BILL NUMBER: AB 2432 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2010
AMENDED IN ASSEMBLY APRIL 13, 2010
INTRODUCED BY Assembly Member John A. Perez
FEBRUARY 19, 2010
An act to amend Section 114276 add Cha
pter 12.2 (commencing with Section 114374.10) to Part 7 of
Division 104 of the Health and Safety Code, relating to food
facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2432, as amended, John A. Perez. Food facilities:
toilet facilities. prepackaged nonpotentially
hazardous foods.
Existing law, the California Retail Food Code, requires
permanent food facilities to provide clean toilet facilities for
consumers, guests, or invitees when there is onsite consumption of
foods or, with a specified exception, when the food facility was
constructed after July 1, 1984, and has more than 20,000 square feet
of floor space. The code requires a building subject to this
requirement to provide at least one separate toilet facility for men
and one separate toilet facility for women provides
for the regulation of health and sanitation standards for retail food
facilities, including mobile food facilities and satellite food
service, as defined, by the State Department of Public Health. Under
existing law, local health agencies are primarily responsible for
enforcing this code. A violation of these provisions is
punishable as a misdemeanor .
This bill would, for purposes of the above-described separate
toilet facility requirement, exclude from the calculation of the
20,000 square feet of floor space any area where nonfood-related
items are made available for retail sale and any area that is used
only for the retail sale of prepackaged, nonpotentially hazardous
food if these areas comprise more than 10,000 square feet.
This bill would, notwithstanding any provision of law to the
contrary, exempt a permanent food facility that has less than 300
square feet of display area and that sells only prepackaged food that
is not potentially hazardous food, from the requirements of the
California Retail Food Code, except for prescribed provisions, and
would permit the enforcement agency to recover investigation and
enforcement costs.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 12.2 (commencing with Section
114374.10) is added to Part 7 of Division 104 of the
Health and Safety Code , to read:
CHAPTER 12.2. PREPACKAGED NONPOTENTIALLY HAZARDOUS FOODS
114374.10. (a) Notwithstanding any provision of law to the
contrary, a permanent food facility that has less than 300 square
feet of display area and that sells only prepackaged food that is not
potentially hazardous food shall be exempt from the requirements of
this part except as set forth in subdivision (b).
(b) (1) A permanent food facility with a food display area of 25
square feet or less shall comply with all of the following:
(A) Sections 113980, 114047, 114049, 114390, 114393, 114395,
114397, and 114399.
(B) Chapter 1 (commencing with Section 113700).
(C) Chapter 2 (commencing with Section 113728).
(2) A permanent food facility with a food display area greater
than 25 square feet, but less than 300 square feet, shall comply with
all of the following:
(A) Sections 113980, 114047, 114049, 114381, 114387, 114390,
114393, 114395, 114397, 114399, 114405, 114407, 114409, 114411, and
114413.
(B) Chapter 1 (commencing with Section 113700).
(C) Chapter 2 (commencing with Section 113728).
114374.15. The enforcement agency may recover the costs of
investigation and enforcement of this chapter.
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 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.
(5) For purposes of paragraph (3), the area where nonfood-related
items are made available for retail sale and the area that is used
only for the retail sale of prepackaged, nonpotentially hazardous
food shall not be considered in determining the square footage of
floor space of the food facility if these areas comprise more than
10,000 square feet.
(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 city, county, or city and county may enact ordinances that
are more restrictive 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.