SB 1042, as introduced, Calderon. Food facilities: toilet rooms: baby changing tables.
The California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing this code. Violation of these provisions is punishable as a misdemeanor.
The code requires a permanent food facility, as defined, to provide clean toilet facilities in good repair for consumers, guests, or invitees if there is onsite consumption of food or if the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space. Existing law requires handwashing facilities to be provided within or adjacent to toilet rooms.
This bill would require those food facilities to provide a baby changing table within or adjacent to those toilet rooms, unless doing so would result in noncompliance with a law ensuring access for persons with disabilities, as determined by the local health inspector.
By expanding a crime and increasing the duties of local enforcement officials, this bill would create state-mandated local programs.
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 114276 of the Health and Safety Code
2 is amended to read:
(a) A permanent food facility shall provide clean
4toilet facilities in good repair for use by employees.
5(b) (1) A permanent food facility shall provide clean toilet
6facilities in good repair for consumers, guests, or inviteesbegin delete whenend deletebegin insert ifend insert
7 there is onsite consumption ofbegin delete foodsend deletebegin insert foodend insert orbegin delete whenend deletebegin insert
ifend insert the food
8facility was constructed after July 1, 1984, and has more than
920,000 square feet of floor space.
10(2) Notwithstanding Section 113984.1, toilet facilities that are
11provided for use by consumers, guests, or invitees shall be in a
12location where consumers, guests, and invitees do not pass through
13food preparation, food storage, or utensil washing areas to reach
14the toilet facilities.
15(3) For purposes of this section, a building subject to paragraph
16(1) that has a food facility with more than 20,000 square feet of
17floor space shall provide at least one separate toilet facility for
18men and one separate toilet facility for women.
19(4) For purposes of this section, the gas pump area of a service
20station that is maintained in conjunction with a food facilitybegin delete shallend delete
21begin insert
isend insert notbegin delete be considered asend delete property used in connection with the food
22facilitybegin delete orend deletebegin insert and shall notend insert bebegin delete consideredend deletebegin insert includedend insert in determining the
23square footage of floor space of the food facility.
24(c) (1) Toilet rooms shall be separated by well-fitted,
25self-closing doors that prevent the passage of flies, dust, or odors.
26(2) Toilet room doors shall be kept closed except
during cleaning
27and maintenance operations.
28(d) begin insert(1)end insertbegin insert end insertHandwashing facilities, in good repair, shall be provided
29as specified in Sections 113953 and 113953.3.
P3 1begin insert(2)end insertbegin insert end insertbegin insertA baby changing table shall be provided within or adjacent
2to toilet rooms unless the addition of a baby changing table would
3result in noncompliance with a law relating to access for persons
4with disabilities, as determined by the local health inspector.end insert
5(e) Any city, county, or city and county may enact ordinances
6that
are more restrictivebegin insert or promote a higher standard of health
7or sanitationend insert than this section.
8(f) (1) Except as provided in paragraph (1) of subdivision (b),
9any building that is constructed before January 1, 2004, that has
10a food facility that provides space for the consumption of food on
11the premises shall either provide clean toilet facilities in good
12repair for consumers, guests, or invitees on property used in
13connection with, or in, the food facility or prominently post a sign
14within the food facility in a public area stating that toilet facilities
15are not provided.
16(2) The first violation of paragraph (1) shall result in a warning.
17Subsequent violations shall constitute an infraction punishable by
18a fine of not more than two hundred fifty dollars
($250).
19(3) The requirements of this section for toilet facilities that are
20accessible to consumers, guests, or invitees on the property may
21be satisfied by permitting access by those persons to the toilet and
22handwashing facilities that are required by this part.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution for certain
25costs that may be incurred by a local agency or school district
26because, in that regard, this act creates a new crime or infraction,
27eliminates a crime or infraction, or changes the penalty for a crime
28or infraction, within the meaning of Section 17556 of the
29Government Code, or changes the definition of a crime within the
30meaning of Section 6 of Article XIII B of the California
31Constitution.
32However, if the Commission on State Mandates determines that
33this act contains other costs mandated by the state, reimbursement
34to local agencies and school districts for those costs
shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.
O
99