BILL NUMBER: AB 635 CHAPTERED 10/10/99 CHAPTER 879 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 9, 1999 PASSED THE ASSEMBLY SEPTEMBER 8, 1999 PASSED THE SENATE SEPTEMBER 3, 1999 AMENDED IN SENATE AUGUST 30, 1999 AMENDED IN SENATE JULY 1, 1999 AMENDED IN SENATE JUNE 14, 1999 AMENDED IN ASSEMBLY APRIL 22, 1999 AMENDED IN ASSEMBLY APRIL 5, 1999 INTRODUCED BY Assembly Member Campbell (Coauthor: Senator Kelley) FEBRUARY 23, 1999 An act to amend Sections 113823, 113996, 113997, 114020, 114060, 114265, 114317, 114321, 114322, 114325, 114332.2, and 114332.3 of, to add Article 12.5 (commencing with Section 114300) to Chapter 4 of Part 7 of, to repeal Sections 114086 and 114332.6 of, and to repeal and add Article 12 (commencing with Section 114285) of Chapter 4 of Part 7 of, the Health and Safety Code, relating to food facilities. LEGISLATIVE COUNSEL'S DIGEST AB 635, Campbell. Food facilities. Existing law imposes certain sanitation requirements on food facilities that are administered by the State Department of Health Services and enforced by local health officers, among others. Under existing law, a violation of any of these provisions is punishable as a misdemeanor. Existing law requires raw eggs to be stored under specified conditions commencing January 1, 1998, and until January 1, 2000. This bill would delete those dates thereby continuing the applicability of the requirements for egg storage indefinitely. By extending the enforcement duties performed by local health officers, this bill would impose a state-mandated local program. Existing law imposes various requirements on nonprofit charitable temporary food facilities including that all food be prepared in a food establishment or on the premises of a nonprofit charitable temporary food facility. Existing law also prohibits any food or beverage stored or prepared in a private home from being offered for sale, sold, or given away from a nonprofit charitable temporary food facility. This bill would revise these provisions to prohibit any potentially hazardous food or beverage stored or prepared in a private home from being offered for sale, sold, or given away from a nonprofit charitable temporary food facility, and would require this food to be prepared in a food establishment or on the premises of a nonprofit charitable temporary food facility. Existing law imposes various requirements on nonprofit charitable temporary food facilities with regard to the condition of the floors, walls, and ceilings of the facility. Existing law also requires each local enforcement agency to annually report to the department regarding the adequacy of the standards applied by specified sanitation provisions to any nonprofit charitable temporary food facilities operating within its jurisdiction, and requires the department to review these reports and confer with the California Conference of Directors of Environmental Health and with affected industry groups. This bill would repeal the above requirements. Existing law, until January 1, 2001, contains cooking requirements relating to ready-to-eat foods prepared from raw or incompletely cooked animal tissues. This bill would revise these requirements and would delete that repeal date thereby continuing the applicability of these requirements indefinitely. The bill would, among other things, revise employee food handling and food facility sanitation provisions, and would revise and recast provisions relating to mobile food preparation units, stationary mobile food preparation units, and commissaries. By changing the definition of, and eliminating, certain existing crimes relating to retail food facilities, this bill would impose a state-mandated local program. 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 113823 of the Health and Safety Code is amended to read: 113823. "Nonprofit charitable temporary food facilities" means a temporary food facility, as defined in Section 113895, that is conducted and operated by a corporation incorporated pursuant to the Nonprofit Corporation Law (Div. 2 (commencing with Section 5000), Title 1, Corp. C.), that is exempt from taxation pursuant to paragraphs (1) to (10), inclusive, and paragraph (19) of Section 501 (c) of the Internal Revenue Code and Section 23701d of the Revenue and Taxation Code. SEC. 2. Section 113996 of the Health and Safety Code is amended to read: 113996. (a) All ready-to-eat foods prepared at the food facility from raw or incompletely cooked animal tissues shall be thoroughly cooked prior to serving. For purposes of this subdivision, food shall be deemed to be thoroughly cooked if it conforms to the following requirements, except as specified in subdivision (b): (1) Comminuted meat or any food containing comminuted meat shall be heated to a minimum internal temperature of 69 degrees Celsius (157 degrees Fahrenheit), or an optional internal temperature of 68 degrees Celsius (155 degrees Fahrenheit) for 15 seconds. (2) Eggs and foods containing raw eggs shall be heated to a minimum internal temperature of 63 degrees Celsius (145 degrees Fahrenheit). (3) Pork shall be heated to a minimum internal temperature of 68 degrees Celsius (155 degrees Fahrenheit). (4) Poultry, comminuted poultry, stuffed fish, stuffed meat, stuffed poultry, and any food stuffed with fish, meat, or poultry shall be heated to a minimum internal temperature of 74 degrees Celsius (165 degrees Fahrenheit). (b) When foods containing raw or incompletely cooked animal tissues specified in this section are prepared in a microwave oven, they shall be heated at a minimum internal temperature of at least 14 degrees Celsius (25 degrees Fahrenheit) above the minimum temperatures specified in subdivision (a). During microwaving, the food shall be completely enclosed in a container and periodically stirred or rotated to assure even heat distribution. Upon the completion of microwaving, the enclosed food shall be left standing for a minimum of two minutes to assure temperature equilibrium. This subdivision does not apply to the heating of ready-to-eat cooked foods or the defrosting of food items. (c) A ready-to-eat salad dressing or sauce containing a raw or less-than-thoroughly cooked egg as an ingredient, and other ready-to-eat foods made from or containing eggs, comminuted meat, or single pieces of meat (including beef, veal, lamb, pork, poultry, fish, and seafood) that are raw or have not been thoroughly cooked as provided in subdivision (a) may be served if either of the following requirements are met: (1) The consumer specifically orders that the food be individually prepared less than thoroughly cooked. (2) The food facility notifies the consumer, orally or in writing, at the time of ordering, that the food is raw or less than thoroughly cooked. (d) The department shall authorize alternative time and temperature minimum heating requirements to thoroughly cook the foods identified in this section when the food facility or person demonstrates to the department that the alternative heating requirements provide an equivalent level of food safety. (e) For purposes of this section, "meat" means the tissue of animals used as food, including beef, veal, lamb, pork, and other edible animals, except eggs, fish, and poultry, that is offered for human consumption. (f) It is the intent of the Legislature that the requirements of this section be uniformly enforced. The department shall train and provide guidance to local health departments to promote uniform enforcement of the requirements specified in this section. SEC. 3. Section 113997 of the Health and Safety Code is amended to read: 113997. (a) Raw shell eggs shall be stored and displayed at an ambient temperature of 7 degrees Celsius (45 degrees Fahrenheit) or below. (b) Notwithstanding subdivision (a), raw shell eggs may be stored and displayed unrefrigerated if all of the following conditions are met: (1) Not more than four days have elapsed from the date of packing. (2) The eggs were not previously refrigerated. (3) The eggs are not stored or displayed at an ambient temperature above 32 degrees Celsius (90 degrees Fahrenheit). (4) Retail egg containers are prominently labeled "REFRIGERATE AFTER PURCHASE" or a conspicuous sign is posted advising consumers that these eggs are to be refrigerated as soon as practical after purchase. (5) Retail egg containers are conspicuously identified with the date of the packing. (6) Any eggs that are unsold after four days from the date of the packing shall be stored and displayed pursuant to subdivision (a), diverted to pasteurization, or destroyed in a manner approved by the enforcement agency. SEC. 4. Section 114020 of the Health and Safety Code is amended to read: 114020. (a) No employee shall commit any act that may result in the contamination or adulteration of food, food contact surfaces, or utensils. (b) All employees preparing, serving, or handling food or utensils shall wear clean, washable outer garments, or other clean uniforms. All employees shall wear hairnets, caps, or other suitable coverings to confine all hair when required to prevent the contamination of food, equipment, or utensils. (c) All employees shall thoroughly wash their hands and that portion, if any, of their arms exposed to direct food contact by vigorously rubbing them with cleanser and warm water, paying particular attention to areas between the fingers and around and under the nails, rinsing with clean water. Employees shall wash their hands: (1) Immediately before engaging in food preparation, including working with unpackaged food, clean equipment and utensils, and unwrapped single-service food containers and utensils. (2) Before dispensing or serving food or handling clean tableware and serving utensils in the food service area. (3) As often as necessary, during food preparation, to remove soil and contamination and to prevent cross-contamination when changing tasks. (4) When switching between working with raw foods and working with ready-to-eat foods. (5) After touching bare human body parts other than clean hands and clean, exposed portions of arms. (6) After using the toilet room. (7) After caring for or handling any animal allowed in a food facility pursuant to Section 114045. (8) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking. (9) After handling soiled equipment or utensils. (10) After engaging in any other activities that contaminate the hands. (d) No employee shall expectorate or use tobacco in any form in any area where food is prepared, served, or stored, or where utensils are cleaned or stored. (e) Food employees shall use utensils, including scoops, forks, tongs, paper wrappers, gloves, or other implements, to assemble ready-to-eat food or to place ready-to-eat food on tableware or in other containers. However, ready-to-eat food may be assembled or placed on tableware or in other containers in an approved food preparation area without using utensils by employees who comply with the hand washing requirements specified in subdivision (c). Food that has been served to the customer and then wrapped or packaged at the direction of the customer shall be handled only with utensils. These utensils shall be properly sanitized before reuse. (f) Gloves shall be worn when contacting food and food contact surfaces if the employee has any cuts, sores, rashes, artificial nails, nail polish, rings (other than a plain ring, such as a wedding band), uncleanable orthopedic support devices, or finger nails that are not clean, neatly trimmed, and smooth. (g) Whenever gloves are worn, they shall be changed, replaced, or washed as often as hand washing is required in subdivision (c). When single-use gloves are used, they shall be replaced after removal. SEC. 5. Section 114060 of the Health and Safety Code is amended to read: 114060. (a) Manual sanitization shall be accomplished in the final sanitizing rinse by one of the following: (1) Contact with a solution of 100 ppm available chlorine solution for 30 seconds. (2) Contact with a solution of 25 ppm available iodine for one minute. (3) Contact with a solution of 200 ppm quaternary ammonium for one minute. (4) Contact with water of at least 82 degrees Celsius (180 degrees Fahrenheit) for 30 seconds. (5) Contact with any chemical sanitizer that meets the requirements of Section 178.1010 of Title 21 of the Code of Federal Regulations when used in accordance with the manufacturer's use directions as specified on the product label. (b) In-place sanitizing shall be as described in paragraph (1), (2), (3), or (4) of subdivision (a). (c) Other methods may be used if approved by the department. (d) Testing equipment and materials shall be provided to adequately measure the applicable sanitization method. (e) Chemical sanitizers shall be approved for use in food facilities and shall be used in accordance with the manufacturer's use directions as specified on the product label. SEC. 6. Section 114086 of the Health and Safety Code is repealed. SEC. 7. Section 114265 of the Health and Safety Code is amended to read: 114265. (a) The name, address, and telephone number of the owner, operator, permittee, business name, or commissary shall be legible, clearly visible, and permanently indicated on at least two sides of the exterior of the mobile food facility. The name shall be in letters at least 8 centimeters (3 inches) high and shall have strokes at least 1 centimeter (3/8 inch) wide, and shall be of a color contrasting with the mobile food facility exterior. Letters and numbers for address and telephone numbers shall not be less than 2.5 centimeters (one inch) high. (b) Mobile food facility equipment, including, but not limited to, the interior of cabinet units and compartments, shall be designed so as to, and made of materials that, result in smooth, readily accessible, and easily cleanable surfaces. Unfinished wooden surfaces are prohibited. Construction joints shall be tightly fitted and sealed so as to be easily cleanable. Equipment and utensils shall be constructed of durable, nontoxic materials and shall be easily cleanable. (c) During operation, no food intended for retail shall be conveyed, held, stored, displayed, or served from any place other than a mobile food facility except for the restocking of product in a manner approved by the enforcement agency. (d) Notwithstanding subdivision (k), food products remaining after each day's operation shall be stored only in an approved commissary or other approved facility. (e) During transportation, storage, and operation of a mobile food facility, food, food contact surfaces, and utensils shall be protected from contamination. Single-service utensils shall be individually wrapped or in sanitary containers or approved sanitary dispensers, stored in a clean, dry place until used, handled in a sanitary manner, and used only once. Food contact surfaces and utensils shall be cleaned and sanitized in accordance with subdivisions (i), (j), and (k) of Section 114090. (f) All food displayed, sold, or offered for sale from a mobile food facility shall be obtained from an approved source. (g) Food condiments shall be protected from contamination and, where available for customer self-service, be prepackaged or available only from approved dispensing devices. (h) Mobile food facilities shall be operated within 60 meters (200 feet) of approved and readily available toilet and hand washing facilities or as otherwise approved by the enforcement agency to ensure restroom facilities are available to facility employees. (i) All mobile food facilities shall operate out of a commissary or other approved facility in accordance with Article 12.5 (commencing with Section 114300). Mobile food facilities shall report to the commissary or other approved facility at least once each operating day for cleaning and servicing operations. Mobile food facilities shall be properly stored, cleaned, and serviced at, or within, a commissary or other facility as approved by the enforcement agency so as to provide protection from unsanitary conditions. (j) Potentially hazardous food shall be maintained at or below 5 degrees Celsius (41 degrees Fahrenheit) or at or above 60 degrees Celsius (140 degrees Fahrenheit) at all times in accordance with Section 113995. (k) Potentially hazardous food held at or above 60 degrees Celsius (140 degrees Fahrenheit) on a mobile food facility shall be destroyed at the end of the operating day. (l) All wastewater from a mobile food facility shall be drained to an approved wastewater receptor at the commissary or other approved facility. (m) All new and replacement gas-fired appliances shall meet applicable American Gas Association standards. All new and replacement electrical appliances shall meet applicable Underwriters Laboratory standards. However, for units subject to Part 2 (commencing with Section 18000) of Division 13, these appliances shall comply with standards prescribed by Sections 18028, 18029.3, and 18029.5. (n) Bulk beverage dispensers shall only be filled at the commissary or other facility approved by the enforcement agency unless a hand washing sink as described in paragraph (1) of subdivision (p) is provided. (o) Where nonprepackaged food is handled for display or sale, the mobile food facility shall be equipped with a food compartment that completely encloses all food, food contact surfaces, and the handling of ready-to-eat food. The opening to the food compartment shall be sized as appropriate to the food handling activity without compromising the intended protection from contamination, and shall be provided with tight-fitting doors that, when closed, protect interior surfaces from dust, debris, insects, and other vermin. (p) Mobile food facilities, not under a valid public health permit as of January 1, 1997, on which nonprepackaged ready-to-eat food is sold or offered for sale shall be constructed and equipped in compliance with all of the following: (1) A minimum of a one-compartment metal sink, hand washing cleanser and single-service towels in approved dispensers shall be provided. The sink shall be furnished with hot running water that is at least 49 degrees Celsius (120 degrees Fahrenheit) and cold running water that is less than 38 degrees Celsius (101 degrees Fahrenheit) through a mixing-type faucet that permits both hands to be free for washing. The sink shall be large enough to accommodate the largest utensils washed. The sink, hand washing cleanser, and single-service towels shall be located as to be easily accessible and unobstructed for use by the operator in the working area. The minimum water heater capacity shall be one-half gallon. (2) The potable water tank and delivery system shall be constructed of approved materials, provide protection from contamination, and shall be of a capacity commensurate with the level of food handling activity on the mobile food facility. The capacity of the system shall be sufficient to furnish enough hot and cold water for the following: steamtable, utensil washing and sanitizing, hand washing, and equipment cleaning. At least 18 liters (5 gallons) of water shall be provided exclusively for hand washing. Any water needed for other purposes shall be in addition to the 18 liters (5 gallons) for hand washing. (3) (i) The wastewater tank or tanks shall have a minimum capacity that is 50 percent greater than the potable water tank or tanks supplying the hand and utensil washing sink. In no case shall this wastewater capacity be less than 28 liters (7.5 gallons). (ii) Mobile food facilities utilizing ice in the storage, display, or service of food or beverages shall provide an additional minimum wastewater holding tank capacity equal to one-third of the volume of the ice cabinet to accommodate the drainage of ice melt. (iii) Mobile food facilities equipped with a tank supplying product water for the preparation of a food or beverage shall provide an additional wastewater tank capacity equal to at least 15 percent of this water supply. (iv) Additional wastewater tank capacity may be required where wastewater production or spillage is likely to occur. (v) Any connection to a wastewater tank shall preclude the possibility of contaminating any food, food contact surface, or utensil. (4) A mobile food facility's potable water tank inlet shall be provided with a connection of a size and type that will prevent its use for any other service and shall be constructed so that backflow and other contamination of the water supply is prevented. Hoses used to fill potable water tanks shall be made of food grade materials and handled in a sanitary manner. (5) Mobile food facilities limited to the portioning and dispensing of nonprepackaged, nonpotentially hazardous food are exempt from the hand washing and utensil washing sink requirements of this subdivision if there is an approved supply of gloves or utensils, or both, on the facility that preclude any hand contact with the food products being dispensed. This exemption does not extend to the scooping of ice. (q) Mobile food facilities selling unpackaged frozen ice cream bars or holding cream, milk, or similar dairy products pursuant to Section 114270 shall be equipped with refrigeration units as described in Section 113860. (r) Operators of mobile food facilities handling nonprepackaged food shall develop and follow written operational procedures for food handling and the cleaning and sanitizing of food contact surfaces and utensils. The enforcement agency shall review and approve the procedures prior to implementation and an approved copy shall be kept on the mobile food facility during periods of operation. (s) All potentially hazardous food shall be prepackaged in an approved food facility except as provided in Sections 114260 and 114270. (t) Except to the extent that an alternative construction standard is explicitly prescribed by this section, construction standards for mobile food preparation units and stationary mobile food preparation units which are subject to Part 2 (commencing with Section 18000) of Division 13 shall be governed by the provisions of that part. SEC. 8. Article 12 (commencing with Section 114285) of Chapter 4 of Part 7 of the Health and Safety Code is repealed. SEC. 9. Article 12 (commencing with Section 114285) is added to Chapter 4 of Part 7 of the Health and Safety Code, to read: Article 12. Mobile Food Preparation Units and Stationary Mobile Food Preparation Units 114285. This article governs sanitation, and structural and safety requirements for mobile food preparation units and stationary mobile food preparation units as defined in this chapter. Except to the extent that an alternative construction standard is explicitly prescribed by this article, construction standards for mobile food preparation units and stationary mobile food preparation units that are subject to Part 2 (commencing with Section 18000) of Division 13 shall be governed by the provisions of that part. 114286. (a) All mobile food preparation units and stationary mobile food preparation units shall meet the applicable requirements in Article 6 (commencing with Section 113975), Article 7 (commencing with Section 113990), and Article 8 (commencing with Section 114075), unless specifically exempted from any of these provisions as provided in this article. (b) Mobile food preparation units and stationary mobile food preparation units shall be exempt from the requirements of Sections 114105 and 114135, and subdivision (b) of Section 114165. (c) The Department of Housing and Community Development, consistent with the provisions of Chapter 4 (commencing with Section 18025) of Part 2 of Division 13 and regulations promulgated pursuant thereto, shall initially certify or recertify each mobile food preparation unit and stationary mobile food preparation unit that is either a special purpose commercial coach as defined by Section 18012.5 or a commercial coach as defined by Section 18001.8. (d) The local enforcement agency shall initially approve all other mobile food preparation units and stationary mobile food preparation units as complying with the provisions of this article and shall require construction reapproval if deemed necessary by a local enforcement agency. 114287. All mobile food preparation units shall operate out of a commissary or other facility approved by the enforcement agency. Mobile food preparation units shall report to the commissary or other approved facility at least once each operating day for cleaning and servicing operations. Mobile food preparation units shall be stored, cleaned, and serviced at or within a commissary or other facility approved by the enforcement agency so as to be provided protection from unsanitary conditions. 114288. Stationary mobile food preparation units may include a staffed counter that serves hot and cold beverages that are not a potentially hazardous food as defined in Section 113845, and that are dispensed from approved bulk dispensing units. 114289. (a) The enforcement agency may permit storage of supplies and food, which is not a potentially hazardous food as defined in Section 113845, in unopened containers adjacent to a stationary mobile food preparation unit, or in unopened containers in a nearby temporary storage unit. (b) As used in this section, "unopened container" means a factory sealed container that has not been previously opened, that is suitably constructed to be resistant to contamination from moisture, dust, insects, and rodents. 114290. The operator shall maintain the exterior of the mobile food preparation unit or stationary mobile food preparation unit, and the surrounding area, as relating to the operation of the unit, in a sanitary condition. 114291. Adequate waste containers shall be furnished for the use of customers. These containers shall be of easily cleanable construction, furnished with a tight-fitting cover, and shall be kept clean. 114292. (a) The entrance doors to food preparation areas shall be self-closing and kept closed when not in use. (b) The mobile food preparation unit or stationary mobile food preparation unit, and all equipment and utensils shall be protected from potential contamination, kept clean, in good repair, and free of vermin. 114293. (a) Spare tires, related automotive equipment, or special tools relating to the mechanical operation of the mobile food preparation unit or stationary mobile food preparation unit shall not be stored in the food preparation or food storage areas. (b) A separate cabinet or drawer shall be installed for the storage of insecticides or other poisonous substances in accordance with Section 114025, if these substances are used. All poisonous chemicals shall be kept in this cabinet or drawer in their original containers and in a manner that offers no contamination hazard to food or utensils. (c) Adequate facilities shall be provided for the storage of linens, uniforms, and other related linens. Facilities shall be provided for the storage of personal belongings. All personal belongings shall be kept in the space provided. (d) All pressurized cylinders shall be securely fastened to a rigid structure of the vehicle. (e) Adequate and suitable space shall be provided for the orderly storage of food and food service materials. (f) Single-service utensils shall be stored in their original enclosed package, in a clean, dry area. These utensils shall be kept in an approved, enclosed dispenser for customer use. Straws shall be wrapped or dispensed from approved, enclosed dispensers. An enclosed dispenser shall protect the lip-contact portion of the eating and drinking utensil from contamination. (g) The mobile food preparation unit potable water tank shall be filled only at the commissary. (h) The mobile food preparation unit wastewater tank shall be drained only at the commissary. 114294. (a) The name, address, and telephone number of the owner, operator, permittee, business name, or commissary shall be legible, clearly visible, and permanently indicated on at least two sides of the exterior of the mobile food preparation unit or stationary mobile food preparation unit. The name shall be in letters at least eight-centimeters (three inches) high, and shall have a stroke at least one-centimeter (3/8 inch) wide, and shall be of a color contrasting with the vehicle exterior. Letters and numbers for address and telephone numbers shall not be less than 2.5-centimeters (one inch) high. (b) Compressor units that are not an integral part of equipment, auxiliary engines, generators, and similar equipment, shall be installed in an area that is completely separated from food preparation and food storage and that is accessible from outside the unit for proper cleaning and maintenance. 114295. (a) Effective January 1, 2001, newly constructed mobile food preparation units and stationary mobile food preparation units shall have a sink with at least three compartments with two integral metal drainboards. The dimensions of each compartment shall be at least 30-centimeters (12 inches) wide, 30-centimeters (12 inches) long, 25-centimeters (10 inches) deep. Each drainboard shall be at least the size of one of the sink compartments. The drainboards shall be installed with at least 0.3 centimeter (1/8 inch) per foot slope toward the sink compartment, and fabricated with a minimum one-centimeter (1/2 inch) lip or rim to prevent the draining liquid from spilling onto the floor. The sink shall be equipped with a mixing faucet and shall be provided with a swivel spigot capable of servicing all sink compartments. Mobile food preparation units and stationary mobile food preparation units constructed prior to January 1, 2001, shall provide at least a two-compartment sink with dual integral drainboards unless otherwise determined by the local enforcement agency. (b) Hand washing and utensil washing sinks shall be supplied with hot running water that is at least 49 degrees Celsius (120 degrees Fahrenheit) and cold running water that is less than 38 degrees Celsius (101 degrees Fahrenheit) through a mixing-type faucet. Hand washing cleanser and single service towels shall be provided in permanently installed dispensers and maintained at the hand washing sink. The hand washing facilities shall be located in the work area and be easily accessible and unobstructed for use by the food handlers. The hand washing facilities shall be separate from the utensil washing sink. The hand washing sink must have a minimum dimension of 23 centimeters by 23 centimeters in length and width (nine inches by nine inches), and 13 centimeters in depth (five inches). The hand washing facilities shall be separated from the utensil washing sink by a metal splashguard with a height of at least 30 centimeters (12 inches), that extends from the back edge of the drainboard to the front edge of the drainboard, the corners of the barrier to be rounded. No splashguard is required if the distance between the hand washing sink and the utensil sink drainboards is 61 centimeters or more (24 inches or more). (c) Floors, walls, and ceilings shall be constructed so that the surfaces are impervious, smooth, and cleanable. Floor surfaces shall provide employee safety from slipping. The juncture of the floor and wall shall be coved, with the floor surface extending up the wall at least 10 centimeters (four inches). In all mobile food preparation units and stationary mobile food preparation units, there shall be a clear, unobstructed height over the aisle of at least 188 centimeters (74 inches) from floor to ceiling, and a minimum of 76 centimeters (30 inches) of unobstructed horizontal aisle space. (d) Construction joints and seams shall be sealed to provide smooth, easily cleanable surfaces. Soldered joints and seems shall be smooth to the touch. Silicone sealant or equivalent waterproof compounds shall be acceptable, providing they prevent the entrance of liquid waste or vermin. (e) All equipment shall be installed so as to be easily cleaned, prevent vermin harborage, and provide adequate access for service and maintenance. Equipment shall be spaced apart or shall be sealed together for easy cleaning. There shall be a minimum of 10 centimeters (four inches) of unobstructed space provided for sanitary maintenance beneath counter mounted equipment or between the sides of adjacent equipment. Food equipment or machinery of a size and weight that can be easily picked up and moved by one person, and with a flex connection need not comply with minimum leg height requirement. Threads, nuts, or rivets shall not be exposed where they interfere with cleaning. Threads, nuts, or rivets, that interfere with cleaning, shall be sealed or capped. (f) All floor mounted equipment shall be sealed to the floor to prevent moisture from getting under the equipment or it shall be raised at least 15 centimeters (six inches) off the floor by means of an easily cleanable leg and foot. (g) Equipment, including the interior of cabinet units or compartments, shall be constructed so as to have smooth, easily accessible, and easily cleanable surfaces that are free from channels, crevices, flanges, ledges, sharp or jagged edges, or other cleaning or safety obstructions. Unfinished wooden surfaces are not permitted. (h) All food contact surfaces shall be designed and constructed so as to be easily cleanable and shall be made of nontoxic, noncorrosive materials. (i) All utensils in the mobile food preparation unit shall be stored so as to prevent their being thrown about in the event of a sudden stop, collision, or overturn. A safety knife holder shall be provided to avoid loose storage of knives in cabinets, boxes, or slots along counter aisles. Knife holders shall be designed to be easily cleaned and be manufactured of materials approved by the local enforcement agency. (j) Space around pipes, conduits, or hoses that extend through cabinets, floors, or outer walls shall be sealed. The closure shall be smooth and easily cleanable. (k) Light bulbs and tubes shall be covered with a completely enclosed plastic safety shield or its equivalent and installed so as to not constitute a hazard to personnel or food materials. (l) Waste receptacles shall be provided inside the vehicle. They shall be constructed to be smooth, nonabsorbent, and easily cleanable and shall be kept clean. (m) No smoking signs and signs directing proper hand washing shall be posted in the food preparation area. 114296. (a) Mechanical exhaust ventilation equipment shall be provided over all cooking equipment as required to effectively remove cooking odors, smoke, steam, grease, and vapors. All mechanical exhaust ventilation equipment shall be installed and maintained in accordance with the Uniform Mechanical Code, except that for units subject to Part 2 (commencing with Section 18000) of Division 13, an alternative code adopted pursuant to Section 18028 shall govern the construction standards. (b) The ventilation shall be adequate to provide a reasonable condition of comfort for employees. (c) Grease filters or other means of grease extraction are required and shall be of steel construction, or other approved material, and shall be readily accessible for cleaning. (d) Every joint and seam shall be substantially tight. No solder shall be used, except for sealing a joint or seam. (e) Every hood shall be installed to provide for thorough cleaning of the entire hood. (f) When grease gutters are provided they shall drain to a collecting receptacle fabricated, designed, and installed to be readily accessible for cleaning. (g) All ducts in the exhaust system shall have a slope of at least five centimeters (two inches) per linear foot. (h) All seams in the duct shall be substantially tight to prevent the accumulation of grease. (i) The ducts shall have sufficient clean-outs to make the ducts readily accessible for cleaning. (j) Makeup air shall be provided at the rate of that exhausted. Adequate makeup air may be provided from screened openings, vents in the ceiling, or mechanically through an air-conditioning system, but not from open doors or unscreened windows. 114297. (a) (1) All liquefied petroleum equipment shall be installed to meet applicable fire authority standards and this installation shall be approved by the fire authority. However, for units subject to Part 2 (commencing with Section 18000) of Division 13, this equipment and its installation shall comply with standards prescribed by Sections 18028 and 18029.5. (2) A properly charged and maintained minimum 10 BC-rated fire extinguisher to combat grease fires and shall be properly mounted and readily accessible on the interior of each mobile food preparation unit or stationary mobile food preparation unit. (b) A first-aid kit shall be provided and located in a convenient area in an enclosed case. (c) Mobile food preparation units that operate at more than one location in any calendar day, shall comply with the following additional requirements: (1) Coffee urns, deep fat fryers, steam tables, and similar equipment shall be equipped with positive closing lids that will prevent excessive spillage of hot liquids into the interior of the unit in the event of a sudden stop, collision, or overturn. For coffee urns, as an alternative to this requirement, the urn shall be installed in a compartment that will prevent excessive spillage of coffee in the interior of the unit. Metal protective devices shall be installed on the glass liquid level sight gauges on all coffee urns. (2) (A) Except for units subject to Part 2 (commencing with Section 18000) of Division 13, a second means of exit shall be provided in the side opposite the main exit door, or in the roof, or the rear of the unit, with an unobstructed passage of at least 61 centimeters by 91 centimeters (24 inches by 36 inches). The interior latching mechanism shall be operable by hand without special tools or key. The exit shall be labeled "Safety Exit" in contrasting colors with at least 2.5-centimeters (one-inch) high letters. (B) For units subject to Part 2 (commencing with Section 18000) of Division 13, the size, latching, and labeling of the second means of exit shall comply with standards prescribed by Sections 18028 and 18029.5. 114298. Pass-through window service openings shall be limited to 1394 square centimeters (216 square inches) each. The service openings may not be closer together than 46 centimeters (18 inches). Each opening shall be provided with a solid or screened window, equipped with a self-closing device. Screening shall be at least 16 mesh per square inch. With the exception of the service openings, the entire food preparation and food storage area shall be enclosed with a solid, easily cleanable material. The counter surface of the service openings shall be smooth and easily cleanable. 114299. Adequate electrical power shall be provided to operate the approved exhaust, lighting, and refrigeration systems, and any other accessories and appliances that may be installed in a mobile food preparation unit or in a stationary mobile food preparation unit. 114299.5. (a) A water supply tank of sufficient capacity to furnish an adequate quantity of potable water for food preparation, cleaning, and handwashing purposes shall be provided (minimum 114 liters (30 gallons)). Exterior hose-connection valves shall be at least five feet above the ground with an approved water connection, which is attached to the vehicle. The water supply shall be from an approved potable water source. The water system shall be designed and constructed using materials that enable water to be introduced without contamination. The water system shall deliver at least one gallon per minute to each sink basin in the unit. (b) A water heater with a minimum capacity of 11.4 liters (three gallons) or an instantaneous heater capable of heating water to a minimum of 49 degrees Celsius (120 degrees Fahrenheit), interconnected with the potable water supply, shall be provided and shall operate independently of the vehicle engine. Hot and cold water, under pressure, shall be provided at handwashing and utensil washing sinks from mixing faucets. (c) The liquid waste tank shall have a capacity at least 50 percent greater than the potable water tank. When ice is utilized in the storage or display of foods or beverages, an additional minimum liquid waste tank holding capacity equal to one-third of the volume of the ice bin shall be provided for drainage of the ice melt. (d) All tanks, lines, couplings, valves, and all other plumbing shall be designed, installed, maintained, and constructed of materials that will not contaminate the water supply, food, utensils, or equipment. (e) Water and wastewater storage tanks shall be installed so as to be easily drained, flushed, and cleaned with an easily accessible outlet. Breather tubes or overflow pipe openings shall be protected from the entrance of dust, insects, and other contamination. All waste lines shall be connected to the waste tank with watertight seals. (f) Adequate toilet facilities for use by the food service personnel shall be available within 60 meters (200 feet) of the mobile food preparation unit or stationary mobile food preparation unit whenever it is stopped to conduct business for more than a one-hour period. (g) Hoses inside the mobile food preparation unit, stationary mobile food preparation unit, and potable water tank connectors shall have matching connecting devices. Devices for external cleaning shall not be used for potable water purposes inside the mobile food preparation unit or stationary mobile food preparation unit. (h) Hoses and faucets equipped with quick connect and disconnect devices for these purposes shall be deemed to meet the requirements of this section. (i) Mechanical refrigeration shall conform to the requirements of Section 113860. SEC. 10. Article 12.5 (commencing with Section 114300) is added to the Health and Safety Code, to read: Article 12.5. Commissaries 114300. This article governs sanitation requirements for commissaries servicing mobile food preparation units and mobile food facilities. 114301. All commissaries, and other approved facilities shall meet the applicable requirements in Article 6 (commencing with Section 113975), Article 7 (commencing with Section 113990), and Article 8 (commencing with Section 114075). 114302. (a) Adequate facilities shall be provided for the sanitary disposal of liquid waste from the mobile food preparation unit or mobile food facility being serviced. (b) Adequate facilities shall be provided for the handling and disposal of garbage and rubbish originating from the mobile food preparation unit or mobile food facility. 114303. (a) Potable water shall be available for filling the water tanks of each mobile food preparation unit or mobile food facility that requires potable water. Faucets and other potable water sources shall be constructed, located, and maintained so as to minimize the possibility of contaminating the water being loaded. (b) The hose used for filling water tanks shall be food grade, constructed of materials approved for potable water distribution, and shall be used for no other purposes. At all times, the hose shall be kept above the ground and protected from contamination. Liquid waste lines shall not be the same color as hoses used for potable water. (c) Hot and cold water, under pressure, shall be available for cleaning the mobile food preparation unit or mobile food facility. (d) The potable water supply shall be protected at all times from potential backflow. Approved backflow prevention devices shall be installed on the discharge side of all hose bibs. 114304. Adequate electrical outlets shall be provided for mobile food preparation units or mobile food facilities that require electrical service. The outlets shall be constructed to comply with applicable electrical codes. SEC. 11. Section 114317 of the Health and Safety Code is amended to read: 114317. Food-related and utensil-related equipment used in conjunction with a temporary food facility shall be approved by the local enforcement agency. SEC. 12. Section 114321 of the Health and Safety Code is amended to read: 114321. At least one toilet facility for each 15 employees shall be provided within 60 meters (200 feet) of each temporary food facility. Each toilet facility shall be provided with hand washing facilities equipped with hot and cold running water. Hand washing cleanser and single-use sanitary towels shall be provided in permanently installed dispensers at each hand washing facility. Temporary food facilities that handle only prepackaged foods may provide cold water with a germicidal soap in lieu of hot and cold running water at the hand washing facilities. The local enforcement agency may allow hand washing facilities other than those required by this section when it deems that the alternate facilities are adequate. SEC. 13. Section 114322 of the Health and Safety Code is amended to read: 114322. Adequate janitorial facilities shall be provided for the cleaning of the temporary food facilities, restrooms, and all shared utensil washing and hand washing facilities. Janitorial facilities shall be provided with hot and cold running water from a mixing valve. The local enforcement agency may allow janitorial facilities other than those required by this section when it deems that the alternate facilities are adequate. SEC. 14. Section 114325 of the Health and Safety Code is amended to read: 114325. (a) An adequate supply of potable hot water, at least 48 degrees Celsius (120 degrees Fahrenheit) shall be provided for utensil washing, hand washing, and janitorial purposes. The water supply shall be from a source approved by the enforcement agency. The potable water supply shall be protected with a backflow or back siphonage protection device, as required by applicable plumbing codes. (b) Adequate potable water shall be provided, commensurate with the food handling activities taking place in the temporary food facility. In addition to the water needed for food preparation and dispensing, at least 75.8 liters (20 gallons) of potable water shall be provided per temporary food facility per day of operation for utensil washing and hand washing. (c) The inlet to a potable water tank shall be provided with a connection of a size and type that will prevent its use for any other service, and shall be constructed so that backflow and other contamination of the water supply is prevented. Hoses used to fill potable water tanks shall be made of food grade materials and handled in a sanitary manner. SEC. 15. Section 114332.2 of the Health and Safety Code is amended to read: 114332.2. (a) Except where all food and beverage is prepackaged, hand washing, and utensil washing facilities approved by the enforcement officer shall be provided within nonprofit charitable temporary food facilities. (b) Facilities for the sanitary disposal of all liquid waste shall be subject to the approval of the enforcement officer. (c) At least one toilet facility for each 15 employees shall be provided within 60 meters (200 feet) of each nonprofit charitable temporary food facility. (d) Food contact surfaces shall be smooth, easily cleanable, and nonabsorbent. SEC. 16. Section 114332.3 of the Health and Safety Code is amended to read: 114332.3. (a) No potentially hazardous food or beverage stored or prepared in a private home may be offered for sale, sold, or given away from a nonprofit charitable temporary food facility. Potentially hazardous food shall be prepared in a food establishment or on the premises of a nonprofit charitable temporary food facility. (b) All food and beverage shall be protected at all times from unnecessary handling and shall be stored, displayed, and served so as to be protected from contamination. (c) Potentially hazardous food and beverage shall be maintained at or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above 60 degrees Celsius (140 degrees Fahrenheit) at all times. (d) Ice used in beverages shall be protected from contamination and shall be maintained separate from ice used for refrigeration purposes. (e) All food and food containers shall be stored off the floor on shelving or pallets located within the facility. (f) Smoking is prohibited in nonprofit charitable temporary food facilities. (g) (1) Except as provided in paragraph (2), live animals, birds, or fowl shall not be kept or allowed in nonprofit charitable temporary food facilities. (2) Paragraph (1) does not prohibit the presence, in any room where food is served to the public, guests, or patrons, of a guide dog, signal dog, or service dog, as defined by Section 54.1 of the Civil Code, accompanied by a totally or partially blind person, deaf person, person whose hearing is impaired, or handicapped person, or dogs accompanied by persons licensed to train guide dogs for the blind pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code. (3) Paragraph (1) does not apply to dogs under the control of uniformed law enforcement officers or of uniformed employees of private patrol operators and operators of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while these employees are acting within the course and scope of their employment as private patrol persons. (4) The persons and operators described in paragraphs (2) and (3) are liable for any damage done to the premises or facilities by the dog. (5) The dogs described in paragraphs (2) and (3) shall be excluded from food preparation and utensil wash areas. Aquariums and aviaries shall be allowed if enclosed so as not to create a public health problem. (h) All garbage shall be disposed of in a manner approved by the enforcement officer. (i) Employees preparing or handling food shall wear clean clothing and shall keep their hands clean at all times. SEC. 17. Section 114332.6 of the Health and Safety Code is repealed. SEC. 18. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. However, notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.