BILL NUMBER: AB 1513	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2012

INTRODUCED BY   Assembly Member Allen

                        JANUARY 13, 2012

   An act to amend Section 114257 of, and to add Section 113862 to,
the Health and Safety Code, relating to retail food facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1513, as amended, Allen. Retail food facilities: playground
sanitation.
   Existing law, the California Retail Food Code, regulates retail
food facilities to safeguard public health and requires local
enforcement to enforce its provisions. Existing law requires that all
premises of a food facility be kept clean, fully operative, and in
good repair. A violation of these provisions is punishable as a
misdemeanor.
   This bill would include food facility playgrounds, as defined,
within the requirement that the food facilities be kept clean, fully
operative, and in good repair  , and would require a food
facility with an indoor playground to develop a plan to keep the
playground area clean and free of hazards to children  .
   This bill would also require a retail food facility with a
playground to produce a record of the playground's maintenance policy
and inspection record.
   By creating a new crime, 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.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 113862 is added to the Health and Safety Code,
to read:
   113862.  "Playground" means an improved area designed, equipped,
and set aside for children's play that is not intended for use as an
athletic playing field or athletic court, and shall include any
playground equipment, fall zones, surface materials, access ramps,
and all areas within and including the designated enclosure and
barriers.
  SEC. 2.  Section 114257 of the Health and Safety Code is amended to
read:
   114257.  (a) All premises of a food facility, including indoor and
outdoor playgrounds, shall be kept clean, fully operative, and in
good repair. 
   (b) For purposes of subdivision (a), a playground on the premises
of a food facility shall meet the same standard of cleanliness that
exists for all other areas of the food facility, except food handling
and preparation areas.  
   (b) 
    (c)  A retail food facility with a playground shall
 display,   do all of the following: 
    (1)     If the playground is indoors,
develop a plan for ensuring that indoor playground areas are kept
clean and free of conditions that may be hazardous to children,
including, but not limited to, cracked or broken playground
structures. 
    (   2)     Display,  or
provide upon request, the retail food facility's policy on playground
maintenance and dates on which the playground was last inspected and
cleaned. 
   (3) Prohibit customers from taking food into or on, or eating food
on, playground structures, including, but not limited to, climbing
structures and slides, except that food may be taken to and consumed
within rest or observation areas within or adjoining a playground
area. 
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.
   However, 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.