Amended in Senate July 2, 2013

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 Sections 113758, 113818, 113903, 113949.2, 113953.3, 113973, 114047, 114099.7, 114268, 114271, 114294, 114295, 114299,114325, 114332.2, 114335, 114351, 114365, and 114365.2 of, to add Sections 113806begin insert, 113807,end insert and 113975 to, and to repeal and add Section 113961 of, 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.

(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.

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.

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.

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

(3) 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.

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.

(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 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.

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.

(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.

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.

(7) 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 definebegin delete aend deletebegin insert “highly susceptible population” andend insert “hot dog” for purposes of the code and would make a clarifying change to the definition of “limited food preparation.”

(8) 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.

(9) 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    1

SECTION 1.  

Section 113758 of the Health and Safety Code
2 is amended to read:

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
22products from the cottage food operation or other direct sales
23venues described in paragraph (4) of subdivision (b).

24(2) A “Class B” cottage food operation, which is a cottage food
25operation that may engage in both direct sales and indirect sales
26of cottage food products from the cottage food operation, from
P5    1direct sales venues described in paragraph (4) of subdivision (b),
2from offsite events, or from a third-party retail food facility
3described in paragraph (5) of subdivision (b).

4(b) For purposes of this section, the following definitions shall
5apply:

6(1) “Cottage food employee” means an individual, paid or
7volunteer, who is involved in the preparation, packaging, handling,
8and storage of a cottage food product, or otherwise works for the
9cottage food operation. An employee does not include an
10immediate family member or household member of the cottage
11food operator.

12(2) “Cottage food operator” means an individual who operates
13a cottage food operation in his or her private home and is the owner
14of the cottage food operation.

15(3) “Cottage food products” means nonpotentially hazardous
16foods, including foods that are described in Section 114365.5 and
17that are prepared for sale in the kitchen of a cottage food operation.

18(4) “Direct sale” means a transaction within the state between
19a cottage food operation operator and a consumer, where the
20consumer purchases the cottage food product directly from the
21cottage food operation. Direct sales include, but are not limited
22to, transactions at holiday bazaars or other temporary events, such
23as bake sales or food swaps, transactions at farm stands, certified
24farmers’ markets, or through community-supported agriculture
25subscriptions, and transactions occurring in person in the cottage
26food operation.

27(5) “Indirect sale” means an interaction between a cottage food
28operation, a third-party retailer, and a consumer, where the
29consumer purchases cottage food products made by the cottage
30food operation from a third-party retailer that holds a valid permit
31issued pursuant to Section 114381. Indirect sales include, but are
32not limited to, sales made to retail shops or to retail food facilities
33where food may be immediately consumed on the premises.

34(6) “Private home” means a dwelling, including an apartment
35or other leased space, where individuals reside.

36(7) “Registered or permitted area” means the portion of a private
37home that contains the private home’s kitchen used for the
38preparation, packaging, storage, or handling of cottage food
39products and related ingredients or equipment, or both, and attached
40rooms within the home that are used exclusively for storage.

P6    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 113806 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert113806.end insert  

“Highly susceptible population” means a group of
4persons who are more likely than other people in the general
5population to experience foodborne disease because both of the
6following conditions exist:

7(a) The group is comprised of immunocompromised persons,
8preschool age children, or older adults.

9(b) The group obtains food at a facility, including, but not
10limited to, a child or adult day care center, kidney dialysis center,
11hospital, nursing home, or senior center, that provides services,
12such as custodial care, health care, assisted living, or socialization
13services.

end insert
14

begin deleteSEC. 2.end delete
15begin insertSEC. 3.end insert  

Sectionbegin delete 113806end deletebegin insert 113807end insert is added to the Health and
16Safety Code
, to read:

17

begin delete113806.end delete
18begin insert113807.end insert  

“Hot dog” means a whole, cured, cooked sausage that
19is skinless or stuffed in a casing, that may be known as a
20frankfurter, frank, furter, wiener, red hot, vienna, bologna, garlic
21bologna, or knockwurst, and that may be served in a bun or roll.

22

begin deleteSEC. 3.end delete
23begin insertSEC. 4.end insert  

Section 113818 of the Health and Safety Code is
24amended to read:

25

113818.  

(a) “Limited food preparation” means food preparation
26that is restricted to one or more of the following:

27(1) Heating, frying, baking, roasting, popping, shaving of ice,
28blending, steaming or boiling of hot dogs, or assembly of
29nonprepackaged food.

30(2) Dispensing and portioning of nonpotentially hazardous food.

31(3) Holding, portioning, and dispensing of any foods that are
32prepared for satellite food service by the onsite permanent food
33facility or prepackaged by another approved source.

34(4) Slicing and chopping of food on a heated cooking surface
35during the cooking process.

36(5) Cooking and seasoning to order.

37(6) Preparing beverages that are for immediate service, in
38response to an individual consumer order, that do not contain
39frozen milk products.

P7    1(b) “Limited food preparation” does not include any of the
2following:

3(1) Slicing and chopping unless it is on the heated cooking
4surface.

5(2) Thawing.

6(3) Cooling of cooked, potentially hazardous food.

7(4) Grinding raw ingredients or potentially hazardous food.

8(5) Reheating of potentially hazardous foods for hot holding,
9except for steamed or boiled hot dogs and tamales in the original,
10inedible wrapper.

11(6) Except as authorized in paragraph (3) of subdivision (a), hot
12holding of nonprepackaged, potentially hazardous food, except
13for roasting corn on the cob, steamed or boiled hot dogs, and
14tamales in the original, inedible wrapper.

15(7) Washing of foods.

16(8) Cooking of potentially hazardous foods for later use.

17

begin deleteSEC. 4.end delete
18begin insertSEC. 5.end insert  

Section 113903 of the Health and Safety Code is
19amended to read:

20

113903.  

(a) “Service animal” means 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 animal”
24does not include any other species of animals, whether wild or
25domestic, trained or untrained.

26(b) The work or tasks performed by a service animal shall be
27directly related to the individual’s disability. Examples of work
28or tasks include, but are not limited to, assisting individuals who
29are blind or have low vision with navigation and other tasks,
30alerting individuals who are deaf or hard of hearing to the presence
31of people or sounds, providing nonviolent protection or rescue
32 work, pulling 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 and
39the provision of emotional support, well-being, comfort, or
P8    1companionship do not constitute work or tasks for the purposes
2of this subdivision.

3

begin deleteSEC. 5.end delete
4begin insertSEC. 6.end insert  

Section 113949.2 of the Health and Safety Code is
5amended to read:

6

113949.2.  

The owner who has a food safety certificate issued
7pursuant to Section 113947.1 or the food employee who has this
8food safety certificate shall instruct all food employees regarding
9the relationship between personal hygiene and food safety,
10including the association of hand contact, personal habits and
11behaviors, and food employee health to foodborne illness. The
12owner or food safety certified employee shall require food
13employees to report the following to the person in charge:

14(a) If a food employee is diagnosed with an illness due to one
15of the following:

16(1) Salmonella typhi.

17(2) Salmonella spp.

18(3) Shigella spp.

19(4) Entamoeba histolytica.

20(5) Enterohemorrhagic or shiga toxin producing Escherichia
21coli.

22(6) Hepatitis A virus.

23(7) Norovirus.

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

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

28(2) On exposed portions of the arms, unless the wound is
29protected by an impermeable cover.

30(3) On other parts of the body, unless the wound is covered by
31a dry, durable, tight-fitting bandage.

32

begin deleteSEC. 6.end delete
33begin insertSEC. 7.end insert  

Section 113953.3 of the Health and Safety Code is
34amended to read:

35

113953.3.  

(a) Except as specified in subdivision (b), all
36employees shall thoroughly wash their hands and that portion, if
37any, of their arms exposed to direct food contact with cleanser and
38warm water by vigorously rubbing together the surfaces of their
39lathered hands and arms for at least 10 to 15 seconds and
40thoroughly rinsing with clean running water followed by drying
P9    1of cleaned hands and that portion, if any, of their arms exposed.
2Employees shall pay particular attention to the areas underneath
3the fingernails and between the fingers. Employees shall wash
4their hands in all of the following instances:

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

8(2) After touching bare human body parts other than clean hands
9and clean, exposed portions of arms.

10(3) After using the toilet room.

11(4) After caring for or handling any animal allowed in a food
12facility pursuant to this part.

13(5) After coughing, sneezing, using a handkerchief or disposable
14tissue, using tobacco, eating, or drinking.

15(6) After handling soiled equipment or utensils.

16(7) During food preparation, as often as necessary to remove
17soil and contamination and to prevent cross-contamination when
18changing tasks.

19(8) When switching between working with raw food and
20working with ready-to-eat food.

21(9) Before initially donning gloves for working with food and
22when changing gloves as required in Section 113973. Handwashing
23is not required between glove changes when no contamination of
24the gloves or hands has occurred.

25(10) Before dispensing or serving food or handling clean
26tableware and serving utensils in the food service area.

27(11) After engaging in other activities that contaminate the
28hands.

29(b) If approved and capable of removing the types of soils
30encountered in the food operations involved, an automatic
31handwashing facility may be used by food employees to clean
32their hands.

33

begin deleteSEC. 7.end delete
34begin insertSEC. 8.end insert  

Section 113961 of the Health and Safety Code is
35repealed.

36

begin deleteSEC. 8.end delete
37begin insertSEC. 9.end insert  

Section 113961 is added to the Health and Safety Code,
38to read:

39

113961.  

(a) Food employees shall wash their hands in
40accordance with the provisions established in Section 113953.3.

P10   1(b) Except when washing fruits and vegetables, as specified in
2Section 113992 or as specified in subdivisions (e) and (f), food
3employees shall not contact exposed, ready-to-eat food with their
4bare hands and shall use suitable utensils such as deli tissue,
5spatulas, tongs, single-use gloves, or dispensing equipment.

6(c) Food employees shall minimize bare hand and arm contact
7with exposed food that is not in a ready-to-eat form.

8(d) Food that has been served to a consumer and then wrapped
9or prepackaged at the direction of the consumer, such as food
10placed in a take-home container, shall be handled only with
11utensils. These utensils shall be properly sanitized before reuse.

12(e) Subdivision (b) does not apply to a food employee who
13contacts exposed, ready-to-eat food with bare hands at the time
14the ready-to-eat food is being added as an ingredient to a food that
15meets either of the following:

16(1) Food that contains a raw animal food and is to be cooked in
17the food establishment to heat all parts of the food to the minimum
18temperatures specified in subdivisions (a) and (b) of Section
19114004 or in Section 114008.

20(2) Food that does not contain a raw animal food but is to be
21cooked in the food establishment to heat all parts of the food to a
22temperature of at least 165 degrees Fahrenheit.

23(f) Food employees not serving a highly susceptible population
24may contact exposed, ready-to-eat food with their bare hands if
25all of the following occur:

26(1) The permitholder obtains prior approval from the regulatory
27authority.

28(2) Written procedures are maintained in the food facility and
29made available to the regulatory authority upon request, that
30include all of the following:

31(A) For each bare hand contact procedure, a listing of the
32specific ready-to-eat foods that are touched by bare hands.

33(B) Diagrams and other information showing that handwashing
34facilities that are installed, located, and maintained in accordance
35with Sections 113953, 113953.1, and 113953.2, are in an easily
36 accessible location and in close proximity to the work station where
37the bare hand contact procedure is conducted.

38(3) A written employee health policy that details the manner in
39which the food facility complies with Sections 113949, 113949.1,
P11   1113949.2, 113949.3, 113949.4, 113949.5, 113950, and 113950.5,
2including all of the following:

3(A) Documentation that food employees and conditional
4employees acknowledge that they are informed to report
5information about their health and activities as they relate to
6gastrointestinal symptoms and diseases that are transmittable
7through food as specified in Section 113949.1.

8(B) Documentation that food employees and conditional
9employees acknowledge their responsibilities as specified in
10Section 113949.4.

11(C) Documentation that the person in charge acknowledges the
12responsibilities specified in Sections 113949.5, 113950, and
13113950.5.

14(4) Documentation that food employees acknowledge that they
15have received training in all of the following:

16(A) The risks of contacting the specific ready-to-eat foods with
17bare hands.

18(B) Proper handwashing techniques and requirements, pursuant
19to subdivision (a) of Section 113953.3.

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

21(D) Proper fingernail maintenance, as specified in Section
22113968.

23(E) Prohibition of jewelry, as specified in subdivision (a) of
24Section 113973.

25(F) Good hygienic practices, as specified in Sections 113974
26and 113977.

27(5) Documentation that hands are washed before food
28preparation and as necessary to prevent cross-contamination by
29food employees, as specified in Sections 113952, 113953.1, and
30113953.3 during all hours of operation when the specific
31ready-to-eat foods are prepared.

32(6) Documentation that food employees contacting ready-to-eat
33foods with bare hands use two or more of the following control
34measures to provide additional safeguards to hazards associated
35with bare hand contact:

36(A) Double handwashing.

37(B) Nail brushes.

38(C) A hand antiseptic after handwashing, as specified in Section
39113953.4.

P12   1(D) Incentive programs such as paid sick leave that assist or
2encourage food employees not to report to work if they are ill.

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

4(7) Documentation that corrective action is taken when the
5requirements specified in paragraphs (1) to (6), inclusive, are not
6followed.

7

begin deleteSEC. 9.end delete
8begin insertSEC. 10.end insert  

Section 113973 of the Health and Safety Code is
9amended to read:

10

113973.  

(a) Single-use gloves shall be worn when contacting
11food and food-contact surfaces if the employee has any cuts, sores,
12rashes, artificial nails, nail polish, rings (other than a plain ring,
13such as a wedding band), uncleanable orthopedic support devices,
14or fingernails that are not clean, smooth, or neatly trimmed.

15(b) Whenever gloves are worn, they shall be changed, replaced,
16or washed as often as handwashing is required by this part.
17Single-use gloves shall not be washed.

18(c) If used, single-use gloves shall be used for only one task,
19such as working with ready-to-eat food or with raw food of animal
20origin, used for no other purpose, and shall be discarded when
21damaged or soiled, or when interruptions in the food handling
22occur.

23(d) Except as specified in subdivision (e), slash-resistant gloves
24that are used to protect the hands during operations requiring
25cutting shall be used only with food that is subsequently cooked
26as specified in Section 114004, such as frozen food or a primal
27cut of meat.

28(e) Slash-resistant gloves may be used with ready-to-eat food
29that will not be subsequently cooked if the slash-resistant gloves
30have a smooth, durable, and nonabsorbent outer surface or if the
31slash-resistant gloves are covered with a smooth, durable,
32nonabsorbent glove, or a single-use glove.

33(f) Cloth gloves may not be used in direct contact with food
34unless the food is subsequently cooked.

35

begin deleteSEC. 10.end delete
36begin insertSEC. 11.end insert  

Section 113975 is added to the Health and Safety
37Code
, to read:

38

113975.  

(a) Except as provided in subdivision (b), an employee
39who has a wound that is open or draining shall not handle food.

P13   1(b) A food employee who has a wound is restricted from food
2handling unless the food employee complies with all of the
3following:

4(1) If the wound is located on the hand or wrist, an impermeable
5cover, such as a finger cot or stall, shall protect the wound. A
6single-use glove shall be worn over the impermeable cover.

7(2) If the wound is located on exposed portions of the arms, an
8impermeable cover shall protect the wound.

9(3) If the wound is located on other parts of the body, a dry,
10durable, tight-fitting bandage shall cover the wound.

11(4) For purposes of this section, a wound also includes a cut,
12sore, rash, or lesion.

13

begin deleteSEC. 11.end delete
14begin insertSEC. 12.end insert  

Section 114047 of the Health and Safety Code is
15amended to read:

16

114047.  

(a) Adequate and suitable space shall be provided for
17the storage of food.

18(b) Except as specified in subdivisions (c), (d), and (e), food
19shall be protected from contamination by storing the food in a
20clean, dry location, where it is not exposed to splash, dust, vermin,
21or other forms of contamination or adulteration, and at least six
22inches above the floor.

23(c) Food in packages and working containers may be stored less
24than six inches above the floor on case lot handling equipment as
25specified under Section 114165.

26(d) Pressurized beverage containers, cased food in waterproof
27containers such as bottles or cans, and milk containers in plastic
28crates may be stored on a floor that is clean and not exposed to
29moisture.

30(e) Temporary alternate food storage methods and locations
31may be approved by the local enforcement agency.

32

begin deleteSEC. 12.end delete
33begin insertSEC. 13.end insert  

Section 114099.7 of the Health and Safety Code is
34amended to read:

35

114099.7.  

Mechanical sanitization shall be accomplished in
36the final sanitizing rinse by one of the following:

37(a) By being cycled through equipment that is used in
38accordance with the manufacturer’s specifications and achieving
39a utensil surface temperature of 160ºF as measured by an
40irreversible registering temperature indicator.

P14   1(b) The mechanical application of sanitizing chemicals by
2pressure spraying methods using one of the following solutions:

3(1) Contact with a solution of 50 ppm available chlorine for at
4least 30 seconds.

5(2) Contact with a solution of 25 ppm available iodine for at
6least one minute.

7(3) Contact with any chemical sanitizer that meets the
8requirements of Section 180.940 of Title 40 of the Code of Federal
9Regulations when used in accordance with the following:

10(A) The sanitizer manufacturer’s use directions as specified on
11the product label.

12(B) The machine manufacturer’s specifications as provided in
13the manufacturer’s operating instructions.

14(c) After being cleaned and sanitized, equipment and utensils
15shall not be rinsed before air drying or use unless:

16(1) The rinse is applied directly from a potable water supply by
17a warewashing machine that meets the requirements of subdivision
18(b) of Section 114130 and is maintained and operated in accordance
19with the manufacturer’s specifications.

20(2) The rinse is applied only after the equipment and utensils
21have been sanitized by the application of hot water or by the
22application of a chemical sanitizer solution whose United States
23Environmental Protection Agency-registered, label use instructions
24require rinsing off the sanitizer after it is applied in an approved
25commercial warewashing machine.

26

begin deleteSEC. 13.end delete
27begin insertSEC. 14.end insert  

Section 114268 of the Health and Safety Code is
28amended to read:

29

114268.  

(a) Except in sales areas and as otherwise specified
30in subdivision (d), the floor surfaces in all areas in which food is
31prepared, prepackaged, or stored, where any utensil is washed,
32where refuse or garbage is stored, where janitorial facilities are
33located in all toilet and handwashing areas, except with respect to
34areas relating to guestroom accommodations and the private
35accommodations of owners and operators in restricted food service
36facilities, shall be smooth and of durable construction and
37nonabsorbent material that is easily cleanable.

38(b) Floor surfaces shall be coved at the juncture of the floor and
39wall with a 38 inch minimum radius coving and shall extend up
40the wall at least 4 inches, except in areas where food is stored only
P15   1in unopened bottles, cans, cartons, sacks, or other original shipping
2containers.

3(c)  Public or private schools constructed or remodeled after the
4effective date of this part shall comply with subdivision (b). Public
5and private schools constructed before the effective date of this
6part need not comply with subdivision (b), provided that the
7existing floor surfaces are maintained in good repair and in a
8sanitary condition.

9(d) Except for dining and serving areas, the use of sawdust,
10wood shavings, peanut hulls, or similar materials is prohibited.

11(e) This section shall not prohibit the use of approved
12dust-arresting floor sweeping and cleaning compounds during floor
13cleaning operations or the use of antislip floor finishes or materials
14in areas where necessary for safety reasons.

15

begin deleteSEC. 14.end delete
16begin insertSEC. 15.end insert  

Section 114271 of the Health and Safety Code is
17amended to read:

18

114271.  

(a) Except as provided in subdivision (b), the walls
19and ceilings of all rooms shall be of a durable, smooth,
20nonabsorbent, and easily cleanable surface.

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

22(1) Walls and ceilings of bar areas in which alcoholic beverages
23are sold or served directly to the consumers, except wall areas
24adjacent to bar sinks and areas where food is prepared.

25(2) Areas where food is stored only in unopened bottles, cans,
26cartons, sacks, or other original shipping containers.

27(3) Dining and sales areas.

28(4) Offices.

29(5) Restrooms that are used exclusively by the consumers, except
30that the walls and ceilings in the restrooms shall be of a
31nonabsorbent and washable surface.

32(6) Dressing rooms, dressing areas, or locker areas.

33(c) Acoustical paneling may be utilized if it is installed not less
34than six feet above the floor. The paneling shall meet the other
35requirements of this section.

36(d) Conduits of all types shall be installed within walls as
37practicable. When otherwise installed, they shall be mounted or
38enclosed so as to facilitate cleaning.

39(e) Attachments to walls and ceilings, such as light fixtures,
40 mechanical room ventilation system components, vent covers, wall
P16   1mounted fans, decorative items, and other attachments, shall be
2easily cleanable.

3

begin deleteSEC. 15.end delete
4begin insertSEC. 16.end insert  

Section 114294 of the Health and Safety Code is
5amended to read:

6

114294.  

(a) All mobile food facilities and mobile support units
7shall meet the applicable requirements in Chapter 1 (commencing
8with Section 113700) to Chapter 8 (commencing with Section
9114250), inclusive, Chapter 12.6 (commencing with Section
10114377), and Chapter 13 (commencing with Section 114380),
11unless specifically exempted from any of these provisions as
12provided in this chapter.

13(b) The enforcement agency shall initially approve all mobile
14food facilities and mobile support units as complying with the
15provisions of this chapter and may require reapproval if deemed
16necessary.

17(c) Each mobile food facility that is either a special purpose
18commercial modular and coach as defined by Section 18012.5 or
19a commercial modular coach as defined by Section 18001.8 shall
20be certified by the Department of Housing and Community
21Development, consistent with Chapter 4 (commencing with Section
2218025) of Part 2 of Division 13, and regulations promulgated
23pursuant to that chapter. In addition, the enforcement agency shall
24approve all equipment installation prior to operation.

25

begin deleteSEC. 16.end delete
26begin insertSEC. 17.end insert  

Section 114295 of the Health and Safety Code is
27amended to read:

28

114295.  

(a) Except as specified in subdivision (b), all mobile
29food facilities shall operate in conjunction with a commissary,
30mobile support unit, or other facility approved by the enforcement
31agency.

32(b) This section does not apply to mobile food facilities that
33operate at community events as defined in Section 113755 and
34that remain in a fixed position during food preparation and its
35hours of operation, if potable water and liquid waste disposal
36facilities are available to mobile food facilities requiring potable
37water.

38(c) Mobile food facilities shall be stored at or within a
39commissary or other location approved by the enforcement agency
40in order to have protection from unsanitary conditions.

P17   1(d) Mobile support units shall be operated from and stored at a
2designated commissary and shall be subject to permitting and plan
3review.

4(e) Notwithstanding any other provisions of this section, a
5mobile food facility that is engaged in food preparation, other than
6limited food preparation, as defined in Section 113818, shall not
7operate in conjunction with a mobile support unit.

8

begin deleteSEC. 17.end delete
9begin insertSEC. 18.end insert  

Section 114299 of the Health and Safety Code is
10amended to read:

11

114299.  

(a) Except as specified in subdivision (c), the business
12name or name of the operator, city, state, ZIP Code, and name of
13the permittee, if different from the name of the food facility, shall
14be legible, clearly visible to consumers, and permanently affixed
15on the consumer side of the mobile food facility and on a mobile
16support unit.

17(b) The business name shall be in letters at least 3 inches high.
18Letters and numbers for the city, state, and ZIP Code shall not be
19less than one inch high. The color of each letter and number shall
20contrast with its background.

21(c) Notwithstanding subdivision (a), motorized mobile food
22facilities and mobile support units shall have the required
23identification on two sides.

24

begin deleteSEC. 18.end delete
25begin insertSEC. 19.end insert  

Section 114325 of the Health and Safety Code is
26amended to read:

27

114325.  

(a) Except on a mobile food facility that only utilizes
28the water for handwashing purposes, a water heater or an
29instantaneous heater capable of heating water to a minimum of
30120ºF, interconnected with a potable water supply, shall be
31provided and shall operate independently of the vehicle engine.
32On a mobile food facility that only utilizes the water for
33handwashing purposes, a minimum one-half gallon-capacity water
34heater or an instantaneous water heater capable of heating water
35to a minimum of 100°F, interconnected with a potable water
36supply, shall be provided and shall operate independently of the
37vehicle engine.

38(b) A water heater with a minimum capacity of four gallons
39shall be provided for mobile food facilities that have a warewashing
40sink.

P18   1(c) A mobile food facility equipped with a three-gallon-capacity
2water heater that is in compliance with this section on January 1,
32014, is in compliance with this section after that date.

4

begin deleteSEC. 19.end delete
5begin insertSEC. 20.end insert  

Section 114332.2 of the Health and Safety Code is
6amended to read:

7

114332.2.  

(a) Except where all food and beverage is
8prepackaged, handwashing and utensil washing facilities approved
9by the enforcement officer shall be provided for nonprofit
10charitable temporary food facilities. Based on local environmental
11conditions, location, and similar factors, the local enforcement
12agency may, in lieu of a warewashing sink, allow a nonprofit
13charitable temporary food facility operating no more than four
14hours per day at a single event to provide an adequate supply of
15utensils and spare utensils when they have been properly washed
16and sanitized at an approved food facility and are stored and kept
17free of becoming soiled or contaminated.

18(b) Facilities for the sanitary disposal of all liquid waste shall
19be subject to the approval of the enforcement officer.

20(c) At least one toilet facility for each 15 employees shall be
21provided within 60 meters (200 feet) of each nonprofit charitable
22temporary food facility.

23(d) Food contact surfaces shall be smooth, easily cleanable, and
24nonabsorbent.

25

begin deleteSEC. 20.end delete
26begin insertSEC. 21.end insert  

Section 114335 of the Health and Safety Code is
27amended to read:

28

114335.  

(a) Temporary food facilities that operate at a swap
29meet are limited to only prepackaged nonpotentially hazardous
30food and whole uncut produce, and shall meet the applicable
31requirements in Chapter 1 (commencing with Section 113700) to
32Chapter 8 (commencing with Section 114250), inclusive, Chapter
3312.6 (commencing with Section 114377), and Chapter 13
34(commencing with Section 114380), unless specifically exempted
35from any of these provisions.

36(b) Temporary food facilities that operate at a community event
37shall meet the applicable requirements in Chapter 1 (commencing
38with Section 113700) to Chapter 8 (commencing with Section
39114250), inclusive, Chapter 12.6 (commencing with Section
P19   1114377), and Chapter 13 (commencing with Section 114380),
2unless specifically exempted from any of these provisions.

3(c) Food facility requirements shall be determined by the
4enforcement agency based on the food service activity to be
5conducted, the type of food that is to be prepared or served, the
6length of the event, and the extent of food preparation that is to be
7conducted at a community event within a temporary food facility.

8(d) Notwithstanding subdivision (a), the enforcement agency
9may allow temporary food facilities at a swap meet, depending on
10the food service activity to be conducted, the type of food that is
11to be prepared or served, the duration of the swap meet, and the
12extent of food preparation that is to be conducted at the swap meet.

13

begin deleteSEC. 21.end delete
14begin insertSEC. 22.end insert  

Section 114351 of the Health and Safety Code is
15amended to read:

16

114351.  

(a) Notwithstanding Section 114095, a warewashing
17sink may be shared by no more than four temporary food facilities
18that handle nonprepackaged food if the sink is centrally located
19and is adjacent to the sharing facilities.

20(b) Notwithstanding subdivision (a), based on the number and
21types of utensils used, the local enforcement agency may allow
22up to eight temporary food facilities to share a warewashing sink
23when easily accessible and located within 100 feet of each
24temporary food facility.

25(c) Based on local environmental conditions, location, and
26similar factors, the local enforcement agency may, in lieu of a
27warewashing sink, allow a temporary food facility operating no
28more than four hours per day at a single event to provide an
29adequate supply of utensils and spare utensils when they have been
30properly washed and sanitized at an approved food facility and are
31stored and kept free of becoming soiled or contaminated.

32

begin deleteSEC. 22.end delete
33begin insertSEC. 23.end insert  

Section 114365 of the Health and Safety Code is
34amended to read:

35

114365.  

(a) (1) (A) A “Class A” cottage food operation shall
36not be open for business unless it is registered with the local
37enforcement agency and has submitted a completed,
38self-certification checklist approved by the local enforcement
39agency. The self-certification checklist shall verify that the cottage
P20   1food operation conforms to this chapter, including the following
2requirements:

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

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

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

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

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

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

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

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

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

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

38(iii) Access under this subparagraph is limited to the registered
39area and solely for the purpose of enforcing or administering this
40chapter.

P21   1(iv) A local enforcement agency may seek recovery from a
2“Class A” cottage food operation of an amount that does not exceed
3the local enforcement agency’s reasonable costs of inspecting the
4“Class A” cottage food operation for compliance with this chapter,
5if the “Class A” cottage food operation is found to be in violation
6of this chapter.

7(2) (A) A “Class B” cottage food operation shall not be open
8for business unless it obtains a permit from the local enforcement
9 agency in a manner approved by the local enforcement agency to
10engage in the direct and indirect sale of cottage food products.

11(B) (i) A “Class B” cottage food operation shall comply with
12the requirements described in clauses (i) to (vi), inclusive, of
13subparagraph (A) of paragraph (1) in addition to the other
14requirements of this chapter.

15(ii) The local enforcement agency shall issue a permit number
16after an initial inspection has determined that the proposed “Class
17B” cottage food operation and its method of operation conform to
18this chapter.

19(C) Except as provided in this subparagraph, a “Class B” cottage
20food operation shall not be subject to more than one inspection
21per year by the local enforcement agency.

22(D) A “Class A” cottage food operation shall renew its
23registration annually.

24(i) For purposes of determining compliance with this chapter,
25a representative of a local enforcement agency, for inspection
26purposes, may access the permitted area of a private home where
27a cottage food operation is located only if the representative has,
28on the basis of a consumer complaint, reason to suspect that
29adulterated or otherwise unsafe food has been produced by the
30cottage food operation, or that the cottage food operation has
31violated this chapter.

32(ii) Access under this subparagraph is limited to the permitted
33area and solely for the purpose of enforcing or administering this
34chapter.

35(E) (i) A “Class B” cottage food operation shall be authorized
36to engage in the indirect sales of cottage food products within the
37county in which the “Class B” cottage food operation is permitted.

38(ii) A county may agree to allow a “Class B” cottage food
39operation permitted in another county to engage in the indirect
40sales of cottage food products in the county.

P22   1(b) (1) A registration or permit, once issued, is nontransferable.
2A registration or permit shall be valid only for the person, location,
3type of food sales, and distribution activity specified by that
4registration or permit, and, unless suspended or revoked for cause,
5for the time period indicated.

6(2) The registration or permit or an accurate copy thereof shall
7be retained by the operator onsite at the time of either direct or
8indirect cottage food sale.

9

begin deleteSEC. 23.end delete
10begin insertSEC. 24.end insert  

Section 114365.2 of the Health and Safety Code is
11amended to read:

12

114365.2.  

A cottage food operation that is registered or has a
13permit issued pursuant to Section 114365 shall be considered a
14restricted food service facility for purposes of, and subject to,
15Sections 113953.3, 114259.5, 114285, and 114286. A cottage food
16operation that is registered or has a permit also shall be subject to
17Sections 113967, 113973, 113980, 114259.5, 114405, 114407,
18114409, 114411, and 114413, and to all of the following
19requirements:

20(a) A person with a contagious illness shall refrain from work
21in the registered or permitted area of the cottage food operation.

22(b) A person involved in the preparation or packaging of cottage
23food products shall keep his or her hands and exposed portions of
24his or her arms clean and shall wash his or her hands before any
25food preparation or packaging activity in a cottage food operation.

26(c) Water used during the preparation of cottage food products
27shall meet the potable drinking water standards described in Section
28113869, or in accordance with the local regulatory authority. A
29cottage food operation shall not be required to have an indirect
30sewer connection. Water used during the preparation of cottage
31food products includes all of the following:

32(1) The washing, sanitizing, and drying of any equipment used
33in the preparation of a cottage food product.

34(2) The washing, sanitizing, and drying of hands and arms.

35(3) Water used as an ingredient.

36(d) A person who prepares or packages cottage food products
37shall complete a food processor course approved by the department
38and posted on the department’s Internet Web site to protect the
39public health within three months of becoming registered and every
40three years during operation. The course shall not exceed four
P23   1hours in length. The department shall work with the local
2enforcement agency to ensure that cottage food operators are
3properly notified of the location, date, and time of the classes
4offered.

5(e) A cottage food operation shall properly label all cottage food
6products in compliance with the Federal Food, Drug, and Cosmetic
7Act (21 U.S.C. Sec. 343 et seq.). Additionally, to the extent
8permitted by federal law, the label shall include, but is not limited
9to, all of the following:

10(1) The words “Made in a Home Kitchen” or “Repackaged in
11a Home Kitchen,” as applicable, with a description of any
12purchased whole ready-to-eat product not used as an ingredient in
1312-point type on the cottage food product’s primary display panel.

14(2) The name commonly used for the food product or an
15adequately descriptive name.

16(3) The name of the cottage food operation which produced the
17cottage food product.

18(4) The registration or permit number of the “Class A” or “Class
19B” cottage food operation, respectively, which produced the cottage
20food product and the name of the county of the local enforcement
21agency that issued the permit or registration number.

22(5) The ingredients of the cottage food product, in descending
23order of predominance by weight, if the product contains two or
24more ingredients.

25

begin deleteSEC. 24.end delete
26begin insertSEC. 25.end insert  

No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution for certain
28costs that may be incurred by a local agency or school district
29because, in that regard, this act creates a new crime or infraction,
30eliminates a crime or infraction, or changes the penalty for a crime
31or infraction, within the meaning of Section 17556 of the
32Government Code, or changes the definition of a crime within the
33meaning of Section 6 of Article XIII B of the California
34Constitution.

35However, if the Commission on State Mandates determines that
36this act contains other costs mandated by the state, reimbursement
37to local agencies and school districts for those costs shall be made
P24   1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



O

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