BILL NUMBER: SB 1358	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wolk

                        FEBRUARY 21, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1358, as introduced, Wolk. Food facilities: clean toilet
facilities.
   Existing law, the California Retail Food Code, establishes uniform
health and sanitation standards for retail food facilities and
provides for the enforcement of those standards by local health
agencies and by the State Department of Public Health, as specified.
Among other sanitation standards, the code requires a permanent food
facility to provide clean toilet facilities in good repair for
consumers, guests, or invitees if the food facility was constructed
after July 1, 1984, and has more than 20,000 square feet of floor
space.
   This bill would make technical, nonsubstantive changes to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 114276 of the Health and Safety Code is amended
to read:
   114276.  (a) A permanent food facility shall provide clean toilet
facilities in good repair for use by employees.
   (b) (1) A permanent food facility shall provide clean toilet
facilities in good repair for consumers, guests, or invitees when
there is onsite consumption of foods or  when  
if  the food facility was constructed after July 1, 1984, and
has more than 20,000 square feet of floor space.
   (2) Notwithstanding Section 113984.1, toilet facilities that are
provided for use by consumers, guests, or invitees shall be in a
location where consumers, guests, and invitees do not pass through
food preparation, food storage, or utensil washing areas to reach the
toilet facilities.
   (3) For purposes of this section, a building subject to paragraph
(1) that has a food facility with more than 20,000 square feet of
floor space shall provide at least one separate toilet facility for
men and one separate toilet facility for women.
   (4) For purposes of this section, the gas pump area of a service
station that is maintained in conjunction with a food facility shall
not be considered as property used in connection with the food
facility or be considered in determining the square footage of floor
space of the food facility.
   (c) (1) Toilet rooms shall be separated by well-fitted,
self-closing doors that prevent the passage of flies, dust, or odors.

   (2) Toilet room doors shall be kept closed  ,  except
during cleaning and maintenance operations.
   (d) Handwashing facilities, in good repair, shall be provided as
specified in Sections 113953 and 113953.3.
   (e)  Any   A  city, county, or city and
county may enact ordinances that are more  restrictive
  protective of the public health  than this
section.
   (f) (1) Except as provided in paragraph (1) of subdivision (b),
any building that is constructed before January 1, 2004, that has a
food facility that provides space for the consumption of food on the
premises shall either provide clean toilet facilities in good repair
for consumers, guests, or invitees on property used in connection
with, or in, the food facility or prominently post a sign within the
food facility in a public area stating that toilet facilities are not
provided.
   (2) The first violation of paragraph (1) shall result in a
warning. Subsequent violations shall constitute an infraction
punishable by a fine of not more than two hundred fifty dollars
($250).
   (3) The requirements of this section for toilet facilities that
are accessible to consumers, guests, or invitees on the property may
be satisfied by permitting access by those persons to the toilet and
handwashing facilities that are required by this part.