BILL NUMBER: AB 2432	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2010
	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 add  Chapter 12.2 (commencing with Section
114374.10) to   Article 5 (commencing with Section
114289) to Chapter 9 of  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: prepackaged
nonpotentially hazardous foods.
   Existing law, the California Retail Food Code, 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, 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: 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.  
   SECTION 1.    Article 5 (commencing with Section
114289) is added to Chapter 9 of Part 7 of Division 104 of the 
Health and Safety Code   , to read: 

      Article  5.    Prepackaged Nonpotentially
Hazardous Foods 


    114289.   (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,  114250, 114266, 
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.   114289.5.   The
enforcement agency may recover the costs of investigation and
enforcement of this  chapter   article  .
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