California Legislature—2015–16 Regular Session

Assembly BillNo. 724


Introduced by Assembly Member Dodd

February 25, 2015


An act to amend Section 114335 of the Health and Safety Code, relating to food safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 724, as introduced, Dodd. Temporary food facilities.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, including temporary food facilities, by the State Department of Public Health. Existing law provides that local health agencies are primarily responsible for enforcing this code. A violation of any provision of the code is generally punishable as a misdemeanor. Existing law limits the service of temporary food facilities that operate at a swap meet to only prepackaged nonpotentially hazardous food and whole, uncut produce, and requires those temporary food facilities and temporary food facilities that operate at a community event to meet specified requirements.

This bill would make a technical, nonsubstantive change to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

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

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114335.  

(a) Temporary food facilities that operate at a swap
2meet are limited to only prepackaged nonpotentially hazardous
3food andbegin delete wholeend deletebegin insert whole,end insert uncut produce, and shall meet the applicable
4requirements in Chapter 1 (commencing with Section 113700) to
5Chapter 8 (commencing with Section 114250), inclusive, Chapter
612.6 (commencing with Section 114377), and Chapter 13
7(commencing with Section 114380), unless specifically exempted
8from any of these provisions.

9(b) Temporary food facilities that operate at a community event
10shall meet the applicable requirements in Chapter 1 (commencing
11 with Section 113700) to Chapter 8 (commencing with Section
12114250), inclusive, Chapter 12.6 (commencing with Section
13114377), and Chapter 13 (commencing with Section 114380),
14unless specifically exempted from any of these provisions.

15(c) Food facility requirements shall be determined by the
16enforcement agency based on the food service activity to be
17conducted, the type of food that is to be prepared or served, the
18length of the event, and the extent of food preparation that is to be
19conducted at a community event within a temporary food facility.

20(d) Notwithstanding subdivision (a), the enforcement agency
21may allow temporary food facilities at a swap meet, depending on
22the food service activity to be conducted, the type of food that is
23to be prepared or served, the duration of the swap meet, and the
24extent of food preparation that is to be conducted at the swap meet.



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