Bill Text: CA AB2550 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2550

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Business establishments: building standards: retail food safety.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-08-05 - In committee: Referred to APPR suspense file. [AB2550 Detail]

Download: California-2023-AB2550-Amended.html

Amended IN Assembly March 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2550

Introduced by Assembly Member Gabriel

February 14, 2024

An act to amend ~~Section 11999.20 of the Health and Safety Code, relating to substance abuse.~~ Sections 114201, 114259.2, 114271, and 114349 of, and to add Section 18941.19 to, the Health and Safety Code, relating to business.

LEGISLATIVE COUNSEL'S DIGEST

AB 2550, as amended, Gabriel. ~~Substance abuse testing and treatment.~~ Business establishments: building standards: retail food safety.

(1) Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law requires the commission to publish the code every 3 years, and, in intervening periods, supplements, as necessary.
This bill would require the commission, as part of the next triennial update of the California Building Standards Code that occurs on or after January 1, 2025, to adopt specified building standards for business establishments, including, among other things, standards authorizing (A) a business establishment with less than 150 square feet of seating area or that is takeout only to operate without providing customer restrooms; (B) a business establishment with a maximum occupancy of 100 occupants to operate without drinking fountains; and (C) a business establishment to operate cooking equipment, for the purpose of baking, that does not produce cooking odors, smoke, grease, or vapor without installing a Type 1 hood, as described in specified regulations, over the cooking equipment.
(2) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities. Under existing law, local health agencies are primarily responsible for enforcing these standards. Under existing law, a person who violates any provision of the California Retail Food Code is guilty of a misdemeanor, except as otherwise provided.
Existing law prohibits a food facility from locating a grease trap or grease interceptor in a food handling area, unless approved by an enforcement agency. Existing law exempts from the prohibition a food facility with an approved grease trap or grease interceptor that was in operation before the effective date of the code.
This bill would instead prohibit a food facility from locating a grease trap or grease interceptor in a food preparation area. The bill would additionally exempt an aboveground grease trap installed under a 3-compartment sink from this prohibition.
Existing law limits the size of a passthrough window service opening to 216 square inches. Existing law authorizes a passthrough window of up to 432 square inches if equipped with an air curtain device.
This bill would increase the size of a passthrough window service opening to 432 square inches and make a conforming change.
Existing law requires a food facility’s walls and ceilings to be durable, smooth, nonabsorbent, and easily cleanable. Existing law exempts from this requirement walls and ceilings of bar areas in which alcoholic beverages are sold or served directly to the consumers, except wall areas adjacent to bar sinks and areas where food is prepared, among other things. Existing law also exempts from this requirement restrooms that are used exclusively by the consumers, except that the walls and ceilings in the restrooms shall be of a nonabsorbent and washable surface.
This bill would instead exempt walls and ceilings of any areas in which beverages are prepared, or sold or served directly to the consumers, except wall areas adjacent to sinks and areas where food is prepared. The bill would also instead exempt restrooms that are used exclusively by employees or consumers, except that the walls and ceilings in the restrooms shall be of washable surface.
Existing law requires temporary food facilities to be equipped with overhead protection for all food preparation, food storage, and warewashing areas. Existing law requires overhead protection to be made of wood, canvas, or other materials that protect the facility from precipitation, dust, bird and insect droppings, and other contaminants. Existing law exempts from these requirements a temporary food facility that is approved for limited food preparation if flying insects, vermin, birds, and other pests are absent due to the location of the facility or other limiting conditions.
This bill would additionally exempt a temporary food facility that is approved for limited food preparation from these requirements if environmental factors that could contaminate the food are absent due to the location of the facility or other limiting conditions.
By revising the standards that must be enforced by local health agencies and by expanding the scope of existing crimes, the bill would impose a state-mandated local program.
(3) 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.
Existing law, as added by the Substance Abuse and Crime Prevention Act of 2000, adopted by voters as Proposition 36 at the November 7, 2000, statewide general election, requires that persons convicted of certain nonviolent drug possession offenses be granted probation and participate in and complete an appropriate drug treatment program as a condition of that probation.
Existing law, inoperative on July 1, 2013, required the State Department of Alcohol and Drug Programs, now the State Department of Health Care Services, to administer and award grants to counties, based on an approved plan, to supplement funding provided under the above-described act for the purpose of funding substance abuse testing for eligible offenders.
~~This bill would make technical, nonsubstantive changes to one of those provisions.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

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

SECTION 1.

Section 18941.19 is added to the Health and Safety Code, to read:

18941.19.
(a) As a part of the next triennial update of the California Building Standards Code (Title 24 of the California Code of Regulations) that occurs on or after January 1, 2025, the commission shall adopt building standards that do all of the following:
(1) Authorizes a business establishment with less than 150 square feet of seating area or that is takeout only to operate without providing customer restrooms.
(2) Authorizes a business establishment, regardless of whether the business establishment sells alcohol, with a maximum occupancy of 49 persons to provide restrooms without urinals.
(3) Authorizes a business establishment to install up to 1,000 square feet of patio seating without providing additional restrooms.
(4) Authorizes a business establishment that serves alcohol to satisfy a requirement to provide restrooms by exclusively providing restrooms for use by all genders.
(5) Authorizes a business establishment with a maximum occupancy of 100 occupants to operate without drinking fountains.
(6) Authorizes a business establishment to operate cooking equipment, for the purpose of baking, that does not produce cooking odors, smoke, grease, or vapor without installing a Type 1 hood, as described in Section 508.0 of the California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations), over the cooking equipment.
(7) Authorizes a business establishment to operate an under-the-counter dishwasher without installing a mechanical exhaust system over the dishwasher.
(b) For the purposes of this section, “alcohol” has the same meaning defined in Section 23003 of the Business and Professions Code.

SEC. 2.

Section 114201 of the Health and Safety Code is amended to read:

114201.

(a) If provided, a grease trap or grease interceptor shall not be located in a food preparation or utensil handling area unless specifically approved by the enforcement agency.

(b) Grease traps and grease interceptors shall be easily accessible for servicing.

(c) Notwithstanding subdivision (a), this section shall not apply to either of the following:
(1) An aboveground grease trap installed under a three-compartment sink.
~~(c)Notwithstanding subdivision (a), those~~

(2) Any food ~~facilities~~ facility approved with a grease trap or grease interceptor that ~~are~~ is in operation before the effective date of this ~~part are not required to comply with this section.~~ part.

SEC. 3.

Section 114259.2 of the Health and Safety Code is amended to read:

114259.2.

Passthrough window service openings shall be limited to ~~216~~ 432 square inches each. The service openings shall not be closer together than 18 inches. Each opening shall be provided with a solid or screened window, equipped with a self-closing device. Screening shall be at least 16 mesh per square inch. ~~Passthrough windows of up to 432 square inches are approved if equipped with an air curtain device.~~ The counter surface of the service openings shall be smooth and easily cleanable.

SEC. 4.

Section 114271 of the Health and Safety Code is amended to read:

114271.

(a) Except as provided in subdivision (b), the walls and ceilings of all rooms shall be of a durable, smooth, nonabsorbent, and easily cleanable surface.

(b) This section shall not apply to any of the following areas:

(1) Walls and ceilings of ~~bar~~ areas in which ~~alcoholic~~ beverages are prepared, or sold or served directly to the consumers, except wall areas adjacent to ~~bar~~ sinks and areas where food is prepared.

(2) Areas where food is stored only in unopened bottles, cans, cartons, sacks, or other original shipping containers.

(3) Dining and sales areas.

(4) Offices.

(5) Restrooms that are used exclusively by the employees or consumers, except that the walls and ceilings in the restrooms shall be of a ~~nonabsorbent and~~ washable surface.

(6) Dressing rooms, dressing areas, or locker areas.

(c) Acoustical paneling may be utilized if it is installed not less than six feet above the floor. The paneling shall meet the other requirements of this section.

(d) Conduits of all types shall be installed within walls as practicable. When otherwise installed, they shall be mounted or enclosed so as to facilitate cleaning.

(e) Attachments to walls and ceilings, such as light fixtures, mechanical room ventilation system components, vent covers, wall mounted fans, decorative items, and other attachments, shall be easily cleanable.

SEC. 5.

Section 114349 of the Health and Safety Code is amended to read:

114349.

(a) Temporary food facilities shall be equipped with overhead protection for all food preparation, food storage, and warewashing areas. Overhead protection shall be made of wood, canvas, or other materials that protect the facility from precipitation, dust, bird and insect droppings, and other contaminants.

(b) Temporary food facilities that handle nonprepackaged food shall also protect food from contamination in one of the following ways:

(1) Enclosure of the food facility with 16 mesh per square inch screens.

(2) Limiting display and handling of nonprepackaged food in food compartments.

(3) Other alternative, effective means approved by the enforcement officer.

(c) Notwithstanding Section 113984, this section does not apply to temporary food facilities that are approved for limited food preparation if flying insects, vermin, birds, other pests, and ~~other pests~~ environmental factors, including, but not limited to, precipitation and wind that could contaminate the food, are absent due to the location of the facility or other limiting conditions.

SEC. 6.
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.

SECTION 1.Section 11999.20 of the Health and Safety Code is amended to read:
11999.20.
(a)(1)The State Department of Alcohol and Drug Programs shall administer and award grants to counties to supplement funding provided under the Substance Abuse and Crime Prevention Act of 2000 for the purpose of funding substance abuse testing for eligible offenders.
~~(2)Funding shall be used to supplement, rather than supplant, funding for existing substance abuse testing programs.~~
~~(b)This section shall become inoperative on July 1, 2013.~~