Amended in Senate June 19, 2013

Amended in Assembly April 10, 2013

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 Sectionsbegin insert 113758,end insert 113818, 113903, 113949.2, 113953.3, 113973, 114047, 114099.7, 114268, 114271, 114294, 114295,begin insert 114299,end insert114325,begin delete andend deletebegin insert 114332.2,end insert 114335begin insert, 114351, 114365, and 114365.2end insert of,begin delete andend delete to add Sections 113806 and 113975 to,begin insert and to repeal and add Section 113961 of,end insert the Health and Safety Code, relating to food safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 1252, as amended, 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.

begin insert

(2) The code requires a cottage food operation, as defined, to meet specified requirements relating to training, sanitation, preparation, labeling, and permissible types of sales. Existing law requires a “Class A” cottage food operation to register with the local enforcement agency in accordance with specified provisions. Existing law defines a “direct sale” with respect to cottage food operations as a transaction between a cottage food operation operator and a consumer, as specified.

end insert
begin insert

This bill would redefine a “direct sale” for these purposes as a transaction within the state between a cottage food operation operator and a consumer, as specified. The bill would require a “Class A” cottage food operation to renew its registration annually.

end insert
begin insert

The bill would require a cottage food operator to retain a registration or permit or an accurate copy thereof onsite at the time of either direct or indirect cottage food sale.

end insert
begin insert

The bill would also make other related changes with respect to cottage food operations.

end insert
begin delete

(2)

end delete

begin insert(3)end insert 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.

begin insert

This bill would require food employees to wash their hands in accordance with specified provisions, and would prohibit food employees from contacting exposed, ready-to-eat food with their bare hands, except under specified circumstances.

end insert
begin delete

(3)

end delete

begin insert(4)end insert 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.

begin insert

(5) The code requires that handwashing and utensil washing facilities approved by the enforcement officer be provided within nonprofit charitable temporary food facilities, except where food and beverage is prepackaged.

end insert
begin insert

This bill would authorize the local enforcement agency to allow a nonprofit charitable temporary food facility to provide an adequate supply of utensils and spare utensils when they have been properly washed and sanitized at an approved facility, under specified circumstances.

end insert
begin insert

(6) The code authorizes a warewashing sink to be shared by no more than 4 temporary food facilities that handle nonprepackaged food if the sink is centrally located and is adjacent to the sharing facilities.

end insert
begin insert

This bill would authorize the local enforcement agency to authorize up to 8 temporary food facilities to share a warewashing sink under specified circumstances, and would authorize the local enforcement agency to instead allow a temporary food facility to provide an adequate supply of utensils and spare utensils when they have been properly washed and sanitized at an approved facility, under specified circumstances.

end insert
begin delete

(4)

end delete

begin insert(7)end insert 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.”

begin delete

(5)

end delete

begin insert(8)end insert 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.

begin delete

(6)

end delete

begin insert(9)end insert 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:

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 113758 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

113758.  

(a) “Cottage food operation” means an enterprise that
4has not more than the amount in gross annual sales that is specified
5in this subdivision, is operated by a cottage food operator, and has
6not more than one full-time equivalent cottage food employee, not
7including a family member or household member of the cottage
8food operator, within the registered or permitted area of a private
9home where the cottage food operator resides and where cottage
10food products are prepared or packaged for direct, indirect, or
11direct and indirect sale to consumers pursuant to this part. In 2013,
12the enterprise shall not have more than thirty-five thousand dollar
13($35,000) in gross annual sales in the calendar year. In 2014, the
14enterprise shall not have more than forty-five thousand dollars
15($45,000) in gross annual sales in the calendar year. Commencing
16in 2015, and each subsequent year thereafter, the enterprise shall
17not have more than fifty thousand dollars ($50,000) in gross annual
18sales in the calendar year. A cottage food operation includes both
19of the following:

20(1) A “Class A” cottage food operation, which is a cottage food
21operation that may engage only in direct sales of cottage food
P5    1products from the cottage food operation or other direct sales
2venues described in paragraph (4) of subdivision (b).

3(2) A “Class B” cottage food operation, which is a cottage food
4operation that may engage in both direct sales and indirect sales
5of cottage food products from the cottage food operation, from
6direct sales venues described in paragraph (4) of subdivision (b),
7from offsite events, or from a third-party retail food facility
8described in paragraph (5) of subdivision (b).

9(b) For purposes of this section, the following definitions shall
10apply:

11(1) “Cottage food employee” means an individual, paid or
12volunteer, who is involved in the preparation, packaging, handling,
13and storage of a cottage food product, or otherwise works for the
14cottage food operation. An employee does not include an
15immediate family member or household member of the cottage
16food operator.

17(2) “Cottage food operator” means an individual who operates
18a cottage food operation in his or her private home and is the owner
19of the cottage food operation.

20(3) “Cottage food products” means nonpotentially hazardous
21foods, including foods that are described in Section 114365.5 and
22that are prepared for sale in the kitchen of a cottage food operation.

23(4) “Direct sale” means a transactionbegin insert within the stateend insert between
24a cottage food operation operator and a consumer, where the
25consumer purchases the cottage food product directly from the
26cottage food operation. Direct sales include, but are not limited
27to, transactions at holiday bazaars or other temporary events, such
28as bake sales or food swaps, transactions at farm stands, certified
29farmers’ markets, or through community-supported agriculture
30subscriptions, and transactions occurring in person in the cottage
31food operation.

32(5) “Indirect sale” means an interaction between a cottage food
33operation, a third-party retailer, and a consumer, where the
34consumer purchases cottage food products made by the cottage
35food operation from a third-party retailer that holds a valid permit
36 issued pursuant to Section 114381. Indirect sales include, but are
37not limited to, sales made to retail shops or to retail food facilities
38where food may be immediately consumed on the premises.

39(6) “Private home” means a dwelling, including an apartment
40or other leased space, where individuals reside.

P6    1(7) “Registered or permitted area” means the portion of a private
2home that contains the private home’s kitchen used for the
3preparation, packaging, storage, or handling of cottage food
4products and related ingredients or equipment, or both, and attached
5rooms within the home that are used exclusively for storage.

6

begin deleteSECTION 1.end delete
7begin insertSEC. 2.end insert  

Section 113806 is added to the Health and Safety Code,
8to read:

9

113806.  

“Hot dog” means a whole, cured, cooked sausage that
10is skinless or stuffed in a casing, that may be known as a
11frankfurter, frank, furter, wiener, red hot, vienna, bologna, garlic
12bologna, or knockwurst, and that may be served in a bun or roll.

13

begin deleteSEC. 2.end delete
14begin insertSEC. 3.end insert  

Section 113818 of the Health and Safety Code is
15amended to read:

16

113818.  

(a) “Limited food preparation” means food preparation
17that is restricted to one or more of the following:

18(1) Heating, frying, baking, roasting, popping, shaving of ice,
19blending, steaming or boiling of hot dogs, or assembly of
20nonprepackaged food.

21(2) Dispensing and portioning of nonpotentially hazardous food.

22(3) Holding, portioning, and dispensing of any foods that are
23prepared for satellite food service by the onsite permanent food
24facility or prepackaged by another approved source.

25(4) Slicing and chopping of food on a heated cooking surface
26during the cooking process.

27(5) Cooking and seasoning to order.

28(6) Preparing beverages that are for immediate service, in
29response to an individual consumer order, that do not contain
30frozen milk products.

31(b) “Limited food preparation” does not include any of the
32following:

33(1) Slicing and chopping unless it is on the heated cooking
34surface.

35(2) Thawing.

36(3) Cooling of cooked, potentially hazardous food.

37(4) Grinding raw ingredients or potentially hazardous food.

38(5) Reheating of potentially hazardous foods for hot holding,
39except for steamed or boiled hot dogs and tamales in the original,
40inedible wrapper.

P7    1(6) Except as authorized in paragraph (3) of subdivision (a), hot
2holding of nonprepackaged, potentially hazardous food, except
3for roasting corn on the cob, steamed or boiled hot dogs, and
4tamales in the original, inedible wrapper.

5(7) Washing of foods.

6(8) Cooking of potentially hazardous foods for later use.

7

begin deleteSEC. 3.end delete
8begin insertSEC. 4.end insert  

Section 113903 of the Health and Safety Code is
9amended to read:

10

113903.  

(a) “Service animal” means any dog that is
11individually trained to do work or perform tasks for the benefit of
12an individual with a disability, including a physical, sensory,
13psychiatric, intellectual, or other mental disability. “Service animal”
14does not include any other species of animals, whether wild or
15domestic, trained or untrained.

16(b) The work or tasks performed by a service animal shall be
17directly related to the individual’s disability. Examples of work
18or tasks include, but are not limited to, assisting individuals who
19are blind or have low vision with navigation and other tasks,
20alerting individuals who are deaf or hard of hearing to the presence
21of people or sounds, providing nonviolent protection or rescue
22work, pulling a wheelchair, assisting an individual during a seizure,
23alerting individuals to the presence of allergens, retrieving items
24such as medicine or the telephone, providing physical support and
25assistance with balance and stability to individuals with mobility
26disabilities, and helping persons with psychiatric and neurological
27disabilities by preventing or interrupting impulsive or destructive
28behaviors. The crime deterrent effects of an animal’s presence and
29the provision of emotional support, well-being, comfort, or
30companionship do not constitute work or tasks for the purposes
31of this subdivision.

32

begin deleteSEC. 4.end delete
33begin insertSEC. 5.end insert  

Section 113949.2 of the Health and Safety Code is
34amended to read:

35

113949.2.  

The owner who has a food safety certificate issued
36pursuant to Section 113947.1 or the food employee who has this
37food safety certificate shall instruct all food employees regarding
38the relationship between personal hygiene and food safety,
39including the association of hand contact, personal habits and
40behaviors, and food employee health to foodborne illness. The
P8    1owner or food safety certified employee shall require food
2employees to report the following to the person in charge:

3(a) If a food employee is diagnosed with an illness due to one
4of the following:

5(1) Salmonella typhi.

6(2) Salmonella spp.

7(3) Shigella spp.

8(4) Entamoeba histolytica.

9(5) Enterohemorrhagic or shiga toxin producing Escherichia
10coli.

11(6) Hepatitis A virus.

12(7) Norovirus.

13(b) If a food employee has a wound that is one of the following:

14(1) On the hands or wrists, unless an impermeable cover such
15as a finger cot or stall protects the wound and a single-use glove
16is worn over the impermeable cover.

17(2) On exposed portions of the arms, unless the wound is
18protected by an impermeable cover.

19(3) On other parts of the body, unless the wound is covered by
20a dry, durable, tight-fitting bandage.

21

begin deleteSEC. 5.end delete
22begin insertSEC. 6.end insert  

Section 113953.3 of the Health and Safety Code is
23amended to read:

24

113953.3.  

(a) Except as specified in subdivision (b), all
25employees shall thoroughly wash their hands and that portion, if
26any, of their arms exposed to direct food contact with cleanser and
27warm water by vigorously rubbing together the surfaces of their
28lathered hands and arms for at least 10 to 15 seconds and
29thoroughly rinsing with clean running water followed by drying
30of cleaned hands and that portion, if any, of their arms exposed.
31Employees shall pay particular attention to the areas underneath
32the fingernails and between the fingers. Employees shall wash
33their hands in all of the following instances:

34(1) Immediately before engaging in food preparation, including
35working with nonprepackaged food, clean equipment and utensils,
36 and unwrapped single-use food containers and utensils.

37(2) After touching bare human body parts other than clean hands
38and clean, exposed portions of arms.

39(3) After using the toilet room.

P9    1(4) After caring for or handling any animal allowed in a food
2facility pursuant to this part.

3(5) After coughing, sneezing, using a handkerchief or disposable
4tissue, using tobacco, eating, or drinking.

5(6) After handling soiled equipment or utensils.

6(7) During food preparation, as often as necessary to remove
7soil and contamination and to prevent cross-contamination when
8changing tasks.

9(8) When switching between working with raw food and
10working with ready-to-eat food.

11(9) Before initially donning gloves for working with food and
12when changing gloves as required in Section 113973. Handwashing
13is not required between glove changes when no contamination of
14the gloves or hands has occurred.

15(10) Before dispensing or serving food or handling clean
16tableware and serving utensils in the food service area.

17(11) After engaging in other activities that contaminate the
18hands.

19(b) If approved and capable of removing the types of soils
20encountered in the food operations involved, an automatic
21handwashing facility may be used by food employees to clean
22their hands.

23begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 113961 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
24repealed.end insert

begin delete
25

113961.  

(a) Food employees shall minimize bare hand and
26arm contact with nonprepackaged food that is in a ready-to-eat
27form.

28(b) Food employees shall use utensils, including scoops, forks,
29tongs, paper wrappers, gloves, or other implements, to assemble
30ready-to-eat food or to place ready-to-eat food on tableware or in
31other containers. However, food employees may assemble or place
32on tableware or in other containers ready-to-eat food in an approved
33food preparation area without using utensils if hands are cleaned
34in accordance with Section 113953.3.

35(c) Food that has been served to the consumer and then wrapped
36or prepackaged at the direction of the consumer shall be handled
37only with utensils. These utensils shall be properly sanitized before
38reuse.

end delete
39begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 113961 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
40to read:end insert

begin insert
P10   1

begin insert113961.end insert  

(a) Food employees shall wash their hands in
2accordance with the provisions established in Section 113953.3.

3(b) Except when washing fruits and vegetables, as specified in
4Section 113992 or as specified in subdivisions (e) and (f), food
5employees shall not contact exposed, ready-to-eat food with their
6bare hands and shall use suitable utensils such as deli tissue,
7spatulas, tongs, single-use gloves, or dispensing equipment.

8(c) Food employees shall minimize bare hand and arm contact
9with exposed food that is not in a ready-to-eat form.

10(d) Food that has been served to a consumer and then wrapped
11or prepackaged at the direction of the consumer, such as food
12placed in a take-home container, shall be handled only with
13utensils. These utensils shall be properly sanitized before reuse.

14(e) Subdivision (b) does not apply to a food employee who
15contacts exposed, ready-to-eat food with bare hands at the time
16the ready-to-eat food is being added as an ingredient to a food
17that meets either of the following:

18(1) Food that contains a raw animal food and is to be cooked
19in the food establishment to heat all parts of the food to the
20minimum temperatures specified in subdivisions (a) and (b) of
21Section 114004 or in Section 114008.

22(2) Food that does not contain a raw animal food but is to be
23cooked in the food establishment to heat all parts of the food to a
24temperature of at least 165 degrees Fahrenheit.

25(f) Food employees not serving a highly susceptible population
26may contact exposed, ready-to-eat food with their bare hands if
27all of the following occur:

28(1) The permitholder obtains prior approval from the regulatory
29authority.

30(2) Written procedures are maintained in the food facility and
31made available to the regulatory authority upon request, that
32include all of the following:

33(A) For each bare hand contact procedure, a listing of the
34specific ready-to-eat foods that are touched by bare hands.

35(B) Diagrams and other information showing that handwashing
36facilities that are installed, located, and maintained in accordance
37with Sections 113953, 113953.1, and 113953.2, are in an easily
38 accessible location and in close proximity to the work station where
39the bare hand contact procedure is conducted.

P11   1(3) A written employee health policy that details the manner in
2which the food facility complies with Sections 113949, 113949.1,
3113949.2, 113949.3, 113949.4, 113949.5, 113950, and 113950.5,
4including all of the following:

5(A) Documentation that food employees and conditional
6employees acknowledge that they are informed to report
7information about their health and activities as they relate to
8gastrointestinal symptoms and diseases that are transmittable
9through food as specified in Section 113949.1.

10(B) Documentation that food employees and conditional
11employees acknowledge their responsibilities as specified in
12Section 113949.4.

13(C) Documentation that the person in charge acknowledges the
14responsibilities specified in Sections 113949.5, 113950, and
15113950.5.

16(4) Documentation that food employees acknowledge that they
17have received training in all of the following:

18(A) The risks of contacting the specific ready-to-eat foods with
19bare hands.

20(B) Proper handwashing techniques and requirements, pursuant
21to subdivision (a) of Section 113953.3.

22(C) Where to wash their hands, as specified in Section 113953.1.

23(D) Proper fingernail maintenance, as specified in Section
24113968.

25(E) Prohibition of jewelry, as specified in subdivision (a) of
26Section 113973.

27(F) Good hygienic practices, as specified in Sections 113974
28and 113977.

29(5) Documentation that hands are washed before food
30preparation and as necessary to prevent cross-contamination by
31food employees, as specified in Sections 113952, 113953.1, and
32113953.3 during all hours of operation when the specific
33ready-to-eat foods are prepared.

34(6) Documentation that food employees contacting ready-to-eat
35foods with bare hands use two or more of the following control
36measures to provide additional safeguards to hazards associated
37with bare hand contact:

38(A) Double handwashing.

39(B) Nail brushes.

P12   1(C) A hand antiseptic after handwashing, as specified in Section
2113953.4.

3(D) Incentive programs such as paid sick leave that assist or
4encourage food employees not to report to work if they are ill.

5(E) Other control measures approved by the regulatory
6authority.

7(7) Documentation that corrective action is taken when the
8requirements specified in paragraphs (1) to (6), inclusive, are not
9followed.

end insert
10

begin deleteSEC. 6.end delete
11begin insertSEC. 9.end insert  

Section 113973 of the Health and Safety Code is
12amended to read:

13

113973.  

(a) Single-use gloves shall be worn when contacting
14food and food-contact surfaces if the employee has any cuts, sores,
15rashes, artificial nails, nail polish, rings (other than a plain ring,
16such as a wedding band), uncleanable orthopedic support devices,
17or fingernails that are not clean, smooth, or neatly trimmed.

18(b) Whenever gloves are worn, they shall be changed, replaced,
19or washed as often as handwashing is required by this part.
20 Single-use gloves shall not be washed.

21(c) If used, single-use gloves shall be used for only one task,
22such as working with ready-to-eat food or with raw food of animal
23origin, used for no other purpose, and shall be discarded when
24damaged or soiled, or when interruptions in the food handling
25occur.

26(d) Except as specified in subdivision (e), slash-resistant gloves
27that are used to protect the hands during operations requiring
28cutting shall be used only with food that is subsequently cooked
29as specified in Section 114004, such as frozen food or a primal
30cut of meat.

31(e) Slash-resistant gloves may be used with ready-to-eat food
32that will not be subsequently cooked if the slash-resistant gloves
33have a smooth, durable, and nonabsorbent outer surface or if the
34slash-resistant gloves are covered with a smooth, durable,
35nonabsorbent glove, or a single-use glove.

36(f) Cloth gloves may not be used in direct contact with food
37unless the food is subsequently cooked.

38

begin deleteSEC. 7.end delete
39begin insertSEC. 10.end insert  

Section 113975 is added to the Health and Safety
40Code
, to read:

P13   1

113975.  

(a) Except as provided in subdivision (b), an employee
2who has a wound that is open or draining shall not handle food.

3(b) A food employee who has a wound is restricted from food
4handling unless the food employee complies with all of the
5following:

6(1) If the wound is located on the hand or wrist, an impermeable
7cover, such as a finger cot or stall, shall protect the wound. A
8single-use glove shall be worn over the impermeable cover.

9(2) If the wound is located on exposed portions of the arms, an
10impermeable cover shall protect the wound.

11(3) If the wound is located on other parts of the body, a dry,
12durable, tight-fitting bandage shall cover the wound.

13(4) For purposes of this section, a wound also includes a cut,
14sore, rash, or lesion.

15

begin deleteSEC. 8.end delete
16begin insertSEC. 11.end insert  

Section 114047 of the Health and Safety Code is
17amended to read:

18

114047.  

(a) Adequate and suitable space shall be provided for
19the storage of food.

20(b) Except as specified in subdivisions (c), (d), and (e), food
21shall be protected from contamination by storing the food in a
22clean, dry location, where it is not exposed to splash, dust, vermin,
23or other forms of contamination or adulteration, and at least six
24inches above the floor.

25(c) Food in packages and working containers may be stored less
26than six inches above the floor on case lot handling equipment as
27specified under Section 114165.

28(d) Pressurized beverage containers, cased food in waterproof
29containers such as bottles or cans, and milk containers in plastic
30crates may be stored on a floor that is clean and not exposed to
31moisture.

32(e) Temporary alternate food storage methods and locations
33may be approved by the local enforcement agency.

34

begin deleteSEC. 9.end delete
35begin insertSEC. 12.end insert  

Section 114099.7 of the Health and Safety Code is
36amended to read:

37

114099.7.  

Mechanical sanitization shall be accomplished in
38the final sanitizing rinse by one of the following:

39(a) By being cycled through equipment that is used in
40accordance with the manufacturer’s specifications and achieving
P14   1a utensil surface temperature of 160ºF as measured by an
2irreversible registering temperature indicator.

3(b) The mechanical application of sanitizing chemicals by
4pressure spraying methods using one of the following solutions:

5(1) Contact with a solution of 50 ppm available chlorine for at
6least 30 seconds.

7(2) Contact with a solution of 25 ppm available iodine for at
8least one minute.

9(3) Contact with any chemical sanitizer that meets the
10requirements of Section 180.940 of Title 40 of the Code of Federal
11Regulations when used in accordance with the following:

12(A) The sanitizer manufacturer’s use directions as specified on
13the product label.

14(B) The machine manufacturer’s specifications as provided in
15the manufacturer’s operating instructions.

16(c) After being cleaned and sanitized, equipment and utensils
17shall not be rinsed before air drying or use unless:

18(1) The rinse is applied directly from a potable water supply by
19a warewashing machine that meets the requirements of subdivision
20(b) of Section 114130 and is maintained and operated in accordance
21with the manufacturer’s specifications.

22(2) The rinse is applied only after the equipment and utensils
23have been sanitized by the application of hot water or by the
24application of a chemical sanitizer solution whose United States
25Environmental Protection Agency-registered, label use instructions
26require rinsing off the sanitizer after it is applied in an approved
27commercial warewashing machine.

28

begin deleteSEC. 10.end delete
29begin insertSEC. 13.end insert  

Section 114268 of the Health and Safety Code is
30amended to read:

31

114268.  

(a) Except in sales areas and as otherwise specified
32in subdivision (d), the floor surfaces in all areas in which food is
33prepared, prepackaged, or stored, where any utensil is washed,
34where refuse or garbage is stored, where janitorial facilities are
35located in all toilet and handwashing areas, except with respect to
36areas relating to guestroom accommodations and the private
37accommodations of owners and operators in restricted food service
38facilities, shall be smooth and of durable construction and
39nonabsorbent material that is easily cleanable.

P15   1(b) Floor surfaces shall be coved at the juncture of the floor and
2wall with a 38 inch minimum radius coving and shall extend up
3the wall at least 4 inches, except in areas where food is stored only
4in unopened bottles, cans, cartons, sacks, or other original shipping
5containers.

6(c)  Public or private schools constructed or remodeled after the
7effective date of this part shall comply with subdivision (b). Public
8and private schools constructed before the effective date of this
9part need not comply with subdivision (b), provided that the
10existing floor surfaces are maintained in good repair and in a
11sanitary condition.

12(d) Except for dining and serving areas, the use of sawdust,
13wood shavings, peanut hulls, or similar materials is prohibited.

14(e) This section shall not prohibit the use of approved
15dust-arresting floor sweeping and cleaning compounds during floor
16cleaning operations or the use of antislip floor finishes or materials
17in areas where necessary for safety reasons.

18

begin deleteSEC. 11.end delete
19begin insertSEC. 14.end insert  

Section 114271 of the Health and Safety Code is
20amended to read:

21

114271.  

(a) Except as provided in subdivision (b), the walls
22and ceilings of all rooms shall be of a durable, smooth,
23nonabsorbent, and easily cleanable surface.

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

25(1) Walls and ceilings of bar areas in which alcoholic beverages
26are sold or served directly to the consumers, except wall areas
27adjacent to bar sinks and areas where food is prepared.

28(2) Areas where food is stored only in unopened bottles, cans,
29cartons, sacks, or other original shipping containers.

30(3) Dining and sales areas.

31(4) Offices.

32(5) Restrooms that are used exclusively by the consumers, except
33that the walls and ceilings in the restrooms shall be of a
34nonabsorbent and washable surface.

35(6) Dressing rooms, dressing areas, or locker areas.

36(c) Acoustical paneling may be utilized if it is installed not less
37than six feet above the floor. The paneling shall meet the other
38requirements of this section.

P16   1(d) Conduits of all types shall be installed within walls as
2practicable. When otherwise installed, they shall be mounted or
3enclosed so as to facilitate cleaning.

4(e) Attachments to walls and ceilings, such as light fixtures,
5mechanical room ventilation system components, vent covers, wall
6mounted fans, decorative items, and other attachments, shall be
7easily cleanable.

8

begin deleteSEC. 12.end delete
9begin insertSEC. 15.end insert  

Section 114294 of the Health and Safety Code is
10amended to read:

11

114294.  

(a) All mobile food facilities and mobile support units
12shall meet the applicable requirements in Chapter 1 (commencing
13with Section 113700) to Chapter 8 (commencing with Section
14114250), inclusive, Chapter 12.6 (commencing with Section
15114377), and Chapter 13 (commencing with Section 114380),
16unless specifically exempted from any of these provisions as
17provided in this chapter.

18(b) The enforcement agency shall initially approve all mobile
19food facilities and mobile support units as complying with the
20provisions of this chapter and may require reapproval if deemed
21necessary.

22(c) Each mobile food facility that is either a special purpose
23commercial modular and coach as defined by Section 18012.5 or
24a commercial modular coach as defined by Section 18001.8 shall
25be certified by the Department of Housing and Community
26Development, consistent with Chapter 4 (commencing with Section
2718025) of Part 2 of Division 13, and regulations promulgated
28pursuant to that chapter. In addition, the enforcement agency shall
29approve all equipment installation prior to operation.

30

begin deleteSEC. 13.end delete
31begin insertSEC. 16.end insert  

Section 114295 of the Health and Safety Code is
32amended to read:

33

114295.  

(a) Except as specified in subdivision (b), all mobile
34food facilities shall operate in conjunction with a commissary,
35mobile support unit, or other facility approved by the enforcement
36agency.

37(b) This section does not apply to mobile food facilities that
38operate at community events as defined in Section 113755 and
39that remain in a fixed position during food preparation and its
40hours of operation, if potable water and liquid waste disposal
P17   1facilities are available to mobile food facilities requiring potable
2water.

3(c) Mobile food facilities shall be stored at or within a
4commissary or other location approved by the enforcement agency
5in order to have protection from unsanitary conditions.

6(d) Mobile support units shall be operated from and stored at a
7designated commissary and shall be subject to permitting and plan
8review.

9(e) Notwithstanding any other provisions of this section, a
10mobile food facility that is engaged in food preparation, other than
11limited food preparation, as defined in Section 113818, shall not
12operate in conjunction with a mobile support unit.

13begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 114299 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
14amended to read:end insert

15

114299.  

(a) Except as specified in subdivision (c), the business
16name or name of the operator, city, state, ZIP Code, and name of
17the permittee, if different from the name of the food facility, shall
18be legible, clearly visible to consumers, and permanently affixed
19on the consumer side of the mobile food facility and on a mobile
20support unit.

21(b) Thebegin insert businessend insert name shall be in letters at least 3 inches high
22begin delete and shall be of a color contrasting with the vehicle exteriorend delete. Letters
23and numbers for the city, state, and ZIP Code shall not be less than
24one inch high.begin insert The color of each letter and number shall contrast
25with its background.end insert

26(c) Notwithstanding subdivision (a), motorized mobile food
27facilities and mobile support units shall have the required
28identification on two sides.

29

begin deleteSEC. 14.end delete
30begin insertSEC. 18.end insert  

Section 114325 of the Health and Safety Code is
31amended to read:

32

114325.  

(a) Except on a mobile food facility that only utilizes
33the water for handwashing purposes, a water heater or an
34instantaneous heater capable of heating water to a minimum of
35120ºF, interconnected with a potable water supply, shall be
36provided and shall operate independently of the vehicle engine.
37On a mobile food facility that only utilizes the water for
38handwashing purposes, a minimum one-half gallon-capacity water
39heater or an instantaneous water heater capable of heating water
40to a minimum of 100°F, interconnected with a potable water
P18   1supply, shall be provided and shall operate independently of the
2vehicle engine.

3(b) A water heater with a minimum capacity of four gallons
4shall be provided for mobile food facilities that have a warewashing
5sink.

6(c) A mobile food facility equipped with a three-gallon-capacity
7water heater that is in compliance with this section on January 1,
82014, is in compliance with this section after that date.

9begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 114332.2 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
10amended to read:end insert

11

114332.2.  

(a) Except where all food and beverage is
12prepackaged, handwashingbegin delete,end delete and utensil washing facilities approved
13by the enforcement officer shall be providedbegin delete withinend deletebegin insert forend insert nonprofit
14charitable temporary food facilities.begin insert Based on local environmental
15conditions, location, and similar factors, the local enforcement
16agency may, in lieu of a warewashing sink, allow a nonprofit
17charitable temporary food facility operating no more than four
18 hours per day at a single event to provide an adequate supply of
19utensils and spare utensils when they have been properly washed
20and sanitized at an approved food facility and are stored and kept
21free of becoming soiled or contaminated.end insert

22(b) Facilities for the sanitary disposal of all liquid waste shall
23be subject to the approval of the enforcement officer.

24(c) At least one toilet facility for each 15 employees shall be
25provided within 60 meters (200 feet) of each nonprofit charitable
26temporary food facility.

27(d) Food contact surfaces shall be smooth, easily cleanable, and
28nonabsorbent.

29

begin deleteSEC. 15.end delete
30begin insertSEC. 20.end insert  

Section 114335 of the Health and Safety Code is
31amended to read:

32

114335.  

(a) Temporary food facilities that operate at a swap
33meet are limited to only prepackaged nonpotentially hazardous
34food and whole uncut produce, and shall meet the applicable
35requirements in Chapter 1 (commencing with Section 113700) to
36Chapter 8 (commencing with Section 114250), inclusive, Chapter
3712.6 (commencing with Section 114377), and Chapter 13
38(commencing with Section 114380), unless specifically exempted
39from any of these provisions.

P19   1(b) Temporary food facilities that operate at a community event
2shall meet the applicable requirements in Chapter 1 (commencing
3with Section 113700) to Chapter 8 (commencing with Section
4114250), inclusive, Chapter 12.6 (commencing with Section
5114377), and Chapter 13 (commencing with Section 114380),
6unless specifically exempted from any of these provisions.

7(c) Food facility requirements shall be determined by the
8enforcement agency based on the food service activity to be
9conducted, the type of food that is to be prepared or served, the
10length of the event, and the extent of food preparation that is to be
11conducted at a community event within a temporary food facility.

12(d) Notwithstanding subdivision (a), the enforcement agency
13may allow temporary food facilities at a swap meet, depending on
14the food service activity to be conducted, the type of food that is
15to be prepared or served, the duration of the swap meet, and the
16extent of food preparation that is to be conducted at the swap meet.

17begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 114351 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert

19

114351.  

begin insert(a)end insertbegin insertend insert Notwithstanding Section 114095, a warewashing
20sink may be shared by no more than four temporary food facilities
21that handle nonprepackaged food if the sink is centrally located
22and is adjacent to the sharing facilities.

begin insert

23(b) Notwithstanding subdivision (a), based on the number and
24types of utensils used, the local enforcement agency may allow up
25to eight temporary food facilities to share a warewashing sink
26when easily accessible and located within 100 feet of each
27temporary food facility.

end insert
begin insert

28(c) Based on local environmental conditions, location, and
29similar factors, the local enforcement agency may, in lieu of a
30warewashing sink, allow a temporary food facility operating no
31more than four hours per day at a single event to provide an
32adequate supply of utensils and spare utensils when they have been
33properly washed and sanitized at an approved food facility and
34are stored and kept free of becoming soiled or contaminated.

end insert
35begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 114365 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
36amended to read:end insert

37

114365.  

(a) (1) (A) A “Class A” cottage food operation shall
38not be open for business unless it is registered with the local
39enforcement agency and has submitted a completed,
40self-certification checklist approved by the local enforcement
P20   1agency. The self-certification checklist shall verify that the cottage
2food operation conforms to this chapter, including the following
3requirements:

4(i) No cottage food preparation, packaging, or handling may
5occur in the home kitchen concurrent with any other domestic
6activities, such as family meal preparation, dishwashing, clothes
7washing or ironing, kitchen cleaning, or guest entertainment.

8(ii) No infants, small children, or pets may be in the home
9kitchen during the preparation, packaging, or handling of any
10cottage food products.

11(iii) Kitchen equipment and utensils used to produce cottage
12food products shall be clean and maintained in a good state of
13repair.

14(iv) All food contact surfaces, equipment, and utensils used for
15the preparation, packaging, or handling of any cottage food
16products shall be washed, rinsed, and sanitized before each use.

17(v) All food preparation and food and equipment storage areas
18shall be maintained free of rodents and insects.

19(vi) Smoking shall be prohibited in the portion of a private home
20used for the preparation, packaging, storage, or handling of cottage
21food products and related ingredients or equipment, or both, while
22cottage food products are being prepared, packaged, stored, or
23handled.

24(B) (i) The department shall post the requirements described
25in subparagraph (A) on its Internet Web site.

26(ii) The local enforcement agency shall issue a registration
27number to a “Class A” cottage food operation that meets the
28requirements of subparagraph (A).

29(C) (i) Except as provided in (ii), a “Class A” cottage food
30operation shall not be subject to initial or routine inspections.

31(ii) For purposes of determining compliance with this chapter,
32a representative of a local enforcement agency may access, for
33inspection purposes, the registered area of a private home where
34a cottage food operation is located only if the representative has,
35on the basis of a consumer complaint, reason to suspect that
36adultered or otherwise unsafe food has been produced by the
37cottage food operation or that the cottage food operation has
38violated this chapter.

P21   1(iii) Access under this subparagraph is limited to the registered
2area and solely for the purpose of enforcing or administering this
3chapter.

4(iv) A local enforcement agency may seek recovery from a
5“Class A” cottage food operation of an amount that does not exceed
6the local enforcement agency’s reasonable costs of inspecting the
7“Class A” cottage food operation for compliance with this chapter,
8if the “Class A” cottage food operation is found to be in violation
9of this chapter.

10(2) (A) A “Class B” cottage food operation shall not be open
11for business unless it obtains a permit from the local enforcement
12 agency in a manner approved by the local enforcement agency to
13engage in the direct and indirect sale of cottage food products.

14(B) (i) A “Class B” cottage food operation shall comply with
15the requirements described in clauses (i) to (vi), inclusive, of
16subparagraph (A) of paragraph (1) in addition to the other
17requirements of this chapter.

18(ii) The local enforcement agency shall issue a permit number
19after an initial inspection has determined that the proposed “Class
20B” cottage food operation and its method of operation conform to
21this chapter.

22(C) Except as provided in this subparagraph, a “Class B” cottage
23food operation shall not be subject to more than one inspection
24per year by the local enforcement agency.

begin insert

25(D) A “Class A” cottage food operation shall renew its
26registration annually.

end insert

27(i) For purposes of determining compliance with this chapter,
28a representative of a local enforcement agency, for inspection
29purposes, may access the permitted area of a private home where
30a cottage food operation is located only if the representative has,
31on the basis of a consumer complaint, reason to suspect that
32adulterated or otherwise unsafe food has been produced by the
33cottage food operation, or that the cottage food operation has
34violated this chapter.

35(ii) Access under this subparagraph is limited to the permitted
36area and solely for the purpose of enforcing or administering this
37chapter.

begin delete

38(D)

end delete

P22   1begin insert(E)end insert (i) A “Class B” cottage food operation shall be authorized
2to engage in the indirect sales of cottage food products within the
3county in which the “Class B” cottage food operation is permitted.

4(ii) A county may agree to allow a “Class B” cottage food
5operation permitted in another county to engage in the indirect
6sales of cottage food products in the county.

7(b) begin insert(1)end insertbegin insertend insert A registration or permit, once issued, is nontransferable.
8A registration or permit shall be valid only for the person, location,
9type of food sales, and distribution activity specified by that
10registration or permit, and, unless suspended or revoked for cause,
11for the time period indicated.

begin insert

12(2) The registration or permit or an accurate copy thereof shall
13be retained by the operator onsite at the time of either direct or
14indirect cottage food sale.

end insert
15begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 114365.2 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
16amended to read:end insert

17

114365.2.  

A cottage food operation that is registered or has a
18permit issued pursuant to Section 114365 shall be considered a
19restricted food service facility for purposes of, and subject to,
20Sections 113953.3, 114259.5, 114285, and 114286. A cottage food
21operation that is registered or has a permit also shall be subject to
22Sections 113967, 113973, 113980, 114259.5, 114405, 114407,
23114409, 114411, and 114413, and to all of the following
24requirements:

25(a) A person with a contagious illness shall refrain from work
26in the registered or permitted area of the cottage food operation.

27(b) A person involved in the preparation or packaging of cottage
28food products shall keep his or her hands and exposed portions of
29his or her arms clean and shall wash his or her hands before any
30food preparation or packaging activity in a cottage food operation.

31(c) Water used during the preparation of cottage food products
32shall meet the potable drinking water standards described in Section
33113869,begin delete except that aend deletebegin insert or in accordance with the local regulatory
34authority. Aend insert
cottage food operation shall not be required to have
35an indirect sewer connection. Water used during the preparation
36of cottage food products includes all of the following:

37(1) The washing, sanitizing, and drying of any equipment used
38in the preparation of a cottage food product.

39(2) The washing, sanitizing, and drying of hands and arms.

40(3) Water used as an ingredient.

P23   1(d) A person who prepares or packages cottage food products
2shall complete a food processor coursebegin delete instructedend deletebegin insert approvedend insert by the
3departmentbegin insert and posted on the department’s Internet Web siteend insert to
4protect the public health within three months of becoming
5registeredbegin insert and every three years during operationend insert. The course shall
6not exceed four hours in length. The department shall work with
7the local enforcement agency to ensure that cottage food operators
8are properly notified of the location, date, and time of the classes
9offered.

10(e) A cottage food operation shall properly label all cottage food
11products in compliance with the Federal Food, Drug, and Cosmetic
12Act (21 U.S.C. Sec. 343 et seq.). Additionally, to the extent
13permitted by federal law, the label shall include, but is not limited
14to, all of the following:

15(1) The words “Made in a Home Kitchen”begin insert or “Repackaged in
16a Home Kitchenend insert
begin insert,end insertbegin insert” as applicable, with a description of any
17purchased whole ready-to-eat product not used as an ingredientend insert

18 in 12-point type on the cottage food product’s primary display
19panel.

20(2) The name commonly used for the food product or an
21adequately descriptive name.

22(3) The name of the cottage food operation which produced the
23cottage food product.

24(4) The registration or permit number of the “Class A” or “Class
25B” cottage food operation, respectively, which produced the cottage
26food product andbegin delete, in the case of a “Class B” cottage food operation,end delete
27 the name of the county of the local enforcement agency that issued
28the permitbegin insert or registrationend insert number.

29(5) The ingredients of the cottage food product, in descending
30order of predominance by weight, if the product contains two or
31more ingredients.

32

begin deleteSEC. 16.end delete
33begin insertSEC. 24.end insert  

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution for certain
35costs that may be incurred by a local agency or school district
36because, in that regard, this act creates a new crime or infraction,
37eliminates a crime or infraction, or changes the penalty for a crime
38or infraction, within the meaning of Section 17556 of the
39Government Code, or changes the definition of a crime within the
P24   1meaning of Section 6 of Article XIII B of the California
2Constitution.

3However, if the Commission on State Mandates determines that
4this act contains other costs mandated by the state, reimbursement
5to local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.



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