Bill Text: CA SB241 | 2009-2010 | Regular Session | Chaptered
Bill Title: Retail food facilities.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 571, Statutes of 2009. [SB241 Detail]
Download: California-2009-SB241-Chaptered.html
BILL NUMBER: SB 241 CHAPTERED
BILL TEXT
CHAPTER 571
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 2, 2009
PASSED THE ASSEMBLY AUGUST 27, 2009
AMENDED IN ASSEMBLY JULY 1, 2009
AMENDED IN SENATE APRIL 14, 2009
INTRODUCED BY Senator Runner
(Principal coauthor: Assembly Member Mendoza)
FEBRUARY 24, 2009
An act to amend Sections 113733, 113735, 113769, 113784, 113789,
113801, 113818, 113821, 113831, 113871, 113876, 113879, 113930,
113932, 113939, 113947, 113949.1, 113949.2, 113950.5, 113953, 113969,
113976, 113982, 113984, 113986, 113996, 114002, 114004, 114021,
114041, 114067, 114089, 114099.2, 114099.6, 114117, 114159, 114163,
114185, 114185.5, 114250, 114252, 114279, 114286, 114295, 114311,
114313, 114314, 114358, 114371, 114380, 114381, and 114387 of, to add
Sections 113747.1, 113778.4, 113794.4, 114099.7, 114118, 114130.6,
and 114306 to, to add the heading of Chapter 10.5 (commencing with
Section 114332) to Part 7 of Division 104 of, to repeal Sections
113915, 114020.1, 114245.8, 114435, and 114436 of, and to repeal the
heading of Article 13.5 (commencing with Section 114332) of Chapter
10 of Part 7 of Division 104 of, the Health and Safety Code, relating
to food facilities, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 241, Runner. Retail food facilities.
(1) The California Retail Food Code provides for the regulation of
health and sanitation standards for retail food facilities,
including mobile food facilities and satellite food service, as
defined, by the State Department of Public Health. Under existing
law, local health agencies are primarily responsible for enforcing
this code. A violation of these provisions is punishable as a
misdemeanor.
The code defines an "egg" to mean the shell egg of a domesticated
chicken, turkey, duck, goose, or guinea.
This bill would revise this definition to include the shell egg of
an avian species, as specified, except a balut and an egg product.
This bill would define cold water and frozen food for purposes of
the code.
The code defines a "major violation" to mean a violation of the
code that poses an imminent health hazard and warrants immediate
closure action.
This bill would instead apply this definition to a violation that
may pose such a health hazard and warrant these actions.
(2) The code exempts from its provisions premises set aside for
wine tasting.
This bill would revise this exemption, as specified.
(3) The code exempts from its provisions child day care
facilities, community care facilities, residential care facilities
for the chronically ill, and residential care facilities for the
elderly. The code requires, if and when a specific appropriation is
made available, the State Department of Social Services to develop
new regulations regarding food preparation provisions for child day
care facilities, community care facilities, and residential care
facilities for the elderly.
This bill would make technical, nonsubstantive changes to these
provisions.
(4) The code defines prepackaged food as any properly labeled
processed food, prepackaged to prevent direct human contact with the
food product upon distribution from the manufacturer and prepared at
an approved source.
This bill would revise this definition to include distribution
from a food facility or other approved source.
(5) The code defines a produce stand to mean a permanent food
facility that sells, offers for sale, or gives away only produce or
shell eggs, or both.
This bill would exclude from this definition certain premises
operated by a producer. It would also revise the definition of
vermin, as specified.
This bill would additionally define a "single operating site
mobile food facility" for purposes of the California Retail Food
Code, and impose various requirements on these facilities. The bill
would revise various standards applicable to mobile food facilities
and satellite food service, with respect to water storage,
contamination prevention, and construction standards.
(6) The code requires a local health officer, when notified of an
illness that can be transmitted by food or a food employee of a food
facility, to inform the local enforcement agency.
This bill would instead require the local enforcement agency to be
informed when the local health officer is notified of an illness
that can be transmitted by any employee of a food facility. By
increasing duties of local officials, this bill would impose a
state-mandated local program.
(7) The code prohibits food prepared in a private home from being
used or offered for sale in a food facility.
This bill would also prohibit food stored in a private home from
being used or offered for sale in a food facility.
(8) The code prohibits toilet rooms from being used for the
storage of food, equipment, or supplies.
This bill would delete this prohibition.
The bill, among other things, would also revise provisions
regarding the heating and cooling of food, lighting of specified
rooms and areas, and the sanitization of utensils and equipment, and
would make various technical, nonsubstantive changes.
By imposing new crimes and changing the definitions of existing
crimes, this bill would impose a state-mandated local program.
(9) 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.
(10) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 113733 of the Health and Safety Code is amended
to read:
113733. "Acute gastrointestinal illness" means a short duration
illness most often characterized by either of the following, which
are known to be commonly associated with the agents most likely to be
transmitted from infected food employees through contamination of
food:
(a) Diarrhea, either alone or in conjunction with other
gastrointestinal symptoms, such as vomiting, fever, or abdominal
cramps.
(b) Vomiting in conjunction with either diarrhea or two other
gastrointestinal symptoms, such as fever or abdominal cramps.
SEC. 2. Section 113735 of the Health and Safety Code is amended to
read:
113735. "Approved source" means a food source allowed under
Article 3 (commencing with Section 114021) of Chapter 4, or a
producer, manufacturer, distributor, or food facility that is
acceptable to the enforcement agency based on a determination of
conformity with applicable laws, or, in the absence of applicable
laws, with current public health principles and practices, and
generally recognized industry standards that protect public health.
SEC. 3. Section 113747.1 is added to the Health and Safety Code,
to read:
113747.1. "Cold water" means potable water that is not heated by
an auxiliary method or source.
SEC. 4. Section 113769 of the Health and Safety Code is amended to
read:
113769. "Egg" means the shell egg of an avian species that
includes chicken, duck, goose, guinea, quail, ratite, or turkey,
except a balut and an egg product. "Egg" does not include the egg of
a reptile species, including an alligator.
SEC. 5. Section 113778.4 is added to the Health and Safety Code,
to read:
113778.4. "Fabric implement" means a cloth or fabric, including,
but not limited to, burlap and cheesecloth, that is used as part of
the food process and comes in direct contact with food that is
subsequently cooked.
SEC. 6. Section 113784 of the Health and Safety Code is amended to
read:
113784. "Food compartment" means an enclosed space, including,
but not limited to, an air pot, blender, bulk dispensing system,
covered chafing dish, and covered ice bin, with all of the following
characteristics:
(a) The space is defined by a physical barrier from the outside
environment that completely encloses all food, food-contact surfaces,
and the handling of nonprepackaged food.
(b) All access openings are equipped with tight-fitting closures,
or one or more alternative barriers that effectively protect the food
from contamination, facilitate safe food handling, while minimizing
exposure to the environment.
(c) It is constructed from materials that are nontoxic, smooth,
easily cleanable, and durable and is constructed to facilitate the
cleaning of the interior and exterior of the compartment.
SEC. 7. Section 113789 of the Health and Safety Code is amended to
read:
113789. (a) "Food facility" means an operation that stores,
prepares, packages, serves, vends, or otherwise provides food for
human consumption at the retail level, including, but not limited to,
the following:
(1) An operation where food is consumed on or off the premises,
regardless of whether there is a charge for the food.
(2) Any place used in conjunction with the operations described in
this subdivision, including, but not limited to, storage facilities
for food-related utensils, equipment, and materials.
(b) "Food facility" includes permanent and nonpermanent food
facilities, including, but not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities.
(4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers' markets, for purposes of permitting and
enforcement pursuant to Section 114370.
(10) Farm stands, for purposes of permitting and enforcement
pursuant to Section 114375.
(c) "Food facility" does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are
used for storing or handling food.
(2) A private home.
(3) A church, private club, or other nonprofit association that
gives or sells food to its members and guests, and not to the general
public, at an event that occurs not more than three days in any
90-day period.
(4) A for-profit entity that gives or sells food at an event that
occurs not more than three days in a 90-day period for the benefit of
a nonprofit association, if the for-profit entity receives no
monetary benefit, other than that resulting from recognition from
participating in an event.
(5) Premises set aside for wine tasting, as that term is used in
Section 23356.1 of the Business and Professions Code and in the
regulations adopted pursuant to that section, that comply with
Section 118375, regardless of whether there is a charge for the wine
tasting, if no other beverage, except for bottles of wine and
prepackaged nonpotentially hazardous beverages, is offered for sale
for onsite consumption and no food, except for crackers, is served.
(6) Premises operated by a producer, selling or offering for sale
only whole produce grown by the producer, or shell eggs, or both,
provided the sales are conducted on premises controlled by the
producer.
(7) A commercial food processing plant as defined in Section
111955.
(8) A child day care facility, as defined in Section 1596.750.
(9) A community care facility, as defined in Section 1502.
(10) A residential care facility for the elderly, as defined in
Section 1569.2.
(11) A residential care facility for the chronically ill, which
has the same meaning as a residential care facility, as defined in
Section 1568.01.
SEC. 8. Section 113794.4 is added to the Health and Safety Code,
to read:
113794.4. "Frozen food" means a food maintained at a temperature
at which all moisture therein is in a solid state.
SEC. 9. Section 113801 of the Health and Safety Code is amended to
read:
113801. "HACCP plan" means a written document that complies with
the requirements of Section 114419.1 and that delineates the formal
procedures for following the Hazard Analysis Critical Control Point
principles developed by the National Advisory Committee on
Microbiological Criteria for Foods. These principles include
completion of the following basic steps:
(a) Completion of hazard analysis identification by identifying
the likely hazards to consumers presented by a specific food.
(b) Determination of critical control points in receiving,
storage, preparation, displaying, and dispensing of a food.
(c) Setting of measurable critical limits for each critical
control point determined.
(d) Developing and maintaining monitoring practices to determine
if critical limits are being met.
(e) Developing and utilizing corrective action plans when failure
to meet critical limits is detected.
(f) Establishing and maintaining a recordkeeping system to verify
adherence to an HACCP plan.
(g) Establishing a system of audits to do both of the following:
(1) Initially verify the effectiveness of the critical limits set
and appropriateness of the determination of critical control points.
(2) Periodically verify the effectiveness of the HACCP plan.
SEC. 10. Section 113818 of the Health and Safety Code is amended
to read:
113818. (a) "Limited food preparation" means food preparation
that is restricted to one or more of the following:
(1) Heating, frying, baking, roasting, popping, shaving of ice,
blending, steaming or boiling of hot dogs, or assembly of
nonprepackaged food.
(2) Dispensing and portioning of nonpotentially hazardous food.
(3) Holding, portioning, and dispensing of any foods that are
prepared for satellite food service by the onsite permanent food
facility or prepackaged by another approved source.
(4) Slicing and chopping of food on a heated cooking surface
during the cooking process.
(5) Cooking and seasoning to order.
(6) Preparing beverages that are for immediate service, in
response to an individual consumer order, that do not contain frozen
milk products.
(b) "Limited food preparation" does not include any of the
following:
(1) Slicing and chopping unless it is on the heated cooking
surface.
(2) Thawing.
(3) Cooling of cooked, potentially hazardous food.
(4) Grinding raw ingredients or potentially hazardous food.
(5) Reheating of potentially hazardous foods for hot holding,
except for steamed or boiled hot dogs and tamales in the original,
inedible wrapper.
(6) Hot holding of nonprepackaged, potentially hazardous food,
except for roasting corn on the cob roasting corn on the cob, steamed
or boiled hot dogs, and tamales in the original, inedible wrapper.
(7) Washing of foods.
(8) Cooking of potentially hazardous foods for later use.
SEC. 11. Section 113821 of the Health and Safety Code is amended
to read:
113821. "Major violation" means a violation of this part that may
pose an imminent health hazard and warrants immediate closure or
other corrective action.
SEC. 12. Section 113831 of the Health and Safety Code is amended
to read:
113831. (a) "Mobile food facility" means any vehicle used in
conjunction with a commissary or other permanent food facility upon
which food is sold or distributed at retail. "Mobile food facility"
does not include a "transporter" used to transport packaged food from
a food facility, or other approved source to the consumer.
(b) "Single operating site mobile food facilities" means at least
one, but not more than four, unenclosed mobile food facilities, and
their auxiliary units, that operate adjacent to each other at a
single location.
SEC. 13. Section 113871 of the Health and Safety Code is amended
to read:
113871. (a) "Potentially hazardous food" means a food that
requires time or temperature control to limit pathogenic
micro-organism growth or toxin formation.
(b) "Potentially hazardous food" includes a food of animal origin
that is raw or heat-treated, a food of plant origin that is
heat-treated or consists of raw seed sprouts, cut melons, cut
tomatoes or mixtures of cut tomatoes that are not modified to render
them unable to support pathogenic micro-organism growth or toxin
formation, and garlic-in-oil mixtures that are not acidified or
otherwise modified at a food processing plant in a way that results
in mixtures that do not support growth or toxin formation as
specified under subdivision (a).
(c) "Potentially hazardous food" does not include any of the
following:
(1) A food with an aw value of 0.85 or less.
(2) A food with a pH level of 4.6 or below when measured at 75*F.
(3) An air-cooled, hard-boiled egg with shell intact, or an egg
with shell intact that is not hard boiled, but has been pasteurized
to destroy all viable salmonellae.
(4) A food in an unopened, hermetically sealed container that is
commercially processed to achieve and maintain commercial sterility
under conditions of nonrefrigerated storage and distribution.
(5) A food that has been shown by appropriate microbial challenge
studies approved by the enforcement agency not to support the rapid
and progressive growth of infectious or toxigenic micro-organisms
that may cause food infections or food intoxications, or the growth
and toxin production of Clostridium botulinum, such as a food that
has an aw and a pH that are above the levels specified under
paragraphs (1) and (2) and that may contain a preservative, other
barrier to the growth of micro-organisms, or a combination of
barriers that inhibit the growth of micro-organisms.
(6) A food that does not support the rapid and progressive growth
of infectious or toxigenic micro-organisms, even though the food may
contain an infectious or toxigenic micro-organism or chemical or
physical contaminant at a level sufficient to cause illness.
SEC. 14. Section 113876 of the Health and Safety Code is amended
to read:
113876. "Prepackaged food" means any properly labeled processed
food, prepackaged to prevent any direct human contact with the food
product upon distribution from the manufacturer, a food facility, or
other approved source.
SEC. 15. Section 113879 of the Health and Safety Code is amended
to read:
113879. "Produce stand" means a permanent food facility that
sells, offers for sale, or gives away only produce or shell eggs, or
both, except that "produce stand" does not include premises operated
by a producer selling or offering for sale only whole produce grown
by the producer, or shell eggs, or both, provided that the sales are
conducted on premises controlled by the producer.
SEC. 16. Section 113915 of the Health and Safety Code is repealed.
SEC. 17. Section 113930 of the Health and Safety Code is amended
to read:
113930. "Temporary food facility" means a food facility approved
by the enforcement officer that operates at a fixed location for the
duration of an approved community event or at a swap meet and only as
a part of the community event or swap meet.
SEC. 18. Section 113932 of the Health and Safety Code is amended
to read:
113932. "Transporter" means any vehicle used to transport food
pursuant to a prior order from a manufacturer, distributor, retail
food facility, or other approved source to a retail food facility or
consumer.
SEC. 19. Section 113939 of the Health and Safety Code is amended
to read:
113939. "Vermin" means cockroaches, mice, rats, and similar pests
that carry disease.
SEC. 20. Section 113947 of the Health and Safety Code is amended
to read:
113947. (a) The person in charge and all food employees shall
have adequate knowledge of, and shall be properly trained in, food
safety as it relates to their assigned duties.
(b) For purposes of this section, "person in charge" means a
designated person who has knowledge of safe food handling practices
as they relate to the specific food preparation activities that occur
at the food facility.
SEC. 21. Section 113949.1 of the Health and Safety Code is amended
to read:
113949.1. (a) When a local health officer is notified of an
illness that can be transmitted by food in a food facility or by an
employee of a food facility, the local health officer shall inform
the local enforcement agency. The local health officer or the local
enforcement agency, or both, shall notify the person in charge of the
food facility and shall investigate conditions and may, after the
investigation, take appropriate action, and for reasonable cause,
require any or all of the following measures to be taken:
(1) The immediate restriction or exclusion of any food employee
from the affected food facility.
(2) The immediate closing of the food facility until, in the
opinion of the local enforcement agency, the identified danger of
disease outbreak has been addressed. Any appeal of the closure shall
be made in writing within five days to the applicable local
enforcement agency.
(3) Any medical evaluation of any employee, including any
laboratory test or procedure, that may be indicated. If an employee
refuses to participate in a medical evaluation, the local enforcement
agency may require the immediate exclusion of the refusing employee
from that or any other food facility until an acceptable medical
evaluation or laboratory test or procedure shows that the employee is
not infectious.
(b) For purposes of this section, "illness" means a condition
caused by any of the following infectious agents:
(1) Salmonella typhi.
(2) Salmonella spp.
(3) Shigella spp.
(4) Entamoeba histolytica.
(5) Enterohemorrhagic or shiga toxin producing Escherichia coli.
(6) Hepatitis A virus.
(7) Norovirus.
(8) Other communicable diseases that are transmissible through
food.
SEC. 22. Section 113949.2 of the Health and Safety Code is amended
to read:
113949.2. The owner who has a food safety certificate issued
pursuant to Section 113947.1 or the food employee who has this food
safety certificate shall instruct all food employees regarding the
relationship between personal hygiene and food safety, including the
association of hand contact, personal habits and behaviors, and food
employee health to foodborne illness. The owner or food safety
certified employee shall require food employees to report the
following to the person in charge:
(a) If a food employee is diagnosed with an illness due to one of
the following:
(1) Salmonella typhi.
(2) Salmonella spp.
(3) Shigella spp.
(4) Entamoeba histolytica.
(5) Enterohemorrhagic or shiga toxin producing Escherichia coli.
(6) Hepatitis A virus.
(7) Norovirus.
(b) If a food employee has a lesion or wound that is open or
draining and is one of the following:
(1) On the hands or wrists, unless an impermeable cover such as a
finger cot or stall protects the lesion and a single-use glove is
worn over the impermeable cover.
(2) On exposed portions of the arms, unless the lesion is
protected by an impermeable cover.
(3) On other parts of the body, unless the lesion is covered by a
dry, durable, tight-fitting bandage.
SEC. 23. Section 113950.5 of the Health and Safety Code is amended
to read:
113950.5. (a) The person in charge may remove a restriction for a
food employee upon the resolution of symptoms as reported by a food
employee if the food employee states that he or she no longer has any
symptoms of an acute gastrointestinal illness.
(b) Only the local health officer or the local enforcement agency,
or both, shall remove exclusions or restrictions, or both, related
to diagnosed illnesses due to infectious agents specified in
subdivision (b) of Section 113949.1 after the local health officer
provides a written clearance stating that the excluded or restricted
food employee is no longer considered infectious.
SEC. 24. Section 113953 of the Health and Safety Code is amended
to read:
113953. (a) Handwashing facilities shall be provided within or
adjacent to toilet rooms. The number of handwashing facilities
required shall be in accordance with local building and plumbing
codes.
(b) (1) Except as otherwise provided in Section 114358, food
facilities constructed or extensively remodeled after January 1,
1996, that handle nonprepackaged food, shall provide facilities
exclusively for handwashing in food preparation areas and in
warewashing areas that are not located within or immediately adjacent
to food preparation areas. Handwashing facilities shall be
sufficient in number and conveniently located so as to be accessible
at all times for use by food employees.
(2) The handwashing facility shall be separated from the
warewashing sink by a metal splashguard with a height of at least 6
inches, that extends from the back edge of the drainboard to the
front edge of the drainboard, the corners of the barrier to be
rounded. No splashguard is required if the distance between the
handwashing sink and the warewashing sink drainboards is 24 inches or
more.
(c) Handwashing facilities shall be equipped to provide warm water
under pressure for a minimum of 15 seconds through a mixing valve or
combination faucet. If the temperature of water provided to a
handwashing sink is not readily adjustable at the faucet, the
temperature of the water shall be at least 100*F, but not greater
than 108*F.
(d) An automatic handwashing facility may be installed and used in
accordance with the manufacturer's instructions.
(e) Notwithstanding subdivision (b), the enforcement agency may
allow handwashing facilities other than those required by this
section when it deems that the alternate facilities are adequate.
SEC. 25. Section 113969 of the Health and Safety Code is amended
to read:
113969. (a) Except as specified in subdivision (b), all food
employees preparing, serving, or handling food or utensils shall wear
hair restraints, such as hats, hair coverings, or nets, which are
designed and worn to effectively keep their hair from contacting
nonprepackaged food, clean equipment, utensils, linens, and unwrapped
single-use articles.
(b) This section does not apply to food employees, such as counter
staff who only serve beverages and wrapped or prepackaged foods,
hostesses, and wait staff, if they present a minimal risk of
contaminating nonprepackaged food, clean equipment, utensils, linens,
and unwrapped single-use articles.
SEC. 26. Section 113976 of the Health and Safety Code is amended
to read:
113976. Unless a utensil used to taste food is discarded after
the first time it is used for this purpose and before the next
tasting or any other use, the utensil shall be washed, rinsed, and
sanitized pursuant to Chapter 5 (commencing with Section 114095)
between tastings and before any other use.
SEC. 27. Section 113982 of the Health and Safety Code is amended
to read:
113982. (a) Food shall be transported in a manner that meets the
following requirements:
(1) The interior floor, sides, and top of the food holding area
shall be constructed of a smooth, washable, impervious material
capable of withstanding frequent cleaning.
(2) The food holding area shall be constructed and operated so
that no liquid wastes can drain onto any street, sidewalk, or
premises.
(3) Except as provided in subdivision (a) of Section 113996,
potentially hazardous food shall be maintained at the required
holding temperatures.
(b) This section shall not apply to the transportation of
prepackaged nonpotentially hazardous foods.
SEC. 28. Section 113984 of the Health and Safety Code is amended
to read:
113984. (a) Adequate and suitable counter space shall be provided
for all food preparation operations.
(b) Except as specified in subdivision (c), food preparation shall
be conducted within a fully enclosed food facility.
(c) Limited food preparation shall be conducted within a food
compartment or as approved by the enforcement agency. Subject to
subdivision (g), this subdivision shall not be construed to require
an additional food compartment when adding ingredients to a beverage
or dispensing into a serving container when the beverage is prepared
for immediate service in response to an individual consumer order.
(d) Food shall be prepared with suitable utensils and on surfaces
that, prior to use, have been cleaned, rinsed, and sanitized as
specified in Section 114117 to prevent cross-contamination.
(e) Overhead protection shall be provided above all food
preparation, food display, warewashing, and food storage areas.
(f) All food shall be thawed, washed, sliced, and cooled within an
approved fully enclosed food facility.
(g) Based upon local environmental conditions, location, and other
similar factors, the enforcement officer may establish additional
structural or operational requirements, or both, for mobile food
facilities as necessary to ensure that foods, food-contact surfaces,
and utensils are of a safe and sanitary quality.
SEC. 29. Section 113986 of the Health and Safety Code is amended
to read:
113986. (a) Food shall be protected from cross-contamination by
utilizing one or more of the following methods:
(1) Separating raw food of animal origin during transportation,
storage, preparation, holding, and display from raw ready-to-eat
food, including other raw food of animal origin such as fish for
sushi or molluscan shellfish, or other raw ready-to-eat food such as
produce, and cooked ready-to-eat food in any of the following ways:
(A) Using separate equipment of each type.
(B) Arranging each type of food in equipment so that
cross-contamination of one type with another is prevented.
(C) Preparing each type of food at different times or in separate
areas.
(D) Except as specified in subdivision (b), storing the food in
packages, covered containers, or wrappings.
(E) Cleaning hermetically sealed containers of food of visible
soil before opening.
(F) Protecting food containers that are received packaged together
in a case or overwrap from cuts when the case or overwrap is opened.
(G) Storing damaged, spoiled, or recalled food being held in the
food establishment as specified in Section 114055.
(H) Separating fruits and vegetables before they are washed, as
specified in Section 113992, from ready-to-eat food.
(2) Except when combined as ingredients, separating types of raw
foods of animal origin from each other during transportation,
storage, preparation, holding, and display in the following ways:
(A) Using separate equipment for each type.
(B) Arranging each type of food in equipment so that
cross-contamination of one type with another is prevented.
(C) Preparing each type of food at different times or in separate
areas.
(D) Except as specified in subdivision (b), storing the food in
packages, covered containers, or wrappings.
(E) Cleaning hermetically sealed containers of food of visible
soil before opening.
(F) Protecting food containers that are received packaged together
in a case or overwrap from cuts when the case or overwrap is opened.
(G) Storing damaged, spoiled, or recalled food being held in the
food establishment as specified in Section 114055.
(H) Separating fruits and vegetables before they are washed, as
specified in Section 113992, from ready-to-eat food.
(b) Subparagraph (D) of paragraph (2) of subdivision (a) of this
section shall not apply to any of the following:
(1) Whole, uncut, raw fruits and vegetables and nuts in the shell
that require peeling or hulling before consumption.
(2) Primal cuts, quarters, or sides of raw meat or slab bacon that
are hung on clean, sanitized hooks or placed on clean, sanitized
racks.
(3) Whole, uncut, processed meats, such as country hams, and
smoked or cured sausages that are placed on clean, sanitized racks.
(4) Food being cooled as specified in subdivision (b) of Section
114002.1.
(5) Shellstock.
SEC. 30. Section 113996 of the Health and Safety Code is amended
to read:
113996. (a) Except during preparation, cooking, cooling,
transportation to or from a retail food facility for a period of less
than 30 minutes, or when time is used as the public health control
as specified under Section 114000, or as otherwise provided in this
section, potentially hazardous food shall be maintained at or above
135*F, or at or below 41*F.
(b) Roasts cooked to a temperature and for a time specified in
subdivision (b) of Section 114004 shall be held at a temperature of
130*F or above.
(c)
The following foods may be held at or below 45*F:
(1) Raw shell eggs.
(2) Unshucked live molluscan shellfish.
(3) Pasteurized milk and pasteurized milk products in original,
sealed containers.
(4) Potentially hazardous foods held for dispensing in vending
machines.
(5) Potentially hazardous foods held for sampling at a certified
farmers' market.
(6) Potentially hazardous foods held during transportation.
(d) Potentially hazardous foods held for dispensing in serving
lines and salad bars may be maintained above 41*F, but not above
45*F, during periods not to exceed 12 hours in any 24-hour period
only if the unused portions are disposed of at or before the end of
this 24-hour period. For purposes of this subdivision, a display case
shall not be deemed to be a serving line.
SEC. 31. Section 114002 of the Health and Safety Code is amended
to read:
114002. (a) Whenever food has been prepared or heated so that it
becomes potentially hazardous, it shall be rapidly cooled if not held
at or above 135*F.
(b) After heating or hot holding, potentially hazardous food shall
be cooled rapidly from 135*F to 41*F or below within six hours and,
during this time the decrease in temperature from 135*F to 70*F shall
occur within two hours.
(c) Potentially hazardous food shall be cooled within four hours
to 41*F or less if prepared from ingredients at ambient temperature,
such as reconstituted foods and canned tuna.
(d) Except as specified in subdivision (e), a potentially
hazardous food received in compliance with laws allowing a
temperature above 41*F during shipment from the supplier as specified
in Section 114037 shall be cooled within four hours to 41*F or less.
(e) Pasteurized milk in original, sealed containers, pasteurized
milk products in original, sealed containers, raw shell eggs, and
unshucked live molluscan shellfish need not comply with subdivision
(c) or (d) if these foods are placed immediately upon their receipt
in refrigerated equipment that maintains an ambient temperature of
45*F or less.
SEC. 32. Section 114004 of the Health and Safety Code is amended
to read:
114004. (a) Except as specified in subdivision (c), all
ready-to-eat foods prepared at a food facility from raw or
incompletely cooked food of animal origin shall be cooked to heat all
parts of the food to a temperature and for a time that complies with
the following methods based on the food that is cooked:
(1) The following shall be heated to a minimum internal
temperature of 145*F or above for 15 seconds:
(A) Raw shell eggs that are broken and prepared in response to a
consumer's order and for immediate service.
(B) Fish.
(C) Single pieces of meat, including beef, veal, lamb, pork, and
game animals from approved sources.
(2) The following foods shall be heated to a minimum internal
temperature of 155*F for 15 seconds or the temperature specified in
the following chart that corresponds to the holding time:
(A) Ratites and injected meats.
(B) Comminuted meat or any food containing comminuted meat.
(C) Raw eggs and foods containing raw eggs that are not prepared
as specified in paragraph (1).
+-------------------------------------------------+
| Minimum |
+------------------------+------------------------+
| Temperature (b0F) | Time |
+------------------------+------------------------+
| 145 | 3 minutes |
+------------------------+------------------------+
| 150 | 1 minute |
+------------------------+------------------------+
| 158 | < 1second |
| | (instantaneous) |
+------------------------+------------------------+
(3) The following shall be heated to a minimum internal
temperature of 165*F for 15 seconds:
(A) Poultry.
(B) Comminuted poultry.
(C) Stuffed fish, stuffed meat, stuffed poultry, and stuffed
ratites.
(D) Stuffing containing fish, meat, poultry, or ratites.
(E) Pasta and any other food stuffed with fish, meat, poultry, or
ratites.
(b) Whole beef roasts, corned beef roasts, pork roasts, and cured
pork roasts, such as ham, shall be cooked as specified in both of the
following:
(1) In an oven that is preheated to the temperature specified for
the roast's weight in the following chart and that is held at that
temperature:
+---------------------+----------------------------+
| Oven Type | Oven Temperature Based on |
| | Roast Weight |
| +---------------+------------+
| | Less than 10 | 10 lbs or |
| | lbs | more |
+---------------------+---------------+------------+
|Still Dry | 350b0F or more | 250b0F or
|
| | | more |
+---------------------+---------------+------------+
|Convection | 325b0F or more | 250b0F or
|
| | | more |
+---------------------+---------------+------------+
|High Humidity* | 250b0F or less | 250b0F or
|
| | | less |
+---------------------+---------------+------------+
|*Relative humidity greater than 90% for at least |
|1 hour measured in the cooking chamber or exit of |
|the oven; or in a moisture-impermeable bag that |
|provides 100% humidity. |
+--------------------------------------------------+
(2) As specified in the following chart, to heat all parts of the
food to a temperature and for the holding time that corresponds to
that temperature:
+------------+------------+------------+------------+
| Temperature| Time* in | Temperature| Time* in |
| (b0F) | Minutes | (b0F) | Seconds
|
+------------+------------+------------+------------+
| 130 | 112 | 147 | 134 |
+------------+------------+------------+------------+
| 131 | 89 | 149 | 85 |
+------------+------------+------------+------------+
| 133 | 56 | 151 | 54 |
+------------+------------+------------+------------+
| 135 | 36 | 153 | 34 |
+------------+------------+------------+------------+
| 136 | 28 | 155 | 22 |
+------------+------------+------------+------------+
| 138 | 18 | 157 | 14 |
+------------+------------+------------+------------+
| 140 | 12 | 158 | 0 |
+------------+------------+------------+------------+
| 142 | 8 | | |
+------------+------------+------------+------------+
| 144 | 5 | | |
+------------+------------+------------+------------+
| 145 | 4 | | |
+------------+------------+------------+------------+
|* Holding time may include postoven heat rise. |
+---------------------------------------------------+
(c) The department may approve alternative time and temperature
minimum heating requirements to thoroughly cook the foods identified
in this section when the food facility or person demonstrates to the
department that the alternative heating requirements provide an
equivalent level of food safety.
SEC. 33. Section 114020.1 of the Health and Safety Code is
repealed.
SEC. 34. Section 114021 of the Health and Safety Code is amended
to read:
114021. (a) Food shall be obtained from sources that comply with
all applicable laws.
(b) Food stored or prepared in a private home shall not be used or
offered for sale in a food facility.
SEC. 35. Section 114041 of the Health and Safety Code is amended
to read:
114041. (a) Shell eggs shall be received clean and sound.
(b) Shell eggs shall not exceed the restricted egg tolerances for
United States Consumer Grade B Standards.
SEC. 36. Section 114067 of the Health and Safety Code is amended
to read:
114067. (a) Satellite food service is restricted to limited food
preparation.
(b) Satellite food service shall only be operated by a fully
enclosed permanent food facility that meets the requirements for food
preparation and service and that is responsible for servicing the
satellite food service operation.
(c) Prior to conducting satellite food service, the permitholder
of the permanent food facility shall submit to the enforcement agency
written standard operating procedures that include all of the
following information:
(1) All food products that will be handled and dispensed.
(2) The proposed procedures and methods of food preparation and
handling.
(3) Procedures, methods, and schedules for cleaning utensils,
equipment, structures, and for the disposal of refuse.
(4) How food will be transported to and from the permanent food
facility and the satellite food service operation, and procedures to
prevent contamination of foods.
(5) How potentially hazardous foods will be maintained in
accordance with Section 113996.
(d) All food preparation shall be conducted within a food
compartment or fully enclosed facility approved by the enforcement
officer.
(e) Satellite food service areas shall have overhead protection
that extends over all food handling areas.
(f) Satellite food service operations that handle nonprepackaged
food shall be equipped with approved handwashing facilities and
warewashing facilities that are either permanently plumbed or
self-contained.
(g) Notwithstanding subdivision (f), the local enforcement agency
may approve the use of alternative warewashing facilities.
(h) During nonoperating hours and periods of inclement weather,
food, food contact surfaces, and utensils shall be stored within any
of the following:
(1) A fully enclosed satellite food service operation.
(2) Approved food compartments where food, food contact surfaces,
and utensils are protected at all times from contamination, exposure
to the elements, ingress of vermin, and temperature abuse.
(3) A fully enclosed permanent food facility.
(i) Satellite food service activities shall be conducted by and
under the constant and complete control of the permitholder of the
fully enclosed permanent food facility, or the duly contracted
personnel of, or third-party providers to, the permitholder.
(j) For purposes of permitting and enforcement, the permitholder
of the permanent food facility and the permitholder of the satellite
food service shall be the same.
SEC. 37. Section 114089 of the Health and Safety Code is amended
to read:
114089. (a) Food prepackaged in a food facility shall bear a
label that complies with the labeling requirements prescribed by the
Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section
109875)), 21 C.F.R. 101-Food Labeling, 9 C.F.R. 317-Labeling,
Marking Devices, and Containers, and 9 C.F.R. 381-Subpart N Labeling
and Containers, and as specified under Sections 114039 and 114039.1.
(b) Label information shall include the following:
(1) The common name of the food, or absent a common name, an
adequately descriptive identity statement.
(2) If made from two or more ingredients, a list of ingredients in
descending order of predominance by weight, including a declaration
of artificial color or flavor and chemical preservatives, if
contained in the food.
(3) An accurate declaration of the quantity of contents.
(4) The name and place of business of the manufacturer, packer, or
distributor.
(5) Except as exempted in the Federal Food, Drug, and Cosmetic Act
(Section 403(Q)(3)-(5) (21 U.S.C. Sec. 343(q)(3)-(5), incl.)),
nutrition labeling as specified in 21 C.F.R. 101-Food Labeling and 9
C.F.R. 317 Subpart B Nutrition Labeling.
(c) Bulk food that is available for consumer self-service shall be
prominently labeled with either of the following in plain view of
the consumer:
(1) The manufacturer's or processor's label that was provided with
the food.
(2) A card, sign, or other method of notification that includes
the information specified under paragraphs (1), (2), and (5) of
subdivision (b).
SEC. 38. Section 114099.2 of the Health and Safety Code is amended
to read:
114099.2. (a) Notwithstanding Section 114099, manual warewashing
shall be accomplished by using a three-compartment sink.
(b) The temperature of the washing solution shall be maintained at
not less than 100*F or the temperature specified by the manufacturer
on the cleaning agent manufacturer's label instructions or as
provided in writing by the manufacturer.
(c) The utensils shall then be rinsed in clear water before being
immersed in a sanitizing solution.
(d) Manual sanitization shall be accomplished as specified in
Section 114099.6.
(e) In-place sanitizing shall be accomplished as specified in
Section 114099.6.
(f) Other methods may be used if approved by the enforcement
agency.
SEC. 39. Section 114099.6 of the Health and Safety Code is amended
to read:
114099.6. Manual sanitization shall be accomplished in the final
sanitizing rinse by one of the following:
(a) Immersion for at least 30 seconds where the water temperature
is maintained at 171*F or above.
(b) The application of sanitizing chemicals by immersion, manual
swabbing, or brushing, using one of the following solutions:
(1) Contact with a solution of 100 ppm available chlorine solution
for at least 30 seconds.
(2) Contact with a solution of 25 ppm available iodine for at
least one minute.
(3) Contact with a solution of 200 ppm quaternary ammonium for at
least one minute.
(4) Contact with any chemical sanitizer that meets the
requirements of Section 180.940 of Title 40 of the Code of Federal
Regulations when used in accordance with the manufacturer's use
directions.
(c) Other methods approved by the enforcement agency.
SEC. 40. Section 114099.7 is added to the Health and Safety Code,
to read:
114099.7. Mechanical sanitization shall be accomplished in the
final sanitizing rinse by one of the following:
(a) By being cycled through equipment that is used in accordance
with the manufacturer's specifications and achieving a utensil
surface temperature of 160*F as measured by an irreversible
registering temperature indicator.
(b) The mechanical application of sanitizing chemicals by pressure
spraying methods using one of the following solutions:
(1) Contact with a solution of 50 ppm available chlorine for at
least 30 seconds.
(2) Contact with a solution of 25 ppm available iodine for at
least one minute.
(3) Contact with any chemical sanitizer that meets the
requirements of Section 180.940 of Title 40 of the Code of Federal
Regulations when used in accordance with the following:
(A) The sanitizer manufacturer's use directions as specified on
the product label.
(B) The machine manufacturer's specifications as provided in the
manufacturer's operating instructions.
SEC. 41. Section 114117 of the Health and Safety Code is amended
to read:
114117. (a) Equipment food-contact surfaces and utensils shall be
cleaned and sanitized at the following times:
(1) Except as specified in subdivision (b), before each use with a
different type of raw food of animal origin such as beef, fish,
lamb, pork, or poultry.
(2) Each time there is a change from working with raw foods to
working with ready-to-eat foods.
(3) Between uses with raw produce and with potentially hazardous
food.
(4) Before using or storing a food temperature measuring device.
(5) At any time during the operation when contamination may have
occurred.
(b) Paragraph (1) of subdivision (a) does not apply if the food
contact surface or utensil is in contact with a succession of
different raw foods of animal origin, each requiring a higher cooking
temperature as specified in Section 114004 than the previous food,
such as preparing raw fish followed by cutting raw poultry on the
same cutting board.
(c) Except as specified in subdivision (d), if used with
potentially hazardous food, equipment food-contact surfaces and
utensils shall be cleaned and sanitized throughout the day at least
every four hours.
(d) Surfaces of utensils and equipment contacting potentially
hazardous food may be cleaned and sanitized less frequently than
every four hours if any of the following occurs:
(1) In storage, containers of potentially hazardous food and their
contents are maintained at temperatures as specified in Section
113996 and the containers are cleaned and sanitized when they are
empty.
(2) Utensils and equipment are used to prepare food in a
refrigerated room or area that is maintained at or below 55*F. In
that case, the utensils and equipment shall be cleaned and sanitized
at the frequency that corresponds to the temperature as depicted in
the following chart and the cleaning frequency based on the ambient
temperature of the refrigerated room or area shall be documented and
records shall be maintained in the food facility and made available
to the enforcement agency upon request:
+------------------------+------------------------+
|Temperature |Cleaning Frequency |
+------------------------+------------------------+
|5.0b0C (41b0F) or less |24 hours |
+------------------------+------------------------+
|>5.0b0C - 7.2b0C |20 hours |
|(>41b0F - 45b0F) | |
+------------------------+------------------------+
|>7.2b0C - 10.0b0C |16 hours |
|(>45b0F - 50b0F) | |
+------------------------+------------------------+
|>10.0b0C - 12.8b0C |10 hours |
|(>50b0F - 55b0F) | |
+------------------------+------------------------+
(3) Containers in serving situations such as salad bars, delis,
and cafeteria lines that hold ready-to-eat potentially hazardous food
that is maintained at the temperatures specified in subdivisions (a)
to (c), inclusive, of Section 113996 are intermittently combined
with additional supplies of the same food that is at the required
temperature, and the containers are cleaned and sanitized at least
every 24 hours. Utensils and containers holding potentially hazardous
foods in accordance with subdivision (d) of Section 113996 are
cleaned when they are empty or when the remaining contents are
disposed of.
(4) Temperature measuring devices are maintained in contact with
food, such as when left in a container of deli food or in a roast,
held at temperatures specified in Sections 113996 and 114004.
(5) Equipment is used for storage of packaged or unpackaged food,
such as a reach-in refrigerator, and the equipment is cleaned and
sanitized at a frequency necessary to preclude accumulation of soil
residues.
(6) The cleaning schedule is approved based on consideration of
characteristics of the equipment and its use, the type of food
involved, the amount of food residue accumulation, and the
temperature at which the food is maintained during the operation and
the potential for the rapid and progressive multiplication of
pathogenic or toxigenic micro-organisms that are capable of causing
foodborne disease.
(7) In-use utensils are intermittently stored in a container of
water in which the water is maintained at 135*F or higher and the
utensils and container are cleaned and sanitized at least every 24
hours or at a frequency necessary to preclude accumulation of soil
residues.
(e) Except when dry cleaning methods are used as specified in
Section 114111, surfaces of utensils and equipment contacting food
that is not potentially hazardous shall be cleaned and sanitized in
any of the following circumstances:
(1) At any time when contamination may have occurred.
(2) At least every 24 hours for iced tea dispensers and consumer
self-service utensils such as tongs, scoops, or ladles.
(3) Before restocking consumer self-service equipment and utensils
such as condiment dispensers and display containers.
(4) In equipment such as ice bins and beverage dispensing nozzles
and enclosed components of equipment such as ice makers, cooking oil
storage tanks and distribution lines, beverage and syrup dispensing
lines or tubes, coffee bean grinders, and water vending equipment, at
a frequency specified by the manufacturer, or, absent manufacturer
specifications, at a frequency necessary to preclude accumulation of
soil or mold.
SEC. 42. Section 114118 is added to the Health and Safety Code, to
read:
114118. Fabric implements shall be laundered and sanitized before
or after use in direct contact with food.
SEC. 43. Section 114130.6 is added to the Health and Safety Code,
to read:
114130.6. Materials that are used in fabric implements shall not
allow the migration of deleterious substances or impart colors,
odors, or tastes to food and under normal use conditions shall be
safe, durable, and sufficient in strength to withstand repeated
cleaning or laundering and shall be resistant to fraying and
deterioration.
SEC. 44. Section 114159 of the Health and Safety Code is amended
to read:
114159. (a) Except for vending machines, an accurate, easily
readable, metal probe thermometer suitable for measuring the
temperature of food shall be readily available on the premises of
each food facility holding potentially hazardous food.
(b) A food temperature measuring device with a suitable
small-diameter probe that is designed to measure the temperature of
thin masses shall be provided and readily accessible to accurately
measure the temperature in thin foods such as meat patties and fish
fillets.
(c) Food temperature measuring devices that are scaled only in
Fahrenheit shall be accurate to +/-2*F in the intended range of use.
Food temperature measuring devices that are scaled only in Celsius or
dually scaled in Celsius and Fahrenheit shall be accurate to +/-1*C
in the intended range of use.
(d) Food temperature measuring devices shall not have sensors or
stems constructed of glass, except that thermometers with glass
sensors or stems that are encased in a shatterproof coating, such as
candy thermometers, may be used.
(e) Food temperature measuring devices shall be calibrated in
accordance with manufacturer's specifications as necessary to ensure
their accuracy.
SEC. 45. Section 114163 of the Health and Safety Code is amended
to read:
114163. (a) Except as specified in subdivision (b), all permanent
food facilities that wash, rinse, soak, thaw, or similarly prepare
foods shall be provided with a food preparation sink.
(1) The food preparation sink shall have a minimum dimension of 18
inches by 18 inches in length and width and 12 inches in depth with
an integral drainboard or adjacent table at least 18 inches by 18
inches in length and width.
(2) The food preparation sink shall be located in the food
preparation area, provided exclusively for food preparation, and
accessible at all times.
(3) The sink shall be equipped with an adequate supply of hot and
cold running water through a mixing valve.
(b) (1) Food facilities that were approved for operation without a
food preparation sink prior to January 1, 2007, need not provide a
food preparation sink unless the food facility makes a menu change or
changes their method of operation.
(2) The enforcement officer may approve other methods where the
installation of a food preparation sink would not be readily
feasible.
SEC. 46. Section 114185 of the Health and Safety Code is amended
to read:
114185. Except for linen used in fabric implements, linen shall
not be used in contact with food unless they are used to line a
container for the service of foods and the linens are replaced each
time the container is refilled for a new consumer and laundered prior
to reuse.
SEC. 47. Section 114185.5 of the Health and Safety Code is amended
to read:
114185.5. (a) Laundry facilities on the premises of a food
facility shall be used only for the washing and drying of items used
in the operation of the establishment.
(b) If work clothes or linens are laundered on the premises, a
mechanical clothes washer and dryer shall be provided and used.
(c) If wiping cloths are laundered on the premises, they shall be
laundered in a mechanical clothes washer and dryer or in a
warewashing sink that is cleaned and sanitized before and after each
time it is used to wash wiping cloths or wash produce or thaw food.
SEC. 48. Section 114245.8 of the Health and Safety Code is
repealed.
SEC. 49. Section 114250 of the Health and Safety Code is amended
to read:
114250. Clean toilet rooms in good repair shall be provided and
conveniently located and accessible for use by employees during all
hours of operation. The number of toilet facilities required shall be
in accordance with applicable local building and plumbing
ordinances. Toilet tissue shall be provided in a permanently
installed dispenser at each toilet.
SEC. 50. Section 114252 of the Health and Safety Code is amended
to read:
114252. In every room and area in which any food is prepared,
manufactured, processed, or prepackaged, or in which equipment or
utensils are cleaned, sufficient natural or artificial lighting shall
be provided to produce the following light intensity, while the area
is in use:
(a) At least 10 foot candles for the following:
(1) At a distance of 30 inches above the floor, in walk-in
refrigeration units and dry food storage areas.
(2) At a working surface on which alcoholic beverages are prepared
or where utensils used in the preparation or service of alcoholic
beverages are cleaned.
(3) Inside equipment, such as reach-in or under-the-counter
refrigerators.
(b) At least 20 foot candles for the following:
(1) At a surface where food is provided for consumer self-service
or where fresh produce or prepackaged foods are sold or offered for
consumption.
(2) In server stations where food is prepared.
(3) At a distance of 30 inches above the floor in areas used for
handwashing, warewashing, and equipment and utensil storage, and in
toilet rooms.
(4) In all areas and rooms during periods of cleaning.
(c) Except in server stations where food is prepared, at least 50
foot candles at a surface where a food employee is working with food
or working with utensils or equipment such as knives, slicers,
grinders, or saws where employee safety is a factor.
SEC. 51. Section 114279 of the Health and Safety Code is amended
to read:
114279.
(a) At least one curbed cleaning facility or janitorial sink
equipped with hot and cold water and a drain shall be provided and
conveniently located for the cleaning of mops or similar wet floor
cleaning tools and for the disposal of mop water and similar liquid
waste.
(b) Restricted food service facilities shall be exempt from
subdivision (a) if hot water is available for janitorial purposes and
wastewater from janitorial activities is disposed of through an
approved sewage disposal system.
SEC. 52. Section 114286 of the Health and Safety Code is amended
to read:
114286. (a) No sleeping accommodations shall be maintained or
kept in any room where food is prepared, stored, or sold.
(b) Living or sleeping quarters located on the premises of a food
facility shall be separated from rooms and areas used for food
facility operations by complete partitioning. Except for restricted
food service facilities, no door or other opening shall be permitted
in the partition that separates the food facility from the living or
sleeping quarters.
SEC. 53. Section 114295 of the Health and Safety Code is amended
to read:
114295. (a) Except as specified in subdivision (b), all mobile
food facilities shall operate in conjunction with a commissary,
mobile support unit, or other facility approved by the enforcement
agency.
(b) This section does not apply to mobile food facilities that
operate at community events as defined in Section 113755 and that
remain in a fixed position during food preparation and its hours of
operation.
(c) Mobile food facilities shall be stored at or within a
commissary or other location approved by the enforcement agency in
order to have protection from unsanitary conditions.
(d) Mobile support units shall be operated from and stored at a
designated commissary and shall be subject to permitting and plan
review.
(e) Notwithstanding any other provisions of this section, a mobile
food facility that is engaged in food preparation, other than
limited food preparation, as defined in Section 113818, shall not
operate in conjunction with a mobile support unit.
SEC. 54. Section 114306 is added to the Health and Safety Code, to
read:
114306. (a) A single operating site mobile food facility is
restricted to produce, prepackaged food, and limited food
preparation.
(b) Notwithstanding Section 113984, a mobile food facility
operating within a fully enclosed structure shall not be required to
provide a secondary food compartment over food preparation areas.
(c) A single operating site mobile food facility that is required
to provide warewashing and handwashing facilities shall provide a
warewashing sink and handwashing sink per site or operation. A
warewashing and handwashing sink contained in a facility to which
this subdivision applies shall be conveniently located so as to be
accessible during all hours of operation. Additional handwashing
sinks may be required pursuant to paragraph (1) of subdivision (b) of
Section 113953.
(d) Notwithstanding Section 114095, a warewashing sink may be
shared by not more than four mobile food facilities operating as a
single operating site mobile food facility that is required to
provide a warewashing sink, if the sink is conveniently located so as
to be accessible during all hours of operation.
(e) For purposes of permitting and enforcement, the permitholder
of each single operating site mobile food facility location shall be
the same.
SEC. 55. Section 114311 of the Health and Safety Code is amended
to read:
114311. Mobile food facilities not under a valid permit as of
January 1, 1997, from which nonprepackaged food is sold shall provide
handwashing facilities. The handwashing facilities shall be separate
from the warewashing sink.
(a) The handwashing sink shall have a minimum dimension of nine
inches by nine inches in length and width and five inches in depth
and be easily accessible by food employees.
(b) The handwashing facility shall be separated from the
warewashing sink by a metal splashguard with a height of at least six
inches that extends from the back edge of the drainboard to the
front edge of the drainboard, the corners of the barrier to be
rounded. No splashguard is required if the distance between the
handwashing sink and the warewashing sink drainboards is 24 inches or
more.
(c) This section shall not apply to mobile food facilities
handling only whole produce or the bulk dispensing of nonpotentially
hazardous beverages.
SEC. 56. Section 114313 of the Health and Safety Code is amended
to read:
114313. (a) Except as specified in subdivisions (b) and (c), a
mobile food facility where nonprepackaged food is cooked, blended, or
otherwise prepared shall provide a warewashing sink with at least
three compartments with two integral metal drainboards.
(1) The dimensions of each compartment shall be large enough to
accommodate the cleaning of the largest utensil and either of the
following:
(A) At least 12 inches wide, 12 inches long, and 10 inches deep.
(B) At least 10 inches wide, 14 inches long, and 10 inches deep.
(2) Each drainboard shall be at least the size of one of the sink
compartments. The drainboards shall be installed with at least
one-eighth inch per foot slope toward the sink compartment, and
fabricated with a minimum of one-half inch lip or rim to prevent the
draining liquid from spilling onto the floor.
(3) The sink shall be equipped with a mixing faucet and shall be
provided with a swivel spigot capable of servicing all sink
compartments.
(b) If all utensils and equipment of a mobile food facility are
washed and sanitized on a daily basis at the approved commissary or
other approved food facility, and the mobile food facility provides
and maintains an adequate supply of spare preparation and serving
utensils in the mobile food facility as needed to replace those that
become soiled or contaminated, then the mobile food facility shall
not be required to provide a warewashing sink to only handle any of
the following:
(1) Nonpotentially hazardous foods that do not require preparation
other than heating, baking, popping, portioning, bulk dispensing,
assembly, or shaving of ice.
(2) Steamed or boiled hot dogs.
(3) Tamales in the original, inedible wrapper.
(c) An unenclosed mobile food facility that prepares potentially
hazardous beverages for immediate service in response to an
individual consumer order shall do one of the following:
(1) Provide a three-compartment sink described in subdivision (a).
(2) Provide at least one two-compartment sink that complies with
subdivision (e) of Section 114099.3.
(3) Provide a one-compartment sink with at least one integral
metal drainboard, an adequate supply of spare preparation and serving
utensils to replace those that become soiled or contaminated, and
warewashing facilities that comply with subdivision (a) in reasonable
proximity to, and readily accessible for use by, food employees at
all times.
SEC. 57. Section 114314 of the Health and Safety Code is amended
to read:
114314. (a) Handwashing sinks and warewashing sinks for
unenclosed mobile food facilities shall be an integral part of the
primary unit or on an approved auxiliary conveyance that is used in
conjunction with the mobile food facility.
(b) Warewashing sinks for unenclosed mobile food facilities shall
be equipped with overhead protection made of wood, canvas, or other
materials that protect the sinks from bird and insect droppings,
dust, precipitation, and other contaminants.
SEC. 58. The heading of Article 13.5 (commencing with Section
114332) of Chapter 10 of Part 7 of Division 104 of the Health and
Safety Code is repealed.
SEC. 59. The heading of Chapter 10.5 (commencing with Section
114332) is added to Part 7 of Division 104 of the Health and Safety
Code, to read:
CHAPTER 10.5. NONPROFIT CHARITABLE TEMPORARY FOOD FACILITIES
SEC. 60. Section 114358 of the Health and Safety Code is amended
to read:
114358. (a) Notwithstanding Section 113953, handwashing
facilities for temporary food facilities that operate for three days
or less may include a container capable of providing a continuous
stream of water from an approved source that leaves both hands free
to allow vigorous rubbing with soap and warm water for 10 to 15
seconds, inclusive.
(b) Temporary food facilities that handle only prepackaged food
and comply with Section 113952 shall not be required to provide a
handwashing facility, except as required in Section 114359.
(c) A catch basin shall be provided to collect wastewater, and the
wastewater shall be properly disposed of according to Section
114197.
(d) Handwashing facilities shall be equipped with handwashing
cleanser and single-use sanitary towels.
(e) A separate receptacle shall be available for towel waste.
SEC. 61. Section 114371 of the Health and Safety Code is amended
to read:
114371. Certified farmers' markets shall meet all of the
following requirements:
(a) All food shall be stored at least six inches off the floor or
ground or under any other conditions that are approved.
(b) Food preparation is prohibited at certified farmers' markets
with the exception of food samples. Distribution of food samples may
occur provided that the following sanitary conditions exist:
(1) Samples shall be kept in approved, clean, covered containers.
(2) All food samples shall be distributed by the producer in a
sanitary manner.
(3) Clean, disposable plastic gloves shall be used when cutting
food samples.
(4) Food intended for sampling shall be washed or cleaned in
another manner of any soil or other material by potable water in
order that it is wholesome and safe for consumption.
(5) Notwithstanding Section 114205, potable water shall be
available for handwashing and sanitizing as approved by the
enforcement agency.
(6) Potentially hazardous food samples shall be maintained at or
below 45*F and shall be disposed of within two hours after cutting.
(7) Wastewater shall be disposed of in a facility connected to the
public sewer system or in a manner approved by the enforcement
agency.
(8) Utensils and cutting surfaces shall be smooth, nonabsorbent,
and easily cleanable, or single-use articles shall be utilized.
(c) Approved toilet and handwashing facilities shall be available
within 200 feet travel distance of the premises of the certified
farmers' market or as approved by the enforcement officer.
(d) No live animals, birds, or fowl shall be kept or allowed
within 20 feet of any area where food is stored or held for sale.
This subdivision does not apply to guide dogs, signal dogs, or
service dogs when used in the manner specified in Section 54.1 of the
Civil Code.
(e) All garbage and refuse shall be stored and disposed of in a
manner approved by the enforcement officer.
(f) Notwithstanding Chapter 10 (commencing with Section 114294),
vendors selling food adjacent to, and under the jurisdiction and
management of, a certified farmers' market may store, display, and
sell from a table or display fixture apart from the mobile food
facility in a manner approved by the enforcement agency.
(g) Temporary food facilities may be operated as a separate
community event adjacent to and in conjunction with certified farmers'
markets that are operated as a community event. The organization in
control of the event at which one or more temporary food facilities
operate shall comply with Section 114381.1.
SEC. 62. Section 114380 of the Health and Safety Code is amended
to read:
114380. (a) A person proposing to build or remodel a food
facility shall submit complete, easily readable plans drawn to scale,
and specifications to the enforcement agency for review, and shall
receive plan approval before starting any new construction or
remodeling of any facility for use as a retail food facility.
(b) Plans and specifications may also be required by the
enforcement agency if the agency determines that they are necessary
to assure compliance with the requirements of this part, including,
but not limited to, a menu change or change in the facility's method
of operation.
(c) (1) All new school food facilities or school food facilities
that undergo modernization or remodeling shall comply with all
structural requirements of this part. Upon submission of plans by a
public school authority, the Office of the State Architect and the
local enforcement agency shall review and approve all new and
remodeled school facilities for compliance with all applicable
requirements.
(2) Except when a determination is made by the enforcement agency
that the nonconforming structural conditions pose a public health
hazard, existing public and private school cafeterias and licensed
health care facilities shall be deemed to be in compliance with this
part pending replacement or renovation.
(d) Except when a determination is made by the enforcement agency
that the nonconforming structural conditions pose a public health
hazard, existing food facilities that were in compliance with the law
in effect on June 30, 2007, shall be deemed to be in compliance with
the law pending replacement or renovation. If a determination is
made by the enforcement agency that a structural condition poses a
public health hazard, the food facility shall remedy the deficiency
to the satisfaction of the enforcement agency.
(e) The plans shall be approved or rejected within 20 working days
after receipt by the enforcement agency and the applicant shall be
notified of the decision. Unless the plans are approved or rejected
within 20 working days, they shall be deemed approved. The building
department shall not issue a building permit for a food facility
until after it has received plan approval by the enforcement agency.
Nothing in this section shall require that plans or specifications be
prepared by someone other than the applicant.
SEC. 63. Section 114381 of the Health and Safety Code is amended
to read:
114381. (a) A food facility shall not be open for business
without a valid permit.
(b) A permit shall be issued by the enforcement agency when
investigation has determined that the proposed facility and its
method of operation meets the specifications of the approved plans or
conforms to the requirements of this part.
(c) A permit, once issued, is nontransferable. A permit shall be
valid only for the person, location, type of food sales, or
distribution activity and, unless suspended or revoked for cause, for
the time period indicated.
(d) Any fee for the permit or registration or related services,
including, but not limited to, the expenses of inspecting and
impounding any utensil suspected of releasing lead or cadmium in
violation of Section 108860 as authorized by Section 114393, review
of HACCP plans, and alternative means of compliance shall be
determined by the local governing body. Fees shall be sufficient to
cover the actual expenses of administering and enforcing this part.
The moneys collected as fees shall only be expended for the purpose
of administering and enforcing this part.
(e) A permit shall be posted in a conspicuous place in the food
facility or in the office of a vending machine business.
(f) Any person requesting the enforcement agency to undertake
activity pursuant to Sections 114149.1 and 114419.3 shall pay the
enforcement agency's costs incurred in undertaking the activity. The
enforcement agency's services shall be assessed at the current hourly
cost recovery rate.
SEC. 64. Section 114387 of the Health and Safety Code is amended
to read:
114387. Any person who operates a food facility shall obtain all
necessary permits to conduct business, including, but not limited to,
a permit issued by the enforcement agency. In addition to the
penalties under Article 2 (commencing with Section 114390), violators
who operate without the necessary permits shall be subject to
closure of the food facility and a penalty not to exceed three times
the cost of the permit.
SEC. 65. Section 114435 of the Health and Safety Code is repealed.
SEC. 66. Section 114436 of the Health and Safety Code is repealed.
SEC. 67. 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.
SEC. 68. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to prevent confusion regarding the laws necessary to
protect the health of the public, it is necessary that this act go
into immediate effect.
