Bill Text: CA SB972 | 2021-2022 | Regular Session | Introduced
Bill Title: California Retail Food Code.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2022-09-23 - Chaptered by Secretary of State. Chapter 489, Statutes of 2022. [SB972 Detail]
Download: California-2021-SB972-Introduced.html
Introduced by Senator Gonzalez (Principal coauthor: Assembly Member Carrillo) (Coauthors: Senators Durazo and Rubio) |
February 10, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 113758 of the Health and Safety Code is amended to read:113758.
(a) “Cottage food operation” means an enterprise thatSEC. 2.
Section 113814.1 is added to the Health and Safety Code, to read:113814.1.
“Integral” means equipment that is either permanently attached to the primary unit or equipment that is securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.SEC. 3.
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:(5)Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6)Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7)
(8)
(9)
SEC. 4.
Section 113825 of the Health and Safety Code is amended to read:113825.
(a) “Microenterprise home kitchen operation” means a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers, and that meets all of the following requirements:(7)Food preparation is limited to no more than 30 individual meals per day, or the approximate equivalent of meal components when sold separately, and no more than 60 individual meals, or the approximate equivalent of meal components when sold separately, per
week. The local enforcement agency may decrease the limit of the number of individual meals prepared based on food preparation capacity of the operation, but shall not, in any case, increase the limit of the number of individual meals prepared.
(8)The operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index.
(9)
SEC. 5.
Section 113831 of the Health and Safety Code is amended to read:113831.
(a) “Compact mobile food facility” means a nonpermanent food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.(a)
(b)
SEC. 6.
Section 113868 of the Health and Safety Code is amended to read:113868.
“Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceedSEC. 7.
Section 113947.1 of the Health and Safety Code is amended to read:113947.1.
(a) Food facilities that prepare, handle, or serve nonprepackaged potentially hazardous food, except temporary food facilities and compact mobile food facilities, shall have an owner or employee who has successfully passed an approved and accredited food safety certification examination as specified in Sections 113947.2 and 113947.3. There shall be at least one food safety certified owner or employee at each food facility.SEC. 8.
Section 113947.6 of the Health and Safety Code is repealed.Notwithstanding Section 114395, a violation of any provision in Sections 113947.1 to 113947.5, inclusive, shall constitute an infraction punishable by a fine of not more than one hundred dollars ($100) for each day of operation in violation.
SEC. 9.
Section 114069 of the Health and Safety Code is amended to read:114069.
(a) Only prepackaged nonpotentially hazardous food or uncut produce may be displayed or sold outdoors by a food facility if all of the following conditions are satisfied:(a)
(b)
(c)
(d)
SEC. 10.
Section 114094 of the Health and Safety Code is amended to read:114094.
(a) A food facility subject to Section 343(q)(5)(H) of Title 21 of the United States Code or subject to this section as it read on July 1, 2011, shall comply with the requirements of that section of the United States Code and the regulations adopted pursuant thereto.(B)Alternatively, the enforcement agency may assess a civil penalty of an amount that is no less than or greater than the amounts specified for fines in this paragraph.
SEC. 11.
Section 114094.5 of the Health and Safety Code is amended to read:114094.5.
(a) A retail food facility shall not sell or offer for sale after the “use by” date, infant formula or baby food that is required to have this date on its packaging pursuant to the federal act, as defined in Section 109930, and federal regulations adopted pursuant to the federal act, including, but not limited to, Section 107.20 of Title 21 of the Code of Federal Regulations.(c)An enforcement agency may assess administrative penalties on a retail food facility that violates this section in the amount of ten dollars ($10) per day for each item sold or offered for sale, in addition to other penalties authorized by law.
(d)
SEC. 12.
Section 114130 of the Health and Safety Code is amended to read:114130.
(a) Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.SEC. 13.
Section 114217 of the Health and Safety Code is amended to read:114217.
(a) A potable water tank of sufficient capacity to furnish an adequate quantity of potable water for food preparation, warewashing, and handwashing purposes shall be provided for nonpermanent food facilities.SEC. 14.
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.SEC. 15.
Section 114289.1 is added to the Health and Safety Code, to read:114289.1.
Notwithstanding any other law, a mobile food facility that sells only prepackaged, nonpotentially hazardous foods or whole raw fruits or vegetables is exempt from the requirements of this part.SEC. 16.
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.SEC. 17.
Section 114297 of the Health and Safety Code is amended to read:114297.
(a) Mobile food facilities shall be cleaned and serviced at least once daily during an operating day.SEC. 18.
Section 114313 of the Health and Safety Code is amended to read:114313.
(a) Except as specified in(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
(1)Provide a three-compartment sink described in subdivision (a).
(2)
(3)
SEC. 19.
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.SEC. 20.
Section 114315 of the Health and Safety Code is amended to read:114315.
(a) A mobile food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility,SEC. 21.
Section 114379.50 of the Health and Safety Code is repealed.A violation of this chapter is, notwithstanding Section 114395, an infraction, provided, however, that the first violation shall result in a notice of violation. A second violation within a five-year period from the notice of violation shall be punishable by a fine of not more than two hundred fifty dollars ($250). For a third or subsequent violation within a five-year period, the fine shall be not more than five hundred dollars ($500). A restaurant shall not be found to have committed a violation under this chapter more than once during an inspection visit.
SEC. 22.
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 a facility for use as a retail food facility.SEC. 23.
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.SEC. 24.
Section 114395 of the Health and Safety Code is repealed.Except as otherwise provided in this part, any person who violates any provision of this part or regulation adopted pursuant to this part is guilty of a misdemeanor. Each offense shall be punished by a fine of not less than twenty-five dollars ($25) or more than one thousand dollars ($1,000) or by imprisonment in the county jail for a term not exceeding six months, or by both fine and imprisonment.