Senate BillNo. 1358


Introduced by Senator Wolk

February 21, 2014


An act to amend Section 114276 of the Health and Safety Code, relating to food facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 1358, as introduced, Wolk. Food facilities: clean toilet facilities.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities and provides for the enforcement of those standards by local health agencies and by the State Department of Public Health, as specified. Among other sanitation standards, the code requires a permanent food facility to provide clean toilet facilities in good repair for consumers, guests, or invitees if the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space.

This bill would make technical, nonsubstantive changes to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 114276 of the Health and Safety Code
2 is amended to read:

3

114276.  

(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 invitees when
7there is onsite consumption of foods orbegin delete whenend deletebegin insert ifend insert the food facility
P2    1was constructed after July 1, 1984, and has more than 20,000
2square feet of floor space.

3(2) Notwithstanding Section 113984.1, toilet facilities that are
4 provided for use by consumers, guests, or invitees shall be in a
5location where consumers, guests, and invitees do not pass through
6food preparation, food storage, or utensil washing areas to reach
7the toilet facilities.

8(3) For purposes of this section, a building subject to paragraph
9(1) that has a food facility with more than 20,000 square feet of
10floor space shall provide at least one separate toilet facility for
11men and one separate toilet facility for women.

12(4) For purposes of this section, the gas pump area of a service
13station that is maintained in conjunction with a food facility shall
14not be considered as property used in connection with the food
15facility or be considered in determining the square footage of floor
16space of the food facility.

17(c) (1) Toilet rooms shall be separated by well-fitted,
18self-closing doors that prevent the passage of flies, dust, or odors.

19(2) Toilet room doors shall be kept closedbegin insert,end insert except during
20cleaning and maintenance operations.

21(d) Handwashing facilities, in good repair, shall be provided as
22specified in Sections 113953 and 113953.3.

23(e) begin deleteAny end deletebegin insertA end insertcity, county, or city and county may enact ordinances
24that are morebegin delete restrictiveend deletebegin insert protective of the public healthend insert than this
25section.

26(f) (1) Except as provided in paragraph (1) of subdivision (b),
27any building that is constructed before January 1, 2004, that has
28a food facility that provides space for the consumption of food on
29the premises shall either provide clean toilet facilities in good
30repair for consumers, guests, or invitees on property used in
31connection with, or in, the food facility or prominently post a sign
32within the food facility in a public area stating that toilet facilities
33are not provided.

34(2) The first violation of paragraph (1) shall result in a warning.
35Subsequent violations shall constitute an infraction punishable by
36a fine of not more than two hundred fifty dollars ($250).

37(3) The requirements of this section for toilet facilities that are
38accessible to consumers, guests, or invitees on the property may
P3    1be satisfied by permitting access by those persons to the toilet and
2handwashing facilities that are required by this part.



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