Bill Text: CA SB1042 | 2013-2014 | Regular Session | Introduced

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Bill Title: Food facilities: toilet rooms: baby changing tables.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-17 - Referred to Com. on RLS. [SB1042 Detail]

Download: California-2013-SB1042-Introduced.html

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BILL NUMBER: SB 1042	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Calderon

                        FEBRUARY 18, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 114276 of the Health and Safety Code is amended
to read:
   114276.  (a) A permanent food facility shall provide clean toilet
facilities in good repair for use by employees.
   (b) (1) A permanent food facility shall provide clean toilet
facilities in good repair for consumers, guests, or invitees 
when   if  there is onsite consumption of 
foods   food  or  when   if
 the food facility was constructed after July 1, 1984, and has
more than 20,000 square feet of floor space.
   (2) Notwithstanding Section 113984.1, toilet facilities that are
provided for use by consumers, guests, or invitees shall be in a
location where consumers, guests, and invitees do not pass through
food preparation, food storage, or utensil washing areas to reach the
toilet facilities.
   (3) For purposes of this section, a building subject to paragraph
(1) that has a food facility with more than 20,000 square feet of
floor space shall provide at least one separate toilet facility for
men and one separate toilet facility for women.
   (4) For purposes of this section, the gas pump area of a service
station that is maintained in conjunction with a food facility
 shall   is  not  be considered as
 property used in connection with the food facility 
or   and shall not  be  considered
  included  in determining the square footage of
floor space of the food facility.
   (c) (1) Toilet rooms shall be separated by well-fitted,
self-closing doors that prevent the passage of flies, dust, or odors.

   (2) Toilet room doors shall be kept closed except during cleaning
and maintenance operations.
   (d)  (1)    Handwashing facilities, in good
repair, shall be provided as specified in Sections 113953 and
113953.3.
    (2)     A baby changing table shall be
provided within or adjacent to t  oilet rooms unless the
addition of a baby changing table would result in noncompliance with
a law relating to access for persons with disabilities, as determined
by the local health inspector. 
   (e) Any city, county, or city and county may enact ordinances that
are more restrictive  or promote a higher standard of health or
sanitation  than this section.
   (f) (1) Except as provided in paragraph (1) of subdivision (b),
any building that is constructed before January 1, 2004, that has a
food facility that provides space for the consumption of food on the
premises shall either provide clean toilet facilities in good repair
for consumers, guests, or invitees on property used in connection
with, or in, the food facility or prominently post a sign within the
food facility in a public area stating that toilet facilities are not
provided.
   (2) The first violation of paragraph (1) shall result in a
warning. Subsequent violations shall constitute an infraction
punishable by a fine of not more than two hundred fifty dollars
($250).
   (3) The requirements of this section for toilet facilities that
are accessible to consumers, guests, or invitees on the property may
be satisfied by permitting access by those persons to the toilet and
handwashing facilities that are required by this part.
  SEC. 2.  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.