Amended in Senate August 20, 2013

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,begin delete 114299,114325,end deletebegin insert 114299, 114325,end insert 114332.2, 114335, 114351, 114365, and 114365.2 of, to add Sections 113806, 113807, 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 benefitbegin delete of, and directly related to,end deletebegin insert ofend insert an individual with a disability. The definition would specifically exclude other species of animals, as specified.

The bill would also define “highly susceptible population” and “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).

P5    1(2) A “Class B” cottage food operation, which is a cottage food
2operation that may engage in both direct sales and indirect sales
3of cottage food products from the cottage food operation, from
4direct sales venues described in paragraph (4) of subdivision (b),
5from offsite events, or from a third-party retail food facility
6described in paragraph (5) of subdivision (b).

7(b) For purposes of this section, the following definitions shall
8apply:

9(1) “Cottage food employee” means an individual, paid or
10volunteer, who is involved in the preparation, packaging, handling,
11and storage of a cottage food product, or otherwise works for the
12cottage food operation. An employee does not include an
13immediate family member or household member of the cottage
14food operator.

15(2) “Cottage food operator” means an individual who operates
16a cottage food operation in his or her private home and is the owner
17of the cottage food operation.

18(3) “Cottage food products” means nonpotentially hazardous
19foods, including foods that are described in Section 114365.5 and
20that are prepared for sale in the kitchen of a cottage food operation.

21(4) “Direct sale” means a transaction within the state between
22a cottage food operation operator and a consumer, where the
23consumer purchases the cottage food product directly from the
24cottage food operation. Direct sales include, but are not limited
25to, transactions at holiday bazaars or other temporary events, such
26as bake sales or food swaps, transactions at farm stands, certified
27farmers’ markets, or through community-supported agriculture
28subscriptions, and transactions occurring in person in the cottage
29food operation.

30(5) “Indirect sale” means an interaction between a cottage food
31operation, a third-party retailer, and a consumer, where the
32consumer purchases cottage food products made by the cottage
33food operation from a third-party retailer that holds a valid permit
34issued pursuant to Section 114381. Indirect sales include, but are
35not limited to, sales made to retail shops or to retail food facilities
36where food may be immediately consumed on the premises.

37(6) “Private home” means a dwelling, including an apartment
38or other leased space, where individuals reside.

39(7) “Registered or permitted area” means the portion of a private
40home that contains the private home’s kitchen used for the
P6    1preparation, packaging, storage, or handling of cottage food
2products and related ingredients or equipment, or both, and attached
3rooms within the home that are used exclusively for storage.

4

SEC. 2.  

Section 113806 is added to the Health and Safety Code,
5to read:

6

113806.  

“Highly susceptible population” means a group of
7persons who are more likely than other people in the general
8population to experience foodborne disease because both of the
9following conditions exist:

10(a) The group is comprised of immunocompromised persons,
11preschool age children, or older adults.

12(b) The group obtains food at a facility, including, but not
13limited to, abegin delete child or adult day care center,end delete kidney dialysis center,
14hospital, nursing home, or senior center, that provides services,
15such as custodial care, health care, assisted living, or socialization
16services.

17

SEC. 3.  

Section 113807 is added to the Health and Safety Code,
18to read:

19

113807.  

“Hot dog” means a whole, cured, cooked sausage that
20is skinless or stuffed in a casing, that may be known as a
21frankfurter, frank, furter, wiener, red hot, vienna, bologna, garlic
22bologna, or knockwurst, and that may be served in a bun or roll.

23

SEC. 4.  

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

SEC. 5.  

Section 113903 of the Health and Safety Code is
18amended to read:

19

113903.  

(a) “Service animal” means any dog that is
20individually trained to do work or perform tasks for the benefit of
21an individual with a disability, including a physical, sensory,
22psychiatric, intellectual, or other mental disabilitybegin insert, orend insertbegin insert that is in
23training to do that work or perform those tasksend insert
. “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 shallbegin delete be
27directly related to the individual’s disability. Examples of work
28or tasks include, but are not limited to,end delete
begin insert includeend insert assisting individuals
29who are 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,begin delete andend deletebegin insert orend insert helping persons with psychiatric and
37neurological disabilities by preventing or interrupting impulsive
38or destructive behaviors. The crime deterrent effects of an animal’s
39presence and the provision of emotional support, well-being,
P8    1comfort, or companionship do not constitute work or tasks for the
2purposes of this subdivision.

3

SEC. 6.  

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

5

113949.2.  

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

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

15(1) Salmonella typhi.

16(2) Salmonella spp.

17(3) Shigella spp.

18(4) Entamoeba histolytica.

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

21(6) Hepatitis A virus.

22(7) Norovirus.

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

24(1) On the hands or wrists, unless an impermeable cover such
25as a finger cot or stall protects the wound and a single-use glove
26is worn over the impermeable cover.

27(2) On exposed portions of the arms, unless the wound is
28protected by an impermeable cover.

29(3) On other parts of the body, unless the wound is covered by
30a dry, durable, tight-fitting bandage.

31

SEC. 7.  

Section 113953.3 of the Health and Safety Code is
32amended to read:

33

113953.3.  

(a) Except as specified in subdivision (b), all
34employees shall thoroughly wash their hands and that portion, if
35any, of their arms exposed to direct food contact with cleanser and
36warm water by vigorously rubbing together the surfaces of their
37lathered hands and arms for at least 10 to 15 seconds and
38thoroughly rinsing with clean running water followed by drying
39of cleaned hands and that portion, if any, of their arms exposed.
40Employees shall pay particular attention to the areas underneath
P9    1the fingernails and between the fingers. Employees shall wash
2their hands in all of the following instances:

3(1) Immediately before engaging in food preparation, including
4working with nonprepackaged food, clean equipment and utensils,
5 and unwrapped single-use food containers and utensils.

6(2) After touching bare human body parts other than clean hands
7and clean, exposed portions of arms.

8(3) After using the toilet room.

9(4) After caring for or handling any animal allowed in a food
10facility pursuant to this part.

11(5) After coughing, sneezing, using a handkerchief or disposable
12tissue, using tobacco, eating, or drinking.

13(6) After handling soiled equipment or utensils.

14(7) During food preparation, as often as necessary to remove
15soil and contamination and to prevent cross-contamination when
16changing tasks.

17(8) When switching between working with raw food and
18working with ready-to-eat food.

19(9) Before initially donning gloves for working with foodbegin delete and
20when changing gloves as required in Section 113973. Handwashing
21is not required between glove changes when no contamination of
22the gloves or hands has occurredend delete
.

23(10) Before dispensing or serving food or handling clean
24tableware and serving utensils in the food service area.

25(11) After engaging in other activities that contaminate the
26hands.

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

31

SEC. 8.  

Section 113961 of the Health and Safety Code is
32repealed.

33

SEC. 9.  

Section 113961 is added to the Health and Safety Code,
34to read:

35

113961.  

(a) Food employees shall wash their hands in
36accordance with the provisions established in Section 113953.3.

37(b) Except when washing fruits and vegetables, as specified in
38Section 113992 or as specified in subdivisions (e) and (f), food
39employees shall not contact exposed, ready-to-eat food with their
P10   1bare hands and shall use suitable utensils such as deli tissue,
2spatulas, tongs, single-use gloves, or dispensing equipment.

3(c) Food employees shall minimize bare hand and arm contact
4with exposed food that is not in a ready-to-eat form.

5(d) Food that has been served to a consumer and then wrapped
6orbegin delete prepackagedend deletebegin insert packagedend insert at the direction of the consumer, such
7as food placed in a take-home container, shall be handled only
8with utensils. These utensils shall be properly sanitized before
9reuse.

10(e) Subdivision (b) does not apply to a food employee who
11contacts exposed, ready-to-eat food with bare hands at the time
12the ready-to-eat food is being added as an ingredient to a food that
13meets either of the following:

14(1) Food that contains a raw animal food and is to be cooked in
15the food establishment to heat all parts of the food to the minimum
16temperatures specified in subdivisions (a) and (b) of Section
17114004 or in Section 114008.

18(2) Food that does not contain a raw animal food but is to be
19cooked in the food establishment to heat all parts of the food to a
20temperature of at least 165 degrees Fahrenheit.

21(f) Food employees not serving a highly susceptible population
22may contact exposed, ready-to-eat food with their bare hands if
23all of the following occur:

24(1) The permitholder obtains prior approval from the regulatory
25authority.

26(2) Written procedures are maintained in the food facility and
27made available to the regulatory authority upon request, that
28include all of the following:

29(A) For each bare hand contact procedure, a listing of the
30specific ready-to-eat foods that are touched by bare hands.

31(B) Diagrams and other information showing that handwashing
32facilities that are installed, located, and maintained in accordance
33with Sections 113953, 113953.1, and 113953.2, are in an easily
34 accessible location and in close proximity to the work station where
35the bare hand contact procedure is conducted.

36(3) A written employee health policy that details the manner in
37which the food facility complies with Sections 113949, 113949.1,
38113949.2, 113949.3, 113949.4, 113949.5, 113950, and 113950.5,
39including all of the following:

P11   1(A) Documentation that food employeesbegin delete and conditional
2employeesend delete
acknowledge that they are informed to report
3information about their health and activities as they relate to
4gastrointestinal symptoms and diseases that are transmittable
5through food as specified in Section 113949.1.

6(B) Documentation that food employeesbegin delete and conditional
7employeesend delete
acknowledge their responsibilities as specified in
8Section 113949.4.

9(C) Documentation that the person in charge acknowledges the
10responsibilities specified inbegin delete Sectionsend deletebegin insert Sectionend insert 113949.5,begin insert subdivision
11(b) of Sectionend insert
113950, and begin insertSection end insert113950.5.

12(4) Documentation that food employees acknowledge that they
13have received training in all of the following:

14(A) The risks of contacting the specific ready-to-eat foods with
15bare hands.

16(B) Proper handwashing techniques and requirements, pursuant
17to subdivision (a) of Section 113953.3.

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

19(D) Proper fingernail maintenance, as specified in Section
20113968.

21(E) Prohibition of jewelry, as specified in subdivision (a) of
22Section 113973.

23(F) Good hygienic practices, as specified in Sections 113974
24and 113977.

25(5) Documentation that hands are washed before food
26preparation and as necessary to prevent cross-contamination by
27food employees, as specified in Sections 113952, 113953.1, and
28113953.3 during all hours of operation when the specific
29ready-to-eat foods are prepared.

30(6) Documentation that food employees contacting ready-to-eat
31foods with bare hands use two or more of the following control
32measures to provide additional safeguards to hazards associated
33with bare hand contact:

34(A) Double handwashing.

35(B) Nail brushes.

36(C) A hand antiseptic after handwashing, as specified in Section
37113953.4.

38(D) Incentive programs such as paid sick leave that assist or
39encourage food employees not to report to work if they are ill.

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

P12   1(7) Documentation that corrective action is taken when the
2requirements specified in paragraphs (1) to (6), inclusive, are not
3followed.

4

SEC. 10.  

Section 113973 of the Health and Safety Code is
5amended to read:

6

113973.  

(a) Single-use gloves shall be worn when contacting
7food and food-contact surfaces if the employee has any cuts, sores,
8rashes, artificial nails, nail polish, rings (other than a plain ring,
9such as a wedding band), uncleanable orthopedic support devices,
10or fingernails that are not clean, smooth, or neatly trimmed.

11(b) Whenever gloves are worn, they shall be changed, replaced,
12or washed as often as handwashing is required by this part.
13Single-use gloves shall not be washed.

14(c) If used, single-use gloves shall be used for only one task,
15such as working with ready-to-eat food or with raw food of animal
16origin, used for no other purpose, and shall be discarded when
17damaged or soiled, or when interruptions in the food handling
18occur.

19(d) Except as specified in subdivision (e), slash-resistant gloves
20that are used to protect the hands during operations requiring
21cutting shall be used only with food that is subsequently cooked
22as specified in Section 114004, such as frozen food or a primal
23cut of meat.

24(e) Slash-resistant gloves may be used with ready-to-eat food
25that will not be subsequently cooked if the slash-resistant gloves
26have a smooth, durable, and nonabsorbent outer surface or if the
27slash-resistant gloves are covered with a smooth, durable,
28nonabsorbent glove, or a single-use glove.

29(f) Cloth gloves may not be used in direct contact with food
30unless the food is subsequently cooked.

31

SEC. 11.  

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

33

113975.  

(a) Except as provided in subdivision (b), an employee
34who has a wound that is open or draining shall not handle food.

35(b) A food employee who has a wound is restricted from food
36handling unless the food employee complies with all of the
37following:

38(1) If the wound is located on the hand or wrist, an impermeable
39cover, such as a finger cot or stall, shall protect the wound. A
40single-use glove shall be worn over the impermeable cover.

P13   1(2) If the wound is located on exposed portions of the arms, an
2impermeable cover shall protect the wound.

3(3) If the wound is located on other parts of the body, a dry,
4durable, tight-fitting bandage shall cover the wound.

5(4) For purposes of this section, a wound also includes a cut,
6sore, rash, or lesion.

7

SEC. 12.  

Section 114047 of the Health and Safety Code is
8amended to read:

9

114047.  

(a) Adequate and suitable space shall be provided for
10the storage of food.

11(b) Except as specified in subdivisions (c), (d), and (e), food
12shall be protected from contamination by storing the food in a
13clean, dry location, where it is not exposed to splash, dust, vermin,
14or other forms of contamination or adulteration, and at least six
15inches above the floor.

16(c) Food in packages and working containers may be stored less
17than six inches above the floor on case lot handling equipment as
18specified under Section 114165.

19(d) Pressurized beverage containers, cased food in waterproof
20containers such as bottles or cans, and milk containers in plastic
21crates may be stored on a floor that is clean and not exposed to
22moisture.

23(e) Temporary alternate food storage methods and locations
24may be approved by the local enforcement agency.

25

SEC. 13.  

Section 114099.7 of the Health and Safety Code is
26amended to read:

27

114099.7.  

Mechanical sanitization shall be accomplished in
28the final sanitizing rinse by one of the following:

29(a) By being cycled through equipment that is used in
30accordance with the manufacturer’s specifications and achieving
31a utensil surface temperature of 160ºF as measured by an
32irreversible registering temperature indicator.

33(b) The mechanical application of sanitizing chemicals by
34pressure spraying methods using one of the following solutions:

35(1) Contact with a solution of 50 ppm available chlorine for at
36least 30 seconds.

37(2) Contact with a solution of 25 ppm available iodine for at
38least one minute.

P14   1(3) Contact with any chemical sanitizer that meets the
2requirements of Section 180.940 of Title 40 of the Code of Federal
3Regulations when used in accordance with the following:

4(A) The sanitizer manufacturer’s use directions as specified on
5the product label.

6(B) The machine manufacturer’s specifications as provided in
7the manufacturer’s operating instructions.

8(c) After being cleaned and sanitized, equipment and utensils
9shall not be rinsed before air drying or use unless:

10(1) The rinse is applied directly from a potable water supply by
11a warewashing machine that meets the requirements of subdivision
12(b) of Section 114130 and is maintained and operated in accordance
13with the manufacturer’s specifications.

14(2) The rinse is applied only after the equipment and utensils
15have been sanitized by the application of hot water or by the
16application of a chemical sanitizer solution whose United States
17Environmental Protection Agency-registered, label use instructions
18require rinsing off the sanitizer after it is applied in an approved
19commercial warewashing machine.

20

SEC. 14.  

Section 114268 of the Health and Safety Code is
21amended to read:

22

114268.  

(a) Except in sales areas and as otherwise specified
23in subdivision (d), the floor surfaces in all areas in which food is
24prepared, prepackaged, or stored, where any utensil is washed,
25where refuse or garbage is stored, where janitorial facilities are
26located in all toilet and handwashing areas, except with respect to
27areas relating to guestroom accommodations and the private
28accommodations of owners and operators in restricted food service
29facilities, shall be smooth and of durable construction and
30nonabsorbent material that is easily cleanable.

31(b) Floor surfaces shall be coved at the juncture of the floor and
32wall with a 38 inch minimum radius coving and shall extend up
33the wall at least 4 inches, except in areas where food is stored only
34in unopened bottles, cans, cartons, sacks, or other original shipping
35containers.

36(c)  Public or private schools constructed or remodeled after the
37effective date of this part shall comply with subdivision (b). Public
38and private schools constructed before the effective date of this
39part need not comply with subdivision (b), provided that the
P15   1existing floor surfaces are maintained in good repair and in a
2sanitary condition.

3(d) Except for dining and serving areas, the use of sawdust,
4wood shavings, peanut hulls, or similar materials is prohibited.

5(e) This section shall not prohibit the use of approved
6dust-arresting floor sweeping and cleaning compounds during floor
7cleaning operations or the use of antislip floor finishes or materials
8in areas where necessary for safety reasons.

9

SEC. 15.  

Section 114271 of the Health and Safety Code is
10amended to read:

11

114271.  

(a) Except as provided in subdivision (b), the walls
12and ceilings of all rooms shall be of a durable, smooth,
13nonabsorbent, and easily cleanable surface.

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

15(1) Walls and ceilings of bar areas in which alcoholic beverages
16are sold or served directly to the consumers, except wall areas
17adjacent to bar sinks and areas where food is prepared.

18(2) Areas where food is stored only in unopened bottles, cans,
19cartons, sacks, or other original shipping containers.

20(3) Dining and sales areas.

21(4) Offices.

22(5) Restrooms that are used exclusively by the consumers, except
23that the walls and ceilings in the restrooms shall be of a
24nonabsorbent and washable surface.

25(6) Dressing rooms, dressing areas, or locker areas.

26(c) Acoustical paneling may be utilized if it is installed not less
27than six feet above the floor. The paneling shall meet the other
28requirements of this section.

29(d) Conduits of all types shall be installed within walls as
30practicable. When otherwise installed, they shall be mounted or
31enclosed so as to facilitate cleaning.

32(e) Attachments to walls and ceilings, such as light fixtures,
33 mechanical room ventilation system components, vent covers, wall
34mounted fans, decorative items, and other attachments, shall be
35easily cleanable.

36

SEC. 16.  

Section 114294 of the Health and Safety Code is
37amended to read:

38

114294.  

(a) All mobile food facilities and mobile support units
39shall meet the applicable requirements in Chapter 1 (commencing
40with Section 113700) to Chapter 8 (commencing with Section
P16   1114250), inclusive, Chapter 12.6 (commencing with Section
2114377), and Chapter 13 (commencing with Section 114380),
3unless specifically exempted from any of these provisions as
4provided in this chapter.

5(b) The enforcement agency shall initially approve all mobile
6food facilities and mobile support units as complying with the
7provisions of this chapter and may require reapproval if deemed
8necessary.

9(c) Each mobile food facility that is either a special purpose
10commercial modular and coach as defined by Section 18012.5 or
11a commercial modular coach as defined by Section 18001.8 shall
12be certified by the Department of Housing and Community
13Development, consistent with Chapter 4 (commencing with Section
1418025) of Part 2 of Division 13, and regulations promulgated
15pursuant to that chapter. In addition, the enforcement agency shall
16approve all equipment installation prior to operation.

17

SEC. 17.  

Section 114295 of the Health and Safety Code is
18amended to read:

19

114295.  

(a) Except as specified in subdivision (b), all mobile
20food facilities shall operate in conjunction with a commissary,
21mobile support unit, or other facility approved by the enforcement
22agency.

23(b) This section does not apply to mobile food facilities that
24operate at community events as defined in Section 113755 and
25that remain in a fixed position during food preparation and its
26hours of operation, if potable water and liquid waste disposal
27facilities are available to mobile food facilities requiring potable
28water.

29(c) Mobile food facilities shall be stored at or within a
30commissary or other location approved by the enforcement agency
31in order to have protection from unsanitary conditions.

32(d) Mobile support units shall be operated from and stored at a
33designated commissary and shall be subject to permitting and plan
34review.

35(e) Notwithstanding any other provisions of this section, a
36mobile food facility that is engaged in food preparation, other than
37limited food preparation, as defined in Section 113818, shall not
38operate in conjunction with a mobile support unit.

39

SEC. 18.  

Section 114299 of the Health and Safety Code is
40amended to read:

P17   1

114299.  

(a) Except as specified in subdivision (c), the business
2name or name of the operator, city, state, ZIP Code, and name of
3the permittee, if different from the name of the food facility, shall
4be legible, clearly visible to consumers, and permanently affixed
5on the consumer side of the mobile food facility and on a mobile
6support unit.

7(b) The business name shall be in letters at least 3 inches high.
8Letters and numbers for the city, state, and ZIP Code shall not be
9less than one inch high. The color of each letter and number shall
10contrast with its background.

11(c) Notwithstanding subdivision (a), motorized mobile food
12facilities and mobile support units shall have the required
13identification on two sides.

14

SEC. 19.  

Section 114325 of the Health and Safety Code is
15amended to read:

16

114325.  

(a) Except on a mobile food facility that only utilizes
17the water for handwashing purposes, a water heater or an
18instantaneous heater capable of heating water to a minimum of
19120ºF, interconnected with a potable water supply, shall be
20provided and shall operate independently of the vehicle engine.
21On a mobile food facility that only utilizes the water for
22handwashing purposes, a minimum one-half gallon-capacity water
23heater or an instantaneous water heater capable of heating water
24to a minimum of 100°F, interconnected with a potable water
25supply, shall be provided and shall operate independently of the
26vehicle engine.

27(b) A water heater with a minimum capacity of four gallons
28shall be provided for mobile food facilities that have a warewashing
29sink.

30(c) A mobile food facility equipped with a three-gallon-capacity
31water heater that is in compliance with this section on January 1,
322014, is in compliance with this section after that date.

33

SEC. 20.  

Section 114332.2 of the Health and Safety Code is
34amended to read:

35

114332.2.  

(a) Except where all food and beverage is
36prepackaged, handwashing andbegin delete utensil washingend deletebegin insert warewashingend insert
37 facilities approved by the enforcement officer shall be provided
38for nonprofit charitable temporary food facilities.begin insert Each nonprofit
39charitable temporary food facility shall be equipped with a
40handwashing facility.end insert
Based on local environmental conditions,
P18   1location, and similar factors, the local enforcement agency may,
2in lieu ofbegin delete aend delete warewashingbegin delete sink,end deletebegin insert facilities,end insert allow a nonprofit charitable
3temporary food facility operating no more than four hours per day
4at a single event to provide an adequate supply of utensils and
5spare utensils when they have been properly washed and sanitized
6at an approved food facility and are stored and kept free of
7becoming soiled or contaminated.

8(b) Facilities for the sanitary disposal of all liquid waste shall
9be subject to the approval of the enforcement officer.

10(c) At least one toilet facility for each 15 employees shall be
11provided within 60 meters (200 feet) of each nonprofit charitable
12temporary food facility.

13(d) Food contact surfaces shall be smooth, easily cleanable, and
14nonabsorbent.

15

SEC. 21.  

Section 114335 of the Health and Safety Code is
16amended to read:

17

114335.  

(a) Temporary food facilities that operate at a swap
18meet are limited to only prepackaged nonpotentially hazardous
19food and whole uncut produce, and shall meet the applicable
20requirements in Chapter 1 (commencing with Section 113700) to
21Chapter 8 (commencing with Section 114250), inclusive, Chapter
2212.6 (commencing with Section 114377), and Chapter 13
23(commencing with Section 114380), unless specifically exempted
24from any of these provisions.

25(b) Temporary food facilities that operate at a community event
26shall meet the applicable requirements in Chapter 1 (commencing
27with Section 113700) to Chapter 8 (commencing with Section
28114250), inclusive, Chapter 12.6 (commencing with Section
29114377), and Chapter 13 (commencing with Section 114380),
30unless specifically exempted from any of these provisions.

31(c) Food facility requirements shall be determined by the
32enforcement agency based on the food service activity to be
33conducted, the type of food that is to be prepared or served, the
34length of the event, and the extent of food preparation that is to be
35conducted at a community event within a temporary food facility.

36(d) Notwithstanding subdivision (a), the enforcement agency
37may allow temporary food facilities at a swap meet, depending on
38the food service activity to be conducted, the type of food that is
39to be prepared or served, the duration of the swap meet, and the
40extent of food preparation that is to be conducted at the swap meet.

P19   1

SEC. 22.  

Section 114351 of the Health and Safety Code is
2amended to read:

3

114351.  

(a) Notwithstanding Section 114095, a warewashing
4sink may be shared by no more than four temporary food facilities
5that handle nonprepackaged food if the sink is centrally located
6and is adjacent to the sharing facilities.

7(b) Notwithstanding subdivision (a), based on the number and
8types of utensils used, the local enforcement agency may allow
9up to eight temporary food facilities to share a warewashing sink
10when easily accessible and located within 100 feet of each
11temporary food facility.

12(c) Based on local environmental conditions, location, and
13similar factors, the local enforcement agency may, in lieu of a
14warewashing sink, allow a temporary food facility operating no
15more than four hours per day at a single event to provide an
16adequate supply of utensils and spare utensils when they have been
17properly washed and sanitized at an approved food facility and are
18stored and kept free of becoming soiled or contaminated.

19

SEC. 23.  

Section 114365 of the Health and Safety Code is
20amended to read:

21

114365.  

(a) (1) (A) A “Class A” cottage food operation shall
22not be open for business unless it is registered with the local
23enforcement agency and has submitted a completed,
24self-certification checklist approved by the local enforcement
25agency. The self-certification checklist shall verify that the cottage
26food operation conforms to this chapter, including the following
27requirements:

28(i) No cottage food preparation, packaging, or handling may
29occur in the home kitchen concurrent with any other domestic
30activities, such as family meal preparation, dishwashing, clothes
31washing or ironing, kitchen cleaning, or guest entertainment.

32(ii) No infants, small children, or pets may be in the home
33kitchen during the preparation, packaging, or handling of any
34cottage food products.

35(iii) Kitchen equipment and utensils used to produce cottage
36food products shall be clean and maintained in a good state of
37repair.

38(iv) All food contact surfaces, equipment, and utensils used for
39the preparation, packaging, or handling of any cottage food
40products shall be washed, rinsed, and sanitized before each use.

P20   1(v) All food preparation and food and equipment storage areas
2shall be maintained free of rodents and insects.

3(vi) Smoking shall be prohibited in the portion of a private home
4used for the preparation, packaging, storage, or handling of cottage
5food products and related ingredients or equipment, or both, while
6cottage food products are being prepared, packaged, stored, or
7handled.

8(B) (i) The department shall post the requirements described
9in subparagraph (A) on its Internet Web site.

10(ii) The local enforcement agency shall issue a registration
11number to a “Class A” cottage food operation that meets the
12requirements of subparagraph (A).

13(C) (i) Except as provided in (ii), a “Class A” cottage food
14operation shall not be subject to initial or routine inspections.

15(ii) For purposes of determining compliance with this chapter,
16a representative of a local enforcement agency may access, for
17inspection purposes, the registered area of a private home where
18a cottage food operation is located only if the representative has,
19on the basis of a consumer complaint, reason to suspect that
20adultered or otherwise unsafe food has been produced by the
21cottage food operation or that the cottage food operation has
22violated this chapter.

23(iii) Access under this subparagraph is limited to the registered
24area and solely for the purpose of enforcing or administering this
25chapter.

26(iv) A local enforcement agency may seek recovery from a
27“Class A” cottage food operation of an amount that does not exceed
28the local enforcement agency’s reasonable costs of inspecting the
29“Class A” cottage food operation for compliance with this chapter,
30if the “Class A” cottage food operation is found to be in violation
31of this chapter.

32(2) (A) A “Class B” cottage food operation shall not be open
33for business unless it obtains a permit from the local enforcement
34 agency in a manner approved by the local enforcement agency to
35engage in the direct and indirect sale of cottage food products.

36(B) (i) A “Class B” cottage food operation shall comply with
37the requirements described in clauses (i) to (vi), inclusive, of
38subparagraph (A) of paragraph (1) in addition to the other
39requirements of this chapter.

P21   1(ii) The local enforcement agency shall issue a permit number
2after an initial inspection has determined that the proposed “Class
3B” cottage food operation and its method of operation conform to
4this chapter.

5(C) Except as provided in this subparagraph, a “Class B” cottage
6food operation shall not be subject to more than one inspection
7per year by the local enforcement agency.

8(D) A “Class A” cottage food operation shall renew its
9registration annually.

10(i) For purposes of determining compliance with this chapter,
11a representative of a local enforcement agency, for inspection
12purposes, may access the permitted area of a private home where
13a cottage food operation is located only if the representative has,
14on the basis of a consumer complaint, reason to suspect that
15adulterated or otherwise unsafe food has been produced by the
16cottage food operation, or that the cottage food operation has
17violated this chapter.

18(ii) Access under this subparagraph is limited to the permitted
19area and solely for the purpose of enforcing or administering this
20chapter.

21(E) (i) A “Class B” cottage food operation shall be authorized
22to engage in the indirect sales of cottage food products within the
23county in which the “Class B” cottage food operation is permitted.

24(ii) A county may agree to allow a “Class B” cottage food
25operation permitted in another county to engage in the indirect
26sales of cottage food products in the county.

27(b) (1) A registration or permit, once issued, is nontransferable.
28A registration or permit shall be valid only for the person, location,
29type of food sales, and distribution activity specified by that
30registration or permit, and, unless suspended or revoked for cause,
31for the time period indicated.

32(2) The registration or permit or an accurate copy thereof shall
33be retained by the operator onsite at the time of either direct or
34indirect cottage food sale.

35

SEC. 24.  

Section 114365.2 of the Health and Safety Code is
36amended to read:

37

114365.2.  

A cottage food operation that is registered or has a
38permit issued pursuant to Section 114365 shall be considered a
39restricted food service facility for purposes of, and subject to,
40Sections 113953.3, 114259.5, 114285, and 114286. A cottage food
P22   1operation that is registered or has a permit also shall be subject to
2Sections 113967, 113973, 113980, 114259.5, 114405, 114407,
3114409, 114411, and 114413, and to all of the following
4requirements:

5(a) A person with a contagious illness shall refrain from work
6in the registered or permitted area of the cottage food operation.

7(b) A person involved in the preparation or packaging of cottage
8food products shall keep his or her hands and exposed portions of
9his or her arms clean and shall wash his or her hands before any
10food preparation or packaging activity in a cottage food operation.

11(c) Water used during the preparation of cottage food products
12shall meet the potable drinking water standards described in Section
13113869, or in accordance with the local regulatory authority. A
14cottage food operation shall not be required to have an indirect
15sewer connection. Water used during the preparation of cottage
16food products includes all of the following:

17(1) The washing, sanitizing, and drying of any equipment used
18in the preparation of a cottage food product.

19(2) The washing, sanitizing, and drying of hands and arms.

20(3) Water used as an ingredient.

21(d) A person who prepares or packages cottage food products
22shall complete a food processor course approved by the department
23and posted on the department’s Internet Web site to protect the
24public health within three months of becoming registered and every
25three years during operation. The course shall not exceed four
26hours in length. The department shall work with the local
27enforcement agency to ensure that cottage food operators are
28properly notified of the location, date, and time of the classes
29offered.

30(e) A cottage food operation shall properly label all cottage food
31products in compliance with the Federal Food, Drug, and Cosmetic
32Act (21 U.S.C. Sec. 343 et seq.). Additionally, to the extent
33permitted by federal law, the label shall include, but is not limited
34to, all of the following:

35(1) The words “Made in a Home Kitchen” or “Repackaged in
36a Home Kitchen,” as applicable, with a description of any
37purchased whole ready-to-eat product not used as an ingredient in
3812-point type on the cottage food product’s primary display panel.

39(2) The name commonly used for the food product or an
40adequately descriptive name.

P23   1(3) The name of the cottage food operation which produced the
2cottage food product.

3(4) The registration or permit number of the “Class A” or “Class
4B” cottage food operation, respectively, which produced the cottage
5food product and the name of the county of the local enforcement
6agency that issued the permit or registration number.

7(5) The ingredients of the cottage food product, in descending
8order of predominance by weight, if the product contains two or
9more ingredients.

10

SEC. 25.  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution for certain
12costs that may be incurred by a local agency or school district
13because, in that regard, this act creates a new crime or infraction,
14eliminates a crime or infraction, or changes the penalty for a crime
15or infraction, within the meaning of Section 17556 of the
16Government Code, or changes the definition of a crime within the
17meaning of Section 6 of Article XIII B of the California
18Constitution.

19However, if the Commission on State Mandates determines that
20this act contains other costs mandated by the state, reimbursement
21to local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.



O

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