wastewater holding tank capacity equal to one-third of the volume of the ice cabinet to accommodate the drainage of ice melt. (C) Mobile food facilities equipped with a tank supplying product water for the preparation of a food or beverage shall provide an additional wastewater tank capacity equal to at least 15 percent of this water supply. (D) Additional wastewater tank capacity may be required where wastewater production or spillage is likely to occur. (E) Any connection to a wastewater tank shall preclude the possibility of contaminating any food, food-contact surface, or utensil. (4) A mobile food facility's potable water tank inlet shall be provided with a connection of a size and type that will prevent its use for any other service and shall be constructed so that backflow and other contamination of the water supply is prevented. Hoses used to fill potable water tanks shall be made of food grade materials and handled in a sanitary manner. (q) Mobile food facilities selling unpackaged frozen ice cream bars or holding cream, milk, or similar dairy products pursuant to Section 114270 shall be equipped with refrigeration units as described in Section 113860. (r) Operators of mobile food facilities handling nonprepackaged food shall develop and follow written operational procedures for food handling and the cleaning and sanitizing of food-contact surfaces and utensils. The enforcement agency shall review and approve the procedures prior to implementation and an approved copy shall be kept on the mobile food facility during periods of operation. (s) All potentially hazardous food shall be prepackaged in an approved food facility except as provided in Sections 114260 and 114270. (t) Except to the extent that an alternative construction standard is explicitly prescribed by this section, construction standards for mobile food preparation units and stationary mobile food preparation units which are subject to Part 2 (commencing with Section 18000) of Division 13 shall be governed by the provisions of that part. SEC. 12.5. Section 114265 of the Health and Safety Code is amended to read: 114265. (a) The name of the facility, city, state, ZIP Code, and name of the permittee, if different from the name of the facility, shall be permanently affixed to both sides of the facility so as to be legible and clearly visible to patrons of the mobile food facility. The facility's name shall be in letters at least 8 centimeters (3 inches) in height and shall be of a color contrasting with the exterior of the mobile food facility. Letters and numbers for the city, state, ZIP Code, and the name of the permittee shall not be less than 2.5 centimeters (one inch) in height. (b) Mobile food facility equipment, including, but not limited to, the interior of cabinet units and compartments, shall be designed so as to, and made of materials that, result in smooth, readily accessible, and easily cleanable surfaces. Unfinished wooden surfaces are prohibited. Construction joints shall be tightly fitted and sealed so as to be easily cleanable. Equipment and utensils shall be constructed of durable, nontoxic materials and shall be easily cleanable. (c) During operation, no food intended for retail shall be conveyed, held, stored, displayed, or served from any place other than a mobile food facility except for the restocking of product in a manner approved by the enforcement agency. (d) Notwithstanding subdivision (k), food products remaining after each day's operation shall be stored only in an approved commissary or other approved facility. (e) During transportation, storage, and operation of a mobile food facility, food, food-contact surfaces, and utensils shall be protected from contamination. Single-service utensils shall be individually wrapped or in sanitary containers or approved sanitary dispensers, stored in a clean, dry place until used, handled in a sanitary manner, and used only once. Food-contact surfaces and utensils shall be cleaned and sanitized in accordance with subdivisions (i), (j), and (k) of Section 114090. (f) All food displayed, sold, or offered for sale from a mobile food facility shall be obtained from an approved source. (g) Food condiments shall be protected from contamination and, where available for customer self-service, be prepackaged or available only from approved dispensing devices. (h) Mobile food facilities shall be operated within 60 meters (200 feet) of approved and readily available toilet and hand washing facilities or as otherwise approved by the enforcement agency to ensure restroom facilities are available to facility employees. (i) All mobile food facilities shall operate out of a commissary, mobile support unit, or other facility approved by the enforcement agency. Mobile food facilities shall be stored at or within a commissary or other location approved by the enforcement agency so as to be protected from unsanitary conditions. (j) Potentially hazardous food shall be maintained at or below 5 degrees Celsius (41 degrees Fahrenheit) or at or above 57.2 degrees Celsius (135 degrees Fahrenheit) at all times in accordance with Section 113995. (k) Potentially hazardous food held at or above 57.2 degrees Celsius (135 degrees Fahrenheit) on a mobile food facility shall be destroyed at the end of the operating day. (l) (1) Potable and wastewater tanks may be constructed so as to be removed from within the approved mobile food facility compartments for refilling and dispensing purposes only. All retail food operations shall cease during removal and replacement of tanks. (2) All wastewater from a mobile food facility shall be drained to an approved wastewater receptor at the commissary or other approved facility. (3) Refilling of a potable water tank shall be conducted through an approved and sanitary method. (4) Storage of any prefilled potable water tank, or empty and clean water tanks, or both, shall be maintained within the cart, or in an approved manner that will protect against contamination. (m) All new and replacement gas-fired appliances shall meet applicable ANSI standards. All new and replacement electrical appliances shall meet applicable Underwriters Laboratory standards. However, for units subject to Part 2 (commencing with Section 18000) of Division 13, these appliances shall comply with standards prescribed by Sections 18028, 18029.3, and 18029.5. (n) Bulk beverage dispensers shall only be filled at the commissary or other facility approved by the enforcement agency unless a hand washing sink as described in paragraph (1) of subdivision (p) is provided. (o) Where nonprepackaged food is handled for display or sale, the mobile food facility shall be equipped with a food compartment that completely encloses all food, food-contact surfaces, and the handling of ready-to-eat food. The opening to the food compartment shall be sized as appropriate to the food handling activity without compromising the intended protection from contamination, and shall be provided with tight-fitting doors that, when closed, protect interior surfaces from dust, debris, insects, and other vermin. (p) Mobile food facilities, not under a valid public health permit as of January 1, 1997, on which nonprepackaged ready-to-eat food is sold, or offered for sale, shall be constructed and equipped in compliance with all of the following: (1) A minimum of a one-compartment metal sink, hand washing cleanser and single-service towels in approved dispensers shall be provided. The sink shall be furnished with hot running water that is at least 49 degrees Celsius (120 degrees Fahrenheit) and cold running water that is less than 38 degrees Celsius (101 degrees Fahrenheit) through a mixing-type faucet that permits both hands to be free for washing. The sink shall be large enough to accommodate the cleaning of the largest utensils washed. The sink, hand washing cleanser, and single-service towels shall be located as to be easily accessible and unobstructed for use by the operator in the working area. The minimum water heater capacity shall be one-half gallon. (2) The potable water tank and delivery system shall be constructed of approved materials, provide protection from contamination, and shall be of a capacity commensurate with the level of food handling activity on the mobile food facility. The capacity of the system shall be sufficient to furnish enough hot and cold water for the following: steamtable, utensil washing and sanitizing, hand washing, and equipment cleaning. At least 18 liters (5 gallons) of water shall be provided exclusively for hand washing. Any water needed for other purposes shall be in addition to the 18 liters (5 gallons) for hand washing. (3) (A) The wastewater tank or tanks shall have a minimum capacity that is 50 percent greater than the potable water tank or tanks supplying the hand and utensil washing sink. In no case shall this wastewater capacity be less than 28 liters (7.5 gallons). (B) Mobile food facilities utilizing ice in the storage, display, or service of food or beverages shall provide an additional minimum wastewater holding tank capacity equal to one-third of the volume of the ice cabinet to accommodate the drainage of ice melt. (C) Mobile food facilities equipped with a tank supplying product water for the preparation of a food or beverage shall provide an additional wastewater tank capacity equal to at least 15 percent of this water supply. (D) Additional wastewater tank capacity may be required where wastewater production or spillage is likely to occur. (E) Any connection to a wastewater tank shall preclude the possibility of contaminating any food, food-contact surface, or utensil. (4) A mobile food facility's potable water tank inlet shall be provided with a connection of a size and type that will prevent its use for any other service and shall be constructed so that backflow and other contamination of the water supply is prevented. Hoses used to fill potable water tanks shall be made of food grade materials and handled in a sanitary manner. (5) (A) Mobile food facilities operating in accordance with subdivision (e) of Section 114260, shall meet the applicable requirements of Section 114090. (B) The dimensions of each compartment of the utensil washing sink shall be at least 12 inches wide, 12 inches long, 10 inches deep or large enough to accommodate the cleaning of the largest utensil. The drainboards shall be installed with at least one-eighth inch per foot slope toward the sink compartment, and fabricated with a minimum one-half of one inch lip or rim to prevent the draining liquid from spilling onto the floor. (C) Hand washing facilities and utensil washing sinks shall be an integral part of the primary unit or on an approved auxiliary conveyance that is used in conjunction with and maintained immediately adjacent to the primary unit of the mobile food facility. When used in conjunction with a mobile food facility, an auxiliary conveyance shall contain all of the utility connections. (D) Mobile food facilities operating at community events may satisfy the requirements of subparagraph (C) by operating in compliance with subdivision (f) of Section 114330, provided the utensil washing sink meets the requirements of subparagraph (B). (E) Ground or floor surfaces where cooking processes occur, in accordance with Section 114260, shall be impervious, smooth, easily cleanable, and shall provide employee safety from slipping. Ground or floor surfaces in compliance with this section shall extend from beneath the mobile food facility a minimum of two feet on the open side or sides of where cooking processes are conducted. (F) Mobile food facilities operating pursuant to subdivision (e) of Section 114260 shall be equipped with safety equipment as described in Section 114297 and mechanical exhaust ventilation as described in Section 114296. (q) Mobile food facilities selling unpackaged frozen ice cream bars or holding cream, milk, or similar dairy products pursuant to Section 114270 shall be equipped with refrigeration units as described in Section 113860. (r) Operators of mobile food facilities handling nonprepackaged food shall develop and follow written operational procedures for food handling and the cleaning and sanitizing of food-contact surfaces and utensils. The enforcement agency shall review and approve the procedures prior to implementation and an approved copy shall be kept on the mobile food facility during periods of operation. (s) All potentially hazardous food shall be prepackaged in an approved food facility except as provided in Sections 114260 and 114270. (t) Except to the extent that an alternative construction standard is explicitly prescribed by this section, construction standards for mobile food preparation units and stationary mobile food preparation units which are subject to Part 2 (commencing with Section 18000) of Division 13 shall be governed by the provisions of that part. (u) Notwithstanding paragraph (2) of subdivision (a) of Section 114297, portable fire protection equipment shall be provided whenever mobile food facilities are in use. A minimum of two approved rated 40 K class portable fire extinguishers shall be onsite whenever cooking processes are conducted within a mobile food facility. One approved fire extinguisher shall be mounted to the mobile food facility and one approved fire extinguisher shall be located no more than 30 feet from the mobile food facility unit. (v) Mobile food facilities shall comply with all local fire codes, standards, and ordinances. SEC. 13. Section 114287.5 is added to the Health and Safety Code, to read: 114287.5. (a) Mobile food facilities shall be cleaned and serviced at least once during each operating day. (b) Except as specified in subdivision (c), all mobile food facilities shall report to the commissary or other approved facility on a daily basis. (c) Mobile food facilities that are serviced by a mobile support unit and do not report to a commissary on a daily basis shall be stored in a manner that protects the mobile food facility from contamination. All food shall be stored at the commissary or other approved facility at the end of the operating day. (d) Mobile support units shall report to a commissary or other approved facility for cleaning, servicing, and storage at least daily. SEC. 14. Section 114294 of the Health and Safety Code is amended to read: 114294. (a) The name of the mobile food preparation unit or stationary mobile food preparation unit, city, state, ZIP Code, and the name of the permittee, if different from the name of the unit, shall be permanently affixed to both sides of the mobile food preparation unit or stationary mobile food preparation unit so as to be legible and clearly visible to patrons. The name shall be in letters at least eight centimeters (three inches) in height, and shall be of a color contrasting with the exterior of the vehicle. Letters and numbers for the city, state, ZIP Code, and the name of the permittee shall not be less than 2.5 centimeters (one inch) in height. (b) Compressor units that are not an integral part of equipment, auxiliary engines, generators, and similar equipment, shall be installed in an area that is completely separated from food preparation and food storage and that is accessible from outside the unit for proper cleaning and maintenance. SEC. 15. Section 114300 of the Health and Safety Code is amended to read: 114300. This article governs sanitation requirements for commissaries servicing mobile food preparation units, mobile food facilities, and mobile support units. SEC. 16. Section 114302 of the Health and Safety Code is amended to read: 114302. (a) Adequate facilities shall be provided for the sanitary disposal of liquid waste from the mobile food preparation unit or mobile food facility, or mobile support unit being serviced. (b) Adequate facilities shall be provided for the handling and disposal of garbage and rubbish originating from the mobile food preparation unit or mobile food facility, or mobile support unit. SEC. 17. Section 114303 of the Health and Safety Code is amended to read: 114303. (a) Potable water shall be available for filling the water tanks of each mobile food preparation unit, mobile food facility, or mobile support unit that requires potable water. Faucets and other potable water sources shall be constructed, located, and maintained so as to minimize the possibility of contaminating the water being loaded. (b) The hose used for filling water tanks shall be food grade, constructed of materials approved for potable water distribution, and shall be used for no other purposes. At all times, the hose shall be kept above the ground and protected from contamination. Liquid waste lines shall not be the same color as hoses used for potable water. (c) Hot and cold water, under pressure, shall be available for cleaning the mobile food preparation unit, mobile food facility, or mobile support unit. (d) The potable water supply shall be protected at all times from potential backflow. Approved backflow prevention devices shall be installed on the discharge side of all hose bibs. SEC. 18. Section 114304 of the Health and Safety Code is amended to read: 114304. Adequate electrical outlets shall be provided for mobile food preparation units or, mobile food facilities, or mobile support units that require electrical service. The outlets shall be constructed to comply with applicable electrical codes. SEC. 19. Section 114305 is added to the Health and Safety Code, to read: 114305. (a) A mobile support unit shall be subject to plan review and shall be approved by the enforcement agency. Requirements shall be based on the proposed method of operation and the number of mobile food facilities serviced. (b) A mobile support unit shall meet all applicable requirements of Article 6 (commencing with Section 113975), Article 7 (commencing with Section 113990), and Article 8 (commencing with Section 114075). (c) In addition, a mobile support unit shall meet all of the following conditions: (1) Interior floors, sides, and top shall be free of cracks, seams, or linings where vermin may harbor, and shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning with approved sanitizing agents. (2) A mobile support unit shall be constructed and operated so that no liquid wastes can drain onto any street, sidewalk, or premises. (3) If the mobile support unit is used to transport potentially hazardous food, approved equipment to maintain food at the required temperatures shall be provided. (4) Food, utensils, and supplies shall be protected from contamination. (5) A separate storage area shall be provided for all poisonous substances, detergents, bleaches, cleaning compounds, and all other injurious or poisonous materials. (6) A mobile support unit shall not be approved for utensil washing. (7) The name of the mobile support unit, city, state, ZIP Code, and name of the permittee, if different from the name of the unit, shall be permanently affixed to both sides of the mobile support unit so as to be legible and clearly visible to patrons. The unit's name shall be in letters at least 8 centimeters (3 inches) in height and shall be of a color contrasting with the exterior of the mobile support unit. Letters and number for the city, state, ZIP Code, and name of the permittee may not be less than 2.5 centimeters (1 inch) in height. (8) A mobile support unit shall report to a commissary or other approved facility for cleaning, servicing, and storage at least daily. SEC. 20. Section 114313 of the Health and Safety Code is amended to read: 114313. The name of the facility, city, state, ZIP Code, and name of the permittee, if different from the name of the facility, shall be permanently affixed to both sides of the facility during all periods of operations so as to be legible and clearly visible to patrons. The facility's name shall be in letters at least 8 centimeters (3 inches) in height and shall be of a color contrasting with the exterior of the facility. Letters and numbers for the city, state, ZIP Code, and the name of the permittee may not be less than 2.5 centimeters (1 inch) in height. SEC. 21. Section 114314 of the Health and Safety Code is amended to read: 114314. (a) In addition to the permit issued to each complying temporary food facility, a permit shall be obtained by the person or organization responsible for facilities or equipment that are shared by two or more temporary food facilities operating at a community event. (b) The permit application and site plan shall be submitted to the enforcement agency at least two weeks prior to the date that the community event is scheduled to commence. (c) The site plan shall show the proposed locations of the temporary food facilities, restrooms, and all shared utensil washing, hand washing, and janitorial facilities. SEC. 22. Section 114315 of the Health and Safety Code is amended to read: 114315. (a) Notwithstanding Section 113995, during operating hours of the temporary food facility, potentially hazardous food may be held at a temperature not to exceed 7 degrees Celsius (45 degrees Fahrenheit) for up to 12 hours in any 24-hour period. At the end of the operating day, potentially hazardous food that has been held in accordance with this subdivision shall be placed in refrigeration units that maintain the food at or below 5 degrees Celsius (41 degrees Fahrenheit) or the food shall be destroyed in a manner approved by the local enforcement agency. (b) At the end of the operating day potentially hazardous food that is held at or above 57.2 degrees Celsius (135 degrees Fahrenheit) shall be either destroyed in a manner approved by the local enforcement agency or donated in accordance with Article 19 (commencing with Section 114435), but may not be reserved in a food facility. (c) Adequate cold food and hot food holding equipment shall be provided to insure proper temperature control during transportation and operation of the temporary food facility. SEC. 23. Section 114319 of the Health and Safety Code is amended to read: 114319. (a) Adequate and suitable facilities shall be provided for the storage of food, utensils, and related items. During periods of operation, supplies and nonpotentially hazardous foods in unopened containers may be stored adjacent to the temporary food facility, or in unopened containers in an approved nearby temporary storage unit. An "unopened container" means a factory-sealed container that has not been previously opened, and that is suitably constructed to be resistant to contamination from moisture, dust, insects, and rodents. (b) All food-related and utensil-related items shall be stored at least 15 centimeters (6 inches) above the floor and in a manner that will protect these items from sources of contamination. (c) During periods of inoperation, food shall be stored in one of the following methods: (1) Within a fully enclosed temporary food facility that is in compliance with Sections 114030 and 114145. (2) In lockable food storage compartments or containers meeting both of the following conditions: (A) The food is adequately protected at all times from contamination, exposure to the elements, ingress of rodents and other vermin, and temperature abuse. (B) The storage compartments or containers have been approved by the local enforcement agency. (3) Within a permitted food facility or other facility approved by the local enforcement agency. SEC. 24. Section 114322 of the Health and Safety Code is repealed. SEC. 25. Section 114332.3 of the Health and Safety Code is amended to read: 114332.3. (a) No potentially hazardous food or beverage stored or prepared in a private home may be offered for sale, sold, or given away from a nonprofit charitable temporary food facility. Potentially hazardous food shall be prepared in a food establishment or on the premises of a nonprofit charitable temporary food facility. (b) All food and beverage shall be protected at all times from unnecessary handling and shall be stored, displayed, and served so as to be protected from contamination. (c) Potentially hazardous food and beverage shall be maintained at or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above 57.2 degrees Celsius (135 degrees Fahrenheit) at all times. (d) Ice used in beverages shall be protected from contamination and shall be maintained separate from ice used for refrigeration purposes. (e) All food and food containers shall be stored off the floor on shelving or pallets located within the facility. (f) Smoking is prohibited in nonprofit charitable temporary food facilities. (g) (1) Except as provided in paragraph (2), live animals, birds, or fowl shall not be kept or allowed in nonprofit charitable temporary food facilities. (2) Paragraph (1) does not prohibit the presence, in any room where food is served to the public, guests, or patrons, of a guide dog, signal dog, or service dog, as defined by Section 54.1 of the Civil Code, accompanied by a totally or partially blind person, deaf person, person whose hearing is impaired, or handicapped person, or dogs accompanied by persons licensed to train guide dogs for the blind pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code. (3) Paragraph (1) does not apply to dogs under the control of uniformed law enforcement officers or of uniformed employees of private patrol operators and operators of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while these employees are acting within the course and scope of their employment as private patrol persons. (4) The persons and operators described in paragraphs (2) and (3) are liable for any damage done to the premises or facilities by the dog. (5) The dogs described in paragraphs (2) and (3) shall be excluded from food preparation and utensil wash areas. Aquariums and aviaries shall be allowed if enclosed so as not to create a public health problem. (h) All garbage shall be disposed of in a sanitary manner. (i) Employees preparing or handling food shall wear clean clothing and shall keep their hands clean at all times. SEC. 26. Section 114362 of the Health and Safety Code is amended to read: 114362. The onsite food establishment shall support a satellite food distribution facility as defined in subdivision (b) of Section 113880 by doing all of the following where appropriate: (a) Unpacking from bulk potentially hazardous foods. (b) Filling suitable dispensers with condiments. (c) Mixing, blending, forming, cooking or otherwise preparing all unpackaged potentially hazardous foods. (d) Heating to a minimum temperature of 57.2 degrees Celsius (135 degrees Fahrenheit) all potentially hazardous foods that are intended to be served or held hot. (e) Cooling, to the temperatures specified in Section 113995, potentially hazardous foods that are intended to be served or held cold. (f) Packing any unpackaged food into suitable, covered containers prior to transport. (g) Providing storage for foods not described in Section 114361 during periods of inoperation. (h) Cleaning and sanitizing all multiuse utensils and easily removable food contact surfaces in accordance with the requirements of Section 114090. SEC. 27. Section 114367.5 of the Health and Safety Code is amended to read: 114367.5. (a) The enforcement agency shall review and approve written procedures, schedules, and record exemplars to assure all of the following: (1) That in-place cleaning procedures for equipment and structures are adequate in frequency, soil removal, sanitizing, and disposal of wastewater, wash water, and refuse. (2) That food transported to and from the onsite food establishment will not be exposed to contamination. (3) That potentially hazardous food will be held at or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above 57.2 degrees Celsius (135 degrees Fahrenheit) at all times. (b) This section shall apply to mobile food facilities that operate within a defined and securable perimeter as prescribed in subdivision (b) of Section 113880. SEC. 28. Section 12.5 of this bill incorporates amendments to Section 114265 of the Health and Safety Code proposed by both this bill and AB 1045. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2004, (2) each bill amends Section 114265 of the Health and Safety Code, and (3) this bill is enacted after AB 1045, in which case Section 12 of this bill shall not become operative. SEC. 29. 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.