BILL NUMBER: AB 2432	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 23, 2010
	PASSED THE ASSEMBLY  AUGUST 25, 2010
	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 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, 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.


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

  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).
   114289.5.  The enforcement agency may recover the costs of
investigation and enforcement of this article.