BILL NUMBER: SB 144 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2005
INTRODUCED BY Senator Runner
FEBRUARY 3, 2005
An act to repeal and add Part 7 (commencing with Section 113700)
of Division 104 of the Health and Safety Code, relating to retail
food.
LEGISLATIVE COUNSEL'S DIGEST
SB 144, as amended, Runner. Retail food.
The California Uniform Retail Food Facilities Law (CURFFL)
provides for the regulation of health and sanitation standards for
retail food facilities by the State Department of Health Services and
is primarily enforced by local health agencies. CURFFL prohibits a
food facility from opening for business without a valid permit issued
by the local enforcement agency. A violation of any provision of
CURFFL is a misdemeanor.
This
Effective January 1, 2007, this bill would repeal
CURFFL and would recast and revise its provisions by creating the
California Retail Food Code. The bill would provide
that any provisions of the act that impose additional duties upon the
State Department of Health Services shall be implemented only if and
when adequate funding is made available to the department. By
creating new crimes and enforcement responsibilities, this 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 7 (commencing with Section 113700) of Division 104
of the Health and Safety Code is repealed.
SEC. 2. Part 7 (commencing with Section 113700) is added to
Division 104 of the Health and Safety Code, to read:
PART 7. CALIFORNIA RETAIL FOOD CODE
CHAPTER 1. General Provisions
113700. These provisions shall be known as the California Retail
Food Code, hereafter referred to as "this part."
113703. The purpose of this part is to safeguard public health
and provide to consumers food that is safe, unadulterated, and
honestly presented through adoption of science-based standards.
113705. The Legislature finds and declares that the public health
interest requires that there be uniform statewide health and
sanitation standards for retail food facilities to assure the people
of this state that the food will be pure, safe, and unadulterated.
Except as provided in Section 113709, it is the intent of the
Legislature to occupy the whole field of health and sanitation
standards for retail food facilities, and the standards set forth in
this part and regulations adopted pursuant to this part shall be
exclusive of all local health and sanitation standards relating to
retail food facilities.
113707. The department shall adopt regulations to implement and
administer this part.
113709. Nothing in this part shall prohibit a local governing
body from adopting an evaluation or grading system for food
facilities, from prohibiting any type of food facility, from adopting
an employee health certification program, or from regulating the
provision of patron toilet and handwashing facilities.
113711. In all laws and regulations, references to Chapter 4
(commencing with Section 113700) or the California Uniform Retail
Food Facilities Law, shall mean this part or the California Retail
Food Code.
113713. (a) Primary responsibility for enforcement of this part
shall be with the local enforcement agency. Nothing in this part
shall prevent the department from taking any necessary program or
enforcement actions for the protection of the public health and
safety.
(b) The department shall provide technical assistance, training,
standardization, program evaluation, and other services to local
health agencies as necessary to ensure the uniform interpretation and
application of this part.
(c) Whenever the enforcement of the requirements of this part by
any local enforcement agency is satisfactory to the department, the
enforcement of this part shall not be duplicated by the department.
The department shall investigate to determine satisfactory
enforcement of this part by evaluating the program of each local
enforcement agency at least once every three years. The department
shall prepare a report of the evaluation and list any program
improvements needed.
113715. Any construction, alteration, remodeling, or operation of
a food facility shall be approved by the enforcement agency and
shall be in accordance with all applicable local, state, and federal
statutes, regulations, and ordinances, including but not limited to,
fire, building, and zoning codes.
113717. (a) Any person requesting the department to undertake any
activity pursuant to Sections 114417 and 114419.3 shall pay the
department's costs incurred in undertaking the activity. The
department's services shall be assessed at the current hourly
cost-recovery rate, and it shall be entitled to recover any other
costs reasonably and actually incurred in performing those
activities, including, but not limited to, the costs of additional
inspection and laboratory testing. For purposes of this section, the
department's hourly rate shall be adjusted annually in accordance
with Section 100425.
(b) The department shall provide to the person paying the required
fee a statement, invoice, or similar document that describes in
reasonable detail the costs paid.
(c) For purposes of this section only, the term "person" does not
include any city, county, city and county, or other political
subdivision of the state or local government.
113719. Structural and sanitation requirements shall be based on
the food service activity to be conducted, the type of food that is
to be prepared or served, and the extent of food preparation that is
to be conducted at the food facility.
113725. (a) The enforcement agency shall utilize a standardized
food facility inspection format for food facility inspections that
includes all of the following:
(1) The name and address of the food facility.
(2) Identification of the following inspection criteria, which
shall be the basis of the inspection report:
(A) Improper holding temperatures of potentially hazardous foods.
(B) Improper cooling of potentially hazardous foods.
(C) Inadequate cooking of potentially hazardous foods.
(D) Poor personal hygiene of food employees.
(E) Contaminated equipment.
(F) Food from unapproved sources.
(3) For each violation identified pursuant to paragraph (2),
classification of the violation as a minor violation or major
violation.
(b) An enforcement agency may modify the format to add criteria to
those specified pursuant to paragraph (2) of subdivision (a), if
both of the following conditions are met:
(1) The additional criteria are based on other provisions of this
part.
(2) A violation is identified by reference to items and sections
of this part, or the regulations adopted pursuant to this part
relating to those items, if a food facility is cited for a violation
of the additional criteria.
(c) This section shall not restrict the ability of the enforcement
agency to inspect and report on criteria other than those subject to
regulation under this part.
113725.1. A copy of the most recent routine inspection report
conducted to assess general compliance with this part shall be
maintained at the food facility and made available upon request. The
food facility shall post a notice advising patrons that a copy of the
most recent routine inspection report is available for review by any
interested party.
113725.2. The department and local enforcement agencies shall
conduct routine training on food facility inspection standardization
to promote the uniform application of inspection procedures.
113725.3. (a) The department shall publish standardized
procedures for enforcement agencies to report food facility
inspection information regarding each food facility. The report shall
include all of the following:
(1) Name and address of the food facility.
(2) Date of last inspection.
(3) Identification of any major violation identified in a food
facility inspection.
(4) Reinspection date, if applicable.
(5) Period of closure, if applicable.
(b) The department, in consultation with local environmental
health officers, representatives of the retail food industry, and
other interested parties, may periodically review and revise the
standardized procedures established pursuant to subdivision (a). In
making any revisions, the department shall strive to ensure that the
required information can be reported and made available in the most
efficient, timely, and cost-effective manner.
(c) (1) The standardized procedures established pursuant to this
section shall include a standardized electronic format and protocol
for reporting the food facility inspection data in a timely manner,
and shall strive to ensure that the information is readily
accessible, can be rapidly reported, and, if necessary, corrected,
for each food facility that has been inspected or reinspected. If the
enforcement agency determines that reported information is
materially in error, that error shall be corrected within 48 hours
after that determination.
(2) The department may establish standardized procedures for
reporting the information on electronic media, including, but not
limited to, floppy disks or compact disks.
(d) Within 60 days after the department has established the
standardized procedures pursuant to this section, the department
shall publish these procedures.
(e) (1) Each enforcement agency that reports food facility
inspection information on an Internet Web site shall report the
information in accordance with the standardized procedures
established pursuant to this section.
(2) This section shall not restrict the ability of an enforcement
agency to report on matters other than matters subject to regulation
under this part.
(f) The department may establish a link to each Internet Web site
utilized by any enforcement agency containing the food facility
inspection information pursuant to subdivision (e).
CHAPTER 2. Definitions
113728. The following definitions apply in the interpretation and
application of this part.
113729. "Food additive" has the meaning stated in Section 109940.
"Color additive" has the meaning stated in Section 109895.
113732. "Adulterated" means:
(a) Food that bears or contains any poisonous or deleterious
substance that may render the food impure or injurious to health.
(b) Food that is manufactured, prepared, or stored in a manner
that deviates from a HACCP plan so as to pose a discernable increase
in risk.
113734. "Approved" means acceptable to the enforcement agency
based on a determination of conformity with applicable laws, or, in
the absence of applicable laws, current public health principles,
practices, and generally recognized industry standards that protect
public health.
113735. "Approved source" means a producer, manufacturer,
distributor, transporter that meets the requirements of Section
113982, or food facility that is acceptable to the enforcement agency
based on a determination of conformity with applicable laws, or, in
the absence of applicable laws, with current public health principles
and practices, and generally recognized industry standards that
protect public health.
113737. "aw" means water activity that is a measure of the free
moisture in a food, is the quotient of the water vapor pressure of
the substance divided by the vapor pressure of pure water at the same
temperature, and is indicated by the symbol aw.
113739. "Beverage" means a liquid for drinking, including water.
113742. "Certified farmers' market" means a location that is
certified by the State of California through the enforcement officers
of the county agricultural commissioners and operated pursuant to
Chapter 10.5 (commencing with Section 47000) of Division 17 of the
Food and Agricultural Code and regulations adopted pursuant to that
chapter.
113744. "C.F.R." means the Code of Federal Regulations. Citations
in this part to the C.F.R. refer sequentially to the title, part,
and section numbers, such as 21 C.F.R. 178.1010 refers to Title 21,
Part 178, Section 1010.
113746. "Child day care facility" means a facility that provides
nonmedical care to children under 18 years of age in need of personal
services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the individual on
less than a 24-hour basis. "Child day care facility" includes day
care centers, employer-sponsored child care centers, and family day
care homes.
113747. (a) "CIP" means cleaned in place by the circulation or
flowing by mechanical means through a piping system of a detergent
solution, water rinse, and sanitizing solution onto or over equipment
surfaces that require cleaning, such as the method used, in part, to
clean and sanitize a frozen dessert machine.
(b) "CIP" does not include the cleaning of equipment such as band
saws, slicers, or mixers that are subjected to in-place manual
cleaning without the use of a CIP system.
113748. "Commingle" means:
(a) To combine shellstock harvested on different days or from
different growing areas as identified on the tag or label.
(b) To combine shucked shellfish from containers with different
container codes or different shucking dates.
113750. (a) "Comminuted" means reduced in size by methods
including chopping, flaking, grinding, or mincing.
(b) "Comminuted" includes fish or meat products that are reduced
in size and restructured or reformulated including, but not limited
to, gefilte fish, formed roast beef, gyros, ground beef, sausage, and
a mixture of two or more types of meat that have been reduced in
size and combined, including, but not limited to, sausages made from
two or more meats.
113751. "Commissary" means a food facility that services mobile
food facilities, mobile support units, or vending machines where all
of the following occur:
(a) Food, containers, or supplies are stored.
(b) Food is prepared or prepackaged for sale or service at other
locations.
(c) Utensils are cleaned.
(d) Liquid and solid wastes are disposed, or potable water is
obtained.
113753. "Community care facility" means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and
those persons described in Section 1502.
113755. "Community event" means an event that is of 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.
113756. "Condiment" means a nonpotentially hazardous food, such
as relishes, spices, sauces, confections, or seasonings, that
requires no additional preparation, and that is used on a food item,
including, but not limited to, ketchup, mustard, mayonnaise,
sauerkraut, salsa, salt, sugar, pepper, or chile peppers.
113757. "Consumer" means a person who is a member of the public,
takes possession of food, is not functioning in the capacity of an
operator of a food facility, and does not offer the food for resale.
113759. "Control point" means any distinct procedure or step in
receiving, storing, handling, preparing, displaying, transporting, or
dispensing a food.
113760. "Critical control point" means a point or procedure in a
specific food system where loss of control may result in an
unacceptable health risk.
113761. "Critical limit" means the maximum or minimum value to
which a physical, biological, or chemical parameter must be
controlled at a critical control point to minimize the risk that the
identified food safety hazard may occur.
113763. "Department" means the State Department of Health
Services.
113767. (a) "Easily cleanable" means a characteristic of a
surface that meets any of the following criteria:
(1) Allows effective removal of soil or food residue by normal
cleaning methods.
(2) Is dependent on the material, design, construction, and
installation of the surface.
(3) Varies with the likelihood of the surface's role in
introducing pathogenic or toxigenic agents or other contaminants into
food based on the surface's approved placement, purpose, and use.
(b) "Easily cleanable" includes a tiered application of the
criteria that qualify the surface as easily cleanable pursuant to
subdivision (a) to different situations in which varying degrees of
cleanability are required such as any of the following:
(1) The appropriateness of stainless steel for a food preparation
surface, as opposed to the lack of need for stainless steel, to be
used for floors or for tables used for consumer dining.
(2) The need for a different degree of cleanability for a
utilitarian attachment or accessory in the kitchen as opposed to a
decorative attachment or accessory in the consumer dining area.
113768. "Easily movable" means either of the following:
(a) Portable; mounted on casters, gliders, or rollers so as to be
moveable by one person; or provided with a mechanical means to safely
tilt or move a unit of equipment for cleaning.
(b) Having no utility connection, a utility connection that
disconnects quickly, or a flexible utility connection line of
sufficient length to allow the equipment to be moved for cleaning of
the equipment and adjacent area.
113769. "Egg" means the shell egg of the domesticated chicken,
turkey, duck, goose, or guinea.
113770. "Employee" means the permitholder, person in charge,
person having supervisory or management duties, person on the
payroll, family member, volunteer, person performing work under
contractual agreement, or other person working in a food facility.
113773. "Enforcement agency" means the department and all local
health agencies.
113774. "Enforcement officer" means the director, agents, or
environmental health specialists appointed by the Director of Health
Services, and all local health officers, directors of environmental
health, and their duly authorized registered environmental health
specialists and environmental health specialist trainees.
113777. (a) "Equipment" means an article that is used in the
operation of a food facility, including, but not limited to, a
freezer, grinder, hood, icemaker, meat block, mixer, oven, reach-in
refrigerator, scale, food and utensil shelving and cabinets, sink,
slicer, stove, table, temperature measuring device for ambient air,
vending machine, or warewashing machine.
(b) "Equipment" does not include items used for handling or
storing large quantities of prepackaged foods that are received from
a supplier in a cased or overwrapped lot, such as hand trucks,
forklifts, dollies, pallets, racks, and skids.
113778. "Exclude" means to prevent a person from working as a
food employee or entering a food facility except for those areas open
to the general public.
113779. (a) "Fish" means fresh or saltwater finfish, crustaceans,
and other forms of aquatic life, including alligator, frog, aquatic
turtle, jellyfish, sea cucumber, sea urchin, and the roe of these
animals, other than birds or mammals, and all molluscan shellfish, if
intended for human consumption.
(b) "Fish" includes a product derived in whole or in part from
fish, including fish that have been processed in any manner.
113781. "Food" means a raw, cooked, or processed edible
substance, ice, beverage, an ingredient used or intended for use or
for sale in whole or in part for human consumption, and chewing gum.
113783. "Food bank" means a surplus food collection and
distribution system operated and established to assist in bringing
donated food to nonprofit charitable organizations and individuals
for the purposes of reducing hunger and supplying nutritional needs.
113784. "Food compartment" means an enclosed space with all of
the following characteristics:
(a) The space is defined by a physical barrier from the outside
environment that completely encloses all food, food-contact surfaces,
and the handling of nonprepackaged food.
(b) All access openings are equipped with tight-fitting closures,
or one or more alternative barriers that effectively protect the food
from contamination, facilitate safe food handling, while minimizing
exposure to the environment.
(c) It is constructed from materials that are nontoxic, smooth,
easily cleanable, and durable and is constructed to facilitate the
cleaning of the interior and exterior of the compartment.
113786. "Food-contact surface" means either of the following:
(a) A surface of equipment or a utensil with which food normally
comes into contact.
(b) A surface of equipment or a utensil from which food may drain,
drip, or splash into a food or on to a surface normally in contact
with food.
113788. "Food employee" means an employee working with food, food
equipment or utensils, or food-contact surfaces.
113789. (a) "Food facility" means an operation where food is
stored, prepared, prepackaged, served, sold, or where food is
otherwise provided for human consumption at the retail level,
including, but not limited to the following:
(1) A restaurant, satellite or catered feeding location, catering
operation if the operation provides food directly to a consumer or to
a conveyance used to transport people, market, vending location,
institution, or food bank that relinquishes possession of food to a
consumer directly or indirectly through a delivery service such as
home delivery of grocery orders or restaurant takeout orders.
(2) An operation that is conducted in a mobile, temporary, or
permanent food facility or location where the food is consumed on or
off the premises, regardless of whether there is a charge for the
food.
(3) Any place used in conjunction with the operations described in
this subdivision, including, but not limited to, storage facilities
for food-related utensils, equipment, and materials.
(b) "Food facility" includes permanent and nonpermanent food
facilities, including, but not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Supervised care facilities.
(4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers' markets, for purposes of permitting and
enforcement.
(c) "Food facility" does not include any of the following:
(1) A private home, a church and nonprofit charitable organization
that gives or sells food to its members and guests, or a for-profit
entity that gives or sells food to members and guests for the benefit
of a nonprofit association, if the for-profit entity receives no
monetary benefit, other than that resulting from recognition from
participating in an 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.
(3) Premises operated by a producer, selling or offering for sale
only whole produce grown by the producer, or shell eggs, or both,
provided the sales are conducted on premises controlled by the
producer.
(4) A commercial food processing plant as defined in Section
111955.
113791. "Food preparation" means packaging, processing,
assembling, portioning, or any operation that changes the form,
flavor, or consistency of food, but does not include trimming of
produce.
113794. "Food safety program" means any city, county, or city and
county program that requires, at a minimum, either of the following:
(a) The training of one or more individuals, whether denominated
as "owners," "managers," "handlers," or otherwise, relating in any
manner to food safety issues.
(b) Individuals to pass a food safety certification examination.
113794.1. "Food handler program" means any city, county, or city
and county program that requires that all or a substantial portion of
the employees of a food facility who are involved in the
preparation, storage, service, or handling of food products, engage
in an approved food safety training or pass an approved food safety
certification examination, or both.
113795. (a) "Game animal" means an animal, the products of which
are food, that is not classified as cattle, sheep, swine, goat,
horse, mule, or other equine in 9 C.F.R. 301, as poultry in 9 C.F.R.
381, or as fish as defined under Subpart 1-201.10(B)(31) of the Food
and Drug Administration 2001 Food Code.
(b) "Game animal" includes mammals such as reindeer, elk, deer,
antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon,
nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c) "Game animal" does not include ratites such as ostrich, emu,
and rhea.
113797. "Grade A standards" means the requirements of the United
States Public Health Service/FDA "Grade A Pasteurized Milk Ordinance"
and "Grade A Condensed and Dry Milk Ordinance" with which certain
fluid and dry milk and milk products comply.
113799. "HACCP" means a Hazard Analysis Critical Control Point.
113801. "HACCP plan" means a written document that delineates the
formal procedures for following the Hazard Analysis Critical Control
Point principles developed by the National Advisory Committee on
Microbiological Criteria for Foods and complies with the requirements
of Section 114419.1.
113803. "Hazard" means a biological, chemical, or physical
property that may cause an unacceptable public health risk.
113804. "Hearing officer" means a local health officer, a
director of environmental health, or his or her designee.
113805. "Hermetically sealed container" means a container that is
designed and intended to be secure against the entry of
micro-organisms and, in the case of low acid canned foods, to
maintain the commercial sterility of its contents after processing.
113806. "Highly susceptible population" means a group of persons
who are more likely than other populations to experience foodborne
illness because they are immunocompromised or older adults or
children and includes, but is not limited to, persons at supervised
care facilities.
113810. "Imminent health hazard" means a significant threat or
danger to health that is considered to exist when there is evidence
sufficient to show that a product, practice, circumstance, or event
creates a situation that can cause food infection, food intoxication,
disease transmission, vermin infestation, or hazardous condition
that requires immediate correction or cessation of operation to
prevent injury, illness, or death.
113812. "Impound" means the legal control exercised by the
enforcement officer over the use, sale, disposal, or removal of any
food, equipment, or utensils.
113814. "Injected" means manipulating a meat so that infectious
or toxigenic microorganisms may be introduced from its surface to its
interior through tenderizing with deep penetration or injecting the
meat by processes that may be referred to as "injecting," "pinning,"
or "stitch pumping."
113815. "Juice" means the aqueous liquid expressed or extracted
from one or more fruits or vegetables, purees of the edible portions
of one or more fruits or vegetables, or any concentrates of such
liquid or puree. "Juice" includes juice as a beverage, an ingredient
of a beverage, and a puree as an ingredient of a beverage.
113816. "Law" means applicable local, state, and federal
statutes, regulations, and ordinances.
113818. (a) "Limited food preparation" means food preparation that
is restricted to one or more of the following:
(1) Heating, frying, baking, roasting, popping, blending, or
assembly of nonprepackaged food.
(2) Bulk dispensing of nonpotentially hazardous beverages.
(3) Holding, portioning, and dispensing of any foods that are
prepared for satellite food service by the onsite permanent food
facility or prepackaged by another approved source.
(4) Slicing and chopping of food on a cooking surface.
(5) Cooking and seasoning to order.
(b) "Limited food preparation" does not include thawing, cooling
of cooked potentially hazardous food, slicing, chopping, or grinding
of raw ingredients or potentially hazardous food, reheating for hot
holding, washing of foods, or cooking of potentially hazardous foods
for later use.
113820. "Linens" means fabric items such as cloth hampers, cloth
napkins, tablecloths, wiping cloths, and work garments, including
cloth gloves.
113821. "Major violation" means a violation of this part that
poses an imminent health hazard and warrants immediate closure of the
food facility or immediate correction.
113823. "Meat" means the flesh of animals used as food, including
the dressed flesh of cattle, swine, sheep, goats, game animal, and
other edible animals, except fish and poultry.
113824. "Menu change" means a modification of a food facility's
menu that would require a change in the food facility's food
preparation methods, storage equipment, or storage capacity
previously approved by the local enforcement agency. These changes
may include, but are not limited to, the addition of potentially
hazardous foods to a menu, installation of new food preparation or
storage equipment, or increasing storage capacity.
113825. "Members and guests" means the following for purposes of
Section 113789:
(a) "Member" means a person who is a member of a church or other
nonprofit charitable organization.
(b) "Guest" means a person to whom hospitality at a home or club
has been personally extended. "Guest" does not include a member of
the general public invited by means of an offsite flier or banner,
newspaper advertisement, Internet, radio, or television announcement.
113827. "Minor violation" means a violation of this part that
does not pose an imminent health hazard, but does warrant correction.
113831. "Mobile food facility" means any vehicle used in
conjunction with a commissary or other permanent food facility upon
which food is sold or distributed at retail. "Mobile food facility"
does not include a "transporter" used to transport packaged food from
a food facility, or other approved source to the consumer.
113833. "Mobile support unit" means a vehicle used in conjunction
with a commissary or other permanent food facility 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.
113835. "Molluscan shellfish" means any edible species of fresh
or frozen oysters, clams, mussels, and scallops or edible portions
thereof, except when the scallop product consists only of the shucked
adductor muscle.
113837. "Multiservice utensil" means a utensil manufactured and
approved for use more than one time.
113839. "Nonpermanent food facility" means a food facility that
operates from a mobile unit or at a nonpermanent location, including,
but not limited to, a certified farmers' market, a mobile food
facility, a mobile support unit, a temporary food facility, or a
vending machine.
113841. "Nonprofit charitable organization" means either of the
following:
(a) A corporation incorporated pursuant to the Nonprofit
Corporation Law (Division 2 (commencing with Section 5000) of Title 1
of the Corporations Code), that is exempt from taxation pursuant to
paragraphs (1) to (10), inclusive, and paragraph (19) of Section 501
(c) of the Internal Revenue Code and Section 23701d of the Revenue
and Taxation Code.
(b) An established club or organization of students that operates
under the authorization of a school or educational facility.
113843. "Open-air barbecue" means a piece of equipment designed
for barbecuing food, where the food is prepared out of doors by
cooking directly over hot coals, heated lava, hot stones, gas flame,
or other method approved by the department, on equipment suitably
designed and maintained for use out of doors, that is operated by a
temporary food facility, or a mobile food facility that remains fixed
during hours of operations at a community event or a permanent food
facility.
113846. "Outdoor wood-burning oven" means an oven located out of
doors, that utilizes wood as the primary fuel for cooking and is
operated on the same premises as, and in conjunction with, a
permanent food facility.
113849. "Permanent food facility" means a food facility operating
in a permanently constructed structure, including any room,
building, place, or portion thereof, maintained, used, or operated
for the purpose of storing, preparing, serving, manufacturing,
packaging, or otherwise handling food at the retail level.
113851. "Permit" means the document issued by the enforcement
agency that authorizes a person to operate a food facility.
113853. "Permitholder" means the entity that is legally
responsible for the operation of the food facility, such as the
owner, the owner's agent, or other person, and possesses a valid
permit to operate a food facility.
113855. "Person" means any individual, firm, partnership, joint
venture, association, limited liability company, corporation, estate,
trust, receiver, syndicate, city, county, or other political
subdivision, or any other group or combination acting as a unit.
113856. "Person in charge" means the individual present at a food
facility who is responsible for the operation of the food facility.
113859. (a) "Personal care items" means items or substances that
may be poisonous, toxic, or a source of contamination and are used to
maintain or enhance a person's health, hygiene, or appearance.
(b) "Personal care items" include items such as medicines, first
aid supplies, cosmetics, and toiletries such as toothpaste and
mouthwash.
113861. "pH" means the symbol for the negative logarithm of the
hydrogen ion concentration, which is a measure of the degree of
acidity or alkalinity of a solution. Values between 0 and 7 indicate
acidity and values between 7 and 14 indicate alkalinity. The value
for pure distilled water is 7, which is considered neutral.
113863. "Plumbing fixture" means a receptacle or device that is
permanently or temporarily connected to the water distribution system
of the premises and demands a supply of water from the system or
discharges used water, waste materials, or sewage directly or
indirectly to the drainage system of the premises.
113865. "Plumbing system" means the water supply and distribution
pipes, plumbing fixtures and traps, soil, waste, and vent pipes,
sanitary and storm sewers and building drains, including their
respective connections, devices, and appurtenances within the
premises, and water-treating equipment.
113867. "Poisonous or toxic materials" means substances that are
not intended for ingestion and are included in one of the following
categories:
(a) Cleaners and sanitizers, which include cleaning and sanitizing
agents and agents such as caustics, acids, drying agents, polishes,
and other chemicals.
(b) Pesticides except sanitizers, which include substances such as
insecticides and rodenticides.
(c) Substances necessary for the operation and maintenance of the
facility, such as nonfood grade lubricants and personal care items
that may be deleterious to health.
(d) Substances that are not necessary for the operation and
maintenance of the facility and are on the premises for retail sale,
such as petroleum products and paints.
113868. "Portable" means equipment that is capable of being
lifted and moved or has utility connections that are designed to be
disconnected or of sufficient length to permit the unit to be moved
for cleaning, and does not exceed 80 pounds (36kg) in weight.
113869. "Potable water" means water that complies with the
standards for transient noncommunity water systems pursuant to the
California Safe Drinking Water Act (Chapter 4 (commencing with
Section 116270) of Part 12, to the extent permitted by federal law.
113871. (a) "Potentially hazardous food" means a food that is
natural or synthetic and that requires temperature control because it
is in a form capable of supporting the rapid and progressive growth
of infectious or toxigenic micro-organisms, the growth and toxin
production of clostridium botulinum, or, in raw shell eggs, the
growth of salmonella enteritidis.
(b) "Potentially hazardous food" includes a food of animal origin
that is raw or heat-treated, a food of plant origin that is
heat-treated or consists of raw seed sprouts, cut melons, and
garlic-in-oil mixtures that are not acidified or otherwise modified
at a food processing plant in a way that results in mixtures that do
not support growth as specified under subdivision (a).
(c) "Potentially hazardous food" does not include any of the
following:
(1) A food with an aw value of 0.85 or less.
(2) A food with a pH level of 4.6 or below when measured at 75*F.
(3) A shell egg that is not hard-boiled but has been treated to
destroy all viable salmonellae.
(4) A food in an unopened, hermetically sealed container that is
commercially processed to achieve and maintain commercial sterility
under conditions of nonrefrigerated storage and distribution.
(5) A food that has been shown by appropriate microbial challenge
studies approved by the enforcement agency not to support the rapid
and progressive growth of infectious or toxigenic micro-organisms
that may cause food infections or food intoxications, or the growth
and toxin production of clostridium botulinum, such as a food that
has an aw and a pH that are above the levels specified under
paragraphs (1) and (2) and that may contain a preservative, other
barrier to the growth of micro-organisms, or a combination of
barriers that inhibit the growth of micro-organisms.
(6) A food that does not support the rapid and progressive growth
of infectious or toxigenic micro-organisms, even though the food may
contain an infectious or toxigenic micro-organism or chemical or
physical contaminant at a level sufficient to cause illness.
113873. (a) "Poultry" means either of the following:
(1) Any domesticated bird, including chickens, turkeys, ducks,
geese, or guineas, whether live or dead, as defined in 9 C.F.R. 381
Poultry Products Inspection Regulations.
(2) Any migratory waterfowl, game bird, including a pheasant,
partridge, quail, grouse, or guinea, or pigeon, or squab, whether
live or dead, as defined in 9 C.F.R. 362 Voluntary Poultry Inspection
Program.
(b) "Poultry" does not include ratites.
113874. "Premises" means:
(a) The food facility, its contents, and the contiguous land or
property and its facilities and contents that are under the control
of the permitholder.
(b) The food facility, its contents, and the land or property not
described in subdivision (a) if the facility and contents are under
the control of the permitholder and may impact food facility
personnel, facilities, or operations.
113876. "Prepackaged food" means any properly labeled processed
food, prepackaged to prevent any direct human contact with the food
product upon distribution from the manufacturer, and prepared at an
approved source.
113877. "Produce" means any whole fruit or vegetable in its raw
and natural state.
113879. "Produce stand" means a permanent food facility that
sells, offers for sale, or gives away only produce or shell eggs, or
both.
113880. "Producer" means a person or entity who produces shell
eggs, fruits, nuts, or vegetables by practice of the agricultural
arts upon land that the person or entity controls.
113881. "Ready-to-eat food" means food that is in a form that is
edible without additional preparation to achieve food safety, as
specified in Section 114004 or Section 114008, is a raw or partially
cooked animal food and the consumer is advised as specified under
Section 114093, or may receive additional preparation for
palatability or aesthetic, epicurean, gastronomic, or culinary
purposes. "Ready-to-eat food" includes all of the following:
(a) Raw animal food that is cooked as specified in Section 114004
or 114008.
(b) Raw produce that is washed as specified in Section 113992.
(c) Produce that is cooked for hot holding as specified in Section
114010.
(d) All potentially hazardous food that is cooked to the
temperature and time required for the specific food under Sections
114004, 114008 and 114010 and cooled as specified in Section 114002.
(e) Plant food for which further washing, cooking, or other
processing is not required for food safety, and from which rinds,
peels, husks, or shells, if naturally present, are removed.
(f) Substances derived from plants, such as spices, seasonings,
and sugar.
(g) A bakery item, such as bread, cakes, pies, fillings, or icing,
for which further cooking is not required for food safety.
(h) The following products that are produced in accordance with
USDA guidelines and that have received a lethality treatment for
pathogens: dry, fermented sausages, such as dry salami or pepperoni;
salt-cured meat and poultry products, such as prosciutto ham, country
cured ham, and parma ham; and dried meat and poultry products, such
as jerky or beef sticks.
(i) Foods manufactured according to 21 C.F.R. Part 113--Thermally
Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.
113883. "Reduced oxygen packaging" means the reduction of the
amount of oxygen in a package by mechanically evacuating the oxygen,
displacing the oxygen with another gas or combination of gases, or
otherwise controlling the oxygen content in a package to a level
below that normally found in the surrounding atmosphere, which is 21
percent oxygen.
"Reduced oxygen packaging" includes methods that may be referred
to as altered atmosphere, modified atmosphere, controlled atmosphere,
low oxygen, and vacuum packaging, including sous vide.
113885. "Refrigeration unit" means a mechanical unit that
extracts heat from an area through liquefaction and evaporation of a
fluid by a compressor, flame, or thermoelectric device, and includes
a mechanical thermostatic control device that regulates refrigerated
blown air into an enclosed area at or below the minimum required food
storage temperature of potentially hazardous foods in conformance
with Section 113996.
113887. "Refuse" means solid waste not carried by water through
the sewage system.
113889. "Remodel" means construction, building, or repair to the
food facility that requires a permit from the local building
authority. For purposes of mobile food facilities, temporary food
facilities, and satellite food service, "remodel" means any
replacement or significant modification of an integral piece of
equipment.
113891. "Residential care facility for the elderly" means a
housing arrangement chosen voluntarily by persons 60 years of age or
over, or their authorized representative, where varying levels and
intensities of care and supervision, protective supervision, or
personal care are provided, based upon their varying needs, as
determined in order to be admitted and to remain in the facility.
These facilities may include persons under 60 years of age with
compatible needs as determined pursuant to Section 1569.316.
113893. (a) "Restricted food service facility" means either of
the following:
(1) A food facility of 20 guestrooms or less that provides
overnight transient occupancy accommodations, that serves food only
to its registered guests, that serves only a breakfast or similar
early morning meal and no other meals, and that includes the price of
food in the price of the overnight transient occupancy
accommodation.
(2) An agricultural homestay facility that meets all of the
following requirements:
(A) Has not more than six guest rooms or accommodates not more
than 15 guests.
(B) Provides overnight transient accommodations.
(C) Serves food only to its registered guests and serves meals at
any time, and includes the price of food in the price of the
overnight transient occupancy accommodation.
(D) Lodging and meals are incidental and not the primary function
of the agricultural homestay facility.
(E) The agricultural homestay facility is located on, and is a
part of, a farm, as defined in Section 52262 of the Food and
Agricultural Code, that produces agricultural products as its primary
source of income.
(b) Notwithstanding subdivision (a), a restricted food service
facility may serve light foods or snacks presented to the guest for
self-service.
(c) The predominant relationship between the occupants of a
restricted food service facility and the owner or operator of the
facility is that of innkeeper and guest. The existence of some other
legal relationships as between some occupants and the owner or
operator shall be immaterial.
113894. "Restrict" means to limit the activities of a food
employee so that there is no risk of transmitting a disease that is
transmissible through food and the food employee does not work with
exposed food, clean equipment, utensils, linens, and unwrapped
single-use articles.
113895. "Retail" means the storing, preparing, serving,
manufacturing, packaging, transporting, salvaging, or otherwise
handling food for dispensing or sale directly to the consumer.
113897. "Sanitization" means the application of cumulative heat
or chemicals on cleaned food-contact surfaces that, when evaluated
for efficacy, is sufficient to yield a reduction of five logs, which
is equal to a 99.999- percent reduction, of representative disease
micro-organisms of public health importance.
113899. "Satellite food service" means a remotely located food
service operation that is conducted on the same property as, in
reasonable proximity to, and in conjunction with and by, a fully
enclosed permanent food facility. Satellite food service does not
include remote food service operations located within a fully
enclosed permanent food facility.
113901. "Sealed" means free of cracks or other openings that
allow the entry or passage of moisture.
113903. "Service animal" means an animal such as a guide dog,
signal dog, or other animal individually trained to provide
assistance to an individual with a disability.
113907. "Shellfish certification number" means a unique
combination of letters and numbers assigned by a shellfish control
authority to a molluscan shellfish dealer according to the provisions
of the National Shellfish Sanitation Program.
113909. "Shellfish control authority" means a state, federal,
foreign, tribal, or other government entity legally responsible for
administering a program that includes certification of molluscan
shellfish harvesters and dealers for interstate commerce.
113911. "Shellstock" means raw, in-shell molluscan shellfish.
113912. "Shucked shellfish" means molluscan shellfish that have
one or both shells removed.
113914. "Single-use articles" means utensils, tableware,
carry-out utensils, bulk food containers, and other items that are
designed and constructed for one time, one person use, after which
they are intended for discard. Single-use articles include, but are
not limited to, bags, containers, placemats, stirrers, straws,
toothpicks, wrappers, wax paper, butcher paper, plastic wrap, formed
aluminum food containers, jars, plastic tubs or buckets, bread
wrappers, pickle barrels, ketchup bottles, and number 10 cans that do
not meet the materials, durability, strength, and cleanability
specifications under Sections 114130, 114130.1, and 114130.3 for
utensils.
113915. "Slacking" means the process of moderating the
temperature of a food, such as allowing a food to gradually increase
from a temperature of 10/4F to 25/4F in preparation for deep-fat
frying or to facilitate even heat penetration during the cooking of
previously block-frozen food.
113916. "Smooth" means any of the following:
(a) A food-contact surface that is free of pits, pinholes, cracks,
crevices, inclusions, rough edges, and other surface imperfections
detectable by visual or tactile inspection.
(b) A nonfood-contact equipment surface equal to that of
commercial grade hot-rolled steel free of visible scale.
(c) A floor, wall, or ceiling having an even or level surface with
no roughness or projections that render it difficult to clean.
113917. "Swap meet" shall have the meaning set forth in Section
21661 of the Business and Professions Code.
113918. "Supervised care facility" means a community care
facility, a residential care facility for the elderly, or a child day
care facility. Supervised care facilities shall include those
facilities where food is prepared for service, sale, or distribution
at retail.
113924. "Table-mounted equipment" means equipment that is not
portable and is designed to be mounted off the floor on a table,
counter, or shelf.
113926. "Tableware" means eating, drinking, and serving utensils
for table use, including forks, knives, spoons, bowls, cups, serving
dishes, tumblers, and plates.
113928. "Temperature measuring device" means a thermometer,
thermocouple, thermistor, or other device that indicates the
temperature of food, air, or water.
113930. "Temporary food facility" means a food facility approved
by the enforcement officer that may be readily disassembled for
storage or for transporting, and readily assembled to its original
integrity at a different location, is easily movable, and operates at
a fixed location for the duration of an approved community event or
at a swap meet.
113931. "Tight-fitting" means fabricated so that joining members
are in contact along the entire seam with no opening greater than
1/64th inch (.04 cm).
113932. "Transporter" means any vehicle used to transport food
from a manufacturer, distributor, retail food facility, or other
approved source to a retail food facility.
113933. "USDA" means the United States Department of Agriculture.
113934. "Utensil" means a food-contact implement or container
used in the storage, preparation, transportation, dispensing, sale,
or service of food, such as kitchenware or tableware that is
multiuse, single-service, or single-use, gloves used in contact with
food, temperature sensing probes of food temperature measuring
devices, and probe-type price or identification tags used in contact
with food.
113936. "Variance" means a written document issued by the
department that allows the use of an alternative practice or
procedure based on a determination by the department that the
alternate practice or procedure is equivalent to the existing
requirements, and that a health hazard will not result from the
alternative practice or procedure. A variance may be issued in the
following circumstances:
(a) For employee hygiene, as described in subdivision (e) of
Section 113953, and Sections 113953.3 and 113953.4.
(b) For protection of food from contamination, as described in
Sections 113984, 113986, 113988, and 113992.
(c) For time as a public health control, as described in Section
114000.
(d) For cooling time and methods, as described in Sections 114002
and 114002.1.
(e) For cooking and reheating temperatures for potentially
hazardous food, as described in Sections 114004, 114008, 114010, and
114016.
(f) For use of raw shell eggs in foods that are not thoroughly
cooked, as described in Section 114012.
(g) For thawing of frozen food, as described in Section 114020.
(h) For receiving temperatures of potentially hazardous foods, as
described in Section 114037.
(i) For oxygen-reduced atmosphere packaging of potentially
hazardous food, as described in Sections 114057 and 114057.1.
(j) For sanitization methods for food-contact and nonfood-contact
surfaces, as described in Sections 114099.6, 114109, 114117, 114119,
and 114121.
(k) For molluscan shellfish life-support system display tanks, as
described in Section 114039.5.
(l) For methods of food processing or preservation, as described
in Section 114056.
113938. "Vending machine" means a self-service device that, upon
insertion of money or tokens, dispenses food without the necessity of
replenishing the device between each vending operation and that
operates in conjunction with a commissary. "Vending machine" does
not include any device dispensing exclusively peanuts, nuts, popcorn,
gum, or hard candy, prepackaged candy, cookies, crackers, or similar
snacks and beverages that are not potentially hazardous food, and
prepackaged ice.
113939. "Vermin infestation" means the presence of cockroaches,
mice, rats and similar vermin within the food facility as evidenced
by actual live bodies, fresh droppings or vomitus, urine stains, or
gnaw marks, that could result in contamination to the food,
equipment, packaging, or utensils.
113940. "Warewashing" means the cleaning and sanitizing of
utensils and food-contact surfaces of equipment.
113941. "Warm water" means water that is supplied through a
mixing valve or combination faucet at a temperature of at least
100/4F.
CHAPTER 3. Management and Personnel
Article 1. Supervision
113945. The permitholder shall be the person in charge or shall
designate a person in charge and shall ensure that a person in charge
is present at the food facility during all hours of operation.
113945.1. The person in charge shall ensure both of the
following:
(a) Except as specified in Section 113984.1, persons unnecessary
to the food facility operation shall not be allowed in the food
preparation, food storage, or warewashing areas.
(b) Consumers are notified that clean tableware is to be used when
they return to self-service areas, such as salad bars and buffets,
as specified in Section 114075.
Article 2. Employee Knowledge
113947. (a) (1) Each food facility shall have an owner or
employee who has successfully passed an approved and accredited food
safety certification examination. For purposes of this section,
multiple contiguous food facilities permitted within the same
site and under the same
management, ownership, or control shall be deemed to be one food
facility, notwithstanding the fact that the food facilities may
operate under separate permits.
(2) The Legislature finds and declares that the certification
required by this section may impose hardship on the owners and
operators of smaller food facilities and, therefore, to the extent
that a person who is seeking certification pursuant to this section
requires training in order to successfully pass an approved and
accredited food safety certification examination, this training shall
be designed and provided in as flexible a manner as possible. To
that end, the Legislature further finds and declares that this
training may include, but need not be limited to, classroom training,
home study programs, and computer-assisted training.
(3) For purposes of this section, a food facility is a facility at
which nonprepackaged potentially hazardous foods are prepared,
handled, or served. Those facilities that prepare, handle, or serve
nonprepackaged nonpotentially hazardous foods may choose to meet the
requirements through certification, or may adequately demonstrate to
the enforcement officer the knowledge of the employees of the food
facility of food safety principles as they relate to the specific
food operation.
(4) (A) Notwithstanding paragraph (1), this section shall not
require a temporary food facility to have an owner or employee meet
the requirements through full certification, but shall require
adequate demonstration to the enforcement officer the knowledge of
food safety principles as they relate to the specific food operation.
(B) Notwithstanding paragraph (1), this section shall not apply to
the premises of a licensed winegrower or brandy manufacturer
utilized for winetastings conducted pursuant to Section 23356.1 of
the Business and Professions Code of wine or brandy produced or
bottled by, or produced and prepackaged for, that licensee when use
is limited to winetasting.
(b) A food facility that commences operation, changes ownership,
or no longer has a certified owner or employee pursuant to this
section shall have 60 days to comply with subdivision (a).
(c) Notwithstanding subdivision (a), there shall be at least one
food safety certified owner or employee at each food facility. No
certified person at a food facility for purposes of subdivision (a)
may serve at any other food facility as the person required to be
certified pursuant to this section. The certified owner or employee
need not be present at the food facility during all hours of
operation.
(d) The responsibilities of a certified owner or employee at a
food facility shall include the safety of food preparation and
service, including ensuring that all employees who handle, or have
responsibility for handling, nonprepackaged foods of any kind, have
sufficient knowledge to ensure the safe preparation or service of the
food, or both. The nature and extent of the knowledge that each
employee is required to have may be tailored, as appropriate, to the
employee's duties related to food safety issues.
(e) The food safety certificate issued pursuant to this section
shall be retained on file at the food facility at all times, and
shall be made available for inspection by the enforcement officer.
(f) The issuance date for each original certificate issued
pursuant to this section shall be the date when the individual
successfully completes the examination. A certificate shall expire
five years from the date of original issuance. Any replacement or
duplicate certificate shall have as its expiration date the same
expiration date that was on the original certificate.
(g) Certified individuals shall be recertified every five years by
passing an approved and accredited food safety certification
examination.
(h) A food safety program that was not in effect prior to January
1,1999, shall not be enacted, adopted, implemented, or enforced,
unless the program fully conforms with the requirements of this part.
113947.1. The food safety certification examination shall
include, but need not be limited to, all of the following elements of
knowledge:
(a) Foodborne illness, including terms associated with foodborne
illness, micro-organisms, hepatitis A, and toxins that can
contaminate food and the illness that can be associated with
contamination, definition and recognition of potentially hazardous
foods, chemical, biological, and physical contamination of food, and
the illnesses that can be associated with food contamination, and
major contributing factors for foodborne illness.
(b) The relationship between time and temperature with respect to
foodborne illness, including the relationship between time and
temperature and micro-organisms during the various food handling,
preparation, and serving states, and the type, calibration, and use
of thermometers in monitoring food temperatures.
(c) The relationship between personal hygiene and food safety,
including the association of hand contact, personal habits and
behaviors, and food employee health to foodborne illness, and the
recognition of how policies, procedures, and management contribute to
improved food safety practices.
(d) Methods of preventing food contamination in all stages of food
handling, including terms associated with contamination and
potential hazards prior to, during, and after delivery.
(e) Procedures for cleaning and sanitizing equipment and utensils.
(f) Problems and potential solutions associated with facility and
equipment design, layout, and construction.
(g) Problems and potential solutions associated with temperature
control, preventing cross-contamination, housekeeping, and
maintenance.
113947.2. (a) Food safety certification shall be achieved by
successfully passing an examination from an accredited food
protection manager certification organization. The certification
organization must be accredited by the American National Standards
Institute as meeting the requirements of the Conference for Food
Protection's "Standards for Accreditation of Food Protection Manager
Certification Programs." Those food employees who successfully pass
an approved certification examination shall be issued a certificate
by the certifying organization, which shall be valid for a period of
five years from the date of issuance.
(b) (1) Within 12 months after the effective date of this part,
the department, in consultation with the California Conference of
Directors of Environmental Health, representatives of the retail food
industry, and other interested parties, shall develop and implement
a program for the purposes of demonstrating adequate knowledge for
operators of temporary food facilities.
(2) At least one of the accredited statewide food safety
certification examinations shall cost no more than sixty dollars
($60), including the certificate. However, the department may adjust
the cost of food safety certification examinations to reflect actual
expenses incurred in producing and administering the food safety
certification examinations required under this section. If a food
safety certification examination is not available at the price
established by the department, the certification and recertification
requirements relative to food safety certification examinations
imposed by this section shall not apply.
113947.3. Except as provided in Section 113947.4, no city,
county, or city and county may enact, adopt, implement, or enforce
any requirement that any food facility or any person certified
pursuant to this section do any of the following:
(a) Obtain any food safety certificate or other document in
addition to the certificate required by Section 113947.
(b) Post, place, maintain, or keep the certificate other than as
specified in subdivision (e) of Section 113947.
(c) Pay any fee or other sum as a condition for having a
certificate verified, validated, or otherwise processed by the city,
county, or city and county.
113947.4. Certification conferred pursuant to this part shall be
recognized throughout the state. Nothing in this part shall be
construed to prohibit any enforcement agency from implementing or
enforcing a food handler program that took effect prior to January 1,
1998, but only in the form in which the program existed prior to
January 1, 1998.
113947.5. Notwithstanding Section 114395, a violation of any
provision in Sections 113947 to 113947.4, inclusive, shall constitute
an infraction punishable by a fine of not more than one hundred
dollars ($100) for each day of operation in violation.
Article 3. Employee Health
113949. The permit holder shall require food employee applicants
to whom a conditional offer of employment is made and food employees
to report to the person in charge, information about their health and
health status as they relate to diseases transmissible through food.
A food employee or applicant shall report information, including the
date of onset of jaundice or of an illness specified under
subdivision (c), regarding any of the following in a manner that
allows the person in charge to prevent foodborne disease
transmission:
(a) Diagnosis by a licensed medical practitioner of an illness due
to any of the following:
(1) Salmonella Typhi.
(2) Salmonella spp.
(3) Shigella spp.
(4) Entamoeba histolytica.
(5) Shinga toxin-producing Escherichia coli.
(6) Hepatitis A virus.
(7) Norovirus.
(b) Has either of the following conditions:
(1) A symptom caused by illness, infection, or other source that
could be transmitted by food, including, but not limited to, the
following:
(A) Diarrhea.
(B) Fever with abdominal cramps.
(C) Vomiting.
(D) Jaundice.
(E) Sore throat with fever.
(2) A lesion containing pus, such as a boil or infected wound that
is open or draining and is one of the following:
(A) On the hands or wrists, unless an impermeable cover, such as a
finger cot or stall, protects the lesion and a single-use glove is
worn over the impermeable cover.
(B) On exposed portions of the arms, unless the lesion is
protected by an impermeable cover.
(C) On other parts of the body, unless the lesion is covered by a
dry, durable, tight-fitting bandage.
(c) Had a past illness diagnosed by a licensed medical
practitioner from any of the following:
(1) Salmonella Typhi at any time.
(2) Salmonella spp. within the past month.
(3) Shigella spp. within the past month.
(4) Entamoeba histolytica at any time.
(5) Shiga toxin-producing Escherichia coli, within the past month.
(6) Hepatitis A virus within the past two weeks.
(7) Norovirus within the past two weeks.
113949.1. The person in charge may inquire from the applicant or
employee whether he or she is subject to one or more of the following
high-risk conditions:
(a) Is suspected of causing, or being exposed to, a confirmed
disease outbreak caused by Salmonella spp., Shigella spp., Entamoeba
histolytica, Shiga toxin-producing Escherichia coli, hepatitis A
virus, or norovirus, including an outbreak at an event such as a
family meal, church supper, or festival because the food employee or
applicant did any of the following:
(1) Prepared food implicated in the outbreak.
(2) Consumed food implicated in the outbreak.
(3) Consumed food at the event prepared by a person who is
infected or ill with the infectious agent that caused the outbreak or
who is suspected of being a shedder of the infectious agent.
(b) Lives in the same household as, and has knowledge about, a
person who is diagnosed with a disease caused by Salmonella Typhi,
Salmonella spp., Entamoeba histolytica, Shigella spp., Shiga
toxin-producing Escherichia coli, hepatitis A virus, or norovirus.
(c) Lives in the same household as, and has knowledge about, a
person who attends or works in a setting where there is a confirmed
disease outbreak caused by Salmonella Typhi, Salmonella spp.,
Shigella spp., Entamoeba histolytica, Shiga toxin-producing
Escherichia coli, hepatitis A virus, or norovirus.
113950. The person in charge shall do all of the following:
(a) Exclude a food employee from a food establishment if the food
employee is diagnosed with an infectious agent specified in
subdivision (a) of Section 113949 and the employee is symptomatic.
(b) Except as provided in subdivision (f), restrict a food
employee if the food employee is diagnosed with an infectious agent
specified in subdivision (a) of Section 113949 and the food employee
is not experiencing symptoms specified in subdivision (b) of Section
113949, but is still culture positive for organisms specified in
subdivision (a) of Section 113949.
(c) Except as provided in subdivision (f), restrict for 48 hours a
food employee who is diagnosed with an infectious agent specified
under subdivision (a) of Section 113949 if the food employee has just
recovered from symptoms and is no longer culture positive for the
organisms specified in subdivision (a) of Section 113949.
(d) Exclude a food employee from a food facility if the food
employee has symptoms specified in subdivision (b) of Section 113949.
(e) Except as noted in subdivision (f), restrict for 48 hours a
food employee who has just recovered from symptoms as specified in
subdivision (b) of Section 113949.
(f) Exclude a jaundiced food employee from the food facility if
the onset of jaundice occurred within the last seven calendar days,
or restrict the food employee if the onset of jaundice occurred more
than seven calendar days ago.
113950.5. (a) The person in charge may remove an exclusion for an
employee diagnosed with an infectious agent specified in subdivision
(a) of Section 113949 if the excluded employee is no longer
symptomatic and notifies the enforcement agency and public health
officer or the local health department, and the excluded employee
provides to the person in charge written medical documentation from
the health officer, that specifies that the excluded person may work
as a food employee because he or she has been asymptomatic for 48
hours and culture negative, or as a restricted employee because he or
she is asymptomatic but culture positive.
(b) The person in charge may remove a restriction for a food
employee diagnosed with an infectious agent specified in subdivision
(a) of Section 113949 if the restricted employee has been
asymptomatic for at least 48 hours and the food employee provides
written medical documentation from the health officer that stools are
free of the infectious agent responsible for the restriction of the
employee.
(c) The person in charge may remove an exclusion for a food
employee who had symptoms specified in subdivision (b) of Section
113949, but is no longer symptomatic, or if the excluded person
provides written medical documentation from a physician licensed to
practice medicine that specifies that the person is free of
infections transmissible by food or that the symptoms experienced
resulted from a chronic noninfectious condition, such as Crohn's
disease, irritable bowel syndrome, or ulcerative colitis.
(d) The person in charge may remove a restriction for an employee
who had symptoms specified in subdivision (b) of Section 113949, but
not diagnosed with a specific infection if the restricted person is
free of the symptoms specified for 48 hours.
113950.7. A food employee or a person who applies for a job as a
food employee shall do both of the following:
(a) In a manner specified under Section 113949, report to the
person in charge the information specified in Sections 113949 and
113949.1.
(b) Comply with exclusions and restrictions that are specified in
Section 113950.
113950.9. (a) The person in charge shall notify the local health
officer that a food employee is diagnosed with an illness due to
Salmonella spp., Shigella spp., Entamoeba histolytica, Shiga
toxin-producing Escherichia coli, hepatitis A virus, or norovirus.
(b) The person in charge shall notify the local health officer
when two or more food employees are concurrently experiencing one or
more of the symptoms specified in paragraph (1) of subdivision (b) of
Section 113949.
113950.10. If a local health officer diagnoses or is notified of
an applicant or employee with an infectious disease described in
subdivision (a) or (c) of Section 113949, the health officer shall
inform the local enforcement agency.
113950.12. When information as to the possibility of disease
transmission is presented to an enforcement officer, he or she shall
investigate conditions and take appropriate action. The enforcement
officer may, after investigation and for reasonable cause, require
any or all of the following measures to be taken:
(a) Immediately exclude any employee from the affected food
facility.
(b) Immediately close the food facility until, in the opinion of
the enforcement officer, no further danger of disease outbreak
exists. Any appeal of the closure shall be made in writing within
five days to the applicable enforcement agency.
(c) Require a medical examination of any employee, with any
laboratory examination that may be indicated. If a medical
examination is refused by an employee, the enforcement officer may
require the immediate exclusion of the refusing employee from that or
any other food facility until an acceptable medical or laboratory
examination shows that the employee is not affected with a disease in
a communicable form.
113951. Food employees experiencing persistent sneezing,
coughing, or a runny nose that causes discharges from the eyes, nose,
or mouth shall not work with exposed food, clean equipment,
utensils, and linens, or unwrapped single-use articles.
Article 4. Handwashing
113952. Food employees shall keep their hands and exposed
portions of their arms clean.
113953. (a) Handwashing facilities shall be provided within or
adjacent to toilet rooms. The number of handwashing facilities
required shall be in accordance with local building and plumbing
codes.
(b) (1) Except as otherwise provided in Section 114358, food
facilities constructed or extensively remodeled after January 1,
1996, that handle nonprepackaged food, shall provide facilities
exclusively for handwashing in food preparation areas and in
warewashing areas that are not located within or immediately adjacent
to food preparation areas. Handwashing facilities shall be
sufficient in number and conveniently located so as to be accessible
at all times for use by food employees.
(2) The handwashing facility shall be separated from the
warewashing sink by a metal splashguard with a height of at least 6
inches, that extends from the back edge of the drainboard to the
front edge of the drainboard, the corners of the barrier to be
rounded. No splashguard is required if the distance between the
handwashing sink and the warewashing sink drainboards is 24 inches or
more.
(c) Handwashing facilities shall be equipped to provide warm water
under pressure for a minimum of 15 seconds through a mixing valve or
combination faucet.
(d) An automatic handwashing facility may be installed and used in
accordance with the manufacturer's instructions.
(e) Notwithstanding subdivision (b), the enforcement agency may
allow handwashing facilities other than those required by this
section when it deems that the alternate facilities are adequate.
113953.1. (a) A handwashing facility shall be clean,
unobstructed, and accessible at all times for employee use.
(b) A handwashing facility shall not be used for purposes other
than handwashing.
(c) Employees shall not clean their hands in a sink used for food
preparation, warewashing, or in a service sink or a curbed cleaning
facility used for the disposal of mop water and similar liquid waste.
(d) Notwithstanding subdivision (c), a warewashing sink may be
used for handwashing as specified in Section 114125.
113953.2. A handwashing facility shall be provided with the
following in dispensers at, or adjacent to, each handwashing
facility:
(a) Handwashing cleanser.
(b) Sanitary single-use towels or a heated-air hand drying device.
113953.3. (a) Except as specified in subdivision (b), all
employees shall thoroughly wash their hands and that portion, if any,
of their arms exposed to direct food contact with cleanser and warm
water by vigorously rubbing together the surfaces of their lathered
hands and arms for at least 10 to 15 seconds and thoroughly rinsing
with clean running water followed by drying of cleaned hands and that
portion, if any, of their arms exposed. Employees shall pay
particular attention to the areas underneath the fingernails and
between the fingers. Employees shall wash their hands in all of the
following instances:
(1) Immediately before engaging in food preparation, including
working with nonprepackaged food, clean equipment and utensils, and
unwrapped single-use food containers and utensils.
(2) After touching bare human body parts other than clean hands
and clean, exposed portions of arms.
(3) After using the toilet room.
(4) After caring for or handling any animal allowed in a food
facility pursuant to this part.
(5) After coughing, sneezing, using a handkerchief or disposable
tissue, using tobacco, eating, or drinking.
(6) After handling soiled equipment or utensils.
(7) During food preparation, as often as necessary to remove soil
and contamination and to prevent cross-contamination when changing
tasks.
(8) When switching between working with raw food and working with
ready-to-eat food.
(9) Before donning gloves for working with food.
(10) Before dispensing or serving food or handling clean tableware
and serving utensils in the food service area.
(11) After engaging in other activities that contaminate the
hands.
(b) If approved and capable of removing the types of soils
encountered in the food operations involved, an automatic handwashing
facility may be used by food employees to clean their hands.
113953.4. (a) Approved hand sanitizer shall be applied only to
hands that are cleaned as specified under Section 113953.3.
(b) A hand sanitizer and a chemical hand sanitizing solution used
as a hand dip shall comply with both of the following:
(1) Either be an approved drug that is listed in the FDA
publication approved drug products with therapeutic equivalence
evaluations as an approved drug based on safety and effectiveness, or
have active antimicrobial ingredients that are listed in the FDA
monograph for OTC Health-Care Antiseptic Drug Products as an
antiseptic handwash.
(2) Consist of components that are meet all of the following
criteria:
(A) Listed for such use in contact with food in 21 C.F.R.
178--Indirect Food Additives: Adjuvants, Production Aids, and
Sanitizers.
(B) Exempt from regulation as food additives under 21 C.F.R.
170.39--Threshold of Regulation for Substances Used in Food-Contact
Articles.
(C) Generally recognized as safe (GRAS) for the intended use in
contact with food within the meaning of the Federal Food, Drug and
Cosmetic Act (FFDCA).
(D) Permitted for such use by an effective Food Contact Substance
Notification as prescribed by Section 409(h) of the FFDCA (21 U.S.C.
Sec. 348(h)) and listed in FDA's Inventory of Effective Premarket
Notifications for Food Contact Substances.
(c) If a hand sanitizer or a chemical hand sanitizing solution
used as a hand dip does not meet the criteria specified under
subparagraph (A) of paragraph (2) of subdivision (b), use shall be
followed by thorough hand rinsing in clean running water before hand
contact with food or by the use of gloves and limited to situations
that involve no direct contact with food and bare hands.
(d) A chemical hand sanitizing solution used as a hand dip shall
be maintained clean and at a strength equivalent to at least 100 mg/L
chlorine.
113953.5. (a) Except as specified in subdivision (b), a sign or
poster that notifies food employees to wash their hands shall be
posted at all handwashing lavatories used by food employees, and
shall be clearly visible to food employees.
(b) This section does not apply to toilet rooms in guestrooms of
restricted food service facilities.
113955. (a) Food employees shall keep their fingernails trimmed,
filed, and maintained so the edges and surfaces are cleanable and not
rough.
(b) Unless wearing intact gloves in good repair, a food employee
may not wear fingernail polish or artificial fingernails when working
with nonprepackaged food.
113957. (a) Gloves shall be worn when contacting food and
food-contact surfaces if the employee has any cuts, sores, rashes,
artificial nails, nail polish, rings (other than a plain ring, such
as a wedding band), uncleanable orthopedic support devices, or
fingernails that are not clean, smooth, or neatly trimmed.
(b) Whenever gloves are worn, they shall be changed, replaced, or
washed as often as handwashing is required by this part.
(c) If used, single-use gloves shall be used for only one task,
such as working with ready-to-eat food or with raw animal food, used
for no other purpose, and shall be discarded when
damaged or soiled, or when interruptions
in the food handling occur.
(d) Except as specified in subdivision (e), slash-resistant gloves
that are used to protect the hands during operations requiring
cutting shall be used only with food that is subsequently cooked as
specified in Section 114004, such as frozen food or a primal cut of
meat.
(e) Slash-resistant gloves may be used with ready-to-eat food that
will not be subsequently cooked if the slash-resistant gloves have a
smooth, durable, and nonabsorbent outer surface or if the
slash-resistant gloves are covered with a smooth, durable,
nonabsorbent glove, or a single-use glove.
(f) Cloth gloves may not be used in direct contact with food
unless the food is subsequently cooked.
113961. (a) Food employees shall minimize bare hand and arm
contact with nonprepackaged food that is in a ready-to-eat form.
(b) Food employees shall use utensils, including scoops, forks,
tongs, paper wrappers, gloves, or other implements, to assemble
ready-to-eat food or to place ready-to-eat food on tableware or in
other containers. However, employees food may assemble or place on
tableware or in other containers ready-to-eat food in an approved
food preparation area without using utensils if hands are cleaned in
accordance with Section 113953.3.
(c) Food that has been served to the customer and then wrapped or
prepackaged at the direction of the customer shall be handled only
with utensils. These utensils shall be properly sanitized before
reuse.
Article 5. Personal Cleanliness
113967. No employee shall commit any act that may result in the
contamination or adulteration of food, food-contact surfaces, or
utensils.
113969. (a) Except as specified in subdivision (b), all employees
preparing, serving, or handling food or utensils shall wear hair
restraints such as hats, hair coverings, or nets that are designed
and worn to effectively keep their hair from contacting
nonprepackaged food, clean equipment, utensils, linens, and unwrapped
single-use articles.
(b) This section does not apply to food employees, such as counter
staff who only serve beverages and wrapped or prepackaged foods,
hostesses, and wait staff, if they present a minimal risk of
contaminating nonprepackaged food, clean equipment, utensils, linens,
and unwrapped single-use articles.
113971. Food employees shall wear clean outer clothing to prevent
contamination of food, equipment, utensils, linens, and single-use
articles.
Article 6. Hygenic Practices
113973. A food employee may not use a utensil more than once to
taste food that is to be sold or served.
113975. (a) Except as specified in subdivision (b), an employee
shall eat, drink, or use any form of tobacco only in designated areas
where no contamination of nonprepackaged food, clean equipment,
utensils, linens, unwrapped single-use articles, or other items
needing protection can result.
(b) A food employee may drink from a closed beverage container if
the container is handled to prevent contamination of the employee's
hands, the container, nonprepacked food, or food-contact surfaces.
113977. Food facilities shall have a "no smoking" sign posted in
the food preparation, food storage, and warewashing areas.
CHAPTER 4. General Food Safety Requirements
Article 1. Protection from Contamination
113980. All food shall be manufactured, produced, prepared,
compounded, packed, stored, transported, kept for sale, and served so
as to be pure and free from adulteration and spoilage; shall have
been obtained from approved sources; shall be protected from dirt,
vermin, unnecessary handling, droplet contamination, overhead
leakage, or other contamination; shall otherwise be fully fit for
human consumption; and shall conform to the applicable provisions of
the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with
Section 109875)).
113982. (a) Food shall be transported in a manner that meets the
following requirements:
(1) The interior floor, sides, and top of the food holding area
shall be constructed of a smooth, washable, impervious material
capable of withstanding frequent cleaning.
(2) The food holding area shall be constructed and operated so
that no liquid wastes can drain onto any street, sidewalk, or
premises.
(3) For potentially hazardous food, approved methods shall be
provided to maintain food at the required holding temperatures.
(4) Food, utensils, and supplies shall be protected from
contamination.
(b) This section shall not apply to the transportation of
prepackaged nonpotentially hazardous foods.
113984. (a) Food preparation counter space shall be provided
commensurate with the food operation.
(b) During preparation, unpackaged food shall be protected from
environmental sources of contamination.
(c) Except as specified in subdivision (d), food preparation shall
be conducted within a fully enclosed food facility.
(d) Limited food preparation may be conducted within a food
compartment or as approved by the enforcement agency. All food shall
be thawed, washed, sliced, and cooled within an approved fully
enclosed food facility.
(e) Food shall be prepared with suitable utensils and on surfaces
that, prior to use, have been cleaned, rinsed, and sanitized as
specified in Section 114117 to prevent cross-contamination.
(f) Overhead protection shall be provided above all food
preparation, food display, and food storage areas.
113984.1. Customer access to a food facility through the food
preparation area is permissible, at the discretion of the
permitholder, 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.
113986. (a) Food shall be protected from cross-contamination by
meeting all of the following requirements:
(1) Separating raw animal food during transportation, storage,
preparation, holding, and display from raw ready-to-eat food,
including other raw animal food such as fish for sushi or molluscan
shellfish, or other raw ready-to-eat food such as produce, and cooked
ready-to-eat food.
(2) Except when combined as ingredients, separating types of raw
animal foods from each other during transportation, storage,
preparation, holding, and display in the following ways:
(A) Using separate equipment for each type.
(B) Arranging each type of food in equipment so that
cross-contamination of one type with another is prevented.
(C) Preparing each type of food at different times or in separate
areas.
(D) Except as specified in subdivision (b) of this section,
storing the food in packages, covered containers, or wrappings.
(E) Cleaning hermetically sealed containers of food of visible
soil before opening.
(F) Protecting food containers that are received packaged together
in a case or overwrap from cuts when the case or overwrap is opened.
(G) Storing damaged, spoiled, or recalled food being held in the
food establishment as specified in Section 114055.
(H) Separating fruits and vegetables before they are washed, as
specified in Section 113992, from ready-to-eat food.
(b) Subparagraph (D) of paragraph (2) of subdivision (a) of this
section shall not apply to any of the following:
(1) Whole, uncut, raw fruits and vegetables and nuts in the shell
that require peeling or hulling before consumption.
(2) Primal cuts, quarters, or sides of raw meat or slab bacon that
are hung on clean, sanitized hooks or placed on clean, sanitized
racks.
(3) Whole, uncut, processed meats, such as country hams, and
smoked or cured sausages that are placed on clean, sanitized racks.
(4) Food being cooled as specified in paragraph (2) of subdivision
(a) of Section 114002.1.
(5) Shellstock.
113988. (a) Food shall be protected from contamination that may
result from the addition of unsafe or unapproved food or color
additives or unsafe or unapproved levels of approved food and color
additives.
(b) A food employee may not apply sulfating agents to fresh fruits
and vegetables intended for raw consumption, or to any potentially
hazardous food.
113990. Ice that has been used as a medium for cooling the
exterior surfaces of food such as melons or fish, prepackaged foods
such as canned beverages, or cooling coils and tubes of equipment,
shall not be used as food.
113992. (a) Produce shall be thoroughly washed in potable water
to remove soil and other contaminants before being cut, combined with
other ingredients, cooked, served, or offered for human consumption
in ready-to-eat form, except as specified in subdivision (b) and
except when intended for washing by the consumer before consumption.
(b) Chemicals used to wash or peel produce shall meet the
requirements specified in 21 C.F.R. 173.315.
Article 2. Time and Temperature Relationships
113996. (a) Except during diligent preparation cooking, cooling,
transportation to or from a retail food facility for a period of less
than 30 minutes, or when time is used as the public health control
as specified under Section 114000, or as otherwise provided in this
section, potentially hazardous food shall be maintained at or above
135*F, or below 41*F.
(b) Roasts cooked to a temperature and for a time specified in
subdivision (b) of Section 114004 may be held at a temperature of
130*F.
(c) The following foods may be held at or below 45*F:
(1) Raw shell eggs.
(2) Unshucked live molluscan shellfish.
(3) Pasteurized milk and pasteurized milk products in original,
sealed containers.
(4) 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. For purposes of this
subdivision, a display case shall not be deemed to be a serving line.
(5) Potentially hazardous foods held for sampling at a certified
farmers' market.
(6) Potentially hazardous foods held during transportation.
113998. If it is necessary to remove potentially hazardous food
from the specified holding temperatures to facilitate preparation,
this preparation shall be diligent, and in no case shall the period
of an ambient-temperature preparation step exceed two cumulative
hours without a return to the specified holding temperatures.
114000. (a) Except as specified in subdivision (b), if 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, the
following shall occur:
(1) The food shall be marked or otherwise identified to indicate
the time that is four hours past the point in time when the food is
removed from temperature control.
(2) The food shall be cooked and served, served if ready-to-eat,
or discarded within four hours from the point in time when the food
is removed from temperature control.
(3) The food in unmarked containers or packages or marked to
exceed a four-hour limit shall be discarded.
(4) Written procedures shall be maintained in the food facility
and made available to the enforcement agency upon request, that
ensure compliance with Section 114002, for food that is prepared,
cooked, and refrigerated before time is used as a public health
control.
(b) In a food facility that serves a highly susceptible
population, time only, rather than time in conjunction with
temperature, may not be used as the public health control for raw
eggs.
114002. (a) Whenever food has been prepared or heated so that it
becomes potentially hazardous, it shall be rapidly cooled if not held
at or above 135*F.
(b) After heating or hot holding, potentially hazardous food shall
be cooled rapidly from 135/4F to 70 *F within two hours and from
70*F to 41*F or below within four hours.
(c) Potentially hazardous food shall be cooled within four hours
to 41*F or less if prepared from ingredients at ambient temperature,
such as reconstituted foods and canned tuna.
(d) Except as specified in subdivision (e), a potentially
hazardous food received in compliance with laws allowing a
temperature above 41*F during shipment from the supplier as specified
in Section 114037, shall be cooled within four hours to 41*F or
less.
(e) Shell eggs need not comply with subdivision (c) or (d) if the
eggs are placed immediately upon their receipt in refrigerated
equipment that maintains an ambient temperature of 45*F or less.
114002.1. (a) The rapid cooling of potentially hazardous foods
shall be accomplished in accordance with the time and temperature
criteria specified in Section 114002 by using one or more of the
following methods based on the type of food being cooled:
(1) Placing the food in shallow 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) Using ice paddles.
(7) Inserting appropriately designed containers in an ice bath and
stirring frequently.
(8) In accordance with a HACCP plan adopted pursuant to this part.
(9) Utilizing other effective means that have been approved by the
enforcement agency.
(b) When placed in cooling or cold holding equipment, food
containers in which food is being cooled shall be arranged in the
equipment to provide maximum heat transfer through the container
walls, loosely covered, or uncovered if protected from overhead
contamination during the cooling period to facilitate heat transfer
from the surface of the food, and stirred as necessary to evenly cool
a liquid or a semi-liquid food.
114004. (a) Except as specified in subdivision (c), all
ready-to-eat foods prepared at a food facility from raw or
incompletely cooked animal tissue shall be cooked to heat all parts
of the food to a temperature and for a time that complies with the
following:
(1) The following shall be heated to a minimum internal
temperature of 145*F or above for 15 seconds:
(A) Raw shell eggs that are broken and prepared in response to a
consumer's order and for immediate service.
(B) Fish.
(C) Single pieces of meat, including beef, veal, lamb, pork, and
game animals from approved sources.
(2) The following shall be heated to a minimum internal
temperature of 155*F for 15 seconds or the temperature specified in
the following chart that corresponds to the holding time for ratites
and injected meats, comminuted meat or any food containing comminuted
meat, or raw eggs and foods containing raw eggs that are not
prepared as specified in paragraph (1).
+-------------------------------------------------+
| Minimum |
+------------------------+------------------------+
| Temperture (*F) | Time |
+------------------------+------------------------+
| 145 | 3 minutes |
+------------------------+------------------------+
| 150 | 1 minute |
+------------------------+------------------------+
| 158 | < 1second |
| | (instantaneous) |
+------------------------+------------------------+
(3) The following shall be heated to a minimum internal
temperature of 165*F for 15 seconds:
(A) Poultry.
(B) Comminuted poultry.
(C) Stuffed fish, stuffed meat, stuffed poultry, stuffed ratites,
stuffed pasta.
(D) Stuffing containing fish, meat, poultry, or ratites.
(b) Whole beef roasts, corned beef roasts, pork roasts, and cured
pork roasts, such as ham, shall be cooked as specified in both of the
following:
(1) In an oven that is preheated to the temperature specified for
the roast's weight in the following chart and that is held at that
temperature.
+----------------+---------------------------------+
| Oven Type | Oven Temperture Based on Roast |
| | Weight |
| +----------------+----------------+
| |Less than 10 lbs| 10 lbs or more |
+----------------+----------------+----------------+
|Still Dry | 350*F or more | 250*F or more |
+----------------+----------------+----------------+
|Convection | 325*F or more | 250*F or more |
+----------------+----------------+----------------+
|High Humidity* | 250*F or less | 250*F or less |
+----------------+----------------+----------------+
|*Relative humidity greater than 90% for at least |
|1 hour measured in the cooking chamber or exit of |
|the oven; or in a moisture-impermeable bag that |
|provides 100% humidity. |
+--------------------------------------------------+
(2) As specified in the following chart, to heat all parts of the
food to a temperature and for the holding time that corresponds to
that temperature.
+------------+------------+------------+------------+
| Temperature| Time* in | Temperature| Time* |
| (*F) | Minutes | (*F) | in Seconds |
+------------+------------+------------+------------+
| 130 | 112 | 147 | 134 |
+------------+------------+------------+------------+
| 131 | 89 | 149 | 85 |
+------------+------------+------------+------------+
| 133 | 56 | 151 | 54 |
+------------+------------+------------+------------+
| 135 | 36 | 153 | 34 |
+------------+------------+------------+------------+
| 136 | 28 | 155 | 22 |
+------------+------------+------------+------------+
| 138 | 18 | 157 | 14 |
+------------+------------+------------+------------+
| 140 | 12 | 158 | 0 |
+------------+------------+------------+------------+
| 142 | 8 | | |
+------------+------------+------------+------------+
| 144 | 5 | | |
+------------+------------+------------+------------+
| 145 | 4 | | |
+------------+------------+------------+------------+
|* Holding time may include postoven heat rise. |
+---------------------------------------------------+
(c) The department shall authorize alternative time and
temperature minimum heating requirements to thoroughly cook the foods
identified in this section when the food facility or person
demonstrates to the department that the alternative heating
requirements provide an equivalent level of food safety.
114008. Raw animal foods cooked in a microwave oven shall meet
all of the following requirements:
(a) Be rotated or stirred throughout or midway during cooking to
compensate for uneven distribution of heat.
(b) Be covered to retain surface moisture.
(c) Be heated to a temperature of at least 165*F in all parts of
the food.
(d) Stand covered for at least two minutes after cooking to obtain
temperature equilibrium.
114010. Fruits and vegetables that are cooked for hot holding
shall be cooked to a minimum temperature of 135/4F.
114012. Except as specified in Section 114091, pasteurized eggs
or pasteurized egg products shall be substituted for raw shell eggs
in the preparation of foods such as Caesar salad, hollandaise or
Bearnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified
beverages that are not cooked as specified under Section 114004, nor
included in Section 114093.
114014. Cooked and refrigerated food that is prepared for
immediate service in response to an individual consumer order may be
served at any temperature.
114016. (a) Except as specified under subdivisions (b) and (c),
potentially hazardous food that is cooked, cooled, and reheated for
hot holding shall be reheated so that all parts of the food reach a
temperature of at least 165*NF for 15 seconds.
(b) Except as specified under subdivision (c), potentially
hazardous food reheated in a microwave oven for hot holding shall be
reheated so that all parts of the food reach a temperature of at
least 165*F and the food is rotated or stirred, covered, and allowed
to stand covered for at least two minutes after reheating.
(c) Ready-to-eat food taken from a commercially processed,
hermetically sealed container, or from an intact package from a food
processing plant shall be heated to a temperature of at least 135/4F
for hot holding.
(d) Reheating for hot holding shall be done rapidly, and the time
the food is between 41/4F and 165 /4F shall not exceed two hours.
(e) Remaining unsliced portions of roasts that are cooked as
specified under Section 114004 may be reheated for hot holding using
the oven parameters and minimum time and temperature conditions as
specified in Section 114004.
114018. Frozen foods shall be stored and displayed in their
frozen state unless being thawed in accordance with Section 114020.
114020. Frozen potentially hazardous food shall only be thawed in
one of the following ways:
(a) Under refrigeration that maintains the food temperature at
41*F or below.
(b) Completely submerged under potable running water for a period
not to exceed two hours at a water temperature of 70*F or below, and
with sufficient water velocity to agitate and flush off loose
particles into the sink drain.
(c) In a microwave oven if immediately followed by diligent
preparation.
(d) As part of a cooking process.
114020.1. Frozen potentially hazardous food that is slacked to
moderate the temperature shall be held under refrigeration that
maintains the food temperature at 41*F or less, or at any temperature
if the food remains frozen.
Article 3. Food from Approved Sources
114025. Ice for use as a food or a cooling medium shall be made
from potable water.
114027. Fish that are received for sale or service shall be
commercially and legally caught or harvested.
114029. (a) Molluscan shellfish shall be obtained from sources
according to law and the requirements specified in the United States
Department of Health and Human Services, Public Health Service, Food
and Drug Administration, National Shellfish Sanitation Program Guide
for the Control of Molluscan Shellfish.
(b) Molluscan shellfish received in interstate commerce shall be
from sources that are listed in the Interstate Certified Shellfish
Shippers List.
(c) Molluscan shellfish that are recreationally caught shall not
be received for sale or service.
114031. (a) Game animals shall be received from an approved
source.
(b) A game animal shall not be received for sale or service if it
is a species of wildlife that is listed in 50 C.F.R. 17 Endangered
and Threatened Wildlife and Plants or is listed as an endangered or
threatened animal by the Department of Fish and Game.
(c) The enforcement agency may approve the use of legally obtained
donated fish and game by nonprofit organizations authorized to serve
meals to indigent persons.
(1) "Fish," as used in this subdivision, shall be defined as that
term is used in Section 45 of the Fish and Game Code.
(2) "Game," as used in this subdivision, means any game bird, as
defined in Section 3500 of the Fish and Game Code, or game mammal, as
defined in Section 3950 of the Fish and Game Code.
Article 4. Receipt of Food
114035. (a) Food shall be inspected upon receipt and prior to any
use, storage, or resale.
(b) Food shall be accepted only if the inspection conducted upon
receipt determines that the food satisfies all of the following:
(1) Was prepared by and received from approved sources.
(2) Is received in a wholesome condition.
(3) Is received in packages that are in good condition and that
protect the integrity of the contents so that the food is not exposed
to adulteration or potential contaminants.
(4) Is in containers and on pallets that are not infested with
vermin or otherwise contaminated.
(c) Potentially hazardous food shall be inspected for signs of
spoilage and randomly checked for adherence to the temperature
requirements as specified in Section 113996.
114037. (a) Except as specified in subdivision (b), refrigerated,
potentially hazardous food may be at a temperature of 45 *F or below
when received, if the potentially hazardous food is cooled within
four hours of receipt to a temperature at or below 41*F.
(b) If a temperature other than 41*F for a potentially hazardous
food is specified in law governing its distribution, the food may be
received at the specified temperature and cooled as specified in
subdivisions (d) and (e) of Section 114002.
(c) Live molluscan shellfish shall not be accepted unless received
at an internal temperature of 45*F or below, or, if received on the
date of harvest, at a temperature above 45*F.
(d) Potentially hazardous food that is received hot shall be at a
temperature of 135/4F or above.
(e) A food that is labeled frozen and shipped frozen by a food
processing plant shall be received frozen and accepted only if there
are not visible signs of thawing or refreezing.
(f) Upon receipt, potentially hazardous food shall be free of
evidence of previous temperature abuse.
114039. (a) Raw shucked shellfish shall be obtained in
nonreturnable packages that bear a legible label that identifies the
name, address, and certification number of the shucker-packer or
repacker of the molluscan shellfish, and a "sell by" date for
packages with a capacity of less than one-half gallon, or the date
shucked for packages with a capacity of one-half gallon or more.
(b) A package of raw shucked shellfish that does not bear a label
or that bears a label that does not contain all the information
required by subdivision (a) shall be subject to Section 114393 and a
hold order or seizure and destruction in accordance with 21 C.F.R.
1240.60(d).
114039.1. (a) Shellstock shall be obtained in containers bearing
legible source identification tags or labels that are affixed by the
harvester and each dealer that depurates, ships, or reships the
shellstock. Except as specified by subdivision (c), on the harvester'
s or dealer's tag or label, the following information shall
be listed in the following order:
(1) The harvester's or dealer's name and address.
(2) The harvester's certification number as assigned by the
authority and the original shellstock shipper's certification number.
(3) The date of harvesting.
(4) The most precise identification of the harvest location or
aquaculture site that is practicable based on the system of harvest
area designations that is in use by the shellfish control authority
and including the abbreviation of the name of the state or country in
which the shellfish are harvested.
(5) The type and quantity of shellfish.
(6) The following statement in bold, capitalized type: "THIS TAG
IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR RETAGGED AND
THEREAFTER KEPT ON FILE FOR 90 DAYS."
(7) The dealer's tag or label shall also indicate the original
shipper's certification number, including the abbreviation of the
name of the state or country in which the shellfish are harvested.
(b) A container of shellstock that does not bear a tag or label or
that bears a tag or label that does not contain all the information
required under subdivision (a) shall be subject to a hold order or
seizure and destruction in accordance with 21 C.F.R. 1240.60(d).
(c) If the harvester's tag or label is designed to accommodate
each dealer's identification, individual dealer tags or labels need
not be provided.
114039.2. When received by a food facility, shellstock shall be
reasonably free of mud, dead shellfish, and shellfish with broken
shells. Dead shellfish or shellstock with badly broken shells shall
be discarded.
114039.3. (a) Except as specified in subdivisions (b) and (c),
molluscan shellfish shall not be removed from the container in which
they are received other than immediately before sale or preparation
for service.
(b) Shellstock may be removed from the container in which they are
received and displayed on drained ice or held in a display
container. A quantity specified by a consumer may be removed from the
display or display container and provided to the consumer if the
source of the shellstock on display is identified as specified under
Section 114039.1 and recorded as specified under Section 114039.4 and
the shellstock are protected from contamination.
(c) Shucked shellfish may be removed from the container in which
they were received and held in a display container from which
individual servings are dispensed upon a consumer's request if the
labeling information for the shellfish on display as specified under
Section 114039 is retained and correlated to the date when, or dates
during which, the shellfish are sold or served and the shellfish are
protected from contamination.
114039.4. (a) Except as specified by subdivision (b), shellstock
tags shall remain attached to the container in which the shellstock
are received until the container is empty.
(b) The identity of the source of shellstock that are sold or
served shall be maintained by retaining shellstock tags or labels for
90 calendar days from the date the lot is emptied in the following
ways:
(1) Using a record keeping system that keeps the tags or labels in
chronological order correlated to the date or dates the shellstock
are sold or served.
(2) If shellstock are removed from their tagged or labeled
container, preserving source identification by using a record keeping
system as specified under paragraph (1) or ensuring that shellstock
from one tagged or labeled container are not commingled with
shellstock from another container before being ordered by the
consumer.
(3) If shellstock are portioned and prepackaged, including a copy
of the corresponding shellstock tag or properly labeling the package
with the required shellfish information.
114039.5. (a) Except as specified in subdivision (b), molluscan
shellfish life-support system display tanks shall not be used to
display shellfish that are offered for human consumption and shall be
conspicuously marked so that it is obvious to the consumer that the
shellfish are for display only.
(b) Molluscan shellfish life support system display tanks that are
used to store and display shellfish that are offered for human
consumption shall be operated and maintained in accordance with a
variance as specified in Section 114056 and an approved HACCP plan as
specified in Section 114419.3. Operation and maintenance shall
ensure the following:
(1) Water used with fish other than molluscan shellfish does not
flow into the molluscan tank.
(2) The safety and quality of the shellfish as they were received
are not compromised by the use of the tank.
(3) The identity of the source of the shellstock is retained as
specified in Section 114039.4.
(c) Molluscan shellfish life support system display tanks that
were approved for operation prior to the effective date of this part
need not comply with Sections 114417 and 114419.3.
114041. Shell eggs shall be received clean and sound and may not
exceed the restricted egg tolerances for United States Consumer Grade
B Standards.
114043. (a) Liquid, frozen, and dry eggs and egg products shall
be obtained pasteurized.
(b) Frozen milk products, such as ice cream, shall be obtained
pasteurized as specified in 21 C.F.R. 135 --Frozen Desserts.
(c) Cheese shall be obtained pasteurized unless alternative
procedures to pasteurization are specified in the Code of Federal
Regulations, including, but not limited to, 21 C.F.R. 133--Cheeses
and Related Cheese Products, for curing certain cheese varieties.
Article 5. Food Storage
114047. (a) Adequate and suitable space shall be provided for the
storage of food.
(b) Except as specified in subdivisions (c) and (d), food shall be
protected from contamination by storing the food in a clean, dry
location, where it is not exposed to splash, dust, vermin, or other
forms of contamination or adulteration, and at least six inches above
the floor.
(c) Food in packages and working containers may be stored less
than six inches above the floor on case lot handling equipment as
specified under Section 114165.
(d) Pressurized beverage containers, cased food in waterproof
containers such as bottles or cans, and milk containers in plastic
crates may be stored on a floor that is clean and not exposed to
moisture.
114049. Food shall not be stored in any of the following ways:
(a) In locker rooms.
(b) In toilet rooms.
(c) In dressing rooms.
(d) In refuse rooms.
(e) In mechanical rooms.
(f) Under sewer lines that are not shielded to intercept potential
drips.
(g) Under leaking water lines, including leaking automatic fire
sprinkler heads, or under lines on which water has condensed.
(h) Under open stairwells.
(i) Under other sources of contamination.
114051. Working containers holding food or food ingredients that
are removed from their original packages for use in the food
facility, such as cooking oils, flour, herbs, potato flakes, salt,
spices, and sugar, shall be identified with the common name of the
food, except that containers holding food that can be readily and
unmistakably recognized, such as dry pasta, need not be identified.
114053. (a) Prepackaged food may not be stored in direct contact
with ice or water if the food is subject to the entry of water
because of the nature of its packaging, wrapping, or container, or
its positioning in the ice or water.
(b) Except as specified in subdivisions (c) and (d),
nonprepackaged food may not be stored in direct contact with
undrained ice.
(c) Whole raw fruits or vegetables, cut raw vegetables, and tofu
may be immersed in ice or water.
(d) Raw chicken and raw fish that are received immersed in ice in
shipping containers may remain in that condition while in storage
awaiting preparation, display, service, or sale.
114055. (a) Products that are held by the permitholder for
credit, redemption, or return to the distributor, such as damaged,
spoiled, or recalled products, shall be segregated and held in
designated areas that are separated from food, equipment, utensils,
linens, and single-use articles.
(b) All returned or damaged food products and food products from
which the label has been removed shall be separated and stored in a
separate area and in a manner that shall prevent adulteration of
other foods and shall not contribute to a vermin problem.
Article 6. Specialized Processing Methods
114056. A food facility shall obtain a variance from the
department as specified in Sections 114417 to 114417.2, inclusive,
before doing any of the following:
(a) Smoking food as method of food preservation rather than as a
method of flavor enhancement.
(b) Curing food.
(c) Using food additives or adding components such as vinegar as a
method of food preservation rather than as a method of flavor
enhancement, or to render a food so that it is not potentially
hazardous.
(d) Packaging food using a oxygen-reduced packaging method, except
as specified in Section 114057.1, where a barrier to Clostridium
botulinum in addition to refrigeration exists.
(e) Operating a molluscan shellfish life support system display
tank used to store and display shellfish that are offered for human
consumption.
(f) Custom processing animals that are for personal use as food
and not for sale or service in a food facility.
(g) Preparing food by another method that is determined by the
enforcement agency to require a variance.
114057. (a) Potentially hazardous foods that are packed by the
food facility in oxygen-reduced packaging or have been partially
cooked and sealed in any container or configuration that creates
anaerobic conditions shall be plainly date coded. The date coding
shall state "Use By," followed by the appropriate month, day, and
year.
(b) For purposes of this section, "partially cooked" means not
sufficiently cooked to assure commercial sterility or to have
barriers to prevent the growth of or toxin formation by Clostridium
botulinum.
114057.1. (a) A food facility that packages food using a
oxygen-reduced packaging method and Clostridium botulinum is
identified as a microbiological hazard in the final prepackaged form
shall ensure that there are at least two barriers in place to control
the growth and toxin formation of Clostridium botulinum.
(b) A food facility that packages food using a oxygen-reduced
packaging method and Clostridium botulinum is identified as a
microbiological hazard in the final prepackaged form shall have an
approved HACCP plan that does all of the following:
(1) Contains the information specified under Section 114419.1.
(2) Identifies the food to be prepackaged.
(3) Limits the food prepackaged to a food that does not support
the growth of Clostridium botulinum because it complies with one of
the following:
(A) Has an aw of 0.91 or less.
(B) Has a pH of 4.6 or less.
(C) Is a meat or poultry product cured at a food processing plant
regulated by the U.S.D.A. and is received in an intact package.
(D) Is a food with a high level of competing organisms, such as
raw meat or raw poultry.
(4) Specifies methods for maintaining food at 41*F or below.
(5) Describes how the packages shall be prominently and
conspicuously labeled on the principal display panel in bold type on
a contrasting background, with instructions to maintain the food at
41*F or below and discard the food if within 14 calendar days of its
packaging it is not served for on-premises consumption, or consumed
if served or sold for off-premises consumption.
(6) Limits the refrigerated shelf life to no more than 14 calendar
days from packaging to consumption, except the time product is
maintained frozen, or the original manufacturer's "sell by" or "use
by" date, whichever occurs first.
(7) Includes operational procedures that prohibit contacting food
with bare hands, identify a designated area and the method by which
physical barriers or methods of separation of raw foods and
ready-to-eat foods minimize cross contamination and access to the
processing equipment is restricted to responsible trained personnel
familiar with the potential hazards of the operation, and delineate
cleaning and sanitization procedures for food-contact surfaces.
(8) Describes the training program that ensures that individuals
responsible for the reduced oxygen packaging operation understand the
concepts required for a safe operation, the equipment and
facilities, and the procedures specified under paragraph (7) and
Section 114419.1.
(c) Except for fish that is frozen before, during, and after
packaging, a food facility shall not package fish using a reduced
oxygen packaging method.
Article 7. Food Display and Service
114060. (a) Except for nuts in the shell and whole raw fruits and
vegetables that are intended for hulling, peeling, or washing by the
consumer before consumption, food on display shall be protected from
contamination by the use of packaging, counter, service line, or
sneeze guards that intercept a direct line between the customer's
mouth and the food being displayed, containers with tight-fitting
securely attached lids, display cases, mechanical dispensers, or
other effective means.
(b) Nonprepackaged food may be displayed and sold in bulk in other
than self-service containers if both of the following conditions are
satisfied:
(1) The food is served by a food employee directly to a consumer.
(2) The food is displayed in clean, sanitary, and covered, or
otherwise protected, containers.
114063. (a) Raw, nonprepackaged animal food, such as beef, lamb,
pork, poultry, and eviscerated fish, shall not be offered for
consumer self-service. This paragraph does not apply to the
following:
(1) Consumer self-service of ready-to-eat foods at buffets or
salad bars that serve foods such as sushi or raw shellfish.
(2) Ready-to-cook individual portions for immediate cooking and
consumption on the premises, such as consumer-cooked meats or
consumer-selected ingredients for Mongolian barbecue, or raw, frozen
shrimp, lobster, finfish, or scallop abductor muscle, or frozen
breaded seafood.
(b) Nonprepackaged food may be displayed in bulk for consumer
self-service if all of the following conditions are satisfied:
(1) Food, except raw animal food, such as beef, lamb, pork,
poultry, and eviscerated fish, and produce requiring further
processing may be displayed on open counters or in containers.
(2) Except for salad bar and buffet-type food service, a label
shall be conspicuously displayed in plain view of the consumer and
securely attached to each self-service container, or in clear
relationship thereto, and shall contain the information required in
Section 114089.
(3) Nonfood items shall be displayed and stored in an area
separate from food.
(c) French style, hearth-baked, or hard-crusted loaves and rolls
shall be considered properly wrapped if contained in an open-end bag
of sufficient size to enclose the loaves or rolls.
(d) Consumer self-service operations for ready-to-eat foods such
as buffets and salad bars shall be provided with a suitable food
dispensing utensil for each container displayed or effective
dispensing methods that protect the food from contamination.
(e) Consumer self-service operations such as buffets and salad
bars shall be checked periodically on a regular basis by food
employees trained in safe operating procedures.
114065. Notwithstanding Section 114266, this section shall not be
construed to require the enclosure, during operating hours, of
consumer self-service nonpotentially hazardous bulk beverage
dispensing operations that meet the following requirements:
(a) The dispensing operation is installed contiguous with a
permanent food facility and is operated by the food facility.
(b) The beverages are dispensed from enclosed equipment that
precludes exposure of the beverages until they are dispensed at the
nozzles. The dispensing equipment actuating lever or mechanism and
filling device of consumer self-service beverage dispensing equipment
shall be designed to prevent contact with the lip-contact surface of
glasses or cups that are refilled.
(c) Ice and ice product are dispensed only from an ice product
dispenser. Ice and ice product are not scooped or manually loaded
into a dispenser out-of-doors.
(d) Single-use utensils are protected from contamination and are
individually wrapped or dispensed from approved sanitary dispensers.
(e) The dispensing operations have overhead protection that fully
extends over all equipment associated with the facility.
(f) During nonoperating hours the dispensing operations are fully
enclosed so as to be protected from contamination by vermin and
exposure to the elements.
(g) The owner or operator of the permanent food facility
demonstrates to the enforcement agency that acceptable methods are in
place to properly clean and sanitize the beverage dispensing
equipment.
(h) Beverage dispensing operations are in compliance with Section
113980 and have been approved by the enforcement agency.
(i) Beverage dispensing operations are under the constant and
complete control of the permitholder of the permanent food facility
who is operating the dispensing equipment.
114067. (a) Satellite food service is restricted to limited food
preparation.
(b) Satellite food service shall only be operated by a fully
enclosed permanent food facility that meets the requirements for food
preparation and service and that is responsible for servicing the
satellite food service operation.
(c) Prior to conducting satellite food service, the permitholder
of the permanent food facility shall submit to the enforcement agency
written standard operating procedures that include all of the
following information:
(1) All food products that will be handled and dispensed.
(2) The proposed procedures and methods of food preparation and
handling.
(3) Procedures, methods, and schedules for cleaning utensils,
equipment, structures, and for the disposal of refuse.
(4) How food will be transported to and from the permanent food
facility and the satellite food service operation, and steps taken to
prevent contamination of foods.
(5) How potentially hazardous foods will be maintained at or below
41/4F or at or above 135F.
(d) All food preparation shall be conducted within a food
compartment or fully enclosed facility approved by the enforcement
officer.
(e) Satellite food service areas shall have overhead protection
that extends over all food handling areas.
(f) Satellite food service operations that handle nonprepackaged
food shall be equipped with approved, permanently plumbed handwashing
facilities and warewashing facilities.
(g) Notwithstanding subdivision (f), the local enforcement agency
may approve the use of alternative warewashing facilities.
(h) Food and utensils shall be stored inside the fully enclosed
permanent food facility when satellite food service is not being
conducted.
(i) Satellite food service activities shall be conducted by and
under the constant and complete control of the permitholder of the
fully enclosed permanent food facility.
(j) During nonoperating hours and periods of inclement weather,
satellite food service operations shall be completely enclosed to
exclude vermin, or stored inside the fully enclosed permanent food
facility.
114069. Only prepackaged nonpotentially hazardous food or uncut
produce may be displayed or sold outdoors by a food facility if all
of the following conditions are satisfied:
(a) Outdoor displays have overhead protection that extends over
all food items.
(b) Food items from the outdoor display are stored inside the
fully enclosed food facility at all times other than during business
hours.
(c) Outdoor displays comply with Section 113980 and have been
approved by the enforcement agency.
(d) Outdoor displays are under the control of the permitholder of
the fully enclosed food facility and are checked periodically on a
regular basis.
114073. (a) Single-use articles shall not be reused.
(b) Bulk milk container dispensing tubes shall be cut on the
diagonal leaving no more than one inch protruding from the chilled
dispensing head.
114074. (a) If tableware is preset, it shall be protected from
contamination by being wrapped, covered, or inverted.
(b) Exposed, unused settings shall be removed when a consumer is
seated.
(c) Exposed, unused settings shall be cleaned and sanitized
before further use if the settings are not removed when a consumer is
seated.
114075. (a) Except for refilling a consumer's drinking cup or
container without contact between the pouring utensil and the
lip-contact area of the drinking cup or container, food employees
shall not use tableware, including single-use articles, soiled by the
consumer, to provide second portions or refills.
(b) Except as specified in subdivision (c), self-service consumers
shall not be allowed to use soiled tableware, including single-use
articles, to obtain additional food from the display and serving
equipment.
(c) Consumers shall be notified that clean tableware is to be used
when they return to self-service areas such as salad bars and
buffets.
(d) Drinking cups and containers may be reused by self-service
consumers if refilling is a contamination-free process as specified
in subdivision (a).
(e) Personal take-out beverage containers, such as thermally
insulated bottles, nonspill coffee cups, and promotional beverage
glasses, may be refilled by employees or the consumer if refilling is
a contamination-free process as specified in subdivision (a).
114077. Condiments shall be protected from contamination by being
kept in dispensers that are designed to provide protection,
protected food displays provided with the proper utensils, original
containers designed for dispensing, or individual packages or
portions.
114079. (a) Except as specified in subdivision (b), after being
served or sold and in the possession of a consumer, food that is
unused or returned by the consumer shall not be offered as food for
human consumption.
(b) A container of food that is not potentially hazardous may be
transferred from one consumer to another if the food is dispensed so
that it is protected from contamination and the container is closed
between uses, such as a narrow-neck bottle containing catsup, steak
sauce, or wine, if the food, such as crackers, salt, or pepper, is in
an unopened original package and is maintained in sound condition,
or if the food is checked periodically on a regular basis.
114081. (a) Single-use articles and cleaned and sanitized
multiservice utensils shall be handled, displayed, and dispensed so
that contamination of food and lip-contact surfaces is prevented.
(b) Knives, forks, and spoons that are not prewrapped shall be
presented so that only the handles are touched by employees, and by
consumers if consumer self-service is provided.
(c) Except as specified under subdivision (b), single-use articles
that are intended for food or lip-contact shall be furnished for
consumer self-service with the original individual wrapper intact or
from an approved dispenser.
114083. Soiled tableware shall be removed from consumer eating
and drinking areas and handled so that clean tableware, food, and
food-contact surfaces are not contaminated.
Article 8. Consumer Advisories
114087. (a) Food shall be offered for human consumption in a way
that does not mislead or misinform the consumer.
(b) Food or color additives, colored overwraps, lights or other
misleading artificial means shall not be used to misrepresent the
true appearance, color, or quality of a food.
114089. (a) Food prepackaged in a food facility shall bear a
label that complies with the labeling requirements prescribed by the
Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section
109875)), 21 C.F.R. 101-Food Labeling, 9 C.F.R. 317-Labeling,
Marking Devices, and Containers, and 9 C.F.R. 381-Subpart N Labeling
and Containers, and as specified under Sections 114039 and 114039.1.
(b) Label information shall include the following:
(1) The common name of the food, or absent a common name, an
adequately descriptive identity statement.
(2) If made from two or more ingredients, a list of ingredients in
descending order of predominance by weight, including a declaration
of artificial color or flavor and chemical preservatives, if
contained in the food.
(3) An accurate declaration of the quantity of contents.
(4) The name and place of business of the manufacturer, packer, or
distributor.
(5) Except as exempted in the Federal Food, Drug, and Cosmetic Act
Section 403(Q)(3)-(5) (21 U.S.C. Sec. 343(q)(3)-(5), incl.),
nutrition labeling as specified in 21 C.F.R. 101-Food Labeling and 9
C.F.R. 317 Subpart B Nutrition Labeling.
(c) Bulk food that is available for consumer self-service shall be
prominently labeled with the following information in plain view of
the consumer:
(1) The manufacturer's or processor's label that was provided with
the food.
(2) A card, sign, or other method of notification that includes
the information specified under paragraphs (1), (2), and (5) of
subdivision (b).
114089.1. (a) Except as specified in subdivision (c) of Section
114089, every bakery product shall have a protective wrapping that
shall bear a label that complies with the labeling requirements
prescribed by the Sherman Food, Drug, and Cosmetic Law (Part 5
(commencing with Section 109875)).
(b) Bakery products sold directly to a restaurant, catering
service, retail bakery, or sold over the counter directly to the
consumer by the manufacturer or bakery distributor shall be exempt
from the labeling provisions of this section.
(c) French style, hearth-baked, or hard-crusted loaves and rolls
shall be considered properly wrapped if contained in an open-end bag
that encloses the loaves or rolls.
114090. (a) If required by law, consumer warnings shall be
provided.
(b) Food facility's or manufacturers dating information on foods
may not be concealed or altered.
114091. In a supervised care food facility:
(a) Only pasteurized juice may be served.
(b) Only pasteurized fluid and dry milk and milk products
complying with Grade A standards as specified in LAW shall be served.
(c) Pasteurized shell eggs or pasteurized liquid, frozen, or dry
eggs or egg products shall be substituted for raw shell eggs in the
preparation of foods such
as Caesar salad, hollandaise or bearnaise sauce, mayonnaise, eggnog,
ice cream, and egg-fortified beverages, and, except as specified in
subdivision (e), recipes in which more than one egg is broken and the
eggs are combined.
(d) Food in an unopened original package shall not be re-served.
(e) The following foods may not be served or offered for sale in a
ready-to-eat form:
(1) Raw animal foods such as raw fish, raw-marinated fish, raw
molluscan shellfish, and steak tartare.
(2) A partially cooked animal food, such as lightly cooked fish,
rare meat, soft-cooked eggs, that is made from raw shell eggs, and
meringue.
(3) Raw seed sprouts.
(f) Subdivision (c) does not apply in any of the following
instances:
(1) The raw eggs are combined immediately before cooking for one
consumer's serving at a single meal, cooked as specified under
Section 114004, and served immediately, such as an omelet, souffle,
or scrambled eggs.
(2) The raw eggs are combined as an ingredient immediately before
baking and the eggs are thoroughly cooked to a ready-to-eat form,
such as a cake, muffin, or bread.
(3) The preparation of the food is conducted under a HACCP plan
that:
(A) Identifies the food to be prepared.
(B) Prohibits contacting ready-to-eat food with bare hands.
(C) Includes specifications and practices that ensure salmonella
enteritidis growth is controlled before and after cooking and is
destroyed by cooking the eggs to an internal temperature of 145*F.
(D) Contains the information specified under a HACCP plan,
including procedures that control cross contamination of ready to eat
food with raw eggs, and delineate cleaning and sanitization
procedures for food-contact surfaces.
(E) Describes the training program that ensures that the food
employee responsible for the preparation of the food understands the
procedures to be used.
114093. Notwithstanding Section 114004, a ready-to-eat salad
dressing or sauce containing a raw or less-than-thoroughly cooked egg
as an ingredient, and other ready-to-eat foods made from or
containing eggs, comminuted meat, or single pieces of meat, including
beef, veal, lamb, pork, poultry, fish, and seafood, that are raw or
have not been thoroughly cooked as specified in Section 114004 may be
served if either of the following requirements is met:
(a) The consumer specifically orders that the food be individually
prepared less than thoroughly cooked.
(b) The food facility notifies the consumer, orally or in writing,
at the time of ordering, that the food is raw or less than
thoroughly cooked.
114093.1. (a) Any food facility that serves or sells over the
counter directly to the consumer an unlabeled or nonprepackaged food
that is a confectionery that contains alcohol in excess of one-half
of 1 percent by weight shall provide written notice to the consumer
of that fact.
(b) The notice shall be prominently displayed or be provided in
some other manner, as determined by the department.
(c) The department shall adopt regulations to govern the notice
required by this section in order to effectuate the purposes of this
section.
CHAPTER 5. Cleaning and Sanitizing of Equipment and Utensils
114095. All food facilities in which food is prepared or in which
multiservice utensils and equipment are used shall provide manual
methods to effectively clean and sanitize utensils as specified in
Section 114099.
114097. Equipment food-contact surfaces and multiservice utensils
shall be effectively washed to remove or completely loosen soils by
the use of manual or mechanical methods necessary, such as the
application of detergents containing wetting agents and emulsifiers,
acid, alkaline, or abrasive cleaners, hot water, brushes, scouring
pads, high pressure sprays, or ultrasonic devices.
114099. (a) Manual warewashing sinks, except as specified in
subdivision (c), shall have at least three compartments with two
integral metal drainboards for manually washing, rinsing, and
sanitizing equipment and utensils.
(b) Sink compartments shall be large enough to accommodate
immersion of the largest equipment and utensils. If equipment or
utensils are not designed to be washed in a warewashing sink,
alternate approved methods as specified in Section 114099.3 shall be
followed.
(c) A two compartment sink that is in use on January 1, 1996, need
not be replaced when used as specified in Section 114099.3. The
enforcement officer shall approve the continued use of a
two-compartment sink even upon replacement if the installation of a
three-compartment sink would not be readily achievable and where
other approved sanitation methods are used.
114099.1. (a) During manual or mechanical warewashing, food
debris on equipment and utensils shall be scraped over a waste
disposal unit, scupper, or garbage receptacle.
(b) If necessary for effective cleaning, utensils and equipment
shall be preflushed, presoaked, or scrubbed with abrasives.
114099.2. (a) Notwithstanding Section 114099, manual warewashing
shall be accomplished by using a three-compartment sink where the
utensils are first precleaned, then washed, rinsed, sanitized, and
air dried.
(b) The temperature of the washing solution shall be maintained at
not less than 110*F or the temperature specified on the cleaning
agent manufacturer's label instructions.
(c) The utensils shall then be rinsed in clear water before being
immersed in a sanitizing solution.
(d) Manual sanitization shall be accomplished as specified in
Section 114099.6.
(e) In-place sanitizing shall be accomplished as specified in
Section 114099.6.
(f) Other methods may be used if approved by the enforcement
agency.
114099.3. (a) Alternative manual warewashing equipment may be
used when there are special cleaning needs or constraints, such as
when equipment is fixed or the utensils are large, and the
enforcement agency has approved the use of the alternative equipment.
Alternative manual warewashing equipment may include any of the
following:
(1) High-pressure detergent sprayers.
(2) Low-or-line pressure spray detergent foamers.
(3) Other task-specific cleaning equipment.
(4) Brushes or other implements.
(b) The permitholder shall limit the number of utensils cleaned
and sanitized in the two-compartment sink, and shall limit
warewashing to batch operations for cleaning and sanitizing utensils
such as between cutting one type of raw meat and another or cleanup
at the end of a shift, and shall do all of the following:
(1) Make up the cleaning and sanitizing solutions immediately
before use and drain them immediately after use.
(2) Use a detergent sanitizer to clean and sanitize in accordance
with the manufacturer's label instructions where there is no distinct
water rinse between the washing and sanitizing steps. The agent
applied in the sanitizing step shall be the same detergent sanitizer
that is used in the washing step.
(3) Use a hot water sanitization immersion step that incorporates
a nondistinct water rinse.
(c) Written operational procedures shall be approved by the
enforcement agency if they effectively demonstrate the cleaning and
sanitization of food-contact surfaces and utensils.
(d) A two-compartment sink shall not be used for warewashing
operations where cleaning and sanitizing solutions are used for a
continuous or intermittent flow of utensils in an ongoing warewashing
process.
114099.4. If hot water is used for sanitization in manual
warewashing operations, the sanitizing compartment of the sink shall
be designed with an integral heating device that is capable of
maintaining water at a temperature not less than 171*F and provided
with a rack or basket to allow complete immersion of equipment and
utensils into the hot water.
114099.5. In manual warewashing operations, a temperature
measuring device shall be provided and readily accessible for
frequently measuring the washing and sanitizing temperatures.
114099.6. Manual or mechanical sanitization shall be accomplished
in the final sanitizing rinse by one of the following:
(a) Hot water manual operations by immersion for at least 30
seconds where the water temperature is maintained at 171*F or above.
(b) Hot water mechanical operations by being cycled through
equipment that is used in accordance with the manufacturer's
specifications and achieving a utensil surface temperature of 160/4F
as measured by an irreversible registering temperature indicator.
(c) Chemical manual or mechanical operations, including the
applications of sanitizing chemicals by immersion, manual swabbing,
brushing, or pressure spraying methods, using one of the following
solutions:
(1) Contact with a solution of 100 ppm available chlorine solution
for at least 30 seconds.
(2) Contact with a solution of 25 ppm available iodine for at
least one minute.
(3) Contact with a solution of 200 ppm quaternary ammonium for at
least one minute.
(4) Contact with any chemical sanitizer that meets the
requirements of 21 C.F.R. 178.1010 when used in accordance with the
manufacturer's use directions as specified on the product label.
(d) Other methods may be used if approved by the enforcement
agency.
114101. (a) Mechanical machine warewashing shall be accomplished
by using an approved machine installed and operated in accordance
with the manufacturer's specifications.
(b) Soiled items to be cleaned in a warewashing machine shall be
loaded in racks, trays, or baskets or onto conveyors in a position
that exposes the items to the unobstructed spray during all cycles
and allows the items to drain.
(c) The velocity, quantity, and distribution of the washwater,
type, and concentration of detergent used therein, and the time the
utensils are exposed to the water shall be sufficient to clean the
utensils.
(d) Supervised care facilities constructed or remodeled prior to
the effective date of this part, and restricted food service
facilities need not comply with Section 114130 if the domestic or
commercial dishwasher utilized for warewashing is capable of
providing heat to the surface of the utensils of a temperature of at
least 160*F.
114101.1. A warewashing machine shall be provided with an easily
accessible and readable data plate affixed to the machine by the
manufacturer that indicates the machine's design and operating
specifications including the temperatures required for washing,
rinsing, and sanitizing, the pressure required for the fresh water
sanitizing rinse, unless the machine is designed to use only a pumped
sanitizing rinse, and the conveyor speed for conveyor machines or
cycle time for stationary rack machines.
114101.2. A warewashing machine shall be equipped with a
temperature measuring device that indicates the temperature of the
water as the water enters the hot water sanitizing final rinse
manifold or in the chemical sanitizing solution tank.
114103. (a) Except as provided in subdivisions (b) and (c), all
warewashing equipment shall be provided with two integral metal
drainboards of adequate size and construction. One drainboard shall
be attached at the point of entry for soiled equipment and utensils
and one shall be attached at the point of exit for cleaned and
sanitized equipment and utensils.
(b) Where an undercounter warewashing machine is used, there shall
be two metal drainboards, one for soiled equipment and utensils, and
one for clean equipment and utensils, located adjacent to the
machine. This requirement may be satisfied by using the drainboards
that are part of the manual warewashing sinks if the facilities are
located adjacent to the machine.
(c) Pot and pan washers shall be equipped with drainboards as
required in subdivision (a), or shall be equipped with approved
alternative equipment that provides adequate and suitable space for
soiled and clean equipment and utensils.
(d) Drainboards, utensil racks, or tables large enough to
accommodate all soiled and cleaned items that may accumulate during
hours of operation shall be provided for necessary utensil holding
before cleaning and after sanitizing.
(e) Sinks and drainboards of warewashing equipment shall be sloped
and drained to an approved liquid waste receptor.
114105. After cleaning and sanitizing, equipment and utensils
shall be air dried or used after adequate draining before contact
with food and shall not be cloth dried, except that utensils that
have been air dried may be polished with cloths that are maintained
clean and dry.
114107. (a) Testing equipment and materials shall be provided to
adequately measure the applicable sanitization method used during
manual or mechanical warewashing.
(b) The concentration of the sanitizing solution shall be
accurately determined to ensure proper dosage.
114109. (a) Drying agents used in conjunction with sanitization
shall contain only components that are listed as one of the
following:
(1) Generally Recognized as Safe for use in food as specified in
21 C.F.R. 182 - Substances Generally Recognized as Safe, or 21 C.F.R.
184 - Direct Food Substances Affirmed as Generally Recognized as
Safe.
(2) Generally Recognized as Safe for the intended use as specified
in 21 C.F.R. 186 - Indirect Food Substances Affirmed as Generally
Recognized as Safe.
(3) Approved for use as a drying agent under a prior sanction
specified in 21 C.F.R. 181 - Prior-Sanctioned Food Ingredients.
(4) Specifically regulated as an indirect food additive for use as
a drying agent as specified in 21 C.F.R. 175 -178, inclusive.
(5) Approved for use as a drying agent under the threshold of
regulation process established by 21 C.F.R. 170.39.
(b) When sanitization is with chemicals, the approval required
under paragraph (3) or (5) of subdivision (a) or the regulation as an
indirect food additive required under paragraph (4) of subdivision
(a), shall be specifically for use with chemical sanitizing
solutions.
114111. (a) If used, dry cleaning methods such as brushing,
scraping, and vacuuming shall contact only surfaces that are soiled
with dry nonpotentially hazardous food residues.
(b) Cleaning equipment used in dry cleaning food-contact surfaces
shall not be used for any other purpose.
114113. Food shall only contact surfaces of equipment and
utensils that are cleaned and sanitized.
114115. (a) Equipment food-contact surfaces and utensils shall be
clean to sight and touch.
(b) The food-contact surfaces of cooking equipment and pans shall
be kept free of encrusted grease deposits and other soil
accumulations.
(c) Nonfood-contact surfaces of equipment shall be kept free of an
accumulation of dust, dirt, food residue, and other debris.
(d) Equipment shall be reassembled so that food-contact surfaces
are not contaminated.
114117. (a) Equipment food-contact surfaces and utensils shall be
cleaned at the following times:
(1) Except as specified in subdivision (b), before each use with a
different type of raw animal food such as beef, fish, lamb, pork, or
poultry.
(2) Each time there is a change from working with raw foods to
working with ready-to-eat foods.
(3) Between uses with raw produce and with potentially hazardous
food.
(4) Before using or storing a food temperature measuring device.
(5) At any time during the operation when contamination may have
occurred.
(b) Paragraph (1) of subdivision (a) does not apply if the food
contact surface or utensil is in contact with a succession of
different raw animal foods, each requiring a higher cooking
temperature as specified in Section 114004 than the previous food,
such as preparing raw fish followed by cutting raw poultry on the
same cutting board.
(c) Except as specified in subdivision (d), if used with
potentially hazardous food, equipment food-contact surfaces and
utensils shall be cleaned throughout the day at least every four
hours.
(d) Surfaces of utensils and equipment contacting potentially
hazardous food may be cleaned less frequently than every four hours
if any of the following occurs:
(1) In storage, containers of potentially hazardous food and their
contents are maintained at temperatures as specified in Section
113996 and the containers are cleaned when they are empty.
(2) Utensils and equipment are used to prepare food in a
refrigerated room or area that is maintained at or below 55*F. In
that case, the utensils and equipment shall be cleaned at the
frequency that corresponds to the temperature as depicted in the
following chart and the cleaning frequency based on the ambient
temperature of the refrigerated room or area shall be documented and
records shall be maintained in the food facility and made available
to the enforcement agency upon request.
+------------------------+------------------------+
|Temperature |Cleaning Frequency |
+------------------------+------------------------+
|5.0*C (41*F) or |24 hours |
|less | |
+------------------------+------------------------+
|>5.0*C - 7.2*C |20 hours |
|(GT 41*F-45*F) | |
+------------------------+------------------------+
|GT 7.2*C -10.0*C |16 hours |
|(GT 45*F-50*F) | |
+------------------------+------------------------+
|GT 10.0*C - 12.8*C |10 hours |
|(GT 50*F-55*F) | |
+------------------------+------------------------+
(3) Containers in serving situations such as salad bars, delis,
and cafeteria lines hold ready-to-eat potentially hazardous food that
is maintained at the temperatures specified in Section 113996 are
intermittently combined with additional supplies of the same food
that is at the required temperature, and the containers are cleaned
at least every 24 hours.
(4) Temperature measuring devices are maintained in contact with
food, such as when left in a container of deli food or in a roast,
held at temperatures specified in Sections 113996 and 114004.
(5) Equipment is used for storage of packaged or unpackaged food,
such as a reach-in refrigerator, and the equipment is cleaned at a
frequency necessary to preclude accumulation of soil residues.
(6) The cleaning schedule is approved based on consideration of
characteristics of the equipment and its use, the type of food
involved, the amount of food residue accumulation, and the
temperature at which the food is maintained during the operation and
the potential for the rapid and progressive multiplication of
pathogenic or toxigenic micro-organisms that are capable of causing
foodborne disease.
(7) In-use utensils are intermittently stored in a container of
water in which the water is maintained at 135 *F or higher and the
utensils and container are cleaned at least every 24 hours or at a
frequency necessary to preclude accumulation of soil residues.
(e) Except when dry cleaning methods are used as specified in
Section 114111, surfaces of utensils and equipment contacting food
that is not potentially hazardous shall be cleaned in any of the
following circumstances:
(1) At any time when contamination may have occurred.
(2) At least every 24 hours for iced tea dispensers and consumer
self-service utensils such as tongs, scoops, or ladles.
(3) Before restocking consumer self-service equipment and utensils
such as condiment dispensers and display containers.
(4) In equipment such as ice bins and beverage dispensing nozzles
and enclosed components of equipment such as ice makers, cooking oil
storage tanks and distribution lines, beverage and syrup dispensing
lines or tubes, coffee bean grinders, and water vending equipment, at
a frequency specified by the manufacturer, or, absent manufacturer
specifications, at a frequency necessary to preclude accumulation of
soil or mold.
114119. During pauses in food preparation or dispensing, food
preparation and dispensing utensils shall be stored in a manner that
meets all of the following requirements:
(a) Except as specified under subdivision (b), in the food with
their handles above the top of the food and the container.
(b) In food that is not potentially hazardous, with their handles
above the top of the food within containers or equipment that can be
closed, such as bins of sugar, flour, or cinnamon.
(c) On a clean portion of the food preparation table or cooking
equipment only if the in-use utensil and the food-contact surface of
the food preparation table or cooking equipment are cleaned and
sanitized at a frequency specified under Section 114117.
(d) In running water of sufficient velocity to flush particulates
to the drain, if used with moist food such as ice cream or mashed
potatoes.
(e) In a clean, protected location if the utensils, such as ice
scoops, are used only with a food that is not potentially hazardous.
(f) In a container of water if the water is maintained at a
temperature of at least 135/4F and the container is cleaned at least
every 24 hours or at a frequency necessary to preclude the
accumulation of soil residues.
114121. (a) Except as specified in subdivision (b) and (c),
returned empty containers intended for refilling with food or
beverage shall be cleaned and refilled in an approved facility.
(b) Consumer-owned containers returned to the food facility for
refilling may be refilled and returned to the same consumer if the
container is refilled by an employee of the food facility or the
owner of the container if the dispensing system includes a
contamination free transfer process that cannot be bypassed by the
container owner.
(c) Consumer-owned containers that are not food specific may be
filled at a water vending machine or system.
114123. Except as specified in Section 114125, food preparation
sinks, handwashing lavatories, and warewashing equipment shall not be
used for the cleaning of maintenance tools, the preparation or
holding of maintenance materials, or the disposal of mop water and
similar liquid wastes.
114125. (a) A warewashing sink shall not be used for handwashing
except in food facilities that were not constructed or extensively
remodeled since January 1, 1996, and where there are no facilities
exclusively for handwashing in food preparation areas.
(b) If a warewashing sink is used to wash wiping cloths, wash
produce, or thaw food, the sink shall be cleaned and sanitized before
and after each time it is used to wash wiping cloths or wash produce
or thaw food.
CHAPTER 6. Equipment, Utensils, and Linens
Article 1. Design and Construction
114130. (a) Equipment and utensils shall be designed and
constructed to be durable and to retain their characteristic
qualities under normal use conditions.
(b) Except as specified in subdivision (c), all new and
replacement food-related and utensil-related equipment shall be
certified or classified for sanitation by an American National
Standards Institute (ANSI) accredited certification program. In the
absence of an applicable ANSI certified sanitation standard,
food-related and utensil-related equipment shall be evaluated for
approval by the enforcement agency.
(c) Supervised care facilities constructed or remodeled prior to
the effective date of this part, and restricted food service
facilities need not comply with subdivision (b), depending on the
extent of the food service activities, and if the enforcement officer
determines that the equipment meets the characteristics of
subdivision (a).
(d) All new and replacement electrical appliances shall meet
applicable Underwriters Laboratories standards for electrical
equipment as determined by an ANSI accredited certification program.
114130.1. Materials that are used in the construction of utensils
and food-contact surfaces of equipment shall not allow the migration
of deleterious substances or impart colors, odors, or tastes to food
and under normal use conditions shall be safe, durable,
corrosion-resistant, and nonabsorbent, sufficient in weight and
thickness to withstand repeated warewashing, finished to have a
smooth, easily cleanable surface, and resistant to pitting, chipping,
crazing, scratching, scoring, distortion, and decomposition.
114130.2. Materials that are used to make single-use articles
shall not allow the migration of deleterious substances or impart
colors, odors, or tastes to food, and shall be safe and clean.
114130.3. (a) Multiuse food-contact surfaces shall be all of the
following:
(1) Smooth.
(2) Free of breaks, open seams, cracks, chips, inclusions, pits,
and similar imperfections.
(3) Free of sharp internal angles, corners, and crevices.
(4) Finished to have smooth welds and joints.
(5) Except as specified in subdivision (b), accessible for
cleaning and inspection by one of the following methods:
(A) Without being disassembled.
(B) By disassembling without the use of tools.
(C) By easy disassembling with the use of handheld tools commonly
available to maintenance and cleaning personnel such as screwdrivers,
pliers, open-end wrenches, and Allen wrenches.
(b) Paragraph (5) of subdivision (a) shall not apply to cooking
oil storage tanks, distribution lines for cooking oils, or beverage
syrup lines or tubes.
114130.4. Nonfood-contact surfaces of equipment that are exposed
to splash, spillage, or other food soiling or that require frequent
cleaning shall be constructed of a corrosion-resistant, nonabsorbent,
and smooth material that allows easy cleaning and to facilitate
maintenance and free of unnecessary ledges, projections, and crevices
to allow for easy cleaning and to facilitate maintenance.
114130.5. (a) Except for CIP equipment in operation before the
effective date of this part, CIP equipment shall meet the
characteristics of a food contact surface and shall be designed and
constructed so that cleaning and sanitizing solutions circulate
throughout a fixed system and contact all interior food-contact
surfaces and the system is self-draining or capable of being
completely drained of cleaning and sanitizing solutions.
(b) CIP equipment that is not designed to be disassembled for
cleaning shall be designed with inspection access points to ensure
that all interior food-contact surfaces throughout the fixed system
are being effectively cleaned.
114132. (a) Except as specified in this section, wood and wood
wicker shall not be used as a food-contact surface.
(b) Hard maple or an equivalently hard, close-grained wood may
be used for cutting boards, cutting blocks, bakers' tables, utensils
such as rolling pins, doughnut dowels, salad bowls, and chopsticks,
wooden paddles used in confectionery operations for pressure scraping
kettles when manually preparing confections at a temperature of 230
*F or above, and cedar planks used for grilling or baking seafood.
(c) Whole, uncut, raw fruits and vegetables and nuts in the shell
may be kept in wood shipping containers until the fruits, vegetables,
or nuts are used.
(d) When wood or wood shipping containers become cracked,
splintered, or otherwise damaged, they shall be refurbished or
replaced.
114133. (a) Except as specified in subdivision (b), copper and
copper alloys such as brass may not be used in contact with a food
that has a pH below six, such as vinegar, fruit juice, or wine, or
for a fitting or tubing installed between a backflow prevention
device and a carbonator.
(b) Copper and copper alloys may be used in contact with beer
brewing ingredients that have a pH below six in the prefermentation
and fermentation steps of a beer brewing operation, such as a brewpub
or microbrewery.
114135. Sponges shall not be used in contact with cleaned and
sanitized or in-use food-contact surfaces.
114137. Except for hot oil cooking or filtering equipment, "V"
type threads shall not be used on food-contact surfaces.
114139. Cutting or piercing parts of can openers shall be readily
removable for cleaning and for replacement.
114141. Lubricants shall be applied to food-contact surfaces that
require lubrication in a manner that does not contaminate food or
food-contact surfaces. Equipment shall be reassembled after
lubrication so that food contact surfaces are not contaminated. Only
approved food grade lubricants shall be used for this purpose.
114143. Notwithstanding any of the provisions of this part,
neither the department nor any city, county, city and county air
pollution control district, or air quality management district shall
require the enclosure of an open-air barbecue or outdoor wood-burning
oven if the enforcement officer determines that the barbecue or
wood-burning oven meets all of the following requirements:
(a) The open-air barbecue or outdoor wood-burning oven is operated
on the same premises as, in reasonable proximity to, and in
conjunction with, a permanent food facility that is approved for food
preparation, or a temporary food facility or a mobile food facility
that is operating at a community event.
(b) The open-air barbecue or outdoor wood-burning oven is not
operated in, or out of, any motor vehicle, or in any area or location
that may constitute a fire hazard, as determined by the enforcement
officer.
(c) The open-air barbecue or outdoor wood-burning oven is
separated from public access to prevent food contamination or injury
to the public by using ropes or other approved methods.
(d) If the open-air barbecue or outdoor wood-burning oven is a
permanent structure, it shall be equipped with an impervious and
easily cleanable floor surface that extends a minimum of five feet
from the open-air barbecue or outdoor wood-burning oven facility on
all open sides.
(e) Sanitary facilities, including, but not limited to, toilet
facilities and handwashing facilities shall be available for use
within 200 feet in travel distance of the open-air barbecue or
outdoor wood-burning oven and shall comply with all provisions of
this part.
(f) For purposes of this part, the permanent food facility or
approved nonpermanent food facility shall be deemed to be the
operator of the open-air barbecue or outdoor wood-burning oven, and
shall be responsible for ensuring that it is operated in full
compliance with this part.
114145. Vending machines shall meet all applicable requirements
of this part and shall comply with the following:
(a) Each vending machine or machine location shall have posted in
a prominent place a sign indicating the owner's name, address, and
telephone number.
(b) Wet storage of prepackaged products is prohibited.
(c) Potentially hazardous food shall be dispensed to the consumer
in the original package into which it was placed at the commissary or
food processing plant. Bulk potentially hazardous food is
prohibited.
(d) Single-use articles that are used in machines dispensing
products in bulk shall be obtained in sanitary packages. The
single-use articles shall be stored in the original package until
introduced into the container magazine or dispenser of the vending
machine.
(e) A record of cleaning and sanitizing shall be maintained by the
operator in each machine and shall be current for at least the past
30 days.
(f) All vending machines shall be constructed in accordance with
applicable NSF International or National Automatic Merchandizing
Association standards, or the equivalent thereof.
(g) If located outside, a vending machine shall be provided with
overhead protection.
(h) The dispensing compartment of a vending machine shall be
equipped with a self-closing door or cover if the machine is located
in an outside area that does not otherwise afford the protection of
an enclosure against the rain, windblown debris, insects, rodents,
and other contaminants that are present in the environment, or if the
machine is available for self-service during hours when it is not
under the full-time supervision of an employee.
Article 2. Ventilation
114149. (a) All areas of a food facility shall have sufficient
ventilation to facilitate proper food storage and to provide a
reasonable condition of comfort for each employee, consistent with
the job performed by the employee.
(b) Toilet rooms shall be vented to the outside air by means of an
openable, screened window, an air shaft, or a light-switch-activated
exhaust fan, consistent with the requirements of local building
codes.
114149.1. (a) Mechanical exhaust ventilation equipment shall be
provided over all cooking equipment as required to effectively remove
cooking odors, smoke, steam, grease, heat, and vapors. All
mechanical exhaust ventilation equipment shall be installed and
maintained in accordance with the Uniform Mechanical Code, except
that for units subject to Part 2 (commencing with Section 18000) of
Division 13, an alternative code adopted pursuant to Section 18028
shall govern the construction standards.
(b) Restricted food service facilities shall be exempt from
subdivision (a), but shall still provide ventilation to remove gases,
odors, steam, heat, grease, vapors and smoke from the food facility.
In the event that the enforcement officer determines that the
ventilation must be mechanical in nature, the ventilation shall be
accomplished by methods approved by the enforcement agency.
(c) This section shall not apply to cooking equipment when the
equipment has been submitted to the local enforcement agency for
evaluation, and the local enforcement agency has found that the
equipment does not produce toxic gases, smoke, grease, vapors, or
heat when operated under conditions recommended by the manufacturer.
The local enforcement agency may recognize a testing organization to
perform any necessary evaluations.
(d) Makeup air shall be provided at the rate of that exhausted.
114149.2. (a) Every hood shall be installed to provide for
thorough cleaning of all interior and exterior surfaces, including,
but not limited to, the hood, filters, piping, lights, troughs,
hangers, flanges, and exhaust ducts.
(b) Exhaust ventilation hood systems in food preparation and
warewashing areas, including components such as hoods, fans, guards,
and ducting, shall be designed to prevent grease or condensation from
draining or dripping onto food, equipment, utensils, linens, and
single-use articles.
(c) Filters or other grease extracting equipment shall be designed
to be readily removable for cleaning and replacement if not designed
to be cleaned in place.
(d) Every joint and seam shall be substantially tight. No solder
shall be used, except for sealing a joint or seam.
(e) When grease gutters are provided they shall drain to a
collecting receptacle fabricated, designed, and installed to be
readily accessible for cleaning.
(f) Exhaust hood ducting shall meet the following requirements:
(1) All seams in the duct shall be completely tight to prevent the
accumulation of grease.
(2) The ducts shall have sufficient clean-outs to make the ducts
readily accessible for cleaning.
(3) All ducts in the exhaust system shall be properly sloped.
(4) Intake and exhaust air ducts shall be cleaned and filters
changed so they are not a source of contamination by dust, dirt, and
other materials.
114149.3. Heating, ventilating, and air conditioning systems
shall be designed and installed so that make-up air intake and
exhaust vents do not cause contamination of food, food-contact
surfaces, equipment, or utensils and do not create air currents that
cause difficulty in maintaining the required temperatures of
potentially hazardous foods.
Article 3. Location and Installation
114153. Equipment for cooling and heating food and for holding
cold and hot food shall be sufficient in number and capacity to
ensure proper food temperature control during transportation and
operation as specified in Section 113996 .
114155. (a) Except as specified in subdivision (b), molluscan
shellfish life support system display tanks shall not be used to
display shellfish that are offered for human consumption and shall be
conspicuously marked so that it is obvious to the consumer that the
shellfish are for display only.
(b) Molluscan shellfish life-support system display tanks that are
used to store and display shellfish that are offered for human
consumption shall be operated and maintained in accordance with a
HACCP plan that is submitted by the permitholder and approved by the
enforcement agency, and ensures all of the following:
(1) Water used with fish other than molluscan shellfish does not
flow into the molluscan tank.
(2) The safety and quality of the shellfish as they were received
are not compromised by the use of the tank.
(3) The identity of the source of the shellstock is retained as
required in Section 114039.1.
114157. (a) A thermometer shall be provided for each
refrigeration unit.
(b) The thermometer 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.
(c) Except as specified in subdivision (d), cold or hot holding
equipment used for potentially hazardous food shall be designed to
include and shall be equipped with at least one integral or
permanently affixed temperature measuring device that is located to
allow easy viewing of the device's temperature display. Alternative
hot or cold holding equipment can be equipped with approved product
mimicking sensors placed in devices located in the warmest part of
the mechanically refrigerated unit in lieu of an ambient air sensor.
(d) Subdivision (c) shall not apply to equipment for which the
placement of a temperature measuring device is not a practical means
for measuring the ambient air surrounding the food because of the
design, type, and use of the equipment, such as calrod units, heat
lamps, cold plates, bainmaries, steam tables, insulated food
transport containers, and salad bars.
(e) Temperature measuring devices shall be easily readable and
have a numerical scale, printed record, or digital readout in
increments no greater than 2*F or over the intended range of use.
114159. (a) 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 of
each food facility holding potentially hazardous food.
(b) A food temperature measuring device with a suitable
small-diameter probe that is designed to measure the temperature of
thin masses shall be provided and readily accessible to accurately
measure the temperature in thin foods such as meat patties and fish
fillets.
(c) Food temperature measuring devices that are scaled only in
Fahrenheit shall be accurate to +/-2 *F in the intended range of use.
(d) Food temperature measuring devices shall not have sensors or
stems constructed of glass, except that thermometers with glass
sensors or stems that are encased in a shatterproof coating, such as
candy thermometers, may be used.
114161. (a) Except as specified in subdivision (b), equipment, a
cabinet used for the storage of food, or a cabinet that is used to
store cleaned and sanitized equipment, utensils, laundered linens,
and single-use articles shall not be in any of the following
locations:
(1) In locker rooms.
(2) In toilet rooms.
(3) In refuse rooms.
(4) In mechanical rooms.
(5) Under sewer lines that are not shielded to intercept potential
drips.
(6) Under leaking water lines, including leaking automatic fire
sprinkler heads, or under lines on which water has condensed.
(7) Under open stairwells.
(8) Under other sources of contamination.
(b) If a mechanical clothes washer or dryer is provided, it shall
be located so that the washer or dryer is protected from
contamination and located only where there is no exposed food, clean
equipment, utensils, and linens, and unwrapped single-use articles.
114163. (a) Except as specified in subdivision (b), a food
preparation sink shall be provided in permanent food facilities for
the washing, rinsing, soaking, thawing, or similar preparation of
foods.
(1) The food preparation sink shall have a minimum dimension of 18
inches by 18 inches in length and width and 12 inches in depth with
an integral drainboard or adjacent table at least 18 inches by 18
inches in length and width.
(2) The food preparation sink shall be located in the food
preparation area, provided exclusively for food preparation, and
accessible at all times.
(3) The sink shall be equipped with an adequate supply of hot and
cold running water through a mixing valve.
(b) (1) Food facilities that were approved for operation without a
food preparation sink prior to the effective date of this part need
not provide a food preparation sink unless the food facility makes a
menu change or changes their method of operation.
(2) The enforcement officer may approve other methods where the
installation of a food preparation sink would not be readily
feasible.
114165. Dollies, pallets, racks, and skids used to store and
transport large quantities of prepackaged foods received from a
supplier in a cased or overwrapped lot, shall be designed to be moved
by hand or by conveniently available hand trucks or forklifts.
114167. Beverage tubing and cold-plate beverage cooling devices
shall not be installed in contact with stored ice intended to be used
for food or beverages. This section shall not apply to cold plates
that are constructed integrally with an ice storage bin.
114169. (a) Equipment that is fixed because it is not easily
movable shall be installed so that it is:
(1) Spaced to allow access for cleaning along the sides, behind,
and above the equipment.
(2) Spaced from adjoining equipment, walls, and ceilings a
distance of not more than one millimeter or one thirty-second inch.
(3) Sealed to adjoining equipment or walls, if the equipment is
exposed to spillage or seepage.
(b) Except as specified in subdivisions (c) and (d), floor-mounted
equipment that is not easily movable shall be sealed to the floor or
elevated on legs that provide at least a six-inch clearance between
the floor and the equipment.
(c) Notwithstanding subdivision (b), this section shall not apply
to display shelving units, display refrigeration units, and display
freezer units located in the consumer shopping areas of a food
facility if the floor under the units is maintained clean.
(d) Table-mounted equipment that is not easily movable shall be
installed to allow cleaning of the equipment and areas underneath and
around the equipment by being sealed to the table and elevated on
legs that provide at least a four-inch clearance between the table
and the equipment.
114171. Liquid waste drain lines shall not pass through an ice
machine or ice storage bin.
114172. All pressurized cylinders shall be securely fastened to a
rigid structure.
Article 4. Maintenance and Operation
114175. Equipment and utensils shall be kept clean, fully
operative, and in good repair.
114177. Surfaces such as cutting blocks and boards that are
subject to scratching and scoring shall be resurfaced if they can no
longer be effectively cleaned and sanitized, or discarded if they are
not capable of being resurfaced.
114178. (a) Except as specified in subdivision (d), cleaned
equipment and utensils, laundered linens, and single-use articles
shall be stored in a clean, dry location where they are not exposed
to splash, dust, or other contamination, and at least six inches
above the floor.
(b) Clean equipment and utensils shall be stored as specified in
subdivision (a) and shall be stored covered or inverted in a
self-draining position that allows air drying.
(c) Single-use articles shall be stored as specified under
subdivision (a) and shall be kept in the original protective package
or stored by using other means that afford protection from
contamination until used.
(d) Items that are kept in closed packages may be stored less than
six inches above the floor on dollies, pallets, racks, and skids
that are designed as to be easily movable.
114179. (a) Except as specified in subdivision (b), cleaned and
sanitized equipment, utensils, laundered linens, and single-use
articles shall not be stored in any of the following locations:
(1) In locker rooms.
(2) In toilet rooms.
(3) In refuse rooms.
(4) In mechanical rooms.
(5) Under sewer lines that are not shielded to intercept potential
drips.
(6) Under leaking water lines including leaking automatic fire
sprinkler heads or under lines on which water has condensed.
(7) Under open stairwells.
(8) Under other sources of contamination.
(b) Laundered linens and single-use articles that are packaged or
in a storage compartment may be stored in a locker room.
114180. (a) A reservoir that is used to supply water to a device
such as a produce fogger shall be maintained in accordance with
manufacturer's specifications and cleaned in accordance with
manufacturer's specifications or according to the procedures
specified in subdivision (b), whichever is more stringent.
(b) Cleaning procedures shall include at least the following steps
and shall be conducted at least once a week:
(1) Draining and complete disassembly of the water and aerosol
contact parts.
(2) Brush-cleaning the reservoir, aerosol tubing, and discharge
nozzles with a suitable detergent solution.
(3) Flushing the complete system with water to remove the
detergent solution and particulate accumulation.
(4) Rinsing by immersing, spraying, or swabbing the reservoir,
aerosol tubing, and discharge nozzles with an approved sanitizer as
specified in Section 114099.6.
(c) No fogging devices installed after the effective date of this
part shall use a reservoir for holding water for fogging, but shall
employ water under pressure for fogging or misting of foods.
114182. Electrical power shall be supplied at all times to
operate the approved exhaust, lighting, electric water heaters and
refrigeration units, and any other accessories and appliances that
may be installed in a food facility.
Article 5. Linens
114185. Linen shall not be used in contact with food unless they
are used to line a container for the service of foods and the linens
are replaced each time the container is refilled for a new consumer
and laundered prior to reuse.
114185.1. (a) Wiping cloths that are in use for cleaning food
spills shall not be used for any other purpose.
(b) Cloths used for wiping food spills shall be dry and used for
cleaning food spills from tableware and carry-out containers or used
only once, or if used repeatedly, held in a sanitizing solution of an
approved concentration as specified in Section 114099.2.
(c) Dry or wet cloths that are used with raw animal foods shall be
kept separate from cloths used for other purposes, and wet cloths
used with raw animal foods shall be kept in a separate sanitizing
solution.
(d) Wet wiping cloths used with a freshly made sanitizing solution
and dry wiping cloths shall be free of food debris and visible soil.
(e) Working containers of sanitizing solutions for storage of
in-use wiping cloths shall be used in a manner to prevent
contamination of food, equipment, utensils, linens, or single-use
articles.
114185.2. Clean linens shall be free of food residues and other
soiling matter.
114185.3. (a) Linens that do not come in direct contact with food
shall be laundered when they become wet, sticky, or visibly soiled.
(b) Cloth gloves shall be laundered before being used with a
different type of raw animal food such as beef, lamb, pork, fish and
poultry.
(c) Cloth napkins shall be laundered between each use.
(d) Wet wiping cloths shall be laundered daily.
(e) Dry wiping cloths shall be laundered as necessary to prevent
contamination of food and clean serving utensils.
114185.4. (a) Adequate and suitable space shall be provided for
the storage of clean linens.
(b) Soiled linens shall be kept in clean, nonabsorbent receptacles
or clean, washable laundry bags and stored and transported to
prevent contamination of food, clean equipment, clean utensils, and
single-use articles.
114185.5. (a) Laundry facilities on the premises of a food
facility shall be used only for the washing and drying of items used
in the operation of the establishment.
(b) If work clothes or linens are laundered on the premises, a
mechanical clothes washer and dryer shall be provided and used.
CHAPTER 7. Water, Plumbing, and Waste
Article 1. Water
114189. The enforcement agency may monitor and enforce the
potable drinking water standards in the California Safe Drinking
Water Act (Chapter 4 commencing with Section 116275) for purposes of
enforcing this part and compliance with any requirements with regard
to potable water, as defined in Section 113869.
114189.1. Chemicals used as boiler water additives shall meet the
requirements specified in 21 C.F.R. 173.310.
114190. All plumbing and plumbing fixtures shall be installed in
compliance with applicable local plumbing ordinances, shall be
maintained so as to prevent any contamination, and shall be kept
clean, fully operative, and in good repair.
114192. (a) An adequate, protected, pressurized, potable supply
of hot water and cold water shall be provided. Hot water shall be
supplied at a minimum temperature of at least 120/4F measured from
the faucet, unless otherwise specified in this part. The water supply
shall be from a water system approved by the health officer or the
local enforcement agency.
(b) Any hose used for conveying potable water shall be constructed
of nontoxic materials, shall be used for no other purpose, and shall
be clearly labeled as to its use. The hose shall be stored and used
so as to be kept free of contamination.
(c) The potable water supply shall be protected with a backflow or
back siphonage protection device when required by applicable
plumbing codes. Exposed piping of a nonpotable water system shall be
identified so that it is readily distinguishable from piping that
carries potable water.
114192.1. (a) Water under pressure shall be permanently plumbed
to all fixtures, equipment, and nonfood equipment that are required
to use water, except for water supplied to nonpermanent food
facilities.
(b) Water under pressure shall be provided at a sufficient level
as specified by the Uniform Plumbing Code and manufacturer's
specifications for equipment and fixtures in the food facility.
114193. (a) All steam tables, ice machines and bins, food
preparation sinks, warewashing sinks, display cases, walk-in
refrigeration units, and other similar equipment that discharge
liquid waste shall be drained by means of indirect waste pipes, and
all wastes drained by them shall discharge through an airgap into a
floor sink or other approved type of receptor.
(b) Drainage from reach-in refrigeration units shall be conducted
in a sanitary manner to a floor sink or other approved device by an
indirect connection or to a properly installed and functioning
evaporator.
(c) Indirect waste receptors shall be located to be readily
accessible for inspection and cleaning.
(d) Warewashing machines may be connected directly to the sewer
immediately downstream from a floor drain, or they may be drained
through an approved indirect connection.
(e) Warewashing sinks in use on January 1, 1996, that are directly
plumbed may be continued in use. This section does not require
warewashing sinks to be indirectly plumbed when the local building
official determines that the sink should be directly plumbed.
114193.1. An air gap between the water supply inlet and the flood
level rim of the plumbing fixture, equipment, or nonfood equipment
shall be at least twice the diameter of the water supply inlet and
may not be less than one inch.
114195. (a) The water source and system shall be of sufficient
capacity to meet the peak water demands of the food facility.
(b) Hot water generation and distribution systems shall be
sufficient to meet the peak hot water demands throughout the food
facility.
Article 2. Liquid Waste
114197. Liquid waste shall be disposed of through the approved
plumbing system and shall discharge into the public sewerage or into
an approved private sewage disposal system.
114199. Equipment compartments that are subject to accumulation
of moisture due to conditions such as condensation, food or beverage
drip, or water from melting ice, shall be sloped to an outlet that
allows for complete draining.
114201. (a) If provided, a grease trap or grease interceptor
shall not be located in a food or utensil handling area unless
specifically approved by the enforcement agency.
(b) Grease traps and grease interceptors shall be easily
accessible for servicing.
(c) Notwithstanding
subdivision (a), those food facilities approved with a grease trap or
grease interceptor that are in operation before the effective date
of this part are not required to comply with this section.
Article 3. Mobile Water and Wastewater Tanks
114205. (a) Nonpermanent food facilities that handle
nonprepackaged food shall be equipped with potable water and
wastewater tanks, unless approved temporary water and wastewater
connections are provided.
(b) Permanent food facilities shall be in compliance with Sections
114190 to 114201, inclusive.
114207. Materials that are used in the construction of potable
water and wastewater tanks and appurtenances shall be safe, durable,
corrosion-resistant, nonabsorbent, and finished to have a smooth,
easily cleanable surface.
114209. Potable water tanks and wastewater tanks shall be sloped
to an outlet that ensures complete drainage of the tank and designed
and constructed so as to be easily and completely drained.
114211. (a) The water system shall be designed and constructed
using materials that enable water to be introduced without
contamination.
(b) All tanks, line couplings, valves, and all other plumbing
shall be designed, installed, maintained, and constructed of
materials that will not contaminate the water supply, food, utensils,
or equipment.
(c) All waste lines shall be connected to wastewater tanks with
watertight seals.
(d) Any connection to a wastewater tank shall preclude the
possibility of contaminating any food, food-contact surface, or
utensil.
114213. (a) Any potable water or wastewater tank mounted within a
mobile food facility or mobile support unit shall have an air vent
overflow provided in a manner that will prevent potential flooding of
the interior of the facility.
(b) If provided, a water tank vent shall terminate in a downward
direction and shall be covered with 16 mesh per square inch screen or
equivalent when the vent is in a protected area or a protective
filter when the vent is in an area that is not protected from
windblown dirt and debris.
114215. Hoses used in conjunction with nonpermanent food
facilities shall meet all of the following requirements:
(a) A hose used for conveying potable water from a water tank
shall be:
(1) Safe.
(2) Durable, corrosion-resistant, and nonabsorbent.
(3) Resistant to pitting, chipping, crazing, scratching, scoring,
distortion, and decomposition.
(4) Finished with a smooth interior surface.
(5) Protected from contamination at all times.
(6) Clearly and durably identified as to its use if not
permanently attached.
(b) Liquid waste lines shall not be the same color as hoses used
for potable water.
(c) Hoses used on a mobile food facility or a mobile support unit
and potable water tank connectors shall have matching connecting
devices. Devices for external cleaning shall not be used for potable
water purposes on the mobile food facility. Hoses and faucets
equipped with quick connect and disconnect devices for these purposes
shall be deemed to meet the requirements of this subdivision.
Exterior hose-connection valves shall be attached to mobile food
facilities or mobile support units and shall be located above the
ground with an approved water connection.
114217. (a) A potable water tank of sufficient capacity to
furnish an adequate quantity of potable water for food preparation,
cleaning, and handwashing purposes shall be provided for nonpermanent
food facilities.
(b) Except as specified in subdivision (c), at least 30 gallons of
water shall be provided for food preparation.
(c) At least 15 gallons of water shall be provided for limited
food preparation where warewashing is conducted.
(d) At least five gallons of water shall be provided exclusively
for handwashing for each nonpermanent food facility. Any water needed
for other purposes shall be in addition to the five gallons for
handwashing.
(e) The water delivery system shall deliver at least one gallon
per minute to each sink basin.
114219. A potable water tank shall be enclosed from the filling
inlet to the discharge outlet and emptied to ensure complete drainage
of the tank.
114221. (a) Water tanks shall be designed with an access port for
inspection and cleaning. The access port shall be in the top of the
tank and flanged upward at least one-half inch and equipped with a
port cover assembly that is provided with a gasket and a device for
securing the cover in place and flanged to overlap the opening and
sloped to drain.
(b) Notwithstanding subdivision (a), water tanks that are not
accessible for inspection may comply with this section by submitting
written operational procedures for the cleaning and sanitizing of the
potable water tank. 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 hours of operation.
114223. A fitting with "V" type threads on a water tank inlet or
outlet shall be allowed only when a hose is permanently attached.
114225. (a) Potable water tanks shall be installed in a manner
that will allow water to be filled with an easily accessible inlet.
(b) A potable water tank's inlet and outlet shall be positioned so
that they are protected from contaminants such as waste discharge,
dust, oil, or grease.
(c) Nonpermanent food facilities 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.
114227. A filter that does not pass oil or oil vapors shall be
installed in the air supply line between the compressor and potable
water system when compressed air is used to pressurize the water tank
system.
114229. If not in use, a potable water tank and hose inlet and
outlet fitting shall be protected using a cap and keeper chain, quick
disconnect, closed cabinet, closed storage tube, or other approved
protective cover or device.
114231. A nonpermanent food facility's potable water tank inlet
shall be three-fourths inch in inner diameter or less and provided
with a hose connection of a size or type that will prevent its use
for any other service.
114233. A water tank, pump, and hoses shall be flushed and
sanitized before being placed in service after construction, repair,
modification, and periods of nonuse.
114235. A person shall operate a water tank, pump, and hoses so
that backflow and other contamination of the water supply are
prevented.
114238. A water tank, pump, and hoses used for conveying potable
water shall not be used for any other purpose.
114239. (a) Potable water tanks may be constructed in a manner
that will allow for potable water tank to be removed from within the
nonpermanent food facility compartments for refilling or replacing.
(b) Refilling of a potable water tank shall be conducted through
an approved and sanitary method, such as at the commissary.
(c) Storage of any prefilled water tank, or empty and clean water
tanks, or both, shall be within the nonpermanent food facility or in
an approved manner that will protect against contamination.
114240. (a) Wastewater tanks shall be of a capacity commensurate
with the level of food handling activity.
(b) Wastewater tanks shall have a minimum capacity that is 50
percent greater than the potable water tanks. In no case shall the
wastewater capacity be less than 7.5 gallons. Where potable water for
the preparation of a food or beverage is supplied, an additional
wastewater tank capacity equal to at least 15 percent of the water
supply shall be provided.
(c) Additional wastewater tank capacity may be required where
wastewater production is likely to exceed tank capacity.
(d) Where ice is utilized in the storage, display, or service of
food or beverages, an additional minimum wastewater holding tank
shall be provided with a capacity equal to one-third of the volume of
the ice cabinet to accommodate the drainage of ice melt.
(e) Wastewater tanks on nonpermanent food facilities shall be
equipped with a shut-off valve.
114241. (a) Wastewater tanks may be constructed in a manner that
will allow the wastewater tank to be removed from within the approved
nonpermanent food facility compartments for replacing.
(b) Retail food operations shall cease during removal and
replacement of tanks.
(c) Sewage and other liquid wastes shall be removed from a
nonpermanent food facility at an approved waste servicing area or by
an approved sewage transport vehicle in such a way that a public
health hazard or nuisance is not created.
114242. Wastewater tanks shall be thoroughly flushed and drained
in a sanitary manner during the servicing operation.
Article 4. Refuse
114244. (a) Each food facility shall be provided with any
facilities and equipment necessary to store or dispose of all waste
material.
(b) Waste receptacles shall be provided for use by consumers.
(c) A receptacle shall be provided in each area of the food
facility or premises where refuse is generated or commonly discarded,
or where recyclables or returnables are placed.
114245. (a) An area designated for refuse, recyclables,
returnables, and a redeeming machine for recyclables or returnables
shall be located so that it is separate from food, equipment,
utensils, linens, and single-service and single-use articles and a
public health hazard or nuisance is not created.
(b) Receptacles and waste handling units for refuse, recyclables,
and returnables shall not be located so as to create a public health
hazard or nuisance or interfere with the cleaning of adjacent space.
114245.1. (a) All refuse, recyclables, and returnables shall be
kept in nonabsorbent, durable, cleanable, leakproof, and rodentproof
containers and shall be contained so as to minimize odor and insect
development by covering with close-fitting lids or placement in a
disposable bag that is impervious to moisture and then sealed.
(b) Trash containers inside a food facility need not be covered
during periods of operation.
(c) All refuse shall be removed and disposed of in a sanitary
manner as frequently as may be necessary to prevent the creation of a
nuisance.
(d) Storage areas, enclosures, and receptacles for refuse,
recyclables, and returnables shall be maintained in good repair.
(e) Refuse, recyclables, and returnables shall be removed from the
premises at a frequency that will minimize the development of
objectionable odors and other conditions that attract or harbor
insects and rodents.
114245.2. Cardboard or other packaging material that does not
contain food residues and that is awaiting regularly scheduled
delivery to a recycling or disposal site may be stored outside
without being in a covered receptacle if it is stored so that it does
not create a rodent harborage problem.
114245.3. If located within the food facility, a storage area for
refuse, recyclables, and returnables shall meet the requirements for
floors, walls, ceilings, and vermin exclusion as specified in this
part.
114245.4. If provided, an outdoor storage area or enclosure used
for refuse, recyclables, and returnables shall be constructed of
nonabsorbent material such as concrete or asphalt and shall be easily
cleanable, durable, and sloped to drain.
114245.5. Receptacles and waste handling units for refuse and
recyclables shall be installed so that accumulation of debris and
insect and rodent attraction and harborage are minimized and
effective cleaning is facilitated around and, if the unit is not
installed flush with the base pad, under the unit.
114245.6. (a) Receptacles and waste handling units for refuse,
recyclables, and returnables shall be thoroughly cleaned in a way
that does not contaminate food, equipment, utensils, linens, or
single-service and single-use articles, and wastewater shall be
disposed of as specified under Section 114241.
(b) Soiled receptacles and waste handling units for refuse,
recyclables, and returnables shall be cleaned at a frequency
necessary to prevent them from developing a buildup of soil or
becoming attractants for insects and rodents.
114245.7. (a) Except as specified in subdivision (b), suitable
cleaning implements and supplies such as high pressure pumps, hot
water, steam, and detergent shall be provided as necessary for
effective cleaning of receptacles and waste handling units for
refuse, recyclables, and returnables.
(b) If approved, off-premises-based cleaning services may be used
if on-premises cleaning implements and supplies are not provided.
114245.8. All animal byproducts and inedible kitchen grease
disposed of by any food facility shall be transported by a renderer
licensed under Section 19300 of the Food and Agricultural Code, or a
registered transporter of inedible kitchen grease licensed under
Section 19310 of the Food and Agricultural Code. Nothing in this
section prevents a food facility from transporting its own animal
byproducts in its own vehicles to a central collection point. For the
purposes of this section, inedible kitchen grease does not include
grease recovered from a grease interceptor.
CHAPTER 8. Physical Facilities
Article 1. Toilet Facilities
114250. Clean toilet rooms in good repair shall be provided and
conveniently located and accessible for use by employees during all
hours of operation. The number of toilet facilities required shall be
in accordance with applicable local building and plumbing
ordinances. Toilet rooms shall not be used for the storage of food,
equipment, or supplies. Toilet tissue shall be provided in a
permanently installed dispenser at each toilet.
114250.1. (a) Food facilities located within amusement parks,
stadiums, arenas, food courts, fairgrounds, and similar premises
shall not be required to provide toilet facilities for employee use
within each food facility if approved toilet facilities are located
within 200 feet in travel distance of each food facility and are
readily available for use by employees. Food facilities subject to
this section shall be provided with approved handwashing facilities
for employee use.
(b) Notwithstanding subdivision (a), food facilities approved
prior to the effective date of this part with toilet facilities
within 300 feet are not required to meet the 200 foot requirement.
Article 2. Lighting
114252. In every room and area in which any food is prepared,
manufactured, processed, or prepackaged, or in which equipment or
utensils are cleaned, sufficient natural or artificial lighting shall
be provided to produce the following light intensity, while the area
is in use:
(a) At least 10-foot candles at a distance of 30 inches above the
floor, in walk-in refrigeration units and dry food storage areas.
(b) At least 20-foot candles for the following:
(1) At a surface where food is provided for consumer self-service
or where fresh produce or prepackaged foods are sold or offered for
consumption.
(2) Inside equipment such as reach-in and under-counter
refrigerators.
(3) At a distance of 30 inches above the floor in areas used for
handwashing, warewashing, and equipment and utensil storage, and in
toilet rooms.
(c) At least 50-foot candles at a surface where a food employee is
working with food or working with utensils or equipment such as
knives, slicers, grinders, or saws where employee safety is a factor
and in other areas and rooms during periods of cleaning.
114252.1. (a) Except as specified in subdivision (b), light bulbs
shall be shielded, coated, or otherwise shatter-resistant in areas
where there is nonprepackaged ready-to-eat food, clean equipment,
utensils, and linens, or unwrapped single-use articles.
(b) Shielded, coated, or otherwise shatter-resistant bulbs need
not be used in areas used only for storing prepackaged food in
unopened packages, if the integrity of the packages cannot be
affected by broken glass falling onto them and the packages are
capable of being cleaned of debris from broken bulbs before the
packages are opened.
(c) Infrared and other heat lamps shall be protected against
breakage by a shield surrounding and extending beyond the bulb so
that only the face of the bulb is exposed, or by using approved
coated shatter resistant bulbs.
Article 3. Poisonous and Toxic Materials
114254. (a) Only those insecticides, rodenticides, and other
pesticides that are necessary and specifically approved for use in a
food facility may be used. The use shall be in accordance with the
manufacturer's instructions.
(b) All poisonous substances, detergents, bleaches, cleaning
compounds, and all other injurious or poisonous materials shall be
stored and used only in a manner that is not likely to cause
contamination or adulteration of food, food-contact surfaces,
utensils, or packaging materials.
(c) A container previously used to store poisonous or toxic
materials shall not be used to store, transport, or dispense food,
utensils, and linen.
114254.1. (a) Containers of poisonous or toxic materials and
personal care items shall bear a legible manufacturer's label.
(b) Working containers used for storing poisonous or toxic
materials such as cleaners and sanitizers taken from bulk supplies
shall be clearly and individually identified with the common name of
the material.
114254.2. (a) Except as specified in subdivision (b), poisonous
or toxic materials shall be stored or displayed so they can not
contaminate food, equipment, utensils, linens, and single-use
articles by separating the poisonous or toxic materials by spacing or
partitioning and locating the poisonous or toxic materials in an
area that is not above food, equipment, utensils, linens, and
single-use articles.
(b) Equipment and utensil cleaners and sanitizers may be stored in
warewashing areas for availability and convenience if the materials
are stored to prevent contamination of food, equipment, utensils,
linens, and single-use articles.
114254.3. A container previously used to store poisonous or toxic
materials shall not be used to store, transport, or dispense food,
utensils, or single-use articles.
Article 4. Employee Storage Areas
114256. (a) Areas designated for employees to eat and drink shall
be located so that food, equipment, linens, and single-use articles
are protected from contamination.
(b) Lockers or other suitable facilities shall be located in a
designated room or area where contamination of food, equipment,
utensils, linens, and single-use articles cannot occur.
114256.1. (a) Lockers or other suitable facilities shall be
provided and used for the orderly storage of employee clothing and
other possessions.
(b) Dressing rooms or dressing areas shall be provided and used by
employees if the employees regularly change their clothes in the
facility.
(c) Supervised care facilities, restricted food service
facilities, and nonpermanent food facilities shall not be required to
comply with subdivision (a), but no person shall store clothing or
personal effects in any area used for the storage and preparation of
food.
114256.2. Medicines that are in a food facility for the employees'
use shall be labeled and stored so as to prevent the contamination
of food, equipment, utensils, linens, and single-use articles. This
section does not apply to medicines that are stored or displayed for
retail sale.
114256.3. Medicines belonging to employees or to children in a
day care center that require refrigeration and are stored in a food
refrigerator shall be stored in a package or container and kept
inside a covered, leakproof container that is identified as a
container for the storage of medicines and located so they are
inaccessible to children.
114256.4. First aid supplies that are in a food facility for the
employees' use shall be labeled with a legible manufacturer's label
and stored in a kit or a container that is located to prevent the
contamination of food, equipment, utensils, linens, and single-use
articles.
Article 5. Premises and Facilities
114257. All food facilities and all equipment, utensils, and
facilities shall be kept clean, fully operative, and in good repair.
114257.1. The premises of a food facility shall be free of litter
and items that are unnecessary to the operation or maintenance of
the facility, such as equipment that is nonfunctional or no longer
used.
Article 6. Vermin and Animals
114259. A food facility shall at all times be constructed,
equipped, maintained, and operated as to prevent the entrance and
harborage of animals, birds, and vermin, including, but not limited
to, rodents and insects.
114259.1. The premises of each food facility shall be kept clean
and free of vermin.
114259.2. Passthrough window service openings shall be limited to
216 square inches each. The service openings shall not be closer
together than 18 inches. Each opening shall be provided with a solid
or screened window, equipped with a self-closing device. Screening
shall be at least 16 mesh per square inch. Passthrough windows of up
to 432 square inches are approved if equipped with an air curtain
device. The counter surface of the service openings shall be smooth
and easily cleanable.
114259.3. (a) Insect control devices that are used to electrocute
or stun flying insects shall be designed to retain the insect within
the device.
(b) Insect control devices shall be installed so that the devices
are not located over a food or utensil handling area and dead insects
and insect fragments are prevented from being impelled onto or
falling on nonprepackaged food, clean equipment, utensils, linens,
and unwrapped single-use articles.
114259.4. (a) Except as specified in subdivision (b), food
employees shall not care for or handle animals that may be present,
such as patrol dogs, service animals, or pets that are allowed as
specified in subdivision (b) of Section 114259.5.
(b) Food employees with service animals may handle or care for
their service animals, and food employees may handle or care for fish
in aquariums or molluscan shellfish or crustacea in display tanks if
they wash their hands as required in this part.
114259.5. (a) Except as specified in subdivision (b), live
animals may not be allowed in a food facility.
(b) Live animals may be allowed in any of the following situations
if the contamination of food, clean equipment, utensils, linens, and
unwrapped single-use articles cannot result:
(1) Edible fish or decorative fish in aquariums, shellfish or
crustacea on ice or under refrigeration, and shellfish and crustacea
in display tank systems.
(2) Animals intended for consumption if the live animals are kept
separate from all food and utensil handling areas, are held in
sanitary conditions, are slaughtered in a separate room designed
solely for that purpose and separated from other food and utensil
handling areas, and maintained in an area that has ventilation
separate from food and utensil handling areas.
(3) Dogs under the control of a uniformed law enforcement officer
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 those employees are acting within the course
and scope of their employment as private patrol persons.
(4) In areas that are not used for food preparation and that are
usually open for customers, such as dining and sales areas, service
animals that are controlled by a disabled employee or person, if a
health or safety hazard will not result from the presence or
activities of the service animal.
(5) Pets in the common dining areas of restricted food service
facilities and supervised care facilities at times other than during
meals if all of the following conditions are satisfied:
(A) Effective partitioning and self-closing doors separate the
common dining areas from food storage or food preparation areas.
(B) Condiments, equipment, and utensils are stored in enclosed
cabinets or removed from the common dining areas when pets are
present.
(C) Dining areas including tables, countertops, and similar
surfaces are effectively cleaned before the next meal service.
(6) In areas that are not used for food preparation, storage,
sales, display, or dining, in which there are caged animals or
animals that are similarly restricted, such as in a variety store
that sells pets or a tourist park that displays animals.
(7) If kept at least 20 feet (6 meters) away from any mobile food
facility, temporary food facility, or certified farmers' market.
(c) Those persons and operators described in paragraphs (3) and
(4) are liable for any damage done to the premises or facilities by
the dog.
(d) Live or dead fish bait may be stored if contamination of food,
clean equipment, utensils, linens, and unwrapped single-use articles
cannot result.
CHAPTER 9. Permanent Food Facilities
114265. All permanent food facilities shall meet the applicable
requirements in Chapters 1 to 8, inclusive, and Chapter 13, unless
specifically exempted from any of these provisions.
Article 1. Floors, Walls, and Ceilings
114266. (a) Each permanent food facility shall be fully enclosed
in a building consisting of permanent floors, walls, and an overhead
structure that meet the minimum standards as prescribed by this part.
Food facilities that are not fully enclosed on all sides and that
are in operation on January 1, 1985, shall not be required to meet
the requirements of this section until the facility is remodeled or
has a significant change in its menu or its method of operation.
(b) Notwithstanding subdivision (a), this section shall not be
construed to require the enclosure of dining areas or any other
operation approved for outdoor food service.
(c) Notwithstanding subdivision (a), a produce stand that was in
operation prior to the effective date of this part shall have no more
than one side open to the outside air during business hours.
114268. (a) Except in sales areas and as otherwise specified in
subdivision (d), the floor surfaces in all areas in which food is
prepared, prepackaged, or stored, where any utensil is washed, where
refuse or garbage is stored, where janitorial facilities are located
in all toilet and handwashing areas, except with respect
to areas relating to guestroom
accommodations and the private accommodations of owners and operators
in restricted food service facilities, and in employee change and
storage areas shall be smooth and of durable construction and
nonabsorbent material that is easily cleanable.
(b) Floor surfaces shall be coved at the juncture of the floor and
wall with a 3/8 inch minimum radius coving and shall extend up the
wall at least 4 inches, except in areas where food is stored only in
unopened bottles, cans, cartons, sacks, or other original shipping
containers.
(c) Supervised care facilities and public or private schools
constructed or remodeled after the effective date of this part shall
comply with subdivision (b). Supervised care facilities and public
and private schools constructed before the effective date of this
part need not comply with subdivision (b), provided that the existing
floor surfaces are maintained in good repair and in a sanitary
condition.
(d) Except for dining and serving areas, the use of sawdust, wood
shavings, peanut hulls, or similar materials is prohibited.
(e) This section shall not prohibit the use of approved
dust-arresting floor sweeping and cleaning compounds during floor
cleaning operations or the use of antislip floor finishes or
materials in areas where necessary for safety reasons.
114268.1. (a) Except as specified in subdivision (b), only
dustless methods of cleaning such as wet cleaning, vacuum cleaning,
mopping with treated dust mops, or sweeping using a broom and
dust-arresting compounds, shall be used in food facilities.
(b) Spills or drippage on floors that occur between normal floor
cleaning times may be cleaned without the use of dust-arresting
compounds and, in the case of liquid spills or drippage, with the use
of a small amount of absorbent compound such as sawdust or
diatomaceous earth applied immediately before spot cleaning.
114269. (a) Upon new construction or extensive remodeling, floor
drains shall be installed in floors that are water-flushed for
cleaning and in areas where pressure spray methods for cleaning
equipment are used. Floor surfaces in areas pursuant to this
subdivision shall be sloped 1:50 to the floor drains.
(b) Upon new construction or extensive remodeling, floor sinks or
equivalent devices shall be installed to receive discharges of water
or other liquid waste from equipment.
114271. (a) Except as provided in subdivision (b), the walls and
ceilings of all rooms shall be of a durable, smooth, nonabsorbent,
and easily cleanable surface.
(b) This section shall not apply to any of the following areas:
(1) Walls and ceilings of bar areas in which alcoholic beverages
are sold or served directly to the consumers, except wall areas
adjacent to bar sinks and areas where food is prepared.
(2) Areas where food is stored only in unopened bottles, cans,
cartons, sacks, or other original shipping containers.
(3) Dining and sales areas.
(4) Offices.
(5) Restrooms that are used exclusively by the patrons, except
that the walls and ceilings in the restrooms shall be of a
nonabsorbent and washable surface.
(c) Acoustical paneling may be utilized if it is installed not
less than six feet above the floor. The paneling shall meet the other
requirements of this section.
(d) Conduits of all types shall be installed within walls as
practicable. When otherwise installed, they shall be mounted or
enclosed so as to facilitate cleaning.
(e) Attachments to walls and ceilings, such as light fixtures,
mechanical room ventilation system components, vent covers, wall
mounted fans, decorative items, and other attachments, shall be
easily cleanable.
114272. Mats and duckboards shall be designed to be removable and
easily cleanable.
Article 2. Toilet Facilities
114276. (a) A permanent food facility shall provide clean toilet
facilities in good repair for use by employees.
(b) (1) A permanent food facility shall provide clean toilet
facilities in good repair for patrons, guests, or invitees when there
is onsite consumption of foods or when the food facility was
constructed after July 1, 1984, and has more than 20,000 square feet
of floor space.
(2) Notwithstanding Section 113984.1, toilet facilities that are
provided for use by patrons, guests, or invitees shall be in a
location where patrons, guests, and invitees do not pass through food
preparation, food storage, or utensil washing areas to reach the
toilet facilities.
(3) For purposes of this section, a building subject to paragraph
(1) that has a food facility with more than 20,000 square feet of
floor space shall provide at least one separate toilet facility for
men and one separate toilet facility for women.
(4) For purposes of this section, the gas pump area of a service
station that is maintained in conjunction with a food facility shall
not be considered as property used in connection with the food
facility or be considered in determining the square footage of floor
space of the food facility.
(c) (1) Toilet rooms shall be separated by well-fitted,
self-closing doors that prevent the passage of flies, dust, or odors.
(2) Toilet room doors shall be kept closed except during cleaning
and maintenance operations.
(d) Handwashing facilities, in good repair, shall be provided as
specified in Sections 113953 and 113953.3.
(e) Any city, county, or city and county may enact ordinances that
are more restrictive than this section.
(f) (1) Except as provided in paragraph (1) of subdivision (b),
any building that is constructed before January 1, 2004, that has a
food facility that provides space for the consumption of food on the
premises shall either provide clean toilet facilities in good repair
for patrons, guests, or invitees on property used in connection with,
or in, the food facility or prominently post a sign within the food
facility in a public area stating that toilet facilities are not
provided.
(2) The first violation of paragraph (1) shall result in a
warning. Subsequent violations shall constitute an infraction
punishable by a fine of not more than two hundred fifty dollars
($250).
(3) The requirements of this section for toilet facilities that
are accessible to patrons, guests, or invitees on the property may be
satisfied by permitting access by those persons to the toilet and
handwashing facilities that are required by this part.
Article 3. Janitorial Facilities
114279. (a) At least one curbed cleaning facility or janitorial
sink equipped with a drain shall be provided and conveniently located
for the cleaning of mops or similar wet floor cleaning tools and for
the disposal of mop water and similar liquid waste.
(b) Restricted food service facilities shall be exempt from
subdivision (a) if hot water is available for janitorial purposes and
wastewater from janitorial activities is disposed of through an
approved sewage disposal system.
114281. A room, area, or cabinet separated from any food
preparation or storage area, or warewashing or storage area, shall be
provided for the storage of cleaning equipment and supplies.
114282. After use, mops shall be placed in a position that allows
them to air-dry without soiling walls, equipment, or supplies.
Article 4. Premises
114285. (a) A private home, a room used as living or sleeping
quarters, or an area directly opening into a room used as living or
sleeping quarters may not be used for conducting food facility
operations.
(b) Restricted food service facilities and supervised care
facilities are exempt from subdivision (a), but shall not contain
sleeping accommodations in any area where food is prepared or stored.
114286. (a) No sleeping accommodations shall be maintained or
kept in any room where food is prepared, stored, or sold.
(b) Living or sleeping quarters located on the premises of a food
facility shall be separated from rooms and areas used for food
facility operations by complete partitioning and solid self-closing
doors.
CHAPTER 10. Mobile Food Facilities
114294. (a) All mobile food facilities and mobile support units
shall meet the applicable requirements in Chapters 1 to 8, inclusive,
and Chapter 13, unless specifically exempted from any of these
provisions as provided in this chapter.
(b) The enforcement agency shall initially approve all mobile food
facilities and mobile support units as complying with the provisions
of this chapter and may require reapproval if deemed necessary.
(c) Each mobile food facility that is either a special purpose
commercial modular and coach as defined by Section 18012.5 or a
commercial modular coach as defined by Section 18001.8 shall be
certified by the Department of Housing and Community Development,
consistent with Chapter 4 (commencing with Section 18025) of Part 2
of Division 13, and regulations promulgated pursuant to that chapter.
In addition, the enforcement agency shall approve all equipment
installation prior to operation.
114295. (a) Except as specified in subdivision (b), all mobile
food facilities shall operate in conjunction with a commissary,
mobile support unit, or other facility approved by the enforcement
agency.
(b) This section does not apply to mobile food facilities that
operate at community events as defined in Section 113755 and that
remain in a fixed position during food preparation and its hours of
operation.
(c) Mobile food facilities shall be stored at or within a
commissary or other location approved by the enforcement agency in
order to have protection from unsanitary conditions.
(d) Mobile support units shall be operated from and stored at a
designated commissary and shall be subject to permitting and plan
review.
114297. (a) Mobile food facilities shall be cleaned and serviced
at least once daily during an 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 that 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.
114299. (a) Except as specified in subdivision (c), the business
name or name of the operator, city, state, ZIP Code, and name of the
permittee, if different from the name of the food facility, shall be
legible, clearly visible to patrons, and permanently affixed on the
customer side of the mobile food facility and on a mobile support
unit.
(b) The name shall be in letters at least 3 inches high and shall
be of a color contrasting with the vehicle exterior. Letters and
numbers for the city, state, and ZIP Code shall not be less than one
inch high.
(c) Notwithstanding subdivision (a), motorized mobile food
facilities and mobile support units shall have the required
identification on two sides.
114301. (a) Except to the extent that an alternative construction
standard is explicitly prescribed by this section, construction
standards for mobile food facilities that are subject to Part 2
(commencing with Section 18000) of Division 13 shall be governed by
that part.
(b) Mobile food facility equipment, including, but not limited to,
cooking equipment, the interior of cabinet units, and compartments,
shall be designed and made of materials that result in smooth,
readily accessible, and easily cleanable surfaces.
(1) Unfinished wooden surfaces are prohibited.
(2) Construction joints and seams shall be tightly fitted and
sealed so as to be easily cleanable. Silicone sealant or equivalent
waterproof compounds shall be acceptable, provided that the gap is
smaller than one-quarter inch and applied smooth so as to prevent the
entrance of liquid waste or vermin.
(3) Except as specified in Section 114314, all equipment shall be
an integral part of the primary unit.
(c) Mobile food facilities that handle potentially hazardous
foods, except for prepackaged frozen ready-to-eat foods, whole fish,
and whole aquatic invertebrates, shall be equipped with refrigeration
units as defined in Section 113885.
(d) 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.
(e) Space around pipes, conduits, or hoses that extend through
cabinets, floors, or outer walls shall be sealed. The closure shall
be smooth and easily cleanable.
(f) Equipment in which spillage is likely to occur shall have a
drip tray fitted so that spillage drains into a waste tank.
(g) All equipment shall be installed so as to be easily cleanable,
prevent vermin harborage, and provide adequate access for service
and maintenance.
(1) Equipment shall be spaced apart or sealed together for easy
cleaning. There shall be a minimum of four inches of unobstructed
space provided for sanitary maintenance beneath counter mounted
equipment or between the sides of adjacent equipment.
(2) Portable equipment or machinery need not comply with the
minimum leg height requirement.
(3) Threads, nuts, or rivets shall not be exposed where they
interfere with cleaning. Threads, nuts, or rivets that interfere with
cleaning shall be sealed or capped.
(4) All floor mounted equipment shall be sealed to the floor to
prevent moisture from getting under the equipment, or it shall be
raised at least six inches off the floor by means of an easily
cleanable leg and foot.
(h) Floors, walls, and ceilings of all enclosed food preparation
areas shall be constructed so that the surfaces are impervious,
smooth, and easily cleanable. Floor surfaces shall provide employee
safety from slipping. The juncture of the floor and wall shall be
coved with a 3/8 inch minimum radius coving, with the floor surface
extending up the wall at least four inches.
(i) Notwithstanding Section 114143, ground or floor surfaces where
cooking processes are conducted from a grill, barbecue, or other
unenclosed cooking unit on a mobile food facility shall be
impervious, smooth, easily cleanable, and shall provide employee
safety from slipping. Ground or floor surfaces in compliance with
this section shall extend a minimum of five feet on all open sides of
where cooking processes are conducted.
114303. (a) Employee entrance doors to food preparation areas
shall be self-closing and kept closed when not in use.
(b) The mobile food facility, and all equipment and utensils shall
be protected from potential contamination, and kept clean, in good
repair, and free of vermin.
(c) During transportation, storage, and operation of a mobile food
facility, food, food-contact surfaces, and utensils shall be
protected from contamination.
(d) The permitholder of an unenclosed mobile food facility
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.
114305. (a) 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.
(b) Food preparation counter space shall be provided commensurate
with the food operation, adjacent to all cooking equipment.
(c) Except as specified in subdivision (d), food products
remaining after each day's operation shall be stored in an approved
commissary or other approved facility.
(d) Potentially hazardous foods held at or above 135/4F on a
mobile food facility or mobile support unit shall be destroyed at the
end of the operating day.
114307. Mobile food facilities that operate at community events
and that remain fixed during food preparation and its hours of
operation may:
(a) Include a staffed counter that serves hot and cold beverages
and ice that are not potentially hazardous food and that are
dispensed from approved bulk dispensing units.
(b) Store supplies and food that are not potentially hazardous in
unopened containers adjacent to the mobile food facility or in a
nearby temporary storage unit. "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.
(c) Operate an open-air barbecue adjacent to the mobile food
facility if approved by the enforcement agency.
114309. (a) Mobile food facilities and mobile support unit shall
be exempt from the requirements of Sections 114250, 114256.1, and
114279.
(b) Nothing in this chapter shall be deemed to require any person
to replace or modify an existing mobile food facility approved for
operation prior to adoption of this part, so long as the facility is
operated in accordance with the conditions of approval. Plans and
specifications may be required by the enforcement agency if it
determines that they are necessary to assure compliance with this
part.
(c) Mobile food facilities equipped with a one-compartment sink or
two-compartment sink that was approved for operation prior to
adoption of this part need not provide a three-compartment sink.
114311. Except as specified in subdivision (c), mobile food
facilities not under a valid permit as of January 1, 1997, from which
nonprepackaged food is sold shall provide handwashing facilities.
The handwashing facilities shall be separate from the warewashing
sink.
(a) The handwashing sink shall have a minimum dimension of nine
inches by nine inches in length and width and five inches in depth
and be easily accessible by food employees.
(b) The handwashing facility shall be separated from the
warewashing sink by a metal splashguard with a height of at least six
inches that extends from the back edge of the drainboard to the
front edge of the drainboard, the corners of the barrier to be
rounded. No splashguard is required if the distance between the
handwashing sink and the warewashing sink drainboards is 24 inches or
more.
114313. (a) Except as specified in subdivision (b), mobile food
facilities where nonprepackaged food is cooked, blended, or otherwise
prepared shall provide a warewashing sink with at least three
compartments with two integral metal drainboards.
(1) The dimensions of each compartment shall be at least 12 inches
wide, 12 inches long, and 10 inches deep, or large enough to
accommodate the cleaning of the largest utensil.
(2) Each drainboard shall be at least the size of one of the sink
compartments. The drainboards shall be installed with at least 1/8
inch per foot slope toward the sink compartment, and fabricated with
a minimum of one-half inch lip or rim to prevent the draining liquid
from spilling onto the floor.
(3) The sink shall be equipped with a mixing faucet and shall be
provided with a swivel spigot capable of servicing all sink
compartments.
(b) Mobile food facilities that are not required to provide a
warewashing sink on the mobile food facility, including those that
handle nonpotentially hazardous foods that require no preparation
other than heating, baking, popping, portioning, bulk dispensing, or
assembly shall wash and sanitize all utensils and equipment on a
daily basis at the approved commissary or other approved food
facility and provide and maintain an adequate supply of spare
preparation and serving utensils in the mobile food facility as
needed to replace those that become soiled or contaminated.
(c) Mobile food facilities shall develop and follow written
operational procedures for food handling and cleaning and sanitizing
food contact surfaces and utensils. The enforcement agency shall
review and approve the procedures prior to their implementation. An
approved copy of the procedures shall be kept on the mobile food
facility during periods of operation.
114314. (a) Handwashing facilities and warewashing sinks for
unenclosed mobile food facilities 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.
(b) When used in conjunction with a mobile food facility, an
auxiliary conveyance shall contain all of the utility connections.
114315. Mobile food facilities shall be operated within 200 feet
travel distance of approved and readily available toilet and
handwashing facilities, or as otherwise approved by the enforcement
agency, to ensure restroom facilities are available to facility
employees whenever the mobile food facility is stopped to conduct
business for more than a one-hour period.
114317. The exterior of a mobile food facility and the
surrounding area, as relating to the operation of food service, shall
be maintained in a sanitary condition.
114319. (a) Spare tires, related automotive equipment, or special
tools relating to the mechanical operation of the mobile food
facility shall not be stored in the food preparation or food storage
areas.
(b) A separate cabinet or drawer shall be installed for the
storage of insecticides or other poisonous substances in accordance
with Section 114254, if these substances are used. All poisonous
chemicals shall be kept in this cabinet or drawer in their original
containers and in a manner that offers no contamination hazard to
food or utensils.
(c) During periods of inoperation, food and utensils shall be
stored in one of the following methods:
(1) Within approved food storage facilities at the commissary or
other approved facility.
(2) In food compartments approved by the enforcement agency where
the food is protected at all times from contamination, exposure to
the elements, ingress of rodents and other vermin, and temperature
abuse.
114321. Mobile food facilities that are occupied during normal
business operations shall have a clear, unobstructed height over the
aisleway portion of the unit of at least 74 inches from floor to
ceiling, and a minimum of 30 inches of unobstructed horizontal aisle
space. This section shall not apply to vehicles under permit prior to
January 1, 1996.
114322. Compressor units that are not an integral part of food
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.
114323. (a) A first-aid kit shall be provided and located in a
convenient area in an enclosed case.
(b) Mobile food facilities that operate at more than one location
in a calendar day shall be equipped to meet all of the following
requirements:
(1) All utensils in a mobile food facility shall be stored so as
to prevent their being thrown about in the event of a sudden stop,
collision, or overturn. A safety knife holder shall be provided to
avoid loose storage of knives in cabinets, boxes, or slots along
counter aisles. Knife holders shall be designed to be easily
cleanable and be manufactured of materials approved by the
enforcement agency.
(2) Coffee urns, deep fat fryers, steam tables, and similar
equipment shall be equipped with positive closing lids that are
fitted with a secure latch mechanism that will prevent excessive
spillage of hot liquids into the interior of a mobile food facility
in the event of a sudden stop, collision, or overturn. As an
alternative to this requirement, a coffee urn may be installed in a
compartment that will prevent excessive spillage of coffee in the
interior of the unit.
(3) Metal protective devices shall be installed on the glass
liquid level sight gauges on all coffee urns.
(c) Light bulbs and tubes shall be covered with a completely
enclosed plastic safety shield or its equivalent, and installed so as
to not constitute a hazard to personnel or food.
(d) All liquefied petroleum equipment shall be installed to meet
applicable fire authority standards, and this installation shall be
approved by the fire authority. However, for units subject to Part 2
(commencing with Section 18000) of Division 13, this equipment and
its installation shall comply with standards prescribed by Sections
18028 and 18029.5.
(e) A properly charged and maintained minimum 10 BC-rated fire
extinguisher to combat grease fires shall be properly mounted and
readily accessible on the interior of each occupied mobile food
facility.
(f) (1) Except for units subject to Part 2 (commencing with
Section 18000) of Division 13, a second means of exit shall be
provided in the side opposite the main exit door, or in the roof, or
the rear of the unit, with an unobstructed passage of at least 24
inches by 36 inches. The interior latching mechanism shall be
operable by hand without special tools or key. The exit shall be
labeled "Safety Exit" in contrasting colors with letters at least one
inch high.
(2) For units subject to Part 2 (commencing with Section 18000) of
Division 13, the size, latching, and labeling of the second means of
exit shall comply with standards prescribed by Sections 18028 and
18029.5.
(g) All gas-fired appliances shall be properly insulated in a
manner that will prevent excessive heat buildup and injury.
114325. A water heater or an instantaneous heater capable of
heating water to a minimum of 120/4F, interconnected with a potable
water supply, shall be provided and shall operate independently of
the vehicle engine.
(a) Except as specified in subdivision (b), a water heater with a
minimum capacity of three gallons shall be provided for mobile food
facilities.
(b) A minimum water heater capacity of one-half gallon shall be
provided for mobile food facilities approved for limited food
preparation.
114326. All commissaries and other approved facilities servicing
mobile support units, mobile food facilities, and vending machines
shall meet the
applicable requirements in this part and all of the following:
(a) Adequate facilities shall be provided for the sanitary
disposal of liquid waste from the mobile food facility or mobile
support unit being serviced.
(b) Adequate facilities shall be provided for the handling and
disposal of garbage and refuse originating from a mobile food
facility or mobile support unit.
(c) Potable water shall be available for filling the water tanks
of each mobile food facility and 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.
(d) Hot and cold water, under pressure, shall be available for
cleaning mobile food facilities and mobile support units.
(e) Adequate facilities shall be provided for the storage of food,
utensils, and other supplies.
(f) Notwithstanding Section 113984, commissaries that service
mobile food facilities that conduct limited food preparation shall
provide a food preparation area.
(g) Servicing areas at commissaries shall be provided with
overhead protection, except that areas used only for the loading of
water or the discharge of sewage and other liquid waste through the
use of a closed system of hoses need not be provided with overhead
protection.
(h) Servicing areas used for cleaning shall be sloped and drained
to an approved wastewater system.
(i) Adequate electrical outlets shall be provided for mobile food
facilities and mobile support units that require electrical service.
114327. (a) Mobile support units shall be subject to plan review
and be approved by the enforcement agency. Requirements shall be
based on proposed method of operation and number of mobile food
facilities serviced.
(b) Mobile support units shall meet all applicable requirements of
this part and the following:
(1) Interior floor, 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) Be constructed and operated so that no liquid wastes can drain
onto any street, sidewalk, or premises.
(3) If 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.
(c) Mobile support units shall not be approved for warewashing.
CHAPTER 11. Temporary Food Facilities
114335. (a) Temporary food facilities that operate at a swap meet
are limited to only prepackaged nonpotentially hazardous food and
whole uncut produce, and shall meet the applicable requirements in
Chapter 1 to 8, inclusive, and Chapter 13, unless specifically
exempted from any of these provisions.
(b) Temporary food facilities that operate at a community event
shall meet the applicable requirements in Chapters 1 to 8, inclusive,
and Chapter 13, unless specifically exempted from any of these
provisions.
(c) Food facility requirements shall be determined by the
enforcement agency based on the food service activity to be
conducted, the type of food that is to be prepared or served, the
length of the event, and the extent of food preparation that is to be
conducted at a community event within a temporary food facility.
(d) Notwithstanding subdivision (a), the enforcement agency may
allow temporary food facilities at a swap meet, depending on the food
service activity to be conducted, the type of food that is to be
prepared or served, the duration of the swap meet, and the extent of
food preparation that is to be conducted at the swap meet.
114337. The name of the facility, city, state, ZIP Code, and name
of the operator shall be legible and clearly visible to patrons. The
facility name shall be in letters at least three inches high, and
shall be of a color contrasting with the surface on which it is
posted. Letters and numbers for the city, state, and ZIP Code, may
not be less than one inch in height.
114339. (a) No home canned or home processed foods shall be
permitted within a temporary food facility.
(b) Notwithstanding subdivision (a), nonpotentially hazardous
beverages and baked goods may be offered for sale, sold, or given
away by nonprofit charitable organizations for fundraising purposes
at community events.
114341. (a) Notwithstanding Section 113984, all food preparation
at a community event shall be conducted within the temporary food
facility or other approved food facility.
(b) Barbecues, grills or other equipment approved for outdoor
cooking may be located adjacent to the temporary food facility if
local building and fire codes prohibit cooking inside the temporary
food facility.
(c) Grills and barbecues or other approved cooking equipment shall
be separated from public access by using ropes or other approved
methods to prevent contamination of the food and injury to the
public.
114343. (a) Except as otherwise provided in Section 113996,
during operating hours of the temporary food facility, potentially
hazardous food may be held at a temperature not to exceed 45*F for up
to 12 hours in any 24-hour period.
(b) At the end of the operating day, potentially hazardous food
that is held at 45*F shall be destroyed in a manner approved by the
enforcement agency.
(c) At the end of the operating day, potentially hazardous food
that is held at or above 135*F shall be destroyed in a manner
approved by the enforcement officer.
114345. Temporary food facilities may include a staffed counter
that serves hot and cold beverages and ice that are not potentially
hazardous food and that are dispensed from approved bulk dispensing
units.
114347. Temporary food facilities that handle nonprepackaged food
shall provide floors constructed of concrete, asphalt, tight wood,
or other similar cleanable material kept in good repair.
114349. (a) Temporary food facilities shall be equipped with
overhead protection for all food preparation, food storage, and
warewashing areas. Overhead protection shall be made of wood, canvas,
or other materials that protect the facility from precipitation,
dust, bird and insect droppings, and other contaminants.
(b) Temporary food facilities that handle nonprepackaged food must
also protect food from contamination in all of the following ways:
(1) Enclosure of the food facility with 16 mesh per square inch
screens.
(2) Limiting display and handling of nonprepackaged food in food
compartments.
(3) Other effective means approved by the enforcement officer.
(c) Notwithstanding Section 113984, this section does not apply to
temporary food facilities that are approved for limited food
preparation if flying insects, vermin, birds, and other pests are
absent due to the location of the facility or other limiting
conditions.
114351. Notwithstanding Section 114095, a warewashing sink may be
shared by no more than four temporary food facilities that handle
nonprepackaged food if the sink is centrally located and is adjacent
to the sharing facilities.
114353. A temporary food facility shall provide only single-use
articles for use by the consumer.
114354. (a) Food-related and utensil-related equipment used in
conjunction with a temporary food facility shall be approved by the
enforcement agency.
(b) Cold and hot holding equipment shall be provided to insure
proper temperature control during transportation, storage, and
operation of the temporary food facility.
(c) Equipment shall be located and installed to prevent food
contamination.
114355. Ice used for refrigeration purposes shall not be used for
consumption in food or beverages.
114356. (a) Notwithstanding Section 114047, during periods of
operation, supplies and nonpotentially hazardous food, 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) During periods of inoperation, food shall be stored within a
fully enclosed temporary food facility, within a permanent food
facility or other facility approved by the enforcement agency, or in
approved food compartments where the food is protected at all times
from contamination, exposure to the elements, ingress of rodents and
other vermin, and temperature abuse.
114358. (a) Notwithstanding Section 113953, handwashing
facilities for temporary food facilities that operate for three days
or less may include a container capable of providing a continuous
stream of water at a temperature of 100F from an approved source that
leaves both hands free to allow vigorous rubbing with soap and warm
water for 20 seconds.
(b) Food facilities that handle only prepackaged food may provide
cold water with a germicidal soap at the handwashing facility.
(c) A catch basin shall be provided to collect wastewater, and the
wastewater shall be properly disposed of according to Section
114197.
(d) Handwashing facilities shall be equipped with handwashing
cleanser and single-use sanitary towels.
(e) A separate receptacle shall be available for towel waste.
114359. (a) At least one toilet facility for each 15 employees
shall be provided within 200 feet of each temporary food facility.
(b) Each toilet facility shall be provided with approved
handwashing facilities.
114361. Temporary food facilities that operate for more than one
day shall be cleaned and serviced by methods approved by the
enforcement agency.
114363. Based upon local environmental conditions, location, and
other similar factors, the enforcement officer may establish
additional structural or operational requirements, or both, as
necessary to ensure that foods are of a safe and sanitary quality.
CHAPTER 12. Certified Farmers' Markets
114370. Certified farmers' markets shall meet the applicable
general sanitation requirements in Section 113980 and as provided in
this chapter.
114371. Certified farmers' markets shall meet all of the
following requirements:
(a) All food shall be stored at least six inches off the floor or
ground or under any other conditions that are approved.
(b) Food preparation is prohibited at certified farmers' markets
with the exception of food samples. Distribution of food samples may
occur provided that the following sanitary conditions exist:
(1) Samples shall be kept in approved, clean, covered containers.
(2) All food samples shall be distributed by the producer in a
sanitary manner.
(3) Clean, disposable plastic gloves shall be used when cutting
food samples.
(4) Food intended for sampling shall be washed or cleaned in
another manner of any soil or other material by potable water in
order that it is wholesome and safe for consumption.
(5) Notwithstanding Section 114205, potable water shall be
available for handwashing and sanitizing as approved by the
enforcement agency.
(6) Potentially hazardous food samples shall be maintained at or
below 45/4F and shall be disposed of within two hours after cutting.
(7) Wastewater shall be disposed of in a facility connected to the
public sewer system or in a manner approved by the enforcement
agency.
(8) Utensils and cutting surfaces shall be smooth, nonabsorbent,
and easily cleanable, or single-use articles shall be utilized.
(c) Approved toilet and handwashing facilities shall be available
within 200 feet travel distance of the premises of the certified
farmers' market or as approved by the enforcement officer.
(d) No live animals, birds, or fowl shall be kept or allowed
within 20 feet of any area where food is stored or held for sale.
This subdivision does not apply to guide dogs, signal dogs, or
service dogs when used in the manner specified in Section 54.1 of the
Civil Code.
(e) All garbage and refuse shall be stored and disposed of in a
manner approved by the enforcement officer.
(f) Notwithstanding Chapter 10 (commencing with Section 114294),
vendors selling food adjacent to, and under the jurisdiction and
management of, a certified farmers' market may store, display, and
sell from a table or display fixture apart from the vehicle in a
manner approved by the enforcement agency.
(g) Temporary food facilities may be operated as a separate
community event adjacent to and in conjunction with certified farmers'
markets that are operated as a community event. The organization in
control of the event at which one or more temporary food facilities
operate shall comply with Section 114383.
114373. Raw shell eggs may be stored and displayed without
refrigeration if all of the following conditions are met:
(a) The eggs were produced by poultry owned by the seller and
collected on the seller's property.
(b) The eggs are not placed in direct sunlight during storage or
display.
(c) Retail egg containers are prominently labeled "refrigerate
after purchase" or the seller posts a conspicuous sign advising
consumers that the eggs are to be refrigerated as soon as practical
after purchase.
(d) Retail egg containers are conspicuously identified as to the
date of the pack.
(e) The eggs have been cleaned and sanitized.
(f) The eggs are not checked, cracked, or broken.
(g) Any eggs that are stored and displayed at temperatures of
90/4F or below and that are unsold after four days from the date of
pack shall be stored and displayed at an ambient temperature of 45/4F
or below, diverted to pasteurization, or destroyed in a manner
approved by the enforcement agency.
(h) Any eggs that are stored and displayed at temperatures above
90/4F that are unsold after four days from the date of pack shall be
diverted to pasteurization or destroyed in a manner approved by the
enforcement agency.
CHAPTER 13. Compliance and Enforcement
Article 1. Plan Review and Permits
114380. (a) A person proposing to build or remodel a food
facility shall submit complete, easily readable plans drawn to scale,
and specifications to the enforcement agency for review, and shall
receive plan approval before starting any new construction or
remodeling of any facility for use as a retail food facility.
(b) Plans and specifications may also be required by the
enforcement agency if the agency determines that they are necessary
to assure compliance with the requirements of this part, including,
but not limited to, a menu change or change in the facility's method
of operation.
(c) (1) All new school food facilities or school food facilities
that undergo modernization or remodeling shall comply with all
structural requirements of this part. Upon submission of plans by the
school authority, the Office of State Architect and the local
enforcement agency shall review and approve all new and remodeled
school facilities for compliance with all applicable requirements.
(2) Except where a determination is made by the enforcement agency
that the nonconforming structural conditions pose a public health
hazard, existing food facilities shall be deemed to be in compliance
with the law pending replacement or renovation. If a determination is
made by the enforcement agency that a structural condition poses a
public health hazard, the school shall remedy the deficiency to the
satisfaction of the enforcement agency.
(d) The plans shall be approved or rejected within 20 working days
after receipt by the enforcement agency and the applicant shall be
notified of the decision. Unless the plans are approved or rejected
within 20 working days, they shall be deemed approved. The building
department shall not issue a building permit for a food facility
until after it has received plan approval by the enforcement agency.
Nothing in this section shall require that plans or specifications be
prepared by someone other than the applicant.
114381. (a) A food facility shall not be open for business
without a valid permit.
(b) A permit shall be issued by the enforcement agency when
investigation has determined that the proposed facility and its
method of operation meets the specifications of the approved plans or
conforms to the requirements of this part.
(c) A permit, once issued, is nontransferable. A permit shall be
valid only for the person, location, type of food sales, or
distribution activity and, unless suspended or revoked for cause, for
the time period indicated.
(d) Any fee for the permit or registration or related services,
including, but not limited to, the expenses of inspecting and
impounding any utensil suspected of releasing lead or cadmium in
violation of Section 108860 as authorized by Section 114393, review
of HACCP plans, and alternative means of compliance shall be
determined by the local governing body.
(e) A permit shall be posted in a conspicuous place in the food
facility or in the office of a vending machine business.
(f) Any person requesting the enforcement agency to undertake
activity pursuant to Sections 114149.1 and 114419.3 shall pay the
enforcement agency's costs incurred in undertaking the activity. The
enforcement agency's services shall be assessed at the current hourly
cost recovery rate.
114381.1. In addition to the permit issued to each food facility
participating in a community event or swap meet, a permit shall be
obtained by the person or organization responsible for facilities
that are shared by two or more food facilities.
(a) The permit application and site plan shall be submitted to the
enforcement agency at least two weeks prior to operation of any food
facility.
(b) The site plan shall show the proposed locations of the food
facilities, restrooms, refuse containers, potable water supply
faucets, waste water disposal facilities, and all shared warewashing
and handwashing facilities.
114381.2. A permit application shall be submitted to the
enforcement agency by each temporary food facility operator that
includes all of the following:
(a) A site plan that indicates the proposed layout of equipment,
food preparation tables, food storage, warewashing, and handwashing
facilities.
(b) Details of the materials and methods used to construct the
temporary food facility.
(c) All food products that will be handled and dispensed.
(d) The proposed procedures and methods of food preparation and
handling.
(e) Procedures, methods, and schedules for cleaning utensils,
equipment, and structures, and for the disposal of refuse.
(f) How food will be transported to and from a permanent food
facility or other approved food facility and the temporary food
facility, and steps taken to prevent contamination of foods.
(g) How potentially hazardous foods will be maintained at or below
41/4F or at or above 135F.
114385. (a) For purposes of this part, supervised care facilities
shall not open for business without a valid permit or registration
with the local enforcement agency.
(b) Supervised care facilities shall obtain a valid permit and
shall be subject to the requirements of this part when food service
is provided for 15 or more persons.
(c) Supervised care facilities shall register with the local
enforcement agency when food service is provided for less than 15
persons and for all supervised care facilities that are operated in
private homes. For purposes of this part, registration shall serve as
notification to the local enforcement agency of the existence of the
facility or operation.
114387. Any person operating a food facility shall obtain all
necessary permits to conduct business, including, but not limited to,
a permit issued by the enforcement agency. In addition to the
penalties prescribed under Article 2, violators shall be subject to
closure of the facility and a penalty not to exceed three times the
cost of the permit.
Article 2. Enforcement
114390. (a) Enforcement officers shall enforce this part and all
regulations adopted pursuant to this part.
(b) (1) For purposes of enforcement, any authorized enforcement
officer may, during the facility's hours of operation and other
reasonable times, enter, inspect, issue citations to, and secure any
sample, photographs, or other evidence from a food facility or any
facility suspected of being a food facility, or a vehicle
transporting food to or from a retail food facility, when the vehicle
is stationary at an agricultural inspection station, a border
crossing, or at any food facility under the jurisdiction of the
enforcement agency, or upon the request of an incident commander.
(2) If a food facility is operating under a HACCP plan, the
enforcement officer may, for the purpose of determining compliance
with the plan, secure as evidence any documents, or copies of
documents, relating to the facility's adherence to the HACCP plan.
Inspection may, for the purpose of determining compliance with this
part, include any record, file, paper, process, HACCP plan, invoice,
or receipt bearing on whether food, equipment, or utensils are in
violation of this part.
(c) Notwithstanding subdivision (a), an employee may refuse entry
to an enforcement officer who is unable to present official
identification showing the enforcement officer's picture and
enforcement agency name. In the absence of the identification card, a
business card showing the enforcement agency's name plus a picture
identification card such as a driver's license shall meet this
requirement.
(d) It is a violation of this part for any person to refuse to
permit entry or inspection, the taking of samples or other evidence,
access to copy any record as authorized by this part, to conceal any
samples or evidence, withhold evidence concerning them, or interfere
with the performance of the duties of an enforcement officer,
including making verbal or physical threats or sexual or
discriminatory harassment.
(e) A written report of the inspection shall be made and a copy
shall be supplied or mailed to the owner, manager, or operator of the
food facility.
114391. (a) A food that is unsafe, adulterated, or not honestly
presented as specified under Section 113980 shall be discarded.
(b) Food that is not from an approved source as specified in
Section 113980 shall be discarded.
(c) Ready-to-eat food that may have been contaminated by an
employee who has been restricted or excluded as specified in Section
113951 shall be discarded.
(d) Food that is contaminated by food employees, consumers, or
other persons through contact with their hands, bodily discharges,
such as nasal or oral discharges, or other means shall be discarded.
114393. (a) Based upon inspection findings or other evidence, an
enforcement officer may impound food, equipment, or utensils that are
found to be unsanitary or in such disrepair that food, equipment, or
utensils may become contaminated or adulterated, and inspect,
impound, or inspect and impound any utensil that is suspected of
releasing lead or cadmium in violation of Section 108860. The
enforcement officer may attach a tag to the food, equipment, or
utensils that shall be removed only by the enforcement officer
following verification that the condition has been corrected.
(b) No food, equipment, or utensils impounded pursuant to
subdivision (a) shall be used unless the impoundment has been
released.
(c) Within 30 days, the enforcement agency that has impounded the
food, equipment, or utensils pursuant to subdivision (a) shall
commence proceedings to release the impounded materials or to seek
administrative or legal remedy for its disposition.
114395. Except as otherwise provided in this part, any person who
violates any provision of this part or regulation adopted pursuant
to this part is guilty of a misdemeanor. Each offense shall be
punished by a fine of not less than twenty-five dollars ($25) or more
than one thousand dollars ($1,000) or by imprisonment in the county
jail for a term not exceeding six months, or by both fine and
imprisonment.
114397. The owner, manager, or operator of any food facility is
responsible for any violation by an employee of any provision of this
part or any regulation adopted pursuant to this part. Each day the
violation occurs shall be a separate and distinct offense.
114399. A violation of any provision of this part or regulation
adopted pursuant to this part relating to facilities held in common
or shared by more than one food facility shall be deemed a violation
for which the owner, manager, or operator of each food facility is
responsible.
Article 3. Permit Suspension or Revocation
114405. (a) A permit may be suspended or revoked by a local
enforcement officer for a violation of this part. Any food facility
for which the permit has been suspended shall close and remain closed
until the permit has been reinstated. Any food facility for which
the permit has been revoked shall close and remain closed until a new
permit has been issued.
(b) Whenever a local enforcement officer finds that a food
facility is not in compliance with the requirements of this part, a
written notice to comply shall be issued to the permitholder. If the
permitholder fails to comply, the local enforcement officer shall
issue to the permitholder a notice setting forth the acts or
omissions with which the permitholder is charged, and informing him
or her of a right to a hearing, if requested, to show cause why the
permit should not be suspended or revoked. A written request for a
hearing shall be made by the permitholder within 15 calendar days
after receipt of the notice. A failure to request a hearing within 15
calendar days after receipt of the notice shall be deemed a waiver
of the right to a hearing. When circumstances warrant, the hearing
officer may order a hearing at any reasonable time within this 15-day
period to expedite the permit suspension or revocation process.
(c) The hearing shall be held within 15 calendar days of the
receipt of a request for a hearing. Upon written request of the
permitholder, the hearing officer may postpone any hearing date, if
circumstances warrant the action.
114407. The hearing officer shall issue a written
notice of decision to the permitholder within five working days
following the hearing. In the event of a suspension or revocation,
the notice shall specify the acts or omissions with which the
permitholder is charged, and shall state the terms of the suspension
or that the permit has been revoked.
114409. (a) If any imminent health hazard is found, unless the
hazard is immediately corrected, an enforcement officer may
temporarily suspend the permit and order the food facility
immediately closed.
(b) Whenever a permit is suspended as the result of an imminent
health hazard, the enforcement officer shall issue to the
permitholder a notice setting forth the acts or omissions with which
the permitholder is charged, specifying the pertinent code section,
and informing the permitholder of the right to a hearing.
(c) At any time within 15 calendar days after service of a notice
pursuant to subdivision (b), the permitholder may request in writing
a hearing before a hearing officer to show cause why the permit
suspension is not warranted. The hearing shall be held within 15
calendar days of the receipt of a request for a hearing. A failure to
request a hearing within 15 calendar days shall be deemed a waiver
of the right to a hearing.
114411. The enforcement agency may, after providing opportunity
for a hearing, modify, suspend, or revoke a permit for serious or
repeated violations of any requirement of this part or for
interference in the performance of the duty of the enforcement
officer.
114413. A permit may be reinstated or a new permit issued if the
enforcement agency determines that the conditions that prompted the
suspension or revocation no longer exist.
Article 4. Variance
114417. The department may issue a variance for only the sections
set forth in Section 113936 and Section 114056, if in the opinion of
the department, the alternative practice or procedure is equivalent
to the respective requirements of this part and the alternative
practice or procedure does not result in a health hazard.
114417.1. (a) Within 180 days after the effective date of this
part, the department shall develop the form of application that an
applicant for a variance must submit. The department may amend the
form as it deems appropriate. The application shall contain, at a
minimum, the following information:
(1) A detailed description of the requested variance, including
citation to the relevant sections specified in Section 113936.
(2) An analysis of the science-based rationale upon which the
proposed alternate practice or procedure is based, to include, if and
as appropriate, microbial challenge and process validation studies
demonstrating how potential health hazards dealt with in those
sections that are relevant to the requested variance will be
addressed.
(3) A description of the specific procedures, processes,
monitoring steps, and other relevant protocols that will be
implemented pursuant to the variance to address potential health
hazards dealt with in those sections specified in Section 113936 that
are relevant to the requested variance.
(4) A HACCP plan, if required pursuant to Section 114430, that
includes all applicable information relevant to the requested
variance.
(b) An application for a variance shall be submitted to the
department, and must be accompanied at the time of submission by the
fees specified in subdivision (c).
(c) Each application for a variance shall be accompanied at the
time of submission by payment of fees sufficient to pay the necessary
costs of the department as specified in Section 113717. Any
overpayment by the applicant in excess of the recovery rate and other
costs incurred shall be repaid to the applicant within 30 calendar
days after final action is taken by the department on the
application.
114417.2. (a) Upon receipt of an application for a variance, the
department shall determine whether the application is substantially
complete and in compliance with Section 114417.1. Within 45 calendar
days after submission of a complete application that complies with
Section 114417.1, the department shall determine whether the
alternate practice or procedure described in the application is
satisfactory and at least the equivalent of the requirements of this
part relating to preventing a health hazard.
(b) In the event that the department grants the variance, it shall
issue to the applicant a variance letter that shall include, but not
be limited to, the information specified in Section 114417.3.
(c) The department shall transmit a copy of its variance letter to
all local enforcement agencies, and post the variance letter on the
department's Internet Web site.
114417.3. Each variance letter shall include, have attached to
it, or reference each of the following:
(a) The information specified in Section 114417.1. That
information may be presented verbatim, in summary form, or by means
of attachment.
(b) Detailed findings by the department as to the nature and
extent of the potential hazards, if any, that might be implicated
with respect to the requirements specified in this part, and the
manner in which the alternate practice or procedure specified in the
variance will address those hazards.
(c) The specifics of any operating restrictions or requirements
upon which the granting of the variance is conditioned.
(d) If appropriate, the particular events, locations, and
operations for which the variance is granted.
114417.4. A variance letter shall be valid solely with respect to
those particular types of food facilities, events, locations, and
operations expressly set forth and only on the specific terms and
conditions upon which the variance is granted. A variance granted by
the department shall be binding on every local enforcement agency.
114417.5. The permitholder shall retain a copy of the variance
letter on file at the food facility at all times and shall make it
available for inspection by the enforcement officer.
114417.6. If the department grants a variance, or if a HACCP plan
is required pursuant to Section 114430, the permitholder shall do
both of the following:
(a) Comply with the HACCP plan and procedures that are submitted
as specified in Section 114430.2 and approved as a condition for the
granting of the variance.
(b) Maintain and provide to the enforcement agency, upon request,
records specified under a HACCP plan, or otherwise pursuant to the
variance letter, that demonstrate that the following are routinely
employed:
(1) Procedures for monitoring critical control points.
(2) Monitoring of the critical control points.
(3) Verification of the effectiveness of an operation or process.
(4) Necessary corrective actions if there is a failure at a
critical control point.
114417.7. (a) The department may suspend or revoke a variance if
either of the following occurs:
(1) The department determines that the variance poses a hazard due
to changes in scientific knowledge or the nature and extent of any
hazard that might result.
(2) There is a finding that the food facility is not complying
with specific terms and conditions pursuant to which the variance was
granted.
(b) The department may suspend or revoke a variance upon the
grounds specified in this section only after giving the permitholder
written notice of the proposed suspension or revocation, which shall
include the specific reasons why the variance is proposed to be
suspended or revoked. The permitholder shall be given an opportunity
to be heard, in person, in writing, or through a representative, at
least 24 hours before the variance can be suspended or revoked.
Article 5. HACCP Exemptions
114419. (a) Food facilities may engage in any of the following
activities only pursuant to a HACCP plan as specified in Section
114419.1:
(1) Acidification of potentially hazardous foods to prevent
bacterial growth.
(2) Packing potentially hazardous foods in reduced oxygen
packaging for a period that exceeds 10 days.
(3) Storing partially cooked meals in sealed containers at
temperatures above 0*F for a period that exceeds 10 days.
(4) Preserving foods by smoking, curing, adding components such as
vinegar, or using food additives.
(5) Brewing alcoholic beverages.
(6) Custom processing animals that are for personal use as food
and not for sale or service in a food facility.
(7) Preparing food by another method that is determined by the
enforcement agency to require a HACCP plan.
(b) Food facilities may engage in the following only pursuant to a
HACCP plan that has been approved by the department:
(1) Using acidification or water activity to prevent the growth of
clostridium botulinum.
(2) Using molluscan shellfish life support system display tanks to
store and display shellfish that are offered for human consumption.
114419.1. For a food facility that is required under Section
114419 to have a HACCP plan, the plan and specifications shall
indicate all of the following:
(a) A flow diagram of the specific food for which the HACCP plan
is requested, identifying critical control points and providing
information on the following:
(1) Ingredients, materials, and equipment used in the preparation
of that food.
(2) Formulations or recipes that delineate methods and procedural
control measures that address the food safety concerns involved.
(b) A food employee and supervisory training plan that addresses
the food safety issues of concern.
(c) A statement of standard operating procedures for the plan
under consideration including clearly identifying the following:
(1) Each critical control point.
(2) The critical limits for each critical control point.
(3) The method and frequency for monitoring and controlling each
critical control point by the food employee designated by the person
in charge.
(4) The method and frequency for the person in charge to routinely
verify that the food employee is following standard operating
procedures and monitoring critical control points.
(5) Action to be taken by the person in charge if the critical
limits for each critical control point are not met.
(6) Records to be maintained by the person in charge to
demonstrate that the HACCP plan is properly operated and managed.
(d) Additional scientific data or other information, as required
by the department, supporting the determination that food safety is
not compromised by the proposal.
114419.2. (a) Applicable HACCP training shall be provided and
documented for food employees who work in the preparation of food for
which a HACCP plan has been implemented. Training given to food
employees shall be documented as to date, trainer, and subject.
(b) Verification of critical limits specified in a HACCP plan
shall be conducted by a laboratory approved by the department prior
to implementation of the HACCP plan. Documentation of laboratory
verification shall be maintained with the HACCP plan for the duration
of its implementation.
(c) No verification of the effectiveness of a critical limit shall
be required if the critical limits used in the HACCP plan do not
differ from the critical limits set forth in this part.
(d) The person operating a food facility pursuant to a HACCP plan
shall designate at least one person to be responsible for
verification of the HACCP plan. Training for the designated person
shall include the seven principles of HACCP and the contents of the
HACCP plan as described in Section 114419.1. HACCP training records
of the designated person shall be retained for the duration of
employment, or a period of not less than two years, whichever is
greater.
(e) Critical limit monitoring equipment shall be suitable for its
intended purpose and shall be calibrated as specified by its
manufacturer. The food facility shall maintain all calibration
records for a period not less than two years.
114419.3. (a) Except as specified in Section 114419, nothing in
this section shall be deemed to require the enforcement agency to
review or approve a HACCP plan.
(b) The enforcement agency shall collect fees sufficient only to
cover the costs for review, inspections, and any laboratory samples
taken.
(c) A HACCP plan may be disapproved if it does not comply with
HACCP principles.
(d) The enforcement agency may suspend or revoke its approval of a
HACCP plan without prior notice if the agency finds any of the
following:
(1) The plan poses a public health risk due to changes in
scientific knowledge or the hazards present.
(2) The food facility does not have the ability to follow its
HACCP plan.
(3) The food facility does not consistently follow its HACCP plan.
(e) 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.
(f) The hearing shall be held within 15 working days of the
receipt of a request for a hearing. Upon written request of the
permitholder, the hearing officer may postpone any hearing date, if
circumstances warrant that action.
(g) 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.
114421. (a) Each food facility that identifies a trade secret
shall provide in writing to the enforcement agency the information
they consider to be a trade secret.
(b) The enforcement agency shall treat as confidential, to the
extent allowed by law, information that meets the criteria specified
in law for a trade secret and is contained on inspection report forms
and in the plans and specifications submitted as specified under
Section 114419.1.
114423. A microbial challenge study may be submitted to the
enforcement agency for review for purposes of verifying that a food
does not constitute a potentially hazardous food.
Article 6. Exemptions
114425. Raw duck that otherwise would be readily perishable shall
be exempt from Section 113996 for a period not to exceed two hours,
if the duck will subsequently be cooked at or above a temperature of
350*F for at least 60 minutes.
(a) Whole Chinese-style roast duck shall be exempt from Section
113996 for a period not to exceed four hours after the duck is
prepared, if the methods used to prepare the food inhibit the growth
of microorganisms that can cause food infections or food
intoxications. Nothing in this section shall be construed to
supersede any provisions of this part, except the provisions
specified in this section.
(b) For the purposes of this section, "Chinese-style roast duck"
shall include, but not be limited to, Chinese-style barbecue duck,
dry hung duck, and Peking duck. "Chinese-style roast duck" means duck
which is prepared as follows:
(1) The abdominal cavity is cleaned.
(2) The duck is marinated.
(3) The cavity is closed prior to cooking.
(4) The duck is roasted at a temperature of 350*F or more for at
least 60 minutes.
114427. The Mercado La Paloma, located at 3655 South Grand Avenue
in Los Angeles, operated by Esperanza Community Housing Corporation,
which is a public market open only on one side that meets the
following criteria, shall be exempt from Section 114266:
(a) All facilities inside the Mercado La Paloma have overhead
protection that extends over all food items.
(b) All facilities inside the Mercado La Paloma are enclosed on at
least two sides.
(c) All facilities inside the Mercado La Paloma are under the
constant and complete control of the operator.
(d) During periods of inoperation, food, utensils, and related
items shall be stored so as to be adequately protected at all times
from contamination, exposure to the elements, ingress of vermin, and
temperature abuse.
(e) During all hours of operation, air curtains shall be in
operation over all unclosed door openings to the outside to exclude
flying pests.
114429. (a) Notwithstanding Sections 113996 and 114343 and if
permitted by federal law, a food facility may sell Korean rice cakes
that have been at room temperature for no more than 24 hours.
(b) At the end of the operating day, Korean rice cakes that have
been at room temperature for no more than 24 hours shall be destroyed
in a manner approved by the enforcement agency.
(c) For purposes of this section, a "Korean rice cake" is defined
as a confection that contains rice powder, salt, sugar, various
edible seeds, oil, dried beans, nuts, dried fruits, and dried
pumpkin. The ingredient shall not include any animal fats or any
other products derived from animals.
(d) All manufacturers of Korean rice cakes shall place a label on
the Korean rice cake as prescribed by Section 111223.
Article 7. Food Facility Food Donations
114432. Any food facility may donate food to a food bank or to
any other nonprofit charitable organization for distribution to
persons free of charge.
114433. No food facility that donates food as permitted by
Section 114432 shall be subject to civil or criminal liability or
penalty for violation of any laws, regulations, or ordinances
regulating the labeling or packaging of the donated product or, with
respect to any other laws, regulations, or ordinances, for a
violation occurring after the time of the donation.
114434. The immunities provided in Section 114433 and by Section
1714.25 of the Civil Code are in addition to any other immunities
provided by law, including those provided by Chapter 5 (commencing
with Section 58501) of Part 1 of Division 21 of the Food and
Agricultural Code.
Article 8. Child Day Care Facilities, Community Care
Facilities, and Residential Care Facilities for the Elderly
114435. For purposes of this article, the following definitions
shall apply:
(a) "Child day care facilities" shall have the same meaning as
defined in Section 1596.750.
(b) "Community care facilities" shall have the same meaning as
defined in Section 1502.
(c) "Residential care facilities for the elderly" shall have the
same meaning as defined in Section 1569.2.
114436. Child day care facilities, community care facilities, and
residential care facilities for the elderly shall not be deemed to
be either food establishments or food facilities, and, therefore,
shall be exempt from this part.
114437. (a) If and when adequate funding is made available, the
State Department of Social Services shall develop new regulations
regarding food preparation provisions for child day care facilities,
community care facilities, and residential care facilities for the
elderly that would carry out the intent of this part to ensure the
health and safety of individuals and that would not adversely affect
those facilities that are safely operated. In developing proposed
food preparation provisions for child day care facilities, the State
Department of Social Services shall consult with the State Department
of Education.
(b) When enforcing this part for child day care facilities,
community care facilities, and residential care facilities for the
elderly, the State Department of Social Services shall refer repeat
and major violations to the appropriate state or local enforcement
agency.
SEC. 3. Any provisions of this act that impose additional duties
upon the State Department of Health Services shall be implemented
only if and when adequate funding is made available to the
department.
SEC. 4. The provisions of this act shall become operative on
January 1, 2007.
SEC. 3. SEC. 5. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution for certain costs that may be incurred by
a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.