California Legislature—2013–14 Regular Session

Assembly BillNo. 1252


Introduced by Committee on Health (Pan (Chair), Logue (Vice Chair), Ammiano, Chesbro, Gomez, Lowenthal, Mitchell, Nazarian, Nestande, Wieckowski, and Wilk)

February 22, 2013


An act to amend Sections 113818, 113903, 113949.2, 113953.3, 113973, 114047, 114099.7, 114268, 114271, 114294, 114295, 114315, 114325, and 114335 of, and to add Sections 113806 and 113975 to, the Health and Safety Code, relating to food safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 1252, as introduced, Committee on Health. Retail food safety.

(1) Existing law, the California Retail Food Code, reestablishes uniform health and sanitation standards for retail food facilities, including mobile food facilities and temporary food facilities, by the State Department of Public Health. Existing law provides that local health agencies are primarily responsible for enforcing these provisions. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.

(2) The code requires that all employees of food facilities thoroughly wash their hands before engaging in food preparation and before donning gloves for working with food. The code requires that employees wear gloves when contacting food and food-contact surfaces under certain conditions, including when they have cuts, sores, or rashes. The code also requires owners of food facilities and others, as specified, to require food employees to report to the person in charge if a food employee has a lesion or wound that is open or draining, as specified, unless the lesion is covered or protected.

This bill would, among other things, revise the code to require handwashing when changing gloves, except as specified, and that employees wear single-use gloves, as specified, when contacting food and food-contact surfaces under the conditions described above. The bill would prohibit an employee who has a wound, as specified, that is open and draining from handling food, unless the wound is covered, as specified. The bill would make conforming changes to the reporting requirement described above.

(3) The code requires that a food facility be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility.

This bill would require that the toilet and handwashing facility also be nonresidential.

(4) The code requires that a mobile food facility have a water heater with a minimum capacity of 3 gallons, except as specified.

This bill would increase the required minimum amount of capacity for a water heater on a mobile food facility to 4 gallons, or, if the facility only utilizes the water for handwashing purposes, require only 12 gallon, except as specified. The bill would make other changes relating to mobile food facilities.

(5) The code requires a food facility to prevent the entrance and harborage of animals and prohibits a food employee from caring for or handling animals that may be present. The code permits a food employee with a service animal to handle or care for the service animal if the employee washes his or her hands as required. The code defines a service animal to mean a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.

This bill would revise the definition of a “service animal” for purposes of the code to mean a dog that is individually trained to do work or perform tasks for the benefit of, and directly related to, an individual with a disability. The definition would specifically exclude other species of animals, as specified.

The bill would also define a “hot dog” for purposes of the code and would make a clarifying change to the definition of “limited food preparation.”

(6) By revising the standards that must be enforced by local health agencies and by expanding the scope of existing crimes, the bill would impose a state-mandated local program.

(7) 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:

P3    1

SECTION 1.  

Section 113806 is added to the Health and Safety
2Code
, to read:

3

113806.  

“Hot dog” means a whole, cured, cooked sausage that
4is skinless or stuffed in a casing, that may be known as a
5frankfurter, frank, furter, wiener, red hot, vienna, bologna, garlic
6bologna, or knockwurst, and that may be served in a bun or roll.

7

SEC. 2.  

Section 113818 of the Health and Safety Code is
8amended to read:

9

113818.  

(a) “Limited food preparation” means food preparation
10that is restricted to one or more of the following:

11(1) Heating, frying, baking, roasting, popping, shaving of ice,
12blending, steaming or boiling of hot dogs, or assembly of
13nonprepackaged food.

14(2) Dispensing and portioning of nonpotentially hazardous food.

15(3) Holding, portioning, and dispensing of any foods that are
16prepared for satellite food service by the onsite permanent food
17facility or prepackaged by another approved source.

18(4) Slicing and chopping of food on a heated cooking surface
19during the cooking process.

20(5) Cooking and seasoning to order.

21(6) Preparing beverages that are for immediate service, in
22response to an individual consumer order, that do not contain
23frozen milk products.

24(b) “Limited food preparation” does not include any of the
25following:

P4    1(1) Slicing and chopping unless it is on the heated cooking
2surface.

3(2) Thawing.

4(3) Cooling of cooked, potentially hazardous food.

5(4) Grinding raw ingredients or potentially hazardous food.

6(5) Reheating of potentially hazardous foods for hot holding,
7except for steamed or boiled hot dogs and tamales in the original,
8inedible wrapper.

9(6)  begin deleteHot end delete begin insertExcept as authorized in paragraph (3) of subdivision
10(a), hot end insert
holding of nonprepackaged, potentially hazardous food,
11except for roasting corn on the cobbegin delete roasting corn on the cobend delete,
12steamed or boiled hot dogs, and tamales in the original, inedible
13wrapper.

14(7) Washing of foods.

15(8) Cooking of potentially hazardous foods for later use.

16

SEC. 3.  

Section 113903 of the Health and Safety Code is
17amended to read:

18

113903.  

begin insert(a)end insertbegin insertend insert “Service animal” meansbegin delete an animal such as a guide
19dog, signal dog, or other animal individually trained to provide
20assistance to an individual with a disabilityend delete
begin insert any dog that is
21individually trained to do work or perform tasks for the benefit of
22an individual with a disability, including a physical, sensory,
23psychiatric, intellectual, or other mental disability. “Service
24animal” does not include any other species of animals, whether
25wild or domestic, trained or untrainedend insert
.

begin insert

26(b) The work or tasks performed by a service animal shall be
27directly related to the individual’s disability. Examples of work or
28tasks include, but are not limited to, assisting individuals who are
29blind or have low vision with navigation and other tasks, alerting
30individuals who are deaf or hard of hearing to the presence of
31people or sounds, providing nonviolent protection or rescue work,
32pulling a wheelchair, assisting an individual during a seizure,
33alerting individuals to the presence of allergens, retrieving items
34such as medicine or the telephone, providing physical support and
35assistance with balance and stability to individuals with mobility
36disabilities, and helping persons with psychiatric and neurological
37disabilities by preventing or interrupting impulsive or destructive
38behaviors. The crime deterrent effects of an animal’s presence
39and the provision of emotional support, well-being, comfort, or
P5    1companionship do not constitute work or tasks for the purposes
2of this subdivision.

end insert
3

SEC. 4.  

Section 113949.2 of the Health and Safety Code is
4amended to read:

5

113949.2.  

The owner who has a food safety certificate issued
6pursuant to Section 113947.1 or the food employee who has this
7food safety certificate shall instruct all food employees regarding
8the relationship between personal hygiene and food safety,
9including the association of hand contact, personal habits and
10behaviors, and food employee health to foodborne illness. The
11owner or food safety certified employee shall require food
12employees to report the following to the person in charge:

13(a) If a food employee is diagnosed with an illness due to one
14of the following:

15(1) Salmonella typhi.

16(2) Salmonella spp.

17(3) Shigella spp.

18(4) Entamoeba histolytica.

19(5) Enterohemorrhagic or shiga toxin producing Escherichia
20coli.

21(6) Hepatitis A virus.

22(7) Norovirus.

23(b) If a food employee has abegin delete lesion orend delete wound that isbegin delete open or
24draining and isend delete
one of the following:

25(1) On the hands or wrists, unless an impermeable cover such
26as a finger cot or stall protects thebegin delete lesionend deletebegin insert woundend insert and a single-use
27glove is worn over the impermeable cover.

28(2) On exposed portions of the arms, unless thebegin delete lesionend deletebegin insert woundend insert
29 is protected by an impermeable cover.

30(3) On other parts of the body, unless thebegin delete lesionend deletebegin insert woundend insert is
31covered by a dry, durable, tight-fitting bandage.

32

SEC. 5.  

Section 113953.3 of the Health and Safety Code is
33amended to read:

34

113953.3.  

(a) Except as specified in subdivision (b), all
35employees shall thoroughly wash their hands and that portion, if
36any, of their arms exposed to direct food contact with cleanser and
37warm water by vigorously rubbing together the surfaces of their
38lathered hands and arms for at least 10 to 15 seconds and
39thoroughly rinsing with clean running water followed by drying
40of cleaned hands and that portion, if any, of their arms exposed.
P6    1Employees shall pay particular attention to the areas underneath
2the fingernails and between the fingers. Employees shall wash
3their hands in all of the following instances:

4(1) Immediately before engaging in food preparation, including
5working with nonprepackaged food, clean equipment and utensils,
6 and unwrapped single-use food containers and utensils.

7(2) After touching bare human body parts other than clean hands
8and clean, exposed portions of arms.

9(3) After using the toilet room.

10(4) After caring for or handling any animal allowed in a food
11facility pursuant to this part.

12(5) After coughing, sneezing, using a handkerchief or disposable
13tissue, using tobacco, eating, or drinking.

14(6) After handling soiled equipment or utensils.

15(7) During food preparation, as often as necessary to remove
16soil and contamination and to prevent cross-contamination when
17changing tasks.

18(8) When switching between working with raw food and
19working with ready-to-eat food.

20(9) Beforebegin insert initiallyend insert donning gloves for working with foodbegin insert and
21when changing gloves as required in Section 113973. Handwashing
22is not required between glove changes when no contamination of
23the gloves or hands has occurredend insert
.

24(10) Before dispensing or serving food or handling clean
25tableware and serving utensils in the food service area.

26(11) After engaging in other activities that contaminate the
27hands.

28(b) If approved and capable of removing the types of soils
29encountered in the food operations involved, an automatic
30handwashing facility may be used by food employees to clean
31their hands.

32

SEC. 6.  

Section 113973 of the Health and Safety Code is
33amended to read:

34

113973.  

(a) begin deleteGloves end deletebegin insertSingle-use gloves end insertshall be worn when
35contacting food and food-contact surfaces if the employee has any
36cuts, sores, rashes, artificial nails, nail polish, rings (other than a
37plain ring, such as a wedding band), uncleanable orthopedic support
38devices, or fingernails that are not clean, smooth, or neatly
39trimmed.

P7    1(b) Whenever gloves are worn, they shall be changed, replaced,
2or washed as often as handwashing is required by this part.
3begin insert Single-use gloves shall not be washed.end insert

4(c) If used, single-use gloves shall be used for only one task,
5such as working with ready-to-eat food or with raw food of animal
6origin, used for no other purpose, and shall be discarded when
7damaged or soiled, or when interruptions in the food handling
8occur.

9(d) Except as specified in subdivision (e), slash-resistant gloves
10that are used to protect the hands during operations requiring
11cutting shall be used only with food that is subsequently cooked
12as specified in Section 114004, such as frozen food or a primal
13cut of meat.

14(e) Slash-resistant gloves may be used with ready-to-eat food
15that will not be subsequently cooked if the slash-resistant gloves
16have a smooth, durable, and nonabsorbent outer surface or if the
17slash-resistant gloves are covered with a smooth, durable,
18nonabsorbent glove, or a single-use glove.

19(f) Cloth gloves may not be used in direct contact with food
20unless the food is subsequently cooked.

21

SEC. 7.  

Section 113975 is added to the Health and Safety Code,
22to read:

23

113975.  

(a) Except as provided in subdivision (b), an employee
24who has a wound that is open or draining shall not handle food.

25(b) A food employee who has a wound is restricted from food
26handling unless the food employee complies with all of the
27following:

28(1) If the wound is located on the hand or wrist, an impermeable
29cover, such as a finger cot or stall, shall protect the wound. A
30single-use glove shall be worn over the impermeable cover.

31(2) If the wound is located on exposed portions of the arms, an
32impermeable cover shall protect the wound.

33(3) If the wound is located on other parts of the body, a dry,
34durable, tight-fitting bandage shall cover the wound.

35(4) For purposes of this section, a wound also includes a cut,
36sore, rash, or lesion.

37

SEC. 8.  

Section 114047 of the Health and Safety Code is
38amended to read:

39

114047.  

(a) Adequate and suitable space shall be provided for
40the storage of food.

P8    1(b) Except as specified in subdivisions (c)begin delete andend deletebegin insert,end insert (d),begin insert and (e),end insert food
2shall be protected from contamination by storing the food in a
3clean, dry location, where it is not exposed to splash, dust, vermin,
4or other forms of contamination or adulteration, and at least six
5inches above the floor.

6(c) Food in packages and working containers may be stored less
7than six inches above the floor on case lot handling equipment as
8specified under Section 114165.

9(d) Pressurized beverage containers, cased food in waterproof
10containers such as bottles or cans, and milk containers in plastic
11crates may be stored on a floor that is clean and not exposed to
12moisture.

begin insert

13(e) Temporary alternate food storage methods and locations
14may be approved by the local enforcement agency.

end insert
15

SEC. 9.  

Section 114099.7 of the Health and Safety Code is
16amended to read:

17

114099.7.  

Mechanical sanitization shall be accomplished in
18the final sanitizing rinse by one of the following:

19(a) By being cycled through equipment that is used in
20accordance with the manufacturer’s specifications and achieving
21a utensil surface temperature of 160ºF as measured by an
22irreversible registering temperature indicator.

23(b) The mechanical application of sanitizing chemicals by
24pressure spraying methods using one of the following solutions:

25(1) Contact with a solution of 50 ppm available chlorine for at
26least 30 seconds.

27(2) Contact with a solution of 25 ppm available iodine for at
28least one minute.

29(3) Contact with any chemical sanitizer that meets the
30requirements of Section 180.940 of Title 40 of the Code of Federal
31Regulations when used in accordance with the following:

32(A) The sanitizer manufacturer’s use directions as specified on
33the product label.

34(B) The machine manufacturer’s specifications as provided in
35the manufacturer’s operating instructions.

begin insert

36(c) After being cleaned and sanitized, equipment and utensils
37shall not be rinsed before air drying or use unless:

end insert
begin insert

38(1) The rinse is applied directly from a potable water supply by
39a warewashing machine that meets the requirements of subdivision
P9    1(b) of Section 114130 and is maintained and operated in
2accordance with the manufacturer’s specifications.

end insert
begin insert

3(2) The rinse is applied only after the equipment and utensils
4have been sanitized by the application of hot water or by the
5application of a chemical sanitizer solution whose United States
6Environmental Protection Agency-registered, label use instructions
7require rinsing off the sanitizer after it is applied in an approved
8commercial warewashing machine.

end insert
9

SEC. 10.  

Section 114268 of the Health and Safety Code is
10amended to read:

11

114268.  

(a) Except in sales areas and as otherwise specified
12in subdivision (d), the floor surfaces in all areas in which food is
13prepared, prepackaged, or stored, where any utensil is washed,
14where refuse or garbage is stored, where janitorial facilities are
15located in all toilet and handwashing areas, except with respect to
16areas relating to guestroom accommodations and the private
17accommodations of owners and operators in restricted food service
18facilities,begin delete and in employee change and storage areasend delete shall be
19smooth and of durable construction and nonabsorbent material
20that is easily cleanable.

21(b) Floor surfaces shall be coved at the juncture of the floor and
22wall with a 38 inch minimum radius coving and shall extend up
23the wall at least 4 inches, except in areas where food is stored only
24in unopened bottles, cans, cartons, sacks, or other original shipping
25containers.

26(c)  Public or private schools constructed or remodeled after the
27effective date of this part shall comply with subdivision (b). Public
28and private schools constructed before the effective date of this
29part need not comply with subdivision (b), provided that the
30existing floor surfaces are maintained in good repair and in a
31sanitary condition.

32(d) Except for dining and serving areas, the use of sawdust,
33wood shavings, peanut hulls, or similar materials is prohibited.

34(e) This section shall not prohibit the use of approved
35dust-arresting floor sweeping and cleaning compounds during floor
36cleaning operations or the use of antislip floor finishes or materials
37in areas where necessary for safety reasons.

38

SEC. 11.  

Section 114271 of the Health and Safety Code is
39amended to read:

P10   1

114271.  

(a) Except as provided in subdivision (b), the walls
2and ceilings of all rooms shall be of a durable, smooth,
3nonabsorbent, and easily cleanable surface.

4(b) This section shall not apply to any of the following areas:

5(1) Walls and ceilings of bar areas in which alcoholic beverages
6are sold or served directly to the consumers, except wall areas
7adjacent to bar sinks and areas where food is prepared.

8(2) Areas where food is stored only in unopened bottles, cans,
9cartons, sacks, or other original shipping containers.

10(3) Dining and sales areas.

11(4) Offices.

12(5) Restrooms that are used exclusively by the consumers, except
13that the walls and ceilings in the restrooms shall be of a
14nonabsorbent and washable surface.

begin insert

15(6) Dressing rooms, dressing areas, or locker areas.

end insert

16(c) Acoustical paneling may be utilized if it is installed not less
17than six feet above the floor. The paneling shall meet the other
18requirements of this section.

19(d) Conduits of all types shall be installed within walls as
20practicable. When otherwise installed, they shall be mounted or
21enclosed so as to facilitate cleaning.

22(e) Attachments to walls and ceilings, such as light fixtures,
23mechanical room ventilation system components, vent covers, wall
24mounted fans, decorative items, and other attachments, shall be
25easily cleanable.

26

SEC. 12.  

Section 114294 of the Health and Safety Code is
27amended to read:

28

114294.  

(a) All mobile food facilities and mobile support units
29shall meet the applicable requirements inbegin delete Chapters 1 to 8end deletebegin insert Chapter
301 (commencing with Section 113700) to Chapter 8 (commencing
31with Section 114250)end insert
, inclusive,begin delete andend delete Chapterbegin delete 13end deletebegin insert 12.6 (commencing
32with Section 114377), and Chapter 13 (commencing with Section
33114380)end insert
, unless specifically exempted from any of these provisions
34as provided in this chapter.

35(b) The enforcement agency shall initially approve all mobile
36food facilities and mobile support units as complying with the
37provisions of this chapter and may require reapproval if deemed
38necessary.

39(c) Each mobile food facility that is either a special purpose
40commercial modular and coach as defined by Section 18012.5 or
P11   1a commercial modular coach as defined by Section 18001.8 shall
2be certified by the Department of Housing and Community
3Development, consistent with Chapter 4 (commencing with Section
418025) of Part 2 of Division 13, and regulations promulgated
5pursuant to that chapter. In addition, the enforcement agency shall
6approve all equipment installation prior to operation.

7

SEC. 13.  

Section 114295 of the Health and Safety Code is
8amended to read:

9

114295.  

(a) Except as specified in subdivision (b), all mobile
10food facilities shall operate in conjunction with a commissary,
11mobile support unit, or other facility approved by the enforcement
12agency.

13(b) This section does not apply to mobile food facilities that
14operate at community events as defined in Section 113755 and
15that remain in a fixed position during food preparation and its
16hours of operationbegin insert, if potable water and liquid waste disposal
17facilities are available to mobile food facilities requiring potable
18waterend insert
.

19(c) Mobile food facilities shall be stored at or within a
20commissary or other location approved by the enforcement agency
21in order to have protection from unsanitary conditions.

22(d) Mobile support units shall be operated from and stored at a
23designated commissary and shall be subject to permitting and plan
24review.

25(e) Notwithstanding any other provisions of this section, a
26mobile food facility that is engaged in food preparation, other than
27limited food preparation, as defined in Section 113818, shall not
28operate in conjunction with a mobile support unit.

29

SEC. 14.  

Section 114315 of the Health and Safety Code is
30amended to read:

31

114315.  

(a) A food facility shall be operated within 200 feet
32travel distance of an approvedbegin insert nonresidentialend insert and readily available
33toilet and handwashing facility, or as otherwise approved by the
34enforcement agency, to ensure that restroom facilities are available
35to facility employees whenever the mobile food facility is stopped
36to conduct business for more than a one-hour period.

37(b) This section does not limit the authority of a local governing
38body to adopt, by ordinance or resolution, additional requirements
39for the public safety, including reasonable time, place, and manner
P12   1restrictions pursuant to its authority under subdivision (b) of
2Section 22455 of the Vehicle Code.

3

SEC. 15.  

Section 114325 of the Health and Safety Code is
4amended to read:

5

114325.  

(a) Except on a mobile food facility that only utilizes
6the water for handwashing purposes, a water heater or an
7instantaneous heater capable of heating water to a minimum of
8120ºF, interconnected with a potable water supply, shall be
9provided and shall operate independently of the vehicle engine.
10On a mobile food facility that only utilizes the water for
11handwashing purposes, abegin insert minimum one-half gallonend insertbegin insert-capacityend insert water
12heater or an instantaneous water heater capable of heating water
13to a minimum of 100°F, interconnected with a potable water
14supply, shall be provided and shall operate independently of the
15vehicle engine.

16(b) begin delete(1)end deletebegin deleteend deletebegin deleteExcept as specified in paragraph (2), a end deletebegin insertA end insertwater heater
17with a minimum capacity ofbegin delete threeend deletebegin insert fourend insert gallons shall be provided
18for mobile food facilitiesbegin insert that have a warewashing sinkend insert.

begin delete

19(2) A minimum water heater capacity of one-half gallon shall
20be provided for mobile food facilities approved for limited food
21preparation.

end delete
begin insert

22(c) A mobile food facility equipped with a three-gallon-capacity
23water heater that is in compliance with this section on January 1,
242014, is in compliance with this section after that date.

end insert
25

SEC. 16.  

Section 114335 of the Health and Safety Code is
26amended to read:

27

114335.  

(a) Temporary food facilities that operate at a swap
28meet are limited to only prepackaged nonpotentially hazardous
29food and whole uncut produce, and shall meet the applicable
30requirements inbegin delete Chapters 1 to 8end deletebegin insert Chapter 1 (commencing with
31Section 113700) to Chapter 8 (commencing with Section 114250)end insert
,
32inclusive,begin delete andend delete Chapterbegin delete 13end deletebegin insert 12.6 (commencing with Section 114377),
33and Chapter 13 (commencing with Section 114380)end insert
, unless
34specifically exempted from any of these provisions.

35(b) Temporary food facilities that operate at a community event
36shall meet the applicable requirements inbegin delete Chapters 1 to 8end deletebegin insert Chapter
371 (commencing with Section 113700) to Chapter 8 (commencing
38with Section 114250)end insert
, inclusive,begin delete andend delete Chapterbegin delete 13end deletebegin insert 12.6 (commencing
39with Section 114377), and Chapter 13 (commencing with Section
40114380)end insert
, unless specifically exempted from any of these provisions.

P13   1(c) Food facility requirements shall be determined by the
2enforcement agency based on the food service activity to be
3conducted, the type of food that is to be prepared or served, the
4length of the event, and the extent of food preparation that is to be
5conducted at a community event within a temporary food facility.

6(d) Notwithstanding subdivision (a), the enforcement agency
7may allow temporary food facilities at a swap meet, depending on
8the food service activity to be conducted, the type of food that is
9to be prepared or served, the duration of the swap meet, and the
10extent of food preparation that is to be conducted at the swap meet.

11

SEC. 17.  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution for certain
13costs that may be incurred by a local agency or school district
14because, in that regard, this act creates a new crime or infraction,
15eliminates a crime or infraction, or changes the penalty for a crime
16or infraction, within the meaning of Section 17556 of the
17Government Code, or changes the definition of a crime within the
18meaning of Section 6 of Article XIII B of the California
19Constitution.

20However, if the Commission on State Mandates determines that
21this act contains other costs mandated by the state, reimbursement
22to local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.



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