BILL NUMBER: AB 2432	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2010

INTRODUCED BY   Assembly Member John A. Perez

                        FEBRUARY 19, 2010

   An act to amend Section 114276 of the Health and Safety Code,
relating to food facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2432, as amended, John A. Perez. Food facilities: toilet
facilities.
   Existing law, the California Retail Food Code, requires permanent
food facilities to provide clean toilet facilities for consumers,
guests, or invitees when there is onsite consumption of foods or,
with a specified exception, when the food facility was constructed
after July 1, 1984, and has more than 20,000 square feet of floor
space. The code requires a building subject to this requirement to
provide at least one separate toilet facility for men and one
separate toilet facility for women.
   This bill would, for purposes of the above-described separate
toilet facility requirement, exclude from the calculation of the
20,000 square feet of floor space any area where nonfood-related
items are made available for retail sale  that comprises
  and any area that is   used only for the
retail sale of prepackaged, nonpotentially hazardous food if these
areas comprise  more than 10,000 square feet.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 114276 of the Health and Safety Code is amended
to read:
   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 consumers, 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 consumers, guests, or invitees shall be in a
location where consumers, 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.
   (5) For purposes of paragraph (3), the area where nonfood-related
items are made available for retail sale  and the area that is
used only   for the retail sale of prepackaged,
nonpotentially hazardous food  shall not be considered in
determining the square footage of floor space of the food facility
 when this area comprises   if these areas
comprise  more than 10,000 square feet.
   (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 consumers, 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 consumers, 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.