California Retail Food Code

Effective January 1, 2024Effective January 1, 2024

California Retail

Food Code

Excerpt from the California

Health and Safety Code

Division 104-Environmental HealthDivision 104-Environmental Health

Part 7. California Retail Food CodePart 7. California Retail Food Code

Chapter 1. General ProvisionsChapter 1. General Provisions

Table of Contents

Preface .................................................................................................... 4

Chapter 1. General Provisions ............................................................. 6

Chapter 2. Definitions ........................................................................ 10

Chapter 3. Management and Personnel

Article 1. Supervision .......................................................................... 40

Article 2. Employee Knowledge .......................................................... 41

Article 3. Employee Health .................................................................. 48

Article 4. Handwashing ....................................................................... 50

Article 5. Personal Cleanliness ........................................................... 54

Article 6. Hygienic Practices ............................................................... 55

Chapter 4. General Food Safety Requirements

Article 1. Protection from Contamination ............................................. 57

Article 2. Time and Temperature Relationships .................................. 60

Article 3. Food from Approved Sources .............................................. 67

Article 4. Receipt of Food .................................................................... 68

Article 5. Food Storage ....................................................................... 72

Article 6. Specialized Processing Methods ......................................... 73

Article 7. Food Display and Service .................................................... 75

Article 8. Consumer Information ......................................................... 80

Chapter 5. Cleaning and Sanitizing of Equipment and Utensils ...... 85

Chapter 6. Equipment, Utensils and Linens

Article 1. Design and Construction ...................................................... 95

Article 2. Ventilation ............................................................................ 99

Article 3. Location and Installation .................................................... 101

Article 4. Maintenance and Operation ............................................... 104

Article 5. Linens ................................................................................ 105

Chapter 7. Water, Plumbing, and Waste

Article 1. Water ................................................................................. 107

Article 2. Liquid Waste ...................................................................... 108

Article 3. Mobile Water and Wastewater Tanks ................................ 109

Article 4. Refuse ............................................................................... 113

Chapter 8. Physical Facilities

Article 1. Toilet Facilities ................................................................... 115

Article 2. Lighting .............................................................................. 116

Article 3. Poisonous and Toxic Materials .......................................... 117

Article 4. Employee Storage Areas ................................................... 117

Article 5. Premises and Facilities ..................................................... 118

Article 6. Vermin and Animals .......................................................... 118

Chapter 9. Permanent Food Facilities

Article 1. Floors, Walls, and Ceilings ................................................ 121

Article 2. Toilet Facilities ................................................................... 123

Article 3. Janitorial Facilities .............................................................. 124

Article 4. Premises ............................................................................ 125

Article 5. Prepackaged Nonpotentially Hazardous Food ................... 126

Chapter 10. Mobile Food Facilities .................................................. 126

Chapter 10.1. Catering Operations and Host Facilities .................. 137

Chapter 10.5. Nonprofit Charitable Temporary Food Facilities ..... 140

Chapter 10.6. Limited Service Charitable Feeding Operation ....... 142

Chapter 11.Temporary Food Facilities ............................................. 144

Chapter 11.5 Cottage Food Operations ............................................ 149

Chapter 11.6 Microenterprise home kitchen operation ................... 155

Chapter 11.7 Compact Mobile Food Operation...…………………… 165

Chapter 12. Certified Farmers' Markets ............................................ 173

Chapter 12.5. Farm Stands ................................................................ 176

Chapter 12.7. Fishermen’s Markets .................................................. 179

Chapter 12.8 Children’s Meals ………………………………………… 181

Chapter 13. Compliance and Enforcement

Article 1. Plan Review and Permits ................................................... 183

Article 2. Enforcement....................................................................... 185

Article 3. Permit Suspension or Revocation ...................................... 187

Article 4. Variance ............................................................................. 189

Article 5. HACCP Exemptions ........................................................... 191

Article 6. Exemptions ........................................................................ 194

Article 7. Food Facility Food Donations ............................................ 196

Article 8. Child Day Care Facilities, Community Care Facilities,

and Residential Care Facilities for the Elderly .................................. 197

Index ................................................................................................. 198

Preface

Foodborne illness in the United States is a major cause of personal distress,

preventable death, and avoidable economic burden. The food industry and

regulatory authorities share responsibility for ensuring that food provided to the

consumer is safe and does not become a cause of a disease outbreak or contribute

to the transmission of communicable diseases. This shared responsibility extends

to ensuring that consumer expectations are met and that food is unadulterated,

prepared in a clean environment, and honestly presented.

The provisions contained in this Part provide for a system of prevention and

overlapping safeguards designed to minimize foodborne illness, ensure employee

health, demonstrate industry manager knowledge, ensure safe food, specify

nontoxic and cleanable equipment, and delineate acceptable levels of sanitation

of food facility premises.

INFORMATION TO ASSIST THE USER

The provisions contained in the California Retail Food Code that are applicable to

all retail food facilities and cottage food operations include:

Chapter 1, General Provisions

Chapter 2, Definitions

Chapter 3, Management and Personnel

Chapter 4, General Food Safety Requirements

Chapter 5, Cleaning and Sanitizing of Equipment and Utensils

Chapter 6, Equipment, Utensils and Linens

Chapter 7, Water, Plumbing and Waste

Chapter 8, Physical Facilities

Chapter 11, Temporary Food Facilities

Chapter 11.5, Cottage Foods

Chapter 13, Compliance and Enforcement

The provisions that are applicable to a specific type of food facility and cottage food

operations include:

Chapter 9, Permanent Food Facilities – Requirements are specific to facilities

that are permanently constructed.

Chapter 10, Mobile Food Facilities – Requirements are specific to facilities that

are intended to be moved and operate from a commissary.

Chapter 10.5, Nonprofit Charitable Temporary Food Facilities – Requirements

are specific to temporary food facilities that are operated four times a year

by a nonprofit charitable organization.

Chapter 11, Temporary Food Facilities – Requirements are specific to facilities

that are assembled and remain fixed during a community event or swap

meet.

Chapter 11.5, Cottage Foods – Requirements are specific to cottage food

operations that prepare, handle or package food in a home kitchen.

Chapter 12, Certified Farmers’ Market – Requirements are specific to markets

certified by the County Agricultural Commissioner.

Chapter 12.5, Farm Stands – Requirements are specific to facilities that are

located on the farm property of the producer.

Defined words and terms are capitalized. A concerted effort was also made to

capitalize all forms and combinations of defined words and terms that are intended

to carry the weight of the definition. Cross-referenced sections within the document

refer to sections of the California Health and Safety Code unless a specific LAW

is otherwise stated.

Chapter 1 General Provisions

113700. California retail food code

hese provisions shall be known, and may be cited, as the California

Retail Food Code, hereafter referred to as "this part."

113703. Food safety, illness prevention, and honest presentation

The purpose of this part is to safeguard public health and provide to

CONSUMERs FOOD that is safe, unADULTERATED, and honestly presented

through adoption of science-based standards.

11370

5. Legislative intent to preempt local standards

he Legislature finds and declares that the public health interest requires

that there be uniform statewide health and sanitation standards for RETAIL FOOD

FACILITIES to assure the people of this state that the FOOD will be pure, safe,

and unADULTERATED. Except as provided in Section 113709, it is the intent of

the Legislature to occupy the whole field of health and sanitation standards for

RETAIL FOOD FACILITIES, and the standards set forth in this part and regulations

adopted pursuant to this part shall be exclusive of all local health and sanitation

standards relating to RETAIL FOOD FACILITIES.

113707. Regulations

The DEPARTMENT shall adopt regulations to implement and administer

this part.

11370

9. Authority to establish local requirements

This part does not prohibit a local governing body from adopting an

evaluation or grading system for FOOD FACILITIES, from prohibiting any type of

FOOD FACILITY, from adopting an EMPLOYEE health certification program, from

regulating the provision of CONSUMER toilet and handwashing facilities, from

adopting requirements for the public safety regulating the type of vending and the

time, place, and manner of vending from vehicles upon a street pursuant to its

authority under subdivision (b) of Section 22455 of the Vehicle Code, or from

prohibiting the presence of pet dogs in outdoor dining areas of food facilities.

11371

1. References to previous laws

n all LAWs and regulations, references to Chapter 4 (commencing with

Section 113700) or the California Uniform Retail Food Facilities Law, shall mean

this part or the California Retail Food Code.

11371

3. Primary responsibility for enforcement

(a) Primary responsibility for enforcement of this part shall be with the local

ENFORCEMENT AGENCY. Nothing in this part shall prevent the

DEPARTMENT from taking any necessary program or enforcement

actions for the protection of the public health and safety.

(b) The DEPARTMENT shall provide technical assistance, training,

standardization, program evaluation, and other services to local health

agencies as necessary to ensure the uniform interpretation and

application of this part, when an appropriation is made to the

DEPARTMENT for this purpose.

ENFORCEMENT AGENCY is satisfactory to the DEPARTMENT, the

enforcement of this part shall not be duplicated by the DEPARTMENT.

The DEPARTMENT shall investigate to determine satisfactory

enforcement of this part by evaluating the program of each local

ENFORCEMENT AGENCY at least once every three years and shall

prepare a report of the evaluation and list any program improvements

needed only when an appropriation is made to the DEPARTMENT for

these purposes.

113715. Compliance with applicable codes

Any construction, alteration, REMODELing, or operation of a FOOD

FACILITY shall be APPROVED by the ENFORCEMENT AGENCY and shall be in

accordance with all applicable local, state, and federal statutes, regulations, and

ordinances, including but not limited to, fire, building, and zoning codes.

113717. California Department of Health Services cost recovery

(a) Any PERSON requesting the DEPARTMENT to undertake any activity

pursuant to paragraph (5) of subdivision (c) of Section 113871,

Section 114417, paragraph (2) of subdivision (b) of Section 114419, and

Section 114419.3 shall pay the DEPARTMENT's costs incurred in

undertaking the activity. The DEPARTMENT's services shall be assessed

at the current hourly cost-recovery rate, and it shall be entitled to recover

any other costs reasonably and actually incurred in performing those

activities, including, but not limited to, the costs of additional inspection

and laboratory testing. For purposes of this section, the DEPARTMENT's

hourly rate shall be adjusted annually in accordance with Section 100425.

(b) The DEPARTMENT shall provide to the PERSON paying the required fee

a statement, invoice, or similar document that describes in reasonable

detail the costs paid.

any city, county, city and county, or other political subdivision of the state

or local government.

113718. Retail food safety and defense fund

Notwithstanding Section 16350 of the Government Code, all moneys

deposited in the Retail Food Safety and Defense Fund shall be transferred to the

Food Safety Fund for appropriation and expenditure as specified by Section

110050.

113719. Structural and sanitation requirements

Structural and sanitation requirements shall be based on the FOOD

service activity to be conducted, the type of FOOD that is to be prepared or served,

and the extent of FOOD PREPARATION that is to be conducted at the FOOD

FACILITY.

113725. Food facility inspection format

(a) The ENFORCEMENT AGENCY shall utilize a standardized FOOD

FACILITY inspection format for FOOD FACILITY inspections that

includes all of the following:

(1) The name and address of the FOOD FACILITY.

(2) Identification of the following inspection criteria, which shall be

the basis of the inspection report:

(A) Improper holding temperatures of POTENTIALLY

HAZARDOUS FOODs.

(B) Improper cooling of POTENTIALLY HAZARDOUS

FOODs.

(D) Poor personal hygiene of FOOD EMPLOYEEs.

(E) Contaminated EQUIPMENT.

(F) FOOD from unAPPROVED SOURCEs.

(3) For each violation identified pursuant to paragraph (2),

classification of the violation as a MINOR VIOLATION or

MAJOR VIOLATION.

(b) An ENFORCEMENT AGENCY may modify the format to add criteria to

those specified pursuant to paragraph (2) of subdivision (a), if both of the

following conditions are met:

(1) The additional criteria are based on other provisions of this part.

(2) A violation is identified by reference to items and sections of this

part, or the regulations adopted pursuant to this part relating to

those items, if a FOOD FACILITY is cited for a violation of the

additional criteria.

to inspect and report on criteria other than those subject to regulation

under this part.

113725.1. Inspection report availability

A copy of the most recent routine inspection report conducted to assess

compliance with this part shall be maintained at the FOOD FACILITY and made

available upon request. The FOOD FACILITY shall post a notice advising

CONSUMERs that a copy of the most recent routine inspection report is

available for review by any interested party.

113725.2. Uniform statewide food inspection standardization

Local ENFORCEMENT AGENCIES, and the DEPARTMENT when

adequate funding is made available to the DEPARTMENT, shall conduct routine

training on FOOD FACILITY inspection standardization to promote the uniform

application of inspection procedures.

113725.3. Reporting procedures

(a) The DEPARTMENT shall publish standardized procedures for

enforcement agencies to report FOOD FACILITY inspection information

regarding each FOOD FACILITY. The report shall include all of the

following:

(1) Name and address of the FOOD FACILITY.

(2) Date of last inspection.

(3) Identification of any MAJOR VIOLATION identified in a FOOD

FACILITY inspection.

(4) Reinspection date, if applicable.

(5) Period of closure, if applicable.

(b) The DEPARTMENT, in consultation with local environmental health

directors, representatives of the RETAIL FOOD industry, and other

interested parties, may periodically review and revise the standardized

procedures established pursuant to subdivision (a). In making any

revisions, the DEPARTMENT shall strive to ensure that the required

information can be reported and made available in the most efficient,

timely, and cost-effective manner.

(c)

(1) The standardized procedures established pursuant to this

section shall include a standardized electronic format and

protocol for reporting the FOOD FACILITY inspection data in a

timely manner, and shall strive to ensure that the information is

readily accessible, can be rapidly reported, and, if necessary,

corrected, for each FOOD FACILITY that has been inspected or

reinspected. If the ENFORCEMENT AGENCY determines that

reported information is materially in error, that error shall be

corrected within 48 hours after that determination.

(2) The DEPARTMENT may establish standardized procedures for

reporting the information on electronic media, including, but not

limited to, floppy disks or compact disks.

(d) Within 60 days after the DEPARTMENT has established the standardized

procedures pursuant to this section, the DEPARTMENT shall publish

these procedures.

(e)

(1) Each ENFORCEMENT AGENCY that reports FOOD FACILITY

inspection information on an Internet Web site shall report the

information in accordance with the standardized procedures

established pursuant to this section.

(2) This section shall not restrict the ability of an ENFORCEMENT

AGENCY to report on matters other than matters subject to

regulation under this part.

(f) The DEPARTMENT may establish a link to each Internet Web site utilized

by any ENFORCEMENT AGENCY containing the FOOD FACILITY

inspection information pursuant to subdivision (e).

Chapter 2 Definitions

113728. Applicability and terms defined

The following definitions apply in the interpretation and application of this

part.

113729. Additive

"FOOD ADDITIVE" has the meaning stated in Section 109940. "Color

ADDITIVE" has the meaning stated in Section 109895.

113729.5 Acceptable market name

“ACCEPTABLE MARKET NAME” means a name that the FDA

recognizes as a suitable statement of identity, as described in Section 101.3 of

Title 21 of the Code of Federal Regulations, in the labeling of a species. An

acceptable market name fairly represents the identity of the species to United

States consumers because it is not confusingly similar to the name of another

species and because it is not otherwise misleading. An acceptable market name

may be any of the following:

(a) A common or usual name established by either a history of common usage

in the United States or by regulation.

(b) The common name.

“basa” is the market name coined for Pangasius bocourti.

113732. Adulterated

"ADULTERATED" means either of the following:

(a) FOOD that bears or contains any poisonous or deleterious substance that

may render the FOOD impure or injurious to health.

(b) FOOD that is manufactured, prepared, or stored in a manner that

deviates from a HACCP PLAN so as to pose a discernible increase in

risk.

113733. Acute gastrointestinal illness

"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.

113734. Approved

"APPROVED" means acceptable to the ENFORCEMENT AGENCY

based on a determination of conformity with applicable LAWs, or, in the absence

of applicable LAWs, current public health principles, practices, and generally

recognized industry standards that protect public health.

113735. Approved source

(a) “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.

(b) Any whole uncut fruit or vegetable or unrefrigerated shell EGG grown or

produced in compliance with all applicable federal, state, or local LAWs,

regulations, and food safety guidelines issued by a regulatory agency

shall be deemed to be from an APPROVED SOURCE.

113737. a

" means water activity that is a measure of the free moisture in a

FOOD, is the quotient of the water vapor pressure of the substance divided by the

vapor pressure of pure water at the same temperature, and is indicated by the

symbol a

113739. Beverage

"BEVERAGE" means a liquid for drinking, including water.

113739.1. Catering operation

(a) “CATERING OPERATION” means a FOOD service that is conducted by

a permanent FOOD FACILITY approved for FOOD PREPARATION

where FOOD is served, or limited FOOD PREPARATION is conducted,

at a location other than its permitted location, in either of the following

circumstances:

(1) As part of a contracted offsite FOOD service event.

(2) When operating in conjunction with a HOST FACILITY with

direct FOOD sales.

(b) “CATERING OPERATION” shall not include either of the following:

(1) FOOD ordered as takeout or delivery from a FOOD FACILITY,

where the FOOD is provided to the consumer for self-service.

(2) A FOOD FACILITY that is participating as part of a

COMMUNITY EVENT.

113740. CCR – California code of regulations

"CCR" means the California Code of Regulations.

113742. Certified farmers’ market

"CERTIFIED FARMERS’ MARKET" means a location that is certified by

the State of California through the ENFORCEMENT OFFICERs of the county

agricultural commissioners and operated pursuant to Chapter 10.5 (commencing

with Section 47000) of Division 17 of the Food and Agricultural Code and

regulations adopted pursuant to that chapter.

113744. CFR – Code of federal regulations

"C.F.R." means the Code of Federal Regulations. Citations in this part to

the C.F.R. refer sequentially to the title, part, and section numbers, such as 21

C.F.R. 178.1010 refers to Title 21, Part 178, Section 1010.

113747. CIP

(a) "CIP" means cleaned in place by the circulation or flowing by mechanical

means through a piping system of a detergent solution, water rinse, and

sanitizing solution onto or over EQUIPMENT surfaces that require

cleaning, such as the method used, in part, to clean and sanitize a frozen

dessert machine.

(b) "CIP" does not include the cleaning of EQUIPMENT such as band saws,

slicers, or mixers that are subjected to in-place manual cleaning without

the use of a CIP system.

113747.1 Cold water

“COLD WATER” means POTABLE WATER that is not heated by an

auxiliary method or source.

113748. Commingle

"COMMINGLE" means:

(a) To combine SHELLSTOCK harvested on different days or from different

growing areas as identified on the tag or label.

(b) To combine SHUCKED SHELLFISH from containers with different

container codes or different shucking dates.

113750. Comminuted

(a) "COMMINUTED" means reduced in size by methods including chopping,

flaking, grinding, or mincing.

(b) "COMMINUTED" includes FISH or MEAT products that are reduced in

size and restructured or reformulated including, but not limited to, gefilte

FISH, formed roast beef, gyros, ground beef, sausage, and a mixture of

two or more types of MEAT that have been reduced in size and combined,

including, but not limited to, sausages made from two or more MEATs.

113751. Commissary

"COMMISSARY" means a FOOD FACILITY that services MOBILE

FOOD FACILITIES, MOBILE SUPPORT UNITs, or VENDING MACHINES where

any of the following occur:

(a) FOOD, containers, or supplies are stored.

(b) FOOD is prepared or prepackaged for sale or service at other locations.

(d) Liquid and solid wastes are disposed, or POTABLE WATER is obtained.

113752. Community food producer

“COMMUNITY FOOD PRODUCER” means a producer of agricultural

products on land that is not zoned for agricultural use but is otherwise in

compliance with applicable local land use and zoning restrictions, including, but

not limited to, restrictions governing personal gardens, community gardens, school

gardens, and culinary gardens.

113755. Community event

"COMMUNITY EVENT" means an event conducted for not more than 25

consecutive or nonconsecutive days in a 90-day period and that is of civic, political,

public, or educational nature, including state and county fairs, city festivals,

circuses, and other public gathering events APPROVED by the local

ENFORCEMENT AGENCY.

113756. Condiment

"CONDIMENT" means a nonPOTENTIALLY HAZARDOUS FOOD, such

as relishes, spices, sauces, confections, or seasonings, that requires no additional

preparation, and that is used on a FOOD item, including, but not limited to, ketchup,

mustard, mayonnaise, sauerkraut, salsa, salt, sugar, pepper, or chili peppers.

113757. Consumer

"CONSUMER" means a PERSON who is a member of the public, takes

possession of FOOD, is not functioning in the capacity of an operator of a FOOD

FACILITY, and does not offer the FOOD for resale.

113758. Cottage food operation

(a) “COTTAGE FOOD OPERATION” means an enterprise that has no

more than the amount in gross annual sales that is specified in this

subdivision, is operated by a cottage food operator, and has not more

than one full-time equivalent cottage FOOD EMPLOYEE, not including a

family member or household member of the cottage food operator, within

the registered or permitted area of a private home where the cottage food

operator resides and where cottage FOOD products are prepared or

packaged for direct, indirect, or direct and indirect sale to CONSUMERs

pursuant to this part. A “Class A” COTTAGE FOOD OPERATION shall

not have more than seventy-five thousand dollars ($75,000) in verifiable

gross annual sales. A “Class B” COTTAGE FOOD OPERATION shall not

have more than one hundred fifty thousand dollars ($150,000) in

verifiable gross annual sales. The gross annual sales for a “Class A” or

“Class B” COTTAGE FOOD OPERATION shall be annually adjusted for

inflation based on the California Consumer Price Index.

A COTTAGE

FOOD OPERATION includes both of the following:

(1) A “Class A” COTTAGE FOOD OPERATION, which is a

COTTAGE FOOD OPERATION that may engage only in direct

sales of cottage FOOD products from the COTTAGE FOOD

OPERATION or other direct sales venues described in

paragraph (4) of subdivision (b).

(2) A “Class B” COTTAGE FOOD OPERATION, which is a

COTTAGE FOOD OPERATION that may engage in both direct

sales and indirect sales of cottage FOOD products from the

COTTAGE FOOD OPERATION, from direct sales venues

described in paragraph (4) of subdivision (b), from offsite

events, or from a third-party RETAIL FOOD facility described in

paragraph (5) of subdivision (b).

(b) For purposes of this section, the following definitions shall apply:

(1) “Cottage FOOD EMPLOYEE” means an individual, paid or

volunteer, who is involved in the preparation, packaging,

handling, and storage of a cottage FOOD product, or otherwise

works for the COTTAGE FOOD OPERATION. An employee

does not include an immediate family member or household

member of the cottage food operator, nor an individual who

delivers a cottage food product.

(2) “Cottage food operator” means an individual who operates a

COTTAGE FOOD OPERATION in his or her private home and

is the owner of the COTTAGE FOOD OPERATION.

(3) “Cottage food products” means NONPOTENTIALLY

HAZARDOUS FOODS, including FOODs that are described in

Section 114365.5 and that are prepared for sale in the kitchen

of a COTTAGE FOOD OPERATION.

(4) “Direct sale” means a transaction within the state between a

COTTAGE FOOD OPERATION operator and a CONSUMER,

in which the CONSUMER purchases the cottage food product

directly from the COTTAGE FOOD OPERATION. Direct sales

include, but are not limited to, transactions at holiday bazaars or

other temporary events, such as bake sales or food swaps,

transactions at farm stands, certified farmers’ markets, or

through community-supported agriculture subscriptions, and

transactions occurring in person in the COTTAGE FOOD

OPERATION, and transactions made via the phone, internet, or

any other digital method. A direct sale may be fulfilled in person,

via mail delivery, or using any other third-party delivery service.

(5) “Indirect sale” means an interaction between a COTTAGE

FOOD OPERATION, a third-party retailer, and a consumer, in

which, the CONSUMER purchases cottage FOOD products

made by the COTTAGE FOOD OPERATION from a third-party

retailer that holds a valid permit issued pursuant to Section

114381. Indirect sales include, but are not limited to, sales made

to retail shops or to RETAIL FOOD facilities where FOOD may

be immediately consumed on the PREMISES. An indirect sale

may be fulfilled in person, via mail delivery, or using any other

third party delivery service.

(6) “Private home” means a dwelling, including an apartment or

other leased space, where individuals reside.

(7) “Registered or permitted area” means the portion of a private

home that contains the private home’s kitchen used for the

preparation, packaging, storage, or handling of cottage food

products and related ingredients or EQUIPMENT, or both, and

attached rooms within the home that are used exclusively for

storage.

113759. Control point

"CONTROL POINT" means any distinct procedure or step in receiving,

storing, handling, preparing, displaying, transporting, or dispensing a FOOD.

113760. Critical control point

"CRITICAL CONTROL POINT" means a point or procedure in a specific

FOOD system where loss of control may result in an unacceptable health risk.

113761. Critical limit

"CRITICAL LIMIT" means the maximum or minimum value to which a

physical, biological, or chemical parameter must be controlled at a CRITICAL

CONTROL POINT to minimize the risk that the identified FOOD safety HAZARD

may occur.

113763. Department

"DEPARTMENT" means the State Department of Public Health.

113767. Easily cleanable

"EASILY CLEANABLE" means a characteristic of a surface that allows

effective removal of soil, FOOD residue, or other organic or inorganic materials by

normal cleaning methods.

113768. Easily movable

"EASILY MOVABLE" means either of the following:

(a) PORTABLE; mounted on casters, gliders, or rollers so as to be moveable

by one PERSON; or provided with a mechanical means to safely tilt or

move a unit of EQUIPMENT for cleaning.

(b) Having no utility connection, a utility connection that disconnects quickly,

or a flexible utility connection line of sufficient length to allow the

EQUIPMENT to be moved for cleaning of the EQUIPMENT and adjacent

area.

113769. Egg

"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.

113770. Employee

"EMPLOYEE" means the PERMIT HOLDER, PERSON IN CHARGE,

PERSON having supervisory or management duties, PERSON on the payroll,

family member, volunteer, PERSON performing work under contractual

agreement, or other PERSON working in a FOOD FACILITY.

113773. Enforcement agency

"ENFORCEMENT AGENCY" means the DEPARTMENT or the local

health agency having jurisdiction over the FOOD FACILITY.

113774. Enforcement officer

"ENFORCEMENT OFFICER" means the director, agents, or

environmental health specialists appointed by the State Public Health Officer, and

all local health officers, directors of environmental health, and their duly authorized

registered environmental health specialists and environmental health specialist

trainees.

113777. Equipment

(a) "EQUIPMENT" means an article that is used in the operation of a FOOD

FACILITY, including, but not limited to, a freezer, grinder, hood, icemaker,

MEAT block, mixer, oven, reach-in refrigerator, scale, FOOD and

UTENSIL shelving and cabinets, sink, slicer, stove, table,

TEMPERATURE MEASURING DEVICE for ambient air, VENDING

MACHINES, or WAREWASHING machine.

(b) "EQUIPMENT" does not include items used for handling or storing large

quantities of PREPACKAGED FOODs that are received from a supplier

in a cased or overwrapped lot, such as hand trucks, forklifts, dollies,

pallets, racks, and skids.

113778. Exclude

"EXCLUDE" means to prevent a PERSON from working as a FOOD

EMPLOYEE or entering a FOOD FACILITY except for those areas open to the

general public.

113778.1. FDA

"FDA" means the United States Food and Drug Administration.

113778.2 Farm stands

“FARM STANDS” are premises, established in accordance with local

ordinances and land use codes, defined under and operated pursuant to Chapter

10.5 (commencing with Section 47000) of Division 17 of the Food and

Agricultural Code and regulations adopted and enforced pursuant to that chapter,

operating within the requirements set forth in Sections 113789 and 114375.

113778.4 Fabric implement

“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.

113779. Fish

(a) "FISH" means fresh or saltwater finfish, crustaceans, and other forms of

aquatic life, other than birds or mammals, and all MOLLUSCAN

SHELLFISH, if intended for human consumption. "FISH" also includes

alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and

the roe of these animals.

(b) "FISH" includes a product derived in whole or in part from FISH, including

FISH that have been processed in any manner.

113780. Fisherman’s market

“FISHERMEN’S MARKET” means a location that is operated by a

commercial fisherman licensed by the Department of Fish and Wildlife or an entity

representing two or more California-licensed commercial fishermen or California-

licensed commercial fishermen and California-registered

aquaculturists, that sells only raw edible aquatic plants, raw fresh FISH, or FRESH

FROZEN FISH, caught by commercial fishermen licensed by the Department of

Fish and Wildlife or harvested by California-registered aquaculturists, directly to

consumers.

113781. Food

"FOOD" means a raw, cooked, or processed edible substance, ice,

BEVERAGE, an ingredient used or intended for use or for sale in whole or in part

for human consumption, and chewing gum.

113783. Food bank

"FOOD BANK" means a surplus FOOD collection and distribution system

operated and established to assist in bringing donated FOOD to NONPROFIT

CHARITABLE ORGANIZATIONs and individuals for the purposes of reducing

hunger and supplying nutritional needs.

113784. Food compartment

"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.

CLEANABLE, and durable and is constructed to facilitate the cleaning of

the interior and exterior of the compartment.

113786. Food-contact surface

"FOOD-CONTACT SURFACE" means either of the following:

(a) A surface of EQUIPMENT or a UTENSIL with which FOOD normally

comes into contact.

(b) A surface of EQUIPMENT or a UTENSIL from which FOOD may drain,

drip, or splash into a FOOD or onto a surface normally in contact with

FOOD.

113788. Food employee

"FOOD EMPLOYEE" means an EMPLOYEE working with FOOD, FOOD

EQUIPMENT or UTENSILs, or FOOD-CONTACT SURFACEs.

113789. Food facility

(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) A 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, except as provided in paragraph

(12) of subdivision (c).

(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.

(11) FISHERMEN’S MARKETS.

(12) Microenterprise home kitchen operations.

(13) CATERING OPERATION.

(14) HOST FACILITY.

(1) A cooperative arrangement wherein no permanent facilities are

used for storing or handling FOOD.

(2)

A private home when used for private, noncommercial purposes

or when used as a cottage food operation that is registered or

has a permit pursuant to Section 114365.

(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, or

premises set aside by a beer manufacturer, as defined in

Section 25000.2 of the Business and Professions Code, and in

the regulations adopted pursuant to those sections, that comply

with Section 118375, regardless of whether there is a charge for

the wine or beer tasting, if no other BEVERAGE, except for

bottles of wine or beer and prepackaged nonpotentially

hazardous BEVERAGEs, is offered for sale or for onsite

consumption and no food, except for crackers, pretzels, or

prepackaged food that is not potentially hazardous food is

offered for sale or for onsite consumption.

(6) An outlet or location, including, but not limited to, 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 at an outlet or location

controlled by the PRODUCER.

(7) A commercial FOOD processing establishment 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.

(12) (A) An intermediate care facility for the developmentally

disabled, as defined in subdivisions (e), (h), and (m) of Section

1250, with a capacity of six beds or fewer.

(B) A facility described in subparagraph (A) shall report any

foodborne illness or outbreak to the local health department

and to the State Department of Public Health within 24

hours of the illness or outbreak.

(13) A COMMUNITY FOOD PRODUCER, as defined in Section

113752.

(14) A LIMITED SERVICE CHARITABLE FEEDING OPERATION,

as defined in Section 113819.

113790. Food handler

(a) "FOOD HANDLER" means an individual who is involved in the

preparation, storage, or service of FOOD in a FOOD FACILITY, as

defined in subdivision (b), other than an individual holding a valid food

safety certificate issued pursuant to Section 113947.3 or an individual

involved in the preparation, storage, or service of FOOD in a

TEMPORARY FOOD FACILITY, as defined in Section 113930.

(b) For purposes of the definition of a "FOOD FACILITY" in subdivision (a)

and in Section 113948, a FOOD FACILITY means a FOOD FACILITY, as

defined in Section 113789 that sells FOOD for human consumption to the

general public.

113791. Food preparation

"FOOD PREPARATION" means packaging, processing, assembling,

portioning, or any operation that changes the form, flavor, or consistency of FOOD,

but does not include trimming of PRODUCE.

113794. Food safety program

"FOOD SAFETY PROGRAM" means any city, county, or city and county

program that requires, at a minimum, either of the following:

(a) The training of one or more individuals, whether denominated as

"owners," "managers," "handlers," or otherwise, relating in any manner to

FOOD safety issues.

(b) Individuals to pass a FOOD safety certification examination.

113794.1. Food handler program

"FOOD HANDLER PROGRAM" means any city, county, or city and

county program that requires that all or a substantial portion of the EMPLOYEEs

of a FOOD FACILITY who are involved in the preparation, storage, service, or

handling of FOOD products, engage in an APPROVED FOOD safety training or

pass an APPROVED FOOD safety certification examination, or both.

113794.3 Fresh Frozen

“FRESH FROZEN” means that the FOOD was quickly frozen while

still fresh, including immediately after the FOOD had been harvested or FISH had

been caught.

113794.4 Frozen food

“FROZEN FOOD” means a FOOD maintained at a temperature at which

all moisture therein is in a solid state.

113795. Game animal

(a) "GAME ANIMAL" means an animal, the products of which are FOOD, that

is not classified as cattle, sheep, swine, goat, horse, mule, or other equine

in Part 301 of Title 9 of the Code of Federal Regulations, as POULTRY

in Part 381 of Title 9 of the Code of Federal Regulations, or as FISH as

defined under Subpart 1-201.10(B)(31) of the Food and Drug

Administration 2001 Food Code.

(b) "GAME ANIMAL" includes mammals such as reindeer, elk, deer,

antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria,

or muskrat, and nonaquatic reptiles such as land snakes.

113796. Gleaner

“GLEANER” means a person who legally gathers remnants of an

agricultural crop or harvests part of, or all of, an agricultural crop made available by

the owner of the agricultural crop.

113797. Grade A standards

"GRADE A STANDARDS" means the requirements of the United States

Public Health Service/FDA "Grade A Pasteurized Milk Ordinance" and "Grade A

Condensed and Dry Milk Ordinance" with which certain fluid and dry milk and milk

products comply.

113799. HACCP

"HACCP" means a HAZARD Analysis CRITICAL CONTROL POINT.

113801. HACCP plan

"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.

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.

113803. Hazard

"HAZARD" means a biological, chemical, or physical property that may

cause an unacceptable public health risk.

113804. Hearing officer

"HEARING OFFICER" means a local health officer, a director of

environmental health, or his or her designee.

113805. Hermetically sealed container

"HERMETICALLY SEALED CONTAINER" means a container that is

designed and intended to be secure against the entry of micro-organisms and, in

the case of low acid canned FOODs, to maintain the commercial sterility of its

contents after processing.

113806. Highly susceptible population

“HIGHLY SUSCEPTIBLE POPULATION” means a group of persons who

are more likely than other people in the general population to experience

foodborne disease because both of the following conditions exist:

(a) The group is comprised of immunocompromised persons, preschool age

children, or older adults.

(b) The group obtains FOOD at a facility, including, but not limited to, a kidney

dialysis center, hospital, nursing home, or senior center, that provides

services, such as custodial care, health care, assisted living, or

socialization services.

113806.1. Host facility

“HOST FACILITY” means a facility located in a brewery, winery, commercial

building, or another location as approved by the local ENFORCEMENT AGENCY,

that meets applicable requirements to support a CATERING OPERATION that

provides FOOD directly to individual CONSUMERs for a limited period of time, up

to four hours, in any one 12-hour period and that has a permit pursuant to Section

114328.1. “HOST FACILITY” does not include the premises described in

paragraph (5) of subdivision (c) of Section 113789.

113807. Hot dog

“HOT DOG” means a whole, cured, cooked sausage that is skinless or

stuffed in a casing, that may be known as a frankfurter, frank, furter, wiener, red

hot, vienna, bologna, garlic bologna, or knockwurst, and that may be served in a

bun or roll.

113810. Imminent health hazard

"IMMINENT HEALTH HAZARD" means a significant threat or danger to

health that is considered to exist when there is evidence sufficient to show that a

product, practice, circumstance, or event creates a situation that can cause FOOD

infection, FOOD intoxication, disease transmission, VERMIN INFESTATION, or

HAZARDous condition that requires immediate correction or cessation of

operation to prevent injury, illness, or death.

113812. Impound

"IMPOUND" means the legal control exercised by the ENFORCEMENT

OFFICER over the use, sale, disposal, or removal of any FOOD, EQUIPMENT, or

UTENSILs.

113814. Injected

"INJECTED" means manipulating a MEAT to which a solution has been

introduced into its interior by processes that are referred to as "injecting," "pinning,"

or "stitch pumping."

113815. Juice

"JUICE" means the aqueous liquid expressed or extracted from one or

more fruits or vegetables, purees of the edible portions of one or more fruits or

vegetables, or any concentrates of such liquid or puree. "JUICE" includes JUICE

as a BEVERAGE, an ingredient of a BEVERAGE, and a puree as an ingredient of

a BEVERAGE.

113816. Law

"LAW" means applicable local, state, and federal statutes, regulations,

and ordinances.

113818. Limited food preparation

(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 or dispensing and portioning for immediate service to a

customer of FOOD that has been temperature controlled until

immediately prior to portioning or dispensing.

(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) Holding, portioning, and dispensing of any FOODs that are

prepared by a CATERING OPERATION.

(5) Slicing and chopping of nonPOTENTIALLY HAZARDOUS

FOOD or produce that has been washed at an approved facility

or slicing and chopping of FOOD on a heated cooking surface

during the cooking process.

(6) Cooking and seasoning to order.

(7) Juicing or preparing BEVERAGES that are for immediate

service, in response to an individual consumer order, that do not

contain frozen milk products.

(8) Hot and cold holding of FOOD that has been prepared at an

APPROVED permanent FOOD FACILITY.

(9) Reheating of FOOD that has been previously prepared at an

APPROVED permanent FOOD FACILITY and held at

temperatures required by this chapter.

(b) "LIMITED FOOD PREPARATION" does not include any of the following:

(1) Slicing and chopping POTENTIALLY HAZARDOUS FOOD,

other than PRODUCE, 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) Washing of FOODs.

(6) Cooking of POTENTIALLY HAZARDOUS FOODs for later use.

(7) Handling, manufacturing, freezing, processing, or packaging of

milk, milk products, or products resembling milk products

subject to licensing under Division 15 (commencing with Section

32501) of the Food and Agricultural Code.

113819. Limited service charitable feeding operation

(a) “LIMITED SERVICE CHARITABLE FEEDING OPERATION” means an

operation for FOOD service to a CONSUMER solely for providing charity, that

is conducted by a NONPROFIT CHARITABLE ORGANIZATION operating

pursuant to Chapter 10.6 (commencing with Section 114333), and whose

FOOD service is limited to any of the following functions:

(1) Storage and distribution of whole, uncut produce, or of

prepackaged, nonPOTENTIALLY HAZARDOUS FOODS in

their original manufacturer’s packaging.

(2) Storage and distribution of commercially prepared and

commercially packaged POTENTIALLY HAZARDOUS cold or

FROZEN FOODs.

(3) Heating, portioning, or assembling a small volume of

commercially prepared FOODs or ingredients for same day

FOOD service to the consumer, as follows:

(A) Heating, portioning, or assembling a small volume

of commercially prepared FOODs means FOOD

PREPARATION that is restricted to one or more of

the following:

(i) Assembly of READY-TO-EAT FOODs that

require no further preparation aside from

assembly.

(ii) Heating, including boiling of pasta and grains,

and serving.

(iii) Dispensing, portioning, or repackaging of bulk

FOODs.

(B) Heating, portioning, or assembling a small volume

of commercially prepared FOODs does not include

any of the following:

(i) Chopping or dicing.

(ii) Cooking of raw animal products.

(iii) Blending.

(iv) Other food processing as identified by the local

ENFORCEMENT AGENCY.

(4) Reheating or portioning of only commercially prepared FOODs

with no further processing, for same-day FOOD service to the

consumer.

(b) “LIMITED SERVICE CHARITABLE FEEDING OPERATION” does not

include a NONPROFIT CHARITABLE TEMPORARY FOOD FACILITY

operating pursuant to Chapter 10.5 (commencing with Section 114332), or a

TEMPORARY FOOD FACILITY operating pursuant to Chapter 11

(commencing with Section 114335). A LIMITED SERVICE CHARITABLE

FEEDING OPERATION shall operate pursuant to Chapter 10.5 (commencing

with Section 114332) or Chapter 11 (commencing with Section 114335) if it

operates a NONPROFIT CHARITABLE TEMPORARY FOOD FACILITY or a

TEMPORARY FOOD FACILITY, respectively.

113820. Linens

"LINENS" means fabric items such as cloth hampers, cloth napkins,

tablecloths, wiping cloths, and work garments, including cloth gloves.

113820.5 Major food allergen

(a) “MAJOR FOOD ALLERGEN” means all of the following:

(1) Milk.

(2) Eggs.

(3) FISH, including, but not limited to, bass, flounder, and cod.

(4) Crustacean shellfish, including, but not limited to, crab, lobster,

and shrimp.

(5) Tree nuts, including, but not limited to, almonds, pecans, and

walnuts.

(6) Wheat.

(7) Peanuts.

(8) Soybeans.

(9) A FOOD ingredient that contains protein derived from a FOOD

listed in paragraphs (1) to (8), inclusive.

(b) MAJOR FOOD ALLERGEN does not include either of the following:

(1) A highly refined oil derived from a FOOD specified in paragraphs

(1) to (8), inclusive, of subdivision (a) and any ingredient derived

from that highly refined oil.

(2) An ingredient that is exempt under the petition or notification

process specified in the federal FOOD Allergen Labeling and

Consumer Protection Act of 2004 (Public Law 108-282).

113821. Major violation

"MAJOR VIOLATION" means a violation of this part that may pose an

IMMINENT HEALTH HAZARD and warrants immediate closure or other corrective

action.

113823. Meat

"MEAT" means the flesh of animals used as FOOD, including the dressed

flesh of cattle, swine, sheep, goats, and other edible animals, except FISH,

POULTRY, and GAME ANIMALs specified in subdivision (a) of Section 114031.

113824. Menu change

"MENU CHANGE" means a modification of a FOOD FACILITY's menu

that would require a change in the FOOD FACILITY's FOOD PREPARATION

methods, storage EQUIPMENT, or storage capacity previously APPROVED by the

local ENFORCEMENT AGENCY. These changes may include, but are not limited

to, the addition of POTENTIALLY HAZARDOUS FOODs to a menu, installation of

new FOOD PREPARATION or storage EQUIPMENT, or increasing storage

capacity.

113825. Microenterprise home kitchen operation

(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:

(1) The operation has no more than one full-time equivalent FOOD

EMPLOYEE, not including a family member or household

member.

(2) FOOD is prepared, cooked, and served on the same day.

(3) FOOD is consumed onsite at the MICROENTERPRISE HOME

KITCHEN OPERATION or offsite if the FOOD is picked up by

the CONSUMER or delivered within a safe time period based on

holding EQUIPMENT capacity.

(4) FOOD PREPARATION does not involve processes that require

a HACCP plan, as specified in Section 114419, or the

production, service, or sale of raw milk or raw milk products, as

defined in Section 11380 of Title 17 of the California Code of

Regulations.

(5) The service and sale of raw oysters is prohibited.

(6)The production, manufacturing, processing, freezing, or

packaging of milk or milk products, including, but not limited to,

cheese, ice cream, yogurt, sour cream, and butter, is prohibited.

(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 90

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 one hundred thousand dollars

($100,000) in verifiable gross annual sales, as adjusted annually

for inflation based on the California Consumer Price Index.

(9) The operation only sells FOOD directly to CONSUMERs and not

to any wholesaler or retailer. For purposes of this paragraph, the

sale of FOOD prepared in a MICROENTERPRISE HOME

KITCHEN OPERATION through the internet website or mobile

application of an internet food service intermediary, as defined

in Section 114367.6, is a direct sale to CONSUMERs. An

operation that sells FOOD through the internet website or mobile

application of an INTERNET FOOD SERVICE INTERMEDIARY

shall consent to the disclosures specified in paragraphs (6) and

(7) of subdivision (a) of Section 114367.6.

(b) “MICROENTERPRISE HOME KITCHEN OPERATION” does not include

either of the following:

(1) A CATERING OPERATION.

(2) A COTTAGE FOOD OPERATION, as defined in Section

113758.

individual who resides in the private home when not elsewhere for labor or

other special or temporary purpose.

(d) For purposes of this section, “meal” means the amount or quantity of

FOOD that is intended to be consumed by one customer in one sitting. A

meal may include one or more of the following:

(1) A main dish.

(2) Appetizers.

(3) Side dishes.

(4) Beverages.

(5) Baked goods.

(6) Desserts.

113827. Minor violation

"MINOR VIOLATION" means a violation of this part that does not pose

an IMMINENT HEALTH HAZARD, but does warrant correction.

113831. Mobile food facility

(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.

FACILITY that operates from an individual or from a pushcart, stand,

display, pedal-driven cart, wagon, showcase, rack, or other

nonmotorized conveyance.

113833. Mobile support unit

OBILE SUPPORT UNIT" means a vehicle used in conjunction with a

COMMISSARY or other PERMANENT FOOD FACILITY, that travels to, and

services, MOBILE FOOD FACILITIES as needed to replenish supplies, including

FOOD and POTABLE WATER, clean the interior of the unit, or dispose of liquid or

solid wastes.

113835.

Molluscan shellfish

"MOLLUSCAN SHELLFISH" means any edible species of fresh or

FROZEN oysters, clams, mussels, and scallops or edible portions thereof, except

when the scallop product consists only of the shucked adductor muscle.

113837.

Multiservice utensil

ULTISERVICE UTENSIL" means a UTENSIL manufactured for use

more than one time.

113839.

Nonpermanent food facility

"NO

NPERMANENT FOOD FACILITY" means a FOOD FACILITY that

operates from a mobile unit or at a nonpermanent location, including, but not

limited to, a CERTIFIED FARMERS’ MARKET, a FISHERMEN’S MARKET, a

MOBILE FOOD FACILITY, a MOBILE SUPPORT UNIT, a TEMPORARY FOOD

FACILITY, or a VENDING MACHINE.

113841. Nonprofit charitable organization

"NO

NPROFIT CHARITABLE ORGANIZATION" means either of the

following:

(a) A corporation incorporated pursuant to the Nonprofit Corporation LAW

(Division 2 (commencing with Section 5000) of Title 1 of the Corporations

Code), that is exempt from taxation pursuant to paragraphs (1) to (10),

inclusive, and paragraph (19) of Section 501(c) of the Internal Revenue

Code and Section 23701d of the Revenue and Taxation Code.

(b) An organization that was organized and is in operation for charitable

purposes and meets the requirements of Section 214 of the Revenue and

Taxation Code.

113842. N

onprofit charitable temporary food facilities

"NO

NPROFIT CHARITABLE TEMPORARY FOOD FACILITIES” means

either one of the following:

(a) A TEMPORARY FOOD FACILITY, as defined in Section 113930, that is

conducted by a NONPROFIT CHARITABLE ORGANIZATION, as

defined in Section 113841.

(b) An established club or organization of students that operates under the

authorization of a school or other educational facility.

113843. Open-air barbecue

"OPEN-AIR BARBECUE" means a piece of EQUIPMENT designed for

barbecuing FOOD, where the FOOD is prepared out of doors by cooking directly

over hot coals, heated lava, hot stones, gas flame, or other method APPROVED

by the DEPARTMENT, on EQUIPMENT suitably designed and maintained for use

out of doors, that is operated by a TEMPORARY FOOD FACILITY, a CATERING

OPERATION, or a MOBILE FOOD FACILITY that remains fixed during hours of

operations at a COMMUNITY EVENT or a PERMANENT FOOD FACILITY.

113846. Outdoor wood-burning oven

"OUTDOOR WOOD-BURNING OVEN" means an oven located out of

doors, that utilizes wood as the primary fuel for cooking and is operated by a

TEMPORARY FOOD FACILITY, MOBILE FOOD FACILITY that remains fixed

during hours of operation at a COMMUNITY EVENT, PERMANENT FOOD

FACILITY, SATELLITE FOOD SERVICE, or CATERING OPERATION.

113849. Permanent food facility

"PERMANENT FOOD FACILITY" means a FOOD FACILITY operating in

a permanently constructed structure, including any room, building, place, or portion

thereof, maintained, used, or operated for the purpose of storing, preparing,

serving, manufacturing, packaging, or otherwise handling FOOD at the RETAIL

level.

113851. Permit

(a) “PERMIT” means the document issued by the ENFORCEMENT

AGENCY that authorizes a person to operate a FOOD FACILITY or

COTTAGE FOOD OPERATION.

(b) “Registration” shall have the same meaning as PERMIT for purposes of

implementation and enforcement of this part.

113853. Permit holder

"PERMIT HOLDER" means the entity that is legally responsible for the

operation of the FOOD FACILITY, such as the owner, the owner's agent, or other

PERSON, and possesses a valid PERMIT to operate a FOOD FACILITY.

113855. Person

"PERSON" means any individual, firm, partnership, joint venture,

association, limited liability company, corporation, estate, trust, receiver,

syndicate, city, county, or other political subdivision, or any other group or

combination acting as a unit.

113856. Person in charge

"PERSON IN CHARGE" means the individual present at a FOOD

FACILITY who is responsible for the operation of the FOOD FACILITY.

113859. Personal care items

(a) "PERSONAL CARE ITEMS" means items or substances that may be

poisonous, toxic, or a source of contamination and are used to maintain

or enhance a PERSON’s health, hygiene, or appearance.

(b) "PERSONAL CARE ITEMS" include items such as medicines, first aid

supplies, cosmetics, and toiletries such as toothpaste and mouthwash.

113861. pH

"pH" means the symbol for the negative logarithm of the hydrogen ion

concentration, which is a measure of the degree of acidity or alkalinity of a solution.

Values between 0 and 7 indicate acidity and values between 7 and 14 indicate

alkalinity. The value for pure distilled water is 7, which is considered neutral.

113863. Plumbing fixture

"PLUMBING FIXTURE" means a receptacle or device that is permanently

or temporarily connected to the water distribution system of the PREMISES and

demands a supply of water from the system or discharges used water, waste

materials, or sewage directly or indirectly to the drainage system of the

PREMISES.

113865. Plumbing system

"PLUMBING SYSTEM" means the water supply and distribution pipes,

PLUMBING FIXTUREs and traps, soil, waste, and vent pipes, sanitary and storm

sewers and building drains, including their respective connections, devices, and

appurtenances within the PREMISES, and water-treating EQUIPMENT.

113867. Poisonous or toxic materials

"POISONOUS OR TOXIC MATERIALS" means substances that are not

intended for ingestion and are included in one of the following categories:

(a) Cleaners and sanitizers, which include cleaning and sanitizing agents

and agents such as caustics, acids, drying agents, polishes, and other

chemicals.

(b) Pesticides except sanitizers, which include substances such as

insecticides and rodenticides.

such as nonFOOD grade lubricants and PERSONAL CARE ITEMS that

may be deleterious to health.

(d) Substances that are not necessary for the operation and maintenance of

the facility and are on the PREMISES for RETAIL sale, such as petroleum

products and paints.

113868. Portable

"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 exceed

100 pounds (46 kg) in weight or is otherwise designed to be mobile.

113869. Potable water

"POTABLE WATER" means water that complies with the standards for

transient noncommunity water systems pursuant to the California Safe Drinking

Water Act (Chapter 4 (commencing with Section 116270) of Part 12, to the extent

permitted by federal LAW.

113871. Potentially hazardous food

(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).

following:

(1) A FOOD with an a

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 a

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.

113873. Poultry

"POULTRY" means either of the following:

(a) Any domesticated bird, including chickens, turkeys, ducks, geese, or

guineas, whether live or dead, as defined in Poultry Products Inspection

Regulations (9 C.F.R. 381).

(b) Any migratory waterfowl, game bird, including a pheasant, partridge, quail,

grouse, or guinea, or pigeon, ratites, or squab, whether live or dead, as

defined in the Voluntary Poultry Inspection Regulations (9 C.F.R. 362).

113874. Premises

"PREMISES" means:

(a) The FOOD FACILITY, its contents, and the contiguous land or property

and its facilities and contents that are under the control of the PERMIT

HOLDER.

(b) The FOOD FACILITY, its contents, and the land or property not described

in subdivision (a) if the facility and contents are under the control of the

PERMIT HOLDER and may impact FOOD FACILITY personnel, facilities,

or operations.

113876. Prepackaged food

"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.

113877. Produce

"PRODUCE" means any whole edible portion of a plant in its raw and

natural state.

113879. Produce stand

"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.

113880. Producer

"PRODUCER" means a PERSON or entity who produces shell EGGs or

edible plants by practice of the agricultural arts upon land that the PERSON or

entity controls.

113881. Ready-to-eat food

"READY-TO-EAT FOOD" means FOOD that is in a form that is edible

without additional preparation to achieve FOOD safety, as specified in Section

114004 or Section 114008, is a raw or partially cooked FOOD of animal origin and

the CONSUMER is advised as specified under Section 114093, or may receive

additional preparation for palatability or aesthetic, epicurean, gastronomic, or

culinary purposes. "READY-TO-EAT FOOD" includes all of the following:

(a) Raw FOOD of animal origin that is cooked as specified in Section 114004

or 114008.

(b) Raw fruits and vegetables that are washed as specified in Section

113992.

Section 114010.

(d) All POTENTIALLY HAZARDOUS FOOD that is cooked to the

temperature and time required for the specific FOOD under Sections

114004, 114008, and 114010 and cooled as specified in Section 114002.

(e) PRODUCE for which further washing, cooking, or other processing is not

required for FOOD safety, and from which rinds, peels, husks, or shells,

if naturally present, are removed.

(f) Substances derived from plants, such as spices, seasonings, and sugar.

(g) A bakery item, such as bread, cakes, pies, fillings, or icing, for which

further cooking is not required for FOOD safety.

(h) The following products that are produced in accordance with USDA

guidelines and that have received a lethality treatment for pathogens: dry,

fermented sausages, such as dry salami or pepperoni; salt-cured MEAT

and POULTRY products, such as prosciutto ham, country cured ham, and

parma ham; and dried MEAT and POULTRY products, such as jerky or

beef sticks.

(i) FOODs manufactured according to 21 C.F.R. Part 113—Thermally

Processed Low-Acid FOODs Packaged in HERMETICALLY SEALED

CONTAINERs.

113883. Reduced oxygen packaging

"REDUCED OXYGEN PACKAGING" means the reduction of the amount

of oxygen in a package by mechanically evacuating the oxygen, displacing the

oxygen with another gas or combination of gases, or otherwise controlling the

oxygen content in a package to a level below that normally found in the surrounding

atmosphere, which is 21 percent oxygen. "Reduced-oxygen packaging" includes

methods that may be referred to as altered atmosphere, modified atmosphere,

controlled atmosphere, low oxygen, and vacuum packaging, including sous vide.

113885. Refrigeration unit

"REFRIGERATION UNIT" means a mechanical unit that extracts heat

from an area through liquefaction and evaporation of a fluid by a compressor,

flame, or thermoelectric device, and includes a mechanical thermostatic control

device that regulates refrigerated blown air into an enclosed area at or below the

minimum required FOOD storage temperature of POTENTIALLY HAZARDOUS

FOODs in conformance with Section 113996.

113887. Refuse

"REFUSE" means solid waste not carried by water through the sewage

system.

113889. Remodel

"REMODEL" means construction, building, or repair to the FOOD

FACILITY that requires a PERMIT from the local building authority. For purposes

of MOBILE FOOD FACILITIES, TEMPORARY FOOD FACILITIES, and

SATELLITE FOOD SERVICE, "REMODEL" means any replacement or significant

modification of an integral piece of EQUIPMENT.

113893. Restricted food service facility

(a) "RESTRICTED FOOD SERVICE FACILITY" means either of the

following:

(1) A FOOD FACILITY of 20 guestrooms or less that provides

overnight transient occupancy accommodations, that serves

FOOD only to its registered guests, that serves only a breakfast

or similar early morning meal and no other meals, and that

includes the price of FOOD in the price of the overnight transient

occupancy accommodation.

(2) An agricultural homestay facility that meets all of the following

requirements:

(A) Has not more than six guest rooms or accommodates not

more than 15 guests.

(B) Provides overnight transient accommodations.

meals at any time, and includes the price of FOOD in the

price of the overnight transient occupancy accommodation.

(D) Lodging and meals are incidental and not the primary

function of the agricultural homestay facility.

(E) The agricultural homestay facility is located on, and is a part

of, a farm, as defined in Section 52262 of the Food and

Agricultural Code, that produces agricultural products as its

primary source of income.

(b) Notwithstanding subdivision (a), a RESTRICTED FOOD SERVICE

FACILITY may serve light FOODs or snacks presented to the guest for

self-service.

FOOD SERVICE FACILITY and the PERMIT HOLDER of the facility is

that of innkeeper and guest. For purposes of this section, the existence

of some other legal relationships as between some occupants and the

PERMIT HOLDER shall be immaterial.

113894. Restrict

"RESTRICT" means to limit the activities of a FOOD EMPLOYEE so that

there is no risk of transmitting a disease that is transmissible through FOOD and

the FOOD EMPLOYEE does not work with exposed FOOD, clean EQUIPMENT,

UTENSILs, LINENS, and unwrapped SINGLE-USE ARTICLES.

113895. Retail

"RETAIL" means the storing, preparing, serving, manufacturing,

packaging, transporting, salvaging, or otherwise handling FOOD for dispensing or

sale directly to the CONSUMER or indirectly through a delivery service.

113897. Sanitization

"SANITIZATION" means the application of cumulative heat or chemicals

on cleaned FOOD-CONTACT SURFACEs that, when evaluated for efficacy, is

sufficient to yield a reduction of five logs, which is equal to a 99.999 percent

reduction, of representative disease micro-organisms of public health importance.

113899. Satellite food service

"SATELLITE FOOD SERVICE" means a remotely located FOOD service

operation that is conducted on the same property as, in reasonable proximity to,

and in conjunction with and by, a fully enclosed PERMANENT FOOD FACILITY.

SATELLITE FOOD SERVICE located within a fully enclosed

PERMANENT FOOD FACILITY shall be temporary by nature.

113901. Sealed

"SEALED" means free of cracks or other openings that allow the entry or

passage of moisture.

113903. Service animal

(a) “SERVICE ANIMAL” means any dog that is individually trained to do work

or perform tasks for the benefit of an individual with a disability, including

a physical, sensory, psychiatric, intellectual, or other mental disability, or

that is in training to do that work or perform those tasks. “SERVICE

ANIMAL” does not include any other species of animals, whether wild or

domestic, trained or untrained.

(b) The work or tasks performed by a SERVICE ANIMAL shall include

assisting individuals who are blind or have low vision with navigation and

other tasks, alerting individuals who are deaf or hard of hearing to the

presence of people or sounds, providing nonviolent protection or rescue

work, pulling a wheelchair, assisting an individual during a seizure,

alerting individuals to the presence of allergens, retrieving items such as

medicine or the telephone, providing physical support and assistance

with balance and stability to individuals with mobility disabilities, or

helping persons with psychiatric and neurological disabilities by

preventing or interrupting impulsive or destructive behaviors. The crime

deterrent effects of an animal’s presence and the provision of emotional

support, well-being, comfort, or companionship do not constitute work or

tasks for the purposes of this subdivision.

113907. Shellfish certification number

"SHELLFISH CERTIFICATION NUMBER" means a unique combination

of letters and numbers assigned by a SHELLFISH CONTROL AUTHORITY to a

MOLLUSCAN SHELLFISH dealer according to LAW or to the provisions of the

National Shellfish Sanitation Program.

113909. Shellfish control authority

"SHELLFISH CONTROL AUTHORITY" means a state, federal, foreign,

tribal, or other government entity legally responsible for administering a program

that includes certification of MOLLUSCAN SHELLFISH harvesters and dealers.

113911. Shellstock

"SHELLSTOCK" means raw, in-shell MOLLUSCAN SHELLFISH.

113912. Shucked shellfish

"SHUCKED SHELLFISH" means MOLLUSCAN SHELLFISH that have

one or both shells removed.

113914. Single-use articles

"SINGLE-USE ARTICLES" mean UTENSILs, TABLEWARE, carry-out

UTENSILs, bulk FOOD containers, and other items such as bags, containers,

placemats, stirrers, straws, toothpicks, and wrappers that are designed and

constructed for one time, one PERSON use, after which they are intended for

discard. "SINGLE-USE ARTICLES" also include items such as wax paper, butcher

paper, plastic wrap, formed aluminum FOOD containers, jars, plastic tubs or

buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans that

do not meet the materials, durability, strength, and cleanability specifications for

UTENSILs under Sections 114130, 114130.1, and 114130.3.

113916. Smooth

"SMOOTH" means any of the following:

(a) A FOOD-CONTACT SURFACE that is free of pits, pinholes, cracks,

crevices, inclusions, rough edges, and other surface imperfections

detectable by visual or tactile inspection.

(b) A nonFOOD-contact EQUIPMENT surface equal to that of commercial

grade hot-rolled steel free of visible scale.

or projections that render it difficult to clean.

113917. Swap meet

"SWAP MEET" shall have the meaning set forth in Section 21661 of the

Business and Professions Code.

113924. Table-mounted equipment

"TABLE-MOUNTED EQUIPMENT" means EQUIPMENT that is not

PORTABLE and is designed to be mounted off the floor on a table, counter, or

shelf.

113926. Tableware

"TABLEWARE" means eating, drinking, and serving UTENSILs for table

use, including forks, knives, spoons, bowls, cups, serving dishes, tumblers, and

plates.

113928. Temperature measuring device

"TEMPERATURE MEASURING DEVICE" means a thermometer,

thermocouple, thermistor, or other device that indicates the temperature of FOOD,

air, or water.

113930. Temporary food facility

"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 only

as a part of the COMMUNITY EVENT or SWAP MEET.

113930.5. Third-party food delivery platform

“THIRD-PARTY FOOD DELIVERY PLATFORM” means a business

engaged in the service of online FOOD ordering and delivery from a FOOD

FACILITY to a CONSUMER. For purposes of this section, a FOOD FACILITY does

not include a grocery store, as defined in Section 113948, or a room, building, or

place or portion thereof, excluding a restaurant, used to sell to a customer primarily

the following products: fresh PRODUCE, MEAT, POULTRY, FISH, deli products,

dairy products, perishable beverages, baked FOODS, and prepared FOODs.

113931. Tight-fitting

"TIGHT-FITTING" means fabricated so that joining members are in

contact along the entire seam with no opening greater than 1/64th inch (.04 cm).

113932. Transporter

"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.

113933. USDA

"USDA" means the United States Department of Agriculture.

113934. Utensil

"UTENSIL" means a FOOD-contact implement or container used in the

storage, preparation, transportation, dispensing, sale, or service of FOOD, such

as kitchenware or TABLEWARE that is multiuse, single-service, or single-use,

gloves used in contact with FOOD, temperature sensing probes of FOOD

TEMPERATURE MEASURING DEVICEs, and probe-type price or identification

tags used in contact with FOOD.

113936. Variance

"VARIANCE" means a written document issued by the DEPARTMENT

that allows the use of an alternative practice or procedure based on a

determination by the DEPARTMENT that the alternate practice or procedure is

equivalent to the existing requirements, and that a health HAZARD will not result

from the alternative practice or procedure. A VARIANCE may be issued in the

following circumstances:

(a) For EMPLOYEE hygiene, as described in subdivision (e) of Section

113953, and Sections 113953.3 and 113953.4.

(b) For protection of FOOD from contamination, as described in Sections

113984, 113986, 113988, and 113992.

(d) For cooling time and methods, as described in Sections 114002 and

114002.1.

(e) For cooking and reheating temperatures for POTENTIALLY

HAZARDOUS FOOD, as described in Sections 114004, 114008, 114010,

and 114016.

(f) For use of raw shell EGGs in FOODs that are not thoroughly cooked, as

described in Section 114012.

(g) For thawing of FROZEN FOOD, as described in Section 114020.

(h) For receiving temperatures of POTENTIALLY HAZARDOUS FOODs, as

described in Section 114037.

(i) For reduced-oxygen packaging of POTENTIALLY HAZARDOUS FOOD,

as described in Sections 114057 and 114057.1.

(j) For SANITIZATION methods for FOOD-contact and nonFOOD-

CONTACT SURFACEs, as described in Sections 114099.6, 114109,

114117, 114119, and 114121.

(k) For dispensing bulk POTENTIALLY HAZARDOUS FOOD from VENDING

MACHINES as described in subdivision (c) of Section 114145.

113938. Vending machines

"VENDING MACHINES" means a self-service device that, upon insertion

of money or tokens, dispenses FOOD without the necessity of replenishing the

device between each vending operation and that operates in conjunction with a

COMMISSARY. "VENDING MACHINES" does not include any device dispensing

exclusively peanuts, nuts, popcorn, gum, or hard candy, prepackaged candy,

cookies, crackers, or similar snacks and BEVERAGEs that are not POTENTIALLY

HAZARDOUS FOOD, and prepackaged ice.

113939. Vermin

"VERMIN" means cockroaches, mice, rats, and similar pests that carry

disease.

113939.1. Vermin infestation

"VERMIN INFESTATION" means the presence of VERMIN within the

FOOD FACILITY as evidenced by actual live bodies, fresh droppings or vomitus,

urine stains, or gnaw marks, that could result in contamination to the FOOD,

EQUIPMENT, packaging, or UTENSILs.

113940. Warewashing

"WAREWASHING" means the cleaning and sanitizing of UTENSILs and

FOOD-CONTACT SURFACEs of EQUIPMENT.

113941. Warm water

"WARM WATER" means water that is supplied through a mixing valve or

combination faucet at a temperature of at least 100°F.

Chapter 3 Management and Personnel

Article 1. Supervision

113945. Assignment

The PERMIT HOLDER shall be the PERSON IN CHARGE or shall

designate a PERSON IN CHARGE and shall ensure that a PERSON IN CHARGE

is present at the FOOD FACILITY during all hours of operation.

113945.1. Person in charge

The PERSON IN CHARGE shall ensure both of the following:

(a) Except as specified in Section 113984.1, the PERSON IN CHARGE shall

ensure that PERSONs unnecessary to the FOOD FACILITY operation

shall not be allowed in the FOOD PREPARATION, FOOD storage, or

WAREWASHING areas.

(b) CONSUMERs are notified that clean TABLEWARE is to be used when

they return to self-service areas, such as salad bars and buffets, as

specified in Section 114075.

Article 2. Employee Knowledge

113947. Minimum standards of knowledge-general requirements

(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) The PERSON IN CHARGE shall comply with both of the following:

(1) Have adequate knowledge of MAJOR FOOD ALLERGENs,

FOODs identified as MAJOR FOOD ALLERGENs, and the

symptoms that a MAJOR FOOD ALLERGEN could cause in a

sensitive individual who has an allergic reaction.

(2) Educate the EMPLOYEEs at the food facility regarding the

information described in paragraph (1), which the PERSON IN

CHARGE may elect to accomplish by, among other methods,

using a poster or job aid to which the EMPLOYEE can refer.

designated person who has knowledge of safe FOOD handling

practices and the MAJOR FOOD ALLERGENs as they relate to the

specific FOOD preparation activities that occur at the FOOD FACILITY.

113947.1. Food safety certification exam

(a) FOOD FACILITIES that prepare, handle, or serve nonprepackaged

POTENTIALLY HAZARDOUS FOOD, except TEMPORARY 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. No certified PERSON at a FOOD FACILITY may serve

at any other FOOD FACILITY as the PERSON required to be certified

pursuant to this subdivision. The certified owner or EMPLOYEE need not

be present at the FOOD FACILITY during all hours of operation.

(b) FOOD FACILITIES that are not subject to the requirements of subdivision

(a) that prepare, handle, or serve nonprepackaged, nonPOTENTIALLY

HAZARDOUS FOODs, except TEMPORARY FOOD FACILITIES, shall

do one of the following:

(1) 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.

(2) Demonstrate to the ENFORCEMENT OFFICER that the

EMPLOYEEs have an adequate knowledge of FOOD safety

principles as they relate to the specific operation involved in their

assigned duties.

prepare, handle, or serve nonPREPACKAGED FOOD shall have an

owner or PERSON IN CHARGE who can demonstrate to the

ENFORCEMENT OFFICER that he or she has an adequate knowledge

of FOOD safety principles as they relate to the specific FOOD FACILITY

operation.

(d)

(1) For the purposes of this section, multiple contiguous FOOD

FACILITIES PERMITted within the same site and under the

same management, ownership, or control shall be deemed to

be one FOOD FACILITY, notwithstanding the fact that the

FOOD FACILITIES may operate under separate PERMITs.

(2) This subdivision shall not apply to the PREMISES of a licensed

winegrower or brandy manufacturer utilized for wine tastings

conducted pursuant to Section 23356.1 of the Business and

Professions Code of wine or brandy produced or bottled by, or

produced and prepackaged for, that license when use is limited

to wine tasting.

(e) A FOOD FACILITY that commences operation, changes ownership, or

no longer has a certified owner or EMPLOYEE pursuant to this section

shall have 60 days to comply with this subdivision.

(f) The responsibilities of a certified owner or EMPLOYEE at a FOOD

FACILITY or an owner or PERSON IN CHARGE of a TEMPORARY

FOOD FACILITY described in subdivision (c) shall include the safety of

FOOD PREPARATION and service, including ensuring that all

EMPLOYEEs who handle, or have responsibility for handling, non-

PREPACKAGED FOODs of any kind, have sufficient knowledge to

ensure the safe preparation or service of the FOOD, or both. The nature

and extent of the knowledge that each EMPLOYEE is required to have

may be tailored, as appropriate, to the EMPLOYEE's duties related to

FOOD safety issues.

(g) The FOOD safety certificate issued pursuant to Section 113947.3 shall

be retained on file at the FOOD FACILITY at all times, and shall be made

available for inspection by the ENFORCEMENT OFFICER.

(h) Certified individuals shall be recertified every five years by passing an

APPROVED and accredited FOOD safety certification examination.

(i) A FOOD SAFETY PROGRAM that was not in effect prior to January1,

1999, shall not be enacted, adopted, implemented, or enforced, unless

the program fully conforms to the requirements of this part.

113947.2. Approved and accredited exams

The FOOD safety certification examination for purposes of Section 113947.1

shall include, but need not be limited to, all of the following elements of

knowledge:

(a) Foodborne illness, including terms associated with foodborne illness,

micro-organisms, hepatitis A, and toxins that can contaminate FOOD and

the illness that can be associated with contamination, definition and

recognition of POTENTIALLY HAZARDOUS FOODs, chemical,

biological, and physical contamination of FOOD, and the illnesses that

can be associated with FOOD contamination, and major contributing

factors for foodborne illness.

(b) The relationship between time and temperature with respect to foodborne

illness, including the relationship between time and temperature and

micro-organisms during the various FOOD handling, preparation, and

serving states, and the type, calibration, and use of thermometers in

monitoring FOOD temperatures.

the association of hand contact, personal habits and behaviors, and

FOOD EMPLOYEE health to foodborne illness, and the recognition of

how policies, procedures, and management contribute to improved FOOD

safety practices.

(d) Methods of preventing FOOD contamination in all stages of FOOD

handling, including terms associated with contamination and potential

HAZARDs prior to, during, and after delivery.

(e) Procedures for cleaning and sanitizing EQUIPMENT and UTENSILs.

(f) Problems and potential solutions associated with facility and

EQUIPMENT design, layout, and construction.

(g) Problems and potential solutions associated with temperature control,

preventing cross-contamination, housekeeping, and maintenance.

(h)

Describing FOODs identified as MAJOR FOOD ALLERGENs and the

symptoms that a MAJOR FOOD ALLERGEN could cause in a sensitive

individual who has an allergic reaction.

113947.3. Recognition of certificate

(a) Food safety certification required pursuant to Section 113947.1 shall be

achieved by successfully passing an examination from an accredited food

protection manager certification organization. The certification

organization shall be accredited by the American National Standards

Institute as meeting the requirements of the Conference for Food

Protection's "Standards for Accreditation of Food Protection Manager

Certification Programs." Those FOOD EMPLOYEES who successfully

pass an APPROVED certification examination shall be issued a

certificate by the certifying organization. The issuance date for each

original certificate issued pursuant to this section shall be the date when

the individual successfully completes the examination. Certificates shall

be valid for five years from the date of original issuance. Any replacement

or duplicate certificate shall have as its expiration date the same

expiration date that was on the original certificate.

(b)

(1) By July 20, 2008, the DEPARTMENT, in consultation with the

California Conference of Directors of Environmental Health,

representatives of the RETAIL FOOD industry, and other

interested parties, shall develop and implement a program for

the purposes of demonstrating adequate knowledge for

operators of TEMPORARY FOOD FACILITIES.

(2) At least one of the accredited food safety certification

examinations shall cost no more than sixty dollars ($60),

including the certificate. However, the DEPARTMENT may

adjust the cost of food safety certification examinations to reflect

actual expenses incurred in producing and administering the

food safety certification examinations required under this

section. If a food safety certification examination is not available

at the price established by the DEPARTMENT, the certification

and recertification requirements relative to food safety

certification examinations imposed by this section shall not

apply.

(3) At least one of the accredited food safety certification

examinations shall be offered online.

(4) An accredited food safety certification examination that is

provided with an in-person trainer-led class or is offered online

shall be proctored under secure conditions to protect the validity

of the food protection manager certification examination.

113947.4. Food certification prohibition

Except as provided in Section 113947.5, no city, county, or city and

county may enact, adopt, implement, or enforce any requirement that any FOOD

FACILITY or any PERSON certified pursuant to this section do any of the following:

(a) Obtain any food safety certificate or other document in addition to the

certificate required by Section 113947.1.

(b) Post, place, maintain, or keep the certificate other than as specified in

subdivision (e) of Section 113947.1.

validated, or otherwise processed by the city, county, or city and county.

113947.5. Violations of this section

Certification conferred pursuant to this part shall be recognized

throughout the state. Nothing in this part shall be construed to prohibit any

ENFORCEMENT AGENCY from implementing or enforcing a FOOD HANDLER

PROGRAM that took effect prior to January 1, 1998, but only in the form in which

the program existed prior to January 1, 1998.

113947.6. Infraction

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.

113948. Food Handler Card

(a)

(1) Subject to the exceptions described in subdivision (e), a FOOD

HANDLER who is hired prior to June 1, 2011, shall obtain a

FOOD HANDLER card on or before July 1, 2011. Subject to the

exceptions described in subdivision (e), a FOOD HANDLER

who is hired on or after June 1, 2011, shall obtain a FOOD

HANDLER card within 30 days after the date of hire. Each

FOOD HANDLER shall maintain a valid FOOD HANDLER card

for the duration of the FOOD HANDLER’s employment as a

FOOD HANDLER.

(2) FOOD HANDLER cards shall be valid for three years from the

date of issuance, regardless of whether the FOOD HANDLER

changes employers during that period.

(3) A FOOD HANDLER card shall be recognized throughout the

state, except in jurisdictions described in subdivision (f).

(b)

(1) Prior to January 1, 2012, a FOOD HANDLER may obtain a

FOOD HANDLER card from either one of the following:

(A) An American National Standards Institute (ANSI)

accredited training provider that meets ASTM International

E2659-09 Standard Practice for Certificate Programs.

(B) A food protection manager certification organization

described in Section 113947.3.

(2) Commencing January 1, 2012, a FOOD HANDLER shall obtain

a FOOD HANDLER card only from an American National

Standards Institute (ANSI) accredited training provider that

meets ASTM International E2659-09 Standard Practice for

Certificate Programs.

(3) A FOOD HANDLER card shall be issued only upon successful

completion of a FOOD HANDLER training course and

examination that meets at least all of the following requirements:

(A)

(i) The course provides basic, introductory instruction on

the elements of knowledge described in subdivisions

(a), (b), (c), (d), (e), and (g) of Section 113947.2.

(ii) On or before January 1, 2021, the course shall include

instruction on both of the following:

(I) The elements of knowledge described in

paragraph (1) of subdivision (b) of Section 113947

that are consistent with recommendations from a

nationally organized allergy organization.

(II) Safe handling FOOD practices for major

FOOD allergens, as defined in Section 113820.5,

as they relate to FOOD preparation activities that

occur at a FOOD FACILITY, including, but not

limited to, training on the avoidance of allergen

cross-contamination.

(B) The course and examination is designed to be comple

ted

within approximately two and one-half hours.

the required subject matter.

(D) A minimum score of 70 percent on the examination is

required to successfully complete the examination.

through a trainer-led class and examination, through the use of a

computer program or the internet, or through a combination of trainer-led

class and the use of a computer program or the internet. The use of the

computer program or internet shall have sufficient security channels and

procedures to guard against fraudulent activity. However, this subdivision

shall not be construed to require the presence or participation of a proctor

during a FOOD HANDLER training course examination that is provided

through a computer program or the internet.

(d) This section shall apply to a FOOD HANDLER who is employed by a

FOOD FACILITY, as defined in Section 113790, or an organized camp, as

defined in Section 18897, consistent with Section 30730 of Title 17 of the

California Code of Regulations.

(e) This section shall not apply to a FOOD HANDLER who is employed by any

of the following:

(1) CERTIFIED FARMERS’ MAR

KETS.

(2) COMMISSARIES.

(3) Grocery stores, except for separately owned FOOD FACILITIES

to which this section otherwise applies that are located in the

grocery store. For purposes of this paragraph, "grocery store"

means a store primarily engaged in the retail sale of canned

FOOD, dry goods, fresh fruits and vegetables, and fresh

MEATs, FISH, and POULTRY and any area that is not

separately owned within the store where FOOD is prepared and

served, including a bakery, deli, and MEAT and seafood

counter. "Grocery store" includes convenience stores.

(4) Licensed health care facilities.

(5) MOBILE SUPPORT UNITs.

(6) Public and private school cafeterias.

(7) RESTRICTED FOOD SERVICE FACILITIES.

(8) RETAIL stores in which a majority of sales are from a pharmacy,

as defined in Section 4037 of the Business and Professions

Code, and venues with snack bar service in which the majority

of sales are from admission tickets, but excluding any area in

which restaurant-style sit-down service is provided.

(9) A FOOD FACILITY that provides in-house FOOD safety training

to all EMPLOYEEs involved in the preparation, storage, or

service of FOOD if all of the following conditions are met:

(A) The FOOD FACILITY

uses a training course that has been

APPROVED for use by the FOOD FACILITY

in another

state that has adopted the requirements described in

Subpart 2-103.11 of the 2001 edition of the model Food

Code, not including the April 2004 update, published by the

federal Food and Drug Administration.

(B) Upon request, the FOOD FACILITY

provides evidence

satisfactory to the local ENFORCEMENT OFFICER

demonstrating that the FOOD FACILITY training program

has been APPROVED for use in another state pursuant to

subparagraph (A).

no cost to the EMPLOYEE.

(10) A FOOD FACILITY that is subject to a collective bargaining

agreement with its FOOD HANDLERs.

(11) Any city, county, city and county, state, or regional facility used

for the confinement of adults or minors, including, but not limited

to, a county jail, juvenile hall, camp, ranch, or residential facility.

(12) An elderly nutrition program, administered by the California

Department of Aging, pursuant to the Older Americans Act of

1965 (42 U.S.C. Sec. 3001 et seq.), as amended.

(f) The requirements of this section, except for subdivision (i), shall not apply

to a FOOD HANDLER subject to an existing local FOOD HANDLER

program that took effect prior to January 1, 2009.

(g) Each FOOD FACILITY that employs a FOOD HANDLER subject to the

requirements of this section shall maintain records documenting that

each FOOD HANDLER employed by the FOOD FACILITY possesses a

valid FOOD HANDLER card, and shall provide those records to the local

ENFORCEMENT OFFICER upon request.

(h)

(1) By January 1, 2025, the DEPARTMENT shall post on its internet

website a link to the internet website of ANSI-accredited FOOD

HANDLER training programs. A local public health department

shall provide a link to that web page on its own internet website.

(2) At least one FOOD HANDLER training course and examination

shall cost no more than fifteen dollars ($15), including a FOOD

HANDLER card. If a FOOD HANDLER training course and

examination is not available at that cost, the requirement to

obtain a FOOD HANDLER card imposed by this section shall

not apply.

(i)

(1) An employer shall consider the time that it takes for the

EMPLOYEE to complete the training and the examination as

compensable “hours worked,” for which the employer shall pay

and pursuant to Section 2802 of the Labor Code, shall pay the

EMPLOYEE for any necessary expenditures or losses

associated with the EMPLOYEE obtaining a FOOD HANDLER

card. An employer shall relieve an EMPLOYEE of all other work

duties while the EMPLOYEE is taking the training course and

examination.

(2) An employer shall not condition employment on an applicant or

EMPLOYEE having an existing FOOD HANDLER card.

Article 3. Employee Health

113949. Intent

It is the intent of the Legislature to reduce the likelihood of foodborne

disease transmission by preventing any FOOD EMPLOYEE who is suffering from

symptoms associated with an ACUTE GASTROINTESTINAL ILLNESS, or known

to be infected with a communicable disease that is transmissible through FOOD,

from engaging in the handling of FOOD until the FOOD EMPLOYEE is determined

to be free of that illness or disease, or incapable of transmitting the illness or

disease through FOOD as specified in this article.

113949.1. Local health officer notification

(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

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.

113949.2. Responsibility of owner

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 wound that is one of the following:

(1) On the hands or wrists, unless an impermeable cover such as

a finger cot or stall protects the wound and a single-use glove

is worn over the impermeable cover.

(2) On exposed portions of the arms, unless the wound is protected

by an impermeable cover.

(3) On other parts of the body, unless the wound is covered by a

dry, durable, tight-fitting bandage.

113949.4. Responsibility of the food employee

A FOOD EMPLOYEE shall do both of the following:

(a) Report to the PERSON IN CHARGE the information specified under

Section 113949.2.

(b) Comply with the EXCLUSIONS or RESTRICTIONS, or both, that are

specified under Section 113950.

113949.5. Responsibility of the person in charge to notify local

enforcement agency

(a) The PERSON IN CHARGE shall notify the local ENFORCEMENT

AGENCY when notified that the FOOD EMPLOYEE has been diagnosed

with an infectious agent specified under subdivision (b) of Section

113949.1.

(b) A PERSON IN CHARGE shall notify the local ENFORCEMENT AGENCY

when he or she is aware that two or more FOOD EMPLOYEEs are

concurrently experiencing symptoms associated with an acute

gastrointestinal illness.

113950. Exclusions and restrictions

(a) The local health officer or, in consultation with the local health officer, the

local ENFORCEMENT AGENCY shall do either of the following:

(1) EXCLUDE a FOOD EMPLOYEE from a FOOD FACILITY if the

FOOD EMPLOYEE is diagnosed with an infectious agent

specified in subdivision (b) of Section 113949.1 and the FOOD

EMPLOYEE is symptomatic and still considered infectious.

(2) RESTRICT a FOOD EMPLOYEE if the FOOD EMPLOYEE is

diagnosed with an infectious agent specified under subdivision

(b) of Section 113949.1 and is not experiencing symptoms of

the illness associated with that agent but is still considered

infectious with an agent specified in subdivision (b) of Section

113949.1.

(b) The PERSON IN CHARGE shall do either of the following:

(1) EXCLUDE a FOOD EMPLOYEE from a FOOD FACILITY if the

FOOD EMPLOYEE is diagnosed with an infectious agent

specified under subdivision (b) of Section 113949.1.

(2) RESTRICT a FOOD EMPLOYEE from working with exposed

FOOD; clean EQUIPMENT, UTENSILs, and LINENS; and

unwrapped single-service and SINGLE-USE ARTICLES in a

FOOD FACILITY if the FOOD EMPLOYEE is suffering from

symptoms of an ACUTE GASTROINTESTINAL ILLNESS.

113950.5. Removal of exclusions and restrictions

(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.

Article 4. Handwashing

113952. Clean condition

FOOD EMPLOYEEs shall keep their hands and exposed portions of their

arms clean.

113953. Handwashing facilities

(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.

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.

113953.1. Using a handwashing facility

(a) A handwashing facility shall be clean, unobstructed, and accessible at all

times for EMPLOYEE use.

(b) A handwashing facility shall not be used for purposes other than

handwashing.

PREPARATION, WAREWASHING, or in a service sink or a curbed

cleaning facility used for the disposal of mop water and similar liquid

waste.

(d) Notwithstanding subdivision (c), a WAREWASHING sink may be used for

handwashing as specified in Section 114125.

113953.2. Handwashing supplies

A handwashing facility shall be provided with the following in dispensers

at, or adjacent to, each handwashing facility:

(a) Handwashing cleanser.

(b) Sanitary single-use towels or a heated-air hand drying device.

113953.3. Handwashing procedure

(a) Except as specified in subdivision (b) and (c), all EMPLOYEEs shall

thoroughly wash their hands and that portion, if any, of their arms

exposed to direct FOOD contact with cleanser and WARM WATER by

vigorously rubbing together the surfaces of their lathered hands and arms

for at least 10 to 15 seconds and thoroughly rinsing with clean running

water followed by drying of cleaned hands and that portion, if any, of their

arms exposed. EMPLOYEEs shall pay particular attention to the areas

underneath the fingernails and between the fingers. EMPLOYEEs shall

wash their hands in all of the following instances:

(1) Immediately before engaging in FOOD PREPARATION,

including working with nonPREPACKAGED FOOD, clean

EQUIPMENT and UTENSILs, and unwrapped single-use FOOD

containers and UTENSILs.

(2) After touching bare human body parts other than clean hands

and clean, exposed portions of arms.

(3) After using the toilet room.

(4) After caring for or handling any animal allowed in a FOOD

FACILITY pursuant to this part.

(5) After coughing, sneezing, using a handkerchief or disposable

tissue, using tobacco, eating, or drinking.

(6) After handling soiled EQUIPMENT or UTENSILs.

(7) During FOOD PREPARATION, as often as necessary to remove

soil and contamination and to prevent cross-contamination when

changing tasks.

(8) When switching between working with raw FOOD and working

with READY-TO-EAT FOOD.

(9) Before initially donning gloves for working with FOOD.

(10) Before dispensing or serving FOOD or handling clean

TABLEWARE and serving UTENSILs in the FOOD service area.

(11) After engaging in other activities that contaminate the hands.

(b) If APPROVED and capable of removing the types of soils encountered in

the FOOD operations involved, an automatic handwashing facility may

be used by FOOD EMPLOYEEs to clean their hands.

which double gloves are worn to handle raw animal proteins. The loose-

fitting outer glove shall be removed in a manner to prevent cross-

contamination of the tight-fitting inner glove before the inner glove is used

as a barrier to bare hand contact with READY-TO-EAT FOOD.

113953.4. Hand sanitizers

(a) A hand antiseptic used as a topical application, a hand antiseptic solution

used as a hand dip, or a hand antiseptic soap shall meet either one of the

following requirements:

(1) Be an APPROVED drug that is listed in the FDA publication

APPROVED Drug Products with Therapeutic Equivalence

Evaluations as an APPROVED drug based on safety and

effectiveness.

(2) Have active antimicrobial ingredients that are listed in the FDA

monograph for OTC Antiseptic Health-Care Drug Products as

an antiseptic handwash.

(b) In addition to the requirements of subdivision (a), the hand antiseptic used

as a topical application, hand antiseptic solution used as a hand dip, or

hand antiseptic soap shall meet either one of the following requirements:

(1) Have components that are exempted from the requirement of

being listed in federal FOOD ADDITIVE regulations as specified

in 21 CFR 170.39 - Threshold of regulation for substances used

in FOOD-contact ARTICLEs.

(2) Comply with, and be listed in, either of the following federal

regulations:

(A) 21 CFR 178 - Indirect FOOD ADDITIVEs: Adjuvants,

Production Aids, and Sanitizers as regulated for use as a

FOOD ADDITIVE with conditions of safety use.

(B) 21 CFR 182 - Substances Generally Recognized as Safe,

21 CFR 184 - Direct FOOD Substances Affirmed as

Generally Recognized as Safe, or 21 CFR 186 - Indirect

FOOD Substances Affirmed as Generally Recognized as

Safe for use in contact with FOOD.

used as a hand dip, or a hand antiseptic soap that meets the

requirements of subdivisions (a) and (b) shall be applied only to hands

that are cleaned in a manner described in Section 113953.3.

(d) If a hand antiseptic or a hand antiseptic solution used as a hand dip does

not meet the requirements of subdivision (b), the hand antiseptic or hand

antiseptic solution used as a hand dip may be used only if its use is either

of the following:

(1) Followed by thorough hand rinsing in clean water before hand

contact with FOOD directly or with the use of gloves.

(2) Limited to situations where bare hands do not come in direct

contact with FOOD.

(e) A hand antiseptic solution used as a hand dip shall be maintained clean

and at a strength equivalent to at least 100 mg/l chlorine.

113953.5. Handwashing signage

(a) Except as specified in subdivision (b), a sign or poster that notifies FOOD

EMPLOYEEs to wash their hands shall be posted at all handwashing

lavatories used by FOOD EMPLOYEEs, and shall be clearly visible to

FOOD EMPLOYEEs.

(b) This section does not apply to toilet rooms in guestrooms of

RESTRICTED FOOD SERVICE FACILITIES.

113961. Handling ready-to-eat foods

(a) FOOD EMPLOYEEs shall minimize bare hand and arm contact with

nonPREPACKAGED FOOD that is in a READY-TO-EAT form.

(b) FOOD EMPLOYEEs shall use nonlatex UTENSILS, including scoops,

forks, tongs, paper wrappers, gloves, or other implements, to assemble

READY-TO-EAT FOOD or to place READY-TO-EAT FOOD on

TABLEWARE or in other containers. However, FOOD EMPLOYEEs may

assemble or place on TABLEWARE or in other containers READY-TO-

EAT FOOD in an APPROVED FOOD PREPARATION area without using

UTENSILS if hands are cleaned in accordance with Section 113953.3.

prepackaged at the direction of the CONSUMER shall be handled only

with UTENSILS. These UTENSILS shall be properly sanitized before

reuse.

113963. Employee hand wash frequency

Consistent with Section 113952, a FOOD EMPLOYEE working in any

FOOD FACILITY, as defined in Section 113789 of the Health and Safety Code,

shall be permitted to wash their hands every 30 minutes and additionally as

needed.

Articl

e 5. Personal Cleanliness

113967. Food contamination by employees

No EMPLOYEE shall commit any act that may cause the contamination

or adulteration of FOOD, FOOD-CONTACT SURFACEs, or UTENSILs.

113968. Fingernails

FOOD EMPLOYEEs shall keep their fingernails trimmed, filed, and

maintained so the edges and surfaces are cleanable and not rough.

113969. Hair restraints

(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.

113971. Clothing

FOOD EMPLOYEEs shall wear clean outer clothing to prevent

contamination of FOOD, EQUIPMENT, UTENSILs, LINENS, and SINGLE-USE

ARTICLES.

Article 6. Hygienic Practices

113973. Use of gloves

(a) Single-use nonlatex gloves shall be worn when contacting FOOD and

FOOD-CONTACT SURFACEs if the EMPLOYEE has any cuts, sores,

rashes, artificial nails, nail polish, rings, other than a plain ring, such as a

wedding band, uncleanable orthopedic support devices, or fingernails

that are not clean, smooth, or neatly trimmed.

(b) Whenever gloves are worn, they shall be changed, replaced, or washed

as often as handwashing is required by this part. Single-use gloves shall

not be washed.

with READY-TO-EAT FOOD or with raw FOOD of animal origin, used for

no other purpose, and shall be discarded when damaged or soiled, or

when interruptions in the FOOD handling occur.

(d) Except as specified in subdivision (e), nonlatex slash-resistant gloves that

are used to protect the hands during operations requiring cutting shall be

used only with FOOD that is subsequently cooked as specified in Section

114004, such as FROZEN FOOD or a primal cut of MEAT.

(e) Nonlatex slash-resistant gloves may be used with READY-TO-EAT

FOOD that will not be subsequently cooked if the slash-resistant gloves

have a SMOOTH, durable, and nonabsorbent outer surface or if the

slash-resistant gloves are covered with a SMOOTH, durable,

nonabsorbent glove, or a single-use glove.

(f) Cloth gloves may not be used in direct contact with FOOD unless the

FOOD is subsequently cooked.

(g) The use of latex gloves is prohibited in FOOD FACILITIES and RETAIL

FOOD establishments. Types of nonlatex gloves that may be used in a

FOOD FACILITY or RETAIL FOOD establishment include, but are not

limited to, nitrile, polyethylene, and vinyl.

113974. Employees with cold or flu symptoms

FOOD EMPLOYEEs experiencing, while at work in a FOOD FACILITY,

persistent sneezing, coughing, or runny nose that is associated with discharges

from the eyes, nose, or mouth, and that cannot be controlled by medication, shall

not work with exposed FOOD; clean EQUIPMENT, UTENSILs, or LINENS; or

unwrapped single-use UTENSILs.

113975. Employees with open or draining wounds

(a) Except as provided in subdivision (b), an EMPLOYEE who has a wound

that is open or draining shall not handle FOOD.

(b) A FOOD EMPLOYEE who has a wound is restricted from FOOD handling

unless the FOOD EMPLOYEE complies with all of the following:

(1) If the wound is located on the hand or wrist, an impermeable

cover, such as a finger cot or stall, shall protect the wound. A

single-use glove shall be worn over the impermeable cover.

(2) If the wound is located on exposed portions of the arms, an

impermeable cover shall protect the wound.

(3) If the wound is located on other parts of the body, a dry, durable,

tight-fitting bandage shall cover the wound.

(4) For purposes of this section, a wound also includes a cut, sore,

rash, or lesion.

113976. Preventing contamination when testing

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.

113977. Eating, drinking or using tobacco

(a) Except as specified in subdivision (b), an EMPLOYEE shall eat, drink, or

use any form of tobacco only in designated areas where contamination

of nonPREPACKAGED FOOD; clean EQUIPMENT, UTENSILs, and

LINENS; unwrapped SINGLE-USE ARTICLES; or other items needing

protection cannot result.

(b) A FOOD EMPLOYEE may drink from a closed BEVERAGE container if

the container is handled to prevent contamination of the EMPLOYEE's

hands, the container, nonPREPACKAGED FOOD, and FOOD-

CONTACT SURFACEs.

113978. No smoking sign

FOOD FACILITIES shall have a "no smoking" sign posted in the FOOD

PREPARATION, FOOD storage, and WAREWASHING areas.

Chapter 4. General Food Safety Provisions

rticle 1. Protection from Contamination

11398

0. Requirements for food

All FOOD shall be manufactured, produced, prepared, compounded,

packed, stored, transported, kept for sale, and served so as to be pure and free

from adulteration and spoilage; shall have been obtained from APPROVED

SOURCEs; shall be protected from dirt, VERMIN, unnecessary handling, droplet

contamination, overhead leakage, or other environmental sources of

contamination; shall otherwise be fully fit for human consumption; and shall

conform to the applicable provisions of the Sherman Food, Drug, and Cosmetic

Law (Part 5 (commencing with Section 109875)).

11398

2. Food transportation

(a) E

xcept as specified in subdivision (b), FOOD shall be transported in a

manner that meets the following requirements:

) T

he interior floor, sides, and top of the FOOD holding area shall

be constructed of a SMOOTH, washable, impervious material

capable of withstanding frequent cleaning.

) T

he FOOD holding area shall be constructed and operated s

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 t

equired holding temperatures.

(b)

) RE

ADY-TO-EAT FOOD delivered through a THIRD-PARTY FOOD

DELIVERY PLATFORM shall be transported in a manner that meets

all of the following requirements:

(A)

he interior floor, sides, and top of the FOOD holding area

shall be clean and capable of withstanding frequent

cleaning.

(B) READY-TO-EAT FOOD shall be protected from

contamination in accordance with Section 113980.

necessary to prevent spoilage.

(2)

ll bags or containers in which READY-TO-EAT FOODs are being

transported or delivered from a FOOD FACILITY to a customer

through a THIRD-PARTY FOOD DELIVERY PLATFORM shall be

closed by the FOOD FACILITY with a tamper-evident method prior

to the FOOD deliverer, who transports and delivers READY-TO-EAT

FOOD for the THIRD-PARTY FOOD DELIVERY PLATFORM, taking

possession of the READY-TO-EAT FOOD.

) E

NFORCEMENT OFFICERs may recover from a THIRD-PART

FOOD DELIVERY PLATFORM reasonable costs that are associated

with the enforcement of this section against FOOD deliverers who

transport and deliver READY-TO-EAT FOOD for the THIRD-PARTY

FOOD DELIVERY PLATFORM.

(c)

(1) This section shall not apply to the transportation of prepackaged

nonPOTENTIALLY HAZARDOUS FOODS.

(2) Paragraph (2) of subdivision (b) shall not apply to FOOD transported

as part of a CHARITABLE FEEDING PROGRAM or FOOD being

donated to a FOOD BANK, as defined in Section 113783.

113984. Food preparation area, protection from contamination

(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.

COMPARTMENT or as APPROVED by the ENFORCEMENT AGENCY.

Subject to subdivision (g), this subdivision does not 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.

113984.1. Food preparation area, consumer access

CONSUMER access to a FOOD FACILITY through the FOOD

PREPARATION area is permissible, at the discretion of the PERMIT HOLDER, if

READY-TO-EAT FOODs are prepared in APPROVED areas separated from

sources of contamination by a space of at least three feet from the CONSUMER

and in areas that are separate from raw or undercooked FOODs. The route of

access shall be separated from the required space by a rail or wall at least three

feet high or otherwise clearly delineated.

113986. Food and ingredient contamination

(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.

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.

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

FOODs.

(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.

113988. Protection from unapproved additives

(a) FOOD shall be protected from contamination that may result from the

addition of unsafe or unAPPROVED FOOD or color ADDITIVEs or unsafe

or unAPPROVED levels of APPROVED FOOD and color ADDITIVEs.

(b) A FOOD EMPLOYEE may not apply sulfiting agents to fresh fruits and

vegetables intended for raw consumption, or to any POTENTIALLY

HAZARDOUS FOOD.

113990. Ice used as exterior coolant prohibited as ingredient

Ice that has been used as a medium for cooling the exterior surfaces of

FOOD such as melons or FISH, PREPACKAGED FOODs such as canned

BEVERAGEs, or cooling coils and tubes of EQUIPMENT, shall not be used as

FOOD.

113992. Washing produce

(a) PRODUCE shall be thoroughly washed in POTABLE WATER to remove

soil and other contaminants before being cut, combined with other

ingredients, cooked, served, or offered for human consumption in

READY-TO-EAT form, except as specified in subdivision (b) and except

when intended for washing by the CONSUMER before consumption.

(b) Chemicals used to wash or peel PRODUCE shall meet the requirements

specified in 21 C.F.R. 173.315.

Article 2. Time and Temperature Relationships

113996. Hot and cold holding, potentially hazardous food

(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 may be held at a temperature of 130°F or above.

(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.

113998. Time limits for food preparation

If it is necessary to remove POTENTIALLY HAZARDOUS FOOD from

the specified holding temperatures to facilitate preparation, this preparation shall

in no case exceed two cumulative hours without a return to the specified holding

temperatures.

114000. Time as a public health control

(a) Except as specified in subdivision (b), if time only, rather than time in

conjunction with temperature, is used as the public health control for a

working supply of POTENTIALLY HAZARDOUS FOOD before cooking

or for READY-TO-EAT POTENTIALLY HAZARDOUS FOOD that is

displayed or held for service for immediate consumption, the following

shall occur:

(1) The FOOD shall be marked or otherwise identified to indicate

the time that is four hours past the point in time when the FOOD

is removed from temperature control.

(2) The FOOD shall be cooked and served, served if ready-to-eat,

or discarded within four hours from the point in time when the

FOOD is removed from temperature control.

(3) The FOOD in unmarked containers or packages or marked to

exceed a four-hour limit shall be discarded.

(4) Written procedures shall be maintained in the FOOD FACILITY

and made available to the ENFORCEMENT AGENCY upon

request, that ensure compliance with this section and Section

114002, for FOOD that is prepared, cooked, and refrigerated

before time is used as a public health control.

(b) Time only, rather than time in conjunction with temperature, may not be

used as the public health control for raw EGGs in the following FOOD

FACILITIES:

(1) Licensed health care facilities.

(2) Public and private school cafeterias

114002. Cooling

(a) W

henever 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.

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.

) P

asteurized 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 i

efrigerated EQUIPMENT that maintains an ambient temperature of 45°F

or less.

11400

2.1. Cooling methods

(a) T

he rapid cooling of POTENTIALLY HAZARDOUS FOODs shall be

accomplished in accordance with the time and temperature criteria

specified in Section 114002 by using one or more of the following

methods based on the type of FOOD being cooled:

(1) Placing the FOOD in shallow pans.

) S

eparating the FOOD into smaller or thinner portions.

) U

sing rapid cooling EQUIPMENT.

) U

sing containers that facilitate heat transfer.

) A

dding ice as an ingredient.

(6) Using ice paddles.

) I

nserting appropriately designed containers in an ice bath and

stirring frequently.

) I

n accordance with an HACCP PLAN adopted pursuant to this

part.

) U

tilizing other effective means that have been APPROVED by

the ENFORCEMENT AGENCY.

(b) When placed in cooling or cold holding EQUIPMENT, FOOD containers

in which FOOD is being cooled shall be arranged in the EQUIPMENT t

ovide maximum heat transfer through the container walls, loosely

covered, or uncovered if protected from overhead contamination during

the cooling period to facilitate heat transfer from the surface of the FOOD,

and stirred as necessary to evenly cool a liquid or a semi-liquid FOOD.

114004. Cooking temperatures of raw animal foods

(a) Except as specified in subdivision (b) or (c), raw animal FOODs such as

EGGs, FISH, MEAT, POULTRY, and FOODs containing these raw

animal FOODs shall be cooked to heat all parts of the FOODs 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) Except as specified in paragraph (2) or (3) of subdivision (a)

or subdivision (b) or (c), FISH and MEAT, including GAME

ANIMALs commercially raised for FOOD.

(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 mechanically tenderized and INJECTED

MEATs.

(B) The following FOODs, if they are comminuted: FISH,

MEAT, and GAME ANIMALs commercially raised for FOOD

as specified in subparagraph (B) of paragraph (1).

(1).

Minimum

Temperature (°F)

Time

145

3 minutes

150

1 minute

158

< 1 second (instantaneous)

(3) The following shall be heated to a minimum internal temperature

of 165°F for 15 seconds:

(A) POULTRY.

(B) Baluts

ratites.

(D) Stuffing containing FISH, MEAT, POULTRY, or ratites.

(E) Pasta and any other FOOD stuffed with FISH, MEAT,

POULTRY, or ratites.

(F) GAME ANIMALs.

(b) Whole beef roasts, corned beef roasts, pork roasts, lamb 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 lbs

10 lbs or more

Still Dry

350°F or more

250°F or more

Convection

325°F or more

250°F or more

High Humidity*

250°F or less

*Relative humidity greater than 90 percent for at least 1 hour measured in the

cooking chamber or exit of the oven; or in a moisture-impermeable bag that

provides 100 percent 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 (°F)

Time* in

Minutes

Temperature

(°F)

Time* in Seconds

130

112

147

134

131

149

133

151

135

153

136

155

138

157

140

158

142

144

145

* Holding time may include post oven heat rise.

offered for sale in a READY-TO-EAT form if all of the following conditions

are satisfied:

(1) The FOOD FACILITY serves a population that is not a highly

susceptible population.

(2) The steak is labeled to indicate that it meets the definition of

“whole-muscle, intact beef” as specified in subdivision (c) of

Section 114021.

(3) The steak is cooked on both the top and bottom to a surface

temperature of 145 degrees Fahrenheit or above and a cooked

color change is achieved on all external surfaces.

(d) A raw animal FOOD such as raw EGG, raw FISH, raw marinated FISH,

raw MOLLUSCAN SHELLFISH, or steak tartare, or a partially cooked

FOOD such as lightly cooked FISH, soft cooked EGGs, or rare meat other

than whole-muscle, intact beef steaks as specified in subdivision (c), may

be served or offered for sale upon consumer request or selection in a

READY-TO-EAT form if either of the following conditions are satisfied:

(1) All of the following requirements are met:

(A) As specified in paragraph (1) or (2) of subdivision (e) of

Section 114091, the food facility serves a population that is

not a highly susceptible population.

(B) The FOOD, if served or offered for service by consumer

selection from a children’s menu, does not contain

COMMINUTED meat.

ensure its safety, the FOOD should be cooked as specified

in subdivision (a) or (b).

(2) The DEPARTMENT grants a variance from subdivision (a) or (b)

pursuant to Section 114417 based on a HACCP plan that

satisfies all of the following conditions:

(A) It is submitted by the PERMITHOLDER and approved

pursuant to Sections 114417.1 and 114417.3.

(B) It documents scientific data or other information showing that

a lesser time and temperature regimen results in safe FOOD.

prepared and training of FOOD EMPLOYEEs at the FOOD

FACILITY meet the conditions of the variance.

114008. Microwave cooking

Raw FOODs of animal origin cooked in a microwave oven shall meet all

of the following requirements:

(a) Be rotated or stirred throughout or midway during cooking to compensate

for uneven distribution of heat.

(b) Be covered to retain surface moisture.

(d) Stand covered for at least two minutes after cooking to obtain

temperature equilibrium.

114010. Plant food cooking for hot holding

Fruits and vegetables that are cooked for hot holding shall be cooked to

a minimum temperature of 135°F.

114012. Pasteurized egg, substitute for raw shell eggs for certain

recipes

Except as specified in Section 114091, pasteurized EGGs or pasteurized

EGG products shall be substituted for raw shell EGGs in the preparation of FOODs

such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, EGGnog, ice

cream, and EGG-fortified BEVERAGEs that are not cooked as specified under

Section 114004, nor included in Section 114093.

114014. Preparation for immediate service

Cooked and refrigerated FOOD that is prepared for immediate service in

response to an individual CONSUMER order may be served at any temperature.

114016. Reheating for hot holding

(a) Except as specified under subdivisions (b) and (c), POTENTIALLY

HAZARDOUS FOOD that is cooked, cooled, and reheated for hot holding

shall be reheated so that all parts of the FOOD reach a temperature of at

least 165°F for 15 seconds.

(b) Except as specified under subdivision (c), POTENTIALLY HAZARDOUS

FOOD reheated in a microwave oven for hot holding shall be reheated so

that all parts of the FOOD reach a temperature of at least 165°F and the

FOOD is rotated or stirred, covered, and allowed to stand covered for at

least two minutes after reheating.

HERMETICALLY SEALED CONTAINER, or from an intact package from

a FOOD processing plant shall be heated to a temperature of at least

135°F for hot holding.

(d) Reheating for hot holding shall be done rapidly, and the time the FOOD

is between 41°F and 165°F shall not exceed two hours.

(e) Remaining unsliced portions of roasts that are cooked as specified under

Section 114004 may be reheated for hot holding using the oven

parameters and minimum time and temperature conditions as specified

in Section 114004.

114018. Frozen food

FROZEN FOODs shall be stored and displayed in their FROZEN state

unless being thawed in accordance with Section 114020.

114020. Thawing

FROZEN POTENTIALLY HAZARDOUS FOOD shall only be thawed in

one of the following ways:

(a) Under refrigeration that maintains the FOOD temperature at 41°F or

below.

(b) Completely submerged under potable running water for a period not to

exceed two hours at a water temperature of 70°F or below, and with

sufficient water velocity to agitate and flush off loose particles into the sink

drain.

(d) As part of a cooking process.

Article 3. Food from Approved Sources

114021. Compliance with food law

(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, unless that FOOD is prepared by a

COTTAGE FOOD OPERATION that is registered or has a PERMIT

pursuant to Section 114365.

undercooked form that does not satisfy the conditions for service

pursuant to Section 114093 shall satisfy all of the following conditions:

(1) Either the FOOD has been obtained from a food processing

plant that, upon request by the purchaser, packages the steaks

and labels them to indicate that the steak meets the definition of

whole-muscle, intact beef, or is deemed acceptable by the

ENFORCEMENT AGENCY based on other evidence, such as

written buyer specifications or invoices, that indicate that the

steaks meet the definition of whole-muscle intact beef.

(2) If the FOOD is individually cut in a FOOD FACILITY, all of the

following conditions are satisfied:

(A) The FOOD is cut from whole-muscle intact beef that is

labeled by a FOOD processing plant as specified in

paragraph (1).

(B) The FOOD is prepared so it remains intact.

FACILITY, the FOOD is labeled as specified in paragraph

(1).

114023. Food in a hermetically sealed container

FOOD in a HERMETICALLY SEALED CONTAINER shall be obtained

from a FOOD processing plant that is regulated by the FOOD regulatory agency

that has jurisdiction over the plant, or from a COTTAGE FOOD OPERATION that

produces jams, jellies, and preserves and that is registered or has a PERMIT

pursuant to Section 114365

114024. Egg and milk products, pasteurized

(a) Liquid, frozen, and dry EGGs and EGG products shall be obtained

pasteurized.

(b) FROZEN milk products, such as ice cream, shall be obtained pasteurized

as specified in 21 C.F.R. 135 -FROZEN Desserts.

specified in LAW shall be obtained pasteurized.

(d) This section shall not apply to properly labeled prepackaged raw milk and

raw milk products obtained from an APPROVED SOURCE and

dispensed and sold at RETAIL by the FOOD FACILITY in compliance

with 17 CCR 11380.

11402

5. Ice

ce for use as a FOOD or a cooling medium shall be made from POTABLE

WATER.

114027. Fish

ISH that are received for sale or service shall be commercially and

legally caught or harvested.

114029. Molluscan shellfish

(a) M

OLLUSCAN SHELLFISH shall be obtained from sources according to

LAW or the requirements specified in the United States Department of

Health and Human Services, Public Health Service, Food and Drug

Administration, National Shellfish Sanitation Program Guide for the

Control of Molluscan Shellfish.

) M

OLLUSCAN SHELLFISH received in interstate commerce shall be from

sources that are listed in the Interstate Certified Shellfish Shippers List.

received for sale or service.

114031. Game animals

(a) G

AME ANIMALs shall be received from an APPROVED SOURCE.

)

GAME ANIMAL shall not be received for sale or service if it is a species

of wildlife that is listed in 50 C.F.R. 17 Endangered and Threatened

Wildlife and Plants or is listed as an endangered or threatened animal by

the Department of Fish and Game.

donated FISH and game by nonprofit organizations authorized to serve

meals to indigent PERSONs.

(1) "FISH," as used in this subdivision, shall be defined as that term

is used in Section 45 of the Fish and Game Code.

(2) "Game," as used in this subdivision, means any game bird, as

defined in Section 3500 of the Fish and Game Code, or game

mammal, as defined in Section 3950 of the Fish and Game

Code.

Article 4. Receipt of Food

11403

5. Inspection upon receipt

(a) F

OOD shall be inspected as soon as practicable upon receipt and prior

to any use, storage, or resale.

) F

OOD shall be accepted only if the inspection conducted upon receipt

determines that the FOOD satisfies all of the following:

(1) Was prepared by and received from APPROVED SOURCEs.

) I

s received in a wholesome condition.

) I

s received in packages that are in good condition and that

protect the integrity of the contents so that the FOOD is not

exposed to adulteration or potential contaminants.

(4) Is in containers and on pallets that are not infested with VERMIN

or otherwise contaminated.

spoilage and randomly checked for adherence to the temperature

requirements as specified in Section 113996.

11403

7. Receiving temperatures

(a) E

xcept as specified in subdivision (b), refrigerated, POTENTIALLY

HAZARDOUS FOOD may be at a temperature of 45°F or below when

received, if the POTENTIALLY HAZARDOUS FOOD is cooled within four

hours of receipt to a temperature at or below 41°F.

(b) If a temperature other than 41°F for a POTENTIALLY HAZARDOUS

FOOD is specified in LAW governing its distribution, the FOOD may be

received at the specified temperature and cooled as specified in

subdivisions (d) and (e) of Section 114002.

an internal temperature of 45°F or below, or, if received on the date of

harvest, at a temperature above 45°F.

(d) POTENTIALLY HAZARDOUS FOOD that is received hot shall be at a

temperature of 135°F or above.

) A

FOOD that is labeled FROZEN and shipped FROZEN by a FOOD

processing plant shall be received FROZEN and accepted only if there

are not visible signs of thawing or refreezing.

(f) Upon receipt, POTENTIALLY HAZARDOUS FOOD shall be free of

evidence of previous temperature abuse.

11403

9. Shucked shellfish, packaging and identification

(a) Raw SHUCKED SHELLFISH shall be obtained in nonreturnable

packages that bear a legible label that identifies the name, address, and

certification number of the shucker-packer or repacker of the

MOLLUSCAN SHELLFISH, and a "sell by" date or a “best if used by” date

for packages with a capacity of less than one-half gallon, or the date

shucked for packages with a capacity of one-half gallon or more.

) A

package of raw SHUCKED SHELLFISH that does not bear a label or

that bears a label that does not contain all the information required by

subdivision (a) shall be subject to IMPOUND pursuant to Section 114393.

11403

9.1. Shellstock identification

(a) SHELLSTOCK shall be obtained in containers bearing legible source

identification tags or labels that are affixed by the harvester or each dealer

that depurates, ships, or reships the SHELLSTOCK. Except as specifie

by subdivision (c), on the harvesters or dealer's tag or label, the following

information shall be listed in the following order:

(1) The harvesters or dealer's name and address.

(2) The harvester's certification number as assigned by the

authority and the original SHELLSTOCK shipper's certification

number.

(3) The date of harvesting.

(4) The most precise identification of the harvest location or

aquaculture site that is practicable based on the system of

harvest area designations that is in use by the SHELLFISH

CONTROL AUTHORITY and including the abbreviation of the

name of the state or country in which the shellfish are harvested.

(5) The type and quantity of shellfish.

(6) The following statement in bold, capitalized type: "THIS TAG IS

REQUIRED TO BE ATTACHED UNTIL CONTAINER IS

EMPTY OR RETAGGED AND THEREAFTER KEPT ON FILE

FOR 90 DAYS."

(7) The dealer's tag or label shall also indicate the original shipper's

certification number, including the abbreviation of the name of

the state or country in which the shellfish are harvested.

(b) A container of SHELLSTOCK that does not bear a tag or label or that

bears a tag or label that does not contain all the information required

under subdivision (a) shall be subject to IMPOUND pursuant to Section

114393.

identification, individual dealer tags or labels need not be provided.

114039.2. Shellstock, condition

When received by a FOOD FACILITY, SHELLSTOCK shall be

reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead

shellfish or SHELLSTOCK with badly broken shells shall be discarded.

114039.3. Molluscan shellfish, original container

(a) Except as specified in subdivisions (b) and (c), MOLLUSCAN

SHELLFISH shall not be removed from the container in which they are

received other than immediately before sale or preparation for service.

(b) SHELLSTOCK may be removed from the container in which they are

received and displayed on drained ice or held in a display container. A

quantity specified by a CONSUMER may be removed from the display or

display container and provided to the CONSUMER if the source of the

SHELLSTOCK on display is identified as specified under Section

114039.1 and recorded as specified under Section 114039.4 and the

SHELLSTOCK are protected from contamination.

they were received and held in a display container from which individual

servings are dispensed upon a CONSUMER's request if the labeling

information for the shellfish on display as specified under Section 114039

is retained and correlated to the date when, or dates during which, the

shellfish are sold or served and the shellfish are protected from

contamination.

114039.4. Shellstock, maintaining identification

(a) Except as specified by subdivision (b), SHELLSTOCK tags shall remain

attached to the container in which the SHELLSTOCK are received until

the container is empty.

(b) The identity of the source of SHELLSTOCK that are sold or served shall

be maintained for 90 calendar days from the dates of harvest by using an

APPROVED recordkeeping system that keeps the tags or labels in

chronological order correlated to the date or dates the SHELLSTOCK are

sold or served.

tagged or labeled container, the identity of the source of SHELLSTOCK

that are sold or served shall be maintained by doing the following:

(1) Using a recordkeeping system as required under subdivision

(b).

(2) Ensuring that SHELLSTOCK from one tagged or labeled

container are not COMMINGLEd with SHELLSTOCK from

another container with different certification numbers, harvest

dates, or growing areas as identified on the tag or label before

being ordered by the CONSUMER.

(3) If SHELLSTOCK are portioned and prepackaged, including a

copy of the corresponding SHELLSTOCK tag or properly

labeling the package with the required shellfish information.

114039.5. Molluscan shellfish tanks

(a) Except as specified in subdivision (b), MOLLUSCAN SHELLFISH life-

support system display tanks shall not be used to display shellfish that

are offered for human consumption and shall be conspicuously marked

so that it is obvious to the CONSUMER that the shellfish are for display

only.

(b) MOLLUSCAN SHELLFISH life support system display tanks that are

used to store and display shellfish that are offered for human

consumption shall be operated and maintained in accordance with an

HACCP PLAN as specified in Section 114419.1. Operation and

maintenance shall ensure the following:

(1) Water used with FISH other than MOLLUSCAN SHELLFISH

does not flow into the molluscan tank.

(2) The safety and quality of the shellfish as they were received are

not compromised by the use of the tank.

(3) The identity of the source of the SHELLSTOCK is retained as

specified in Section 114039.4.

operation prior to the effective date of this part need not comply with

Section 114419.

114041. Shell eggs

(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.

Article 5. Food Storage

114047. Food storage, adequate space

(a) Adequate and suitable space shall be provided for the storage of FOOD.

(b) Except as specified in subdivisions (c), (d), and (e), FOOD shall be

protected from contamination by storing the FOOD in a clean, dry

location, where it is not exposed to splash, dust, VERMIN, or other forms

of contamination or adulteration, and at least six inches above the floor.

inches above the floor on case lot handling EQUIPMENT as specified

under Section 114165.

(d) Pressurized BEVERAGE containers, cased FOOD in waterproof

containers such as bottles or cans, and milk containers in plastic crates

may be stored on a floor that is clean and not exposed to moisture.

(e) Temporary alternate FOOD storage methods and locations may be

approved by the local ENFORCEMENT AGENCY.

114049. Food storage, prohibited areas

FOOD shall not be stored in any of the following ways:

(a) In locker rooms.

(b) In toilet rooms.

(d) In REFUSE rooms.

(e) In mechanical rooms.

(f) Under sewer lines that are not shielded to intercept potential drips.

(g) Under leaking water lines, including leaking automatic fire sprinkler

heads, or under lines on which water has condensed.

(h) Under open stairwells.

(i) Under other sources of contamination.

114051. Food storage containers identified with common name of food

Working containers holding FOOD or FOOD ingredients that are removed

from their original packages for use in the FOOD FACILITY, such as cooking oils,

flour, herbs, potato flakes, salt, spices, and sugar, shall be identified with the

common name of the FOOD, except that containers holding FOOD that can be

readily and unmistakably recognized, such as dry pasta, need not be identified.

114053. Storage or display of food in contact with water or ice

(a) PREPACKAGED FOOD may not be stored in direct contact with ice or

water if the FOOD is subject to the entry of water because of the nature

of its packaging, wrapping, or container, or its positioning in the ice or

water.

(b) Except as specified in subdivisions (c) and (d) nonPREPACKAGED

FOOD may not be stored in direct contact with undrained ice.

immersed in ice or water.

(d) Raw chicken and raw FISH that are received immersed in ice in shipping

containers may remain in that condition while in storage awaiting

preparation, display, service, or sale.

114055. Segregation and location of distressed merchandise

(a) Products that are held by the PERMIT HOLDER for credit, redemption,

or return to the distributor, such as damaged, spoiled, or recalled

products, shall be segregated and held in designated areas that are

separated from FOOD, EQUIPMENT, UTENSILs, LINENS, and SINGLE-

USE ARTICLES.

(b) All returned or damaged FOOD products and FOOD products from which

the label has been removed shall be separated and stored in a separate

area and in a manner that shall prevent adulteration of other FOODs and

shall not contribute to a VERMIN problem.

Article 6. Specialized Processing Methods

114057. Reduced oxygen packaging

(a) POTENTIALLY HAZARDOUS FOODs that are packed by the FOOD

FACILITY in reduced-oxygen packaging or have been partially cooked

and SEALED in any container or configuration that creates anaerobic

conditions shall be plainly date coded. The date coding shall state "Use

By," followed by the appropriate month, day, and year.

(b) For purposes of this section, "partially cooked" means POTENTIALLY

HAZARDOUS FOODs that have not been sufficiently cooked to assure

commercial sterility or fail to have barriers to prevent the growth of or toxin

formation by Clostridium botulinum.

114057.1. Reduced oxygen packaging, criteria

(a) A FOOD FACILITY that packages FOOD using a REDUCED-OXYGEN

PACKAGING method and Clostridium botulinum is identified as a

microbiological HAZARD in the final prepackaged form shall ensure that

there are at least two barriers in place to control the growth and toxin

formation of Clostridium botulinum.

(b) A FOOD FACILITY that packages FOOD using a REDUCED-OXYGEN

PACKAGING method and Clostridium botulinum is identified as a

microbiological HAZARD in the final prepackaged form shall have an

APPROVED HACCP PLAN that does all of the following:

) C

ontains the information specified under Section 114419.1.

)

dentifies the FOOD to be prepackaged.

) Li

mits the FOOD prepackaged to a FOOD that does not support

the growth of Clostridium botulinum because it complies with

one of the following:

(A) Has an a

of 0.91 or less.

(B) H

as a pH of 4.6 or less.

processing plant regulated by the United States

Department of Agriculture and is received in an intact

package.

(D) Is a FOOD with a high level of competing organisms, such

as raw MEAT or raw POULTRY.

)

pecifies methods for maintaining FOOD at 41°Fahrenheit o

bel

ow.

) D

escribes how the packages shall be prominently a

onspicuously labeled on the principal display panel in bold type

on a contrasting background, with instructions to maintain the

FOOD at 41°F or below and discard the FOOD if within 30

calendar days of its packaging it is not served for on-PREMISES

consumption, or consumed if served or sold for off-PREMIS

onsumption.

(6) Limits the refrigerated shelf life to no more than 30 calendar

days from packaging to consumption, except the time product is

maintained FROZEN, or the original manufacturer's "sell by" or

"use by" date, whichever occurs first.

) I

ncludes operational procedures that prohibit contacting FOOD

with bare hands, identify a designated area and the method by

which physical barriers or methods of separation of raw FOODs

and READY-TO-EAT FOODs minimize cross-contamination

and

access to the processing EQUIPMENT is restricted to

responsible trained personnel familiar with the potential

HAZARDs of the operation, and delineate cleaning a

ANITIZATION procedures for FOOD-CONTACT SURFACEs.

(8) Describes the training program that ensures that individuals

responsible for the REDUCED-OXYGEN PACKAGING

operation understand the concepts required for a safe operation,

the EQUIPMENT and facilities, and the procedures specified

under paragraph (7) and Section 114419.1.

OOD FACILITY shall not package FISH using a reduced-oxyg

pac

kaging method.

)

A FOOD FACILITY is not required to have an HACCP plan in the FOOD

FACILITY uses a REDUCED-OXYGEN PACKAGING method to package

hazardous FOOD that always complies with the following standards with

respect to packaging the hazardous FOOD:

(1) The FOOD is labeled with the production time and date.

(2) The FOOD is held at 41 degrees Fahrenheit or lower during

refrigerated storage.

) T

he FOOD is removed from its package in the FOOD FACILITY

within 48 hours after packaging.

) A F

OOD FACILITY that packages POTENTIALLY HAZARDOUS FOODs

using a cook-chill or sous vide process shall meet the requirements of

Section 3-502.12 (D) of the Food Code published by the FDA.

rticle 7. Food Display and Service

11406

0. Food display

(a) E

xcept for nuts in the shell and whole raw fruits and vegetables that are

intended for hulling, peeling, or washing by the CONSUMER before

consumption, FOOD on display shall be protected from contamination by

the use of packaging, counter, service line, or sneeze guards that

intercept a direct line between the CONSUMER's mouth and the FOOD

being displayed, containers with TIGHT-FITTING securely attached lids,

display cases, mechanical dispensers, or other effective means.

)

onPREPACKAGED FOOD may be displayed and sold in bulk in other

than self-service containers if both of the following conditions are

satisfied:

) T

he FOOD is served by a FOOD EMPLOYEE directly to a

CONSUMER.

) T

he FOOD is displayed in clean, sanitary, and covered, or

otherwise protected, containers.67

11406

3. Consumer self-service operations

(a) R

aw, nonPREPACKAGED FOOD of animal origin, such as beef, lamb,

pork, POULTRY, and eviscerated FISH, shall not be offered for

CONSUMER self-service. This subdivision does not apply to the

following:

(1) CONSUMER self-service of READY-TO-EAT FOODs at buffets

or salad bars that serve FOODs such as sushi or raw shellfish.

(2) Ready-to-cook individual portions for immediate cooking and

onsumption on the PREMISES, such as CONSUMER-cooke

EATs or CONSUMER-selected ingredients for Mongolian

barbecue, or raw, FROZEN shrimp, lobster, finfish, or scall

abdu

ctor muscle, or FROZEN breaded seafood.

(b) NonPREPACKAGED FOOD may be displayed in bulk for CONSUMER

self-service if all of the following conditions are satisfied:

) P

RODUCE and FOOD requiring further processing, except raw

FOOD of animal origin, may be displayed on open counters or

in containers.

(2) Except for salad bar and buffet-type FOOD service, a label shall

be c

onspicuously displayed in plain view of the CONSUMER

and securely attached to each self-service container, or in clear

relationship to it, and shall contain the information required in

Section 114089.

(3) NonFOOD items shall be displayed and stored in an area

separate from FOOD.

considered properly wrapped if contained in an open-end bag of sufficient

size to enclose the loaves or rolls.

(d) CONSUMER self-service operations for READY-TO-EAT FOODs such

as buffets and salad bars shall be provided with a suitable FOOD

dispensing UTENSIL for each container displayed or effective dispensing

methods that protect the FOOD from contamination.

(e) CONSUMER self-service operations such as buffets and salad bars shall

be checked periodically on a regular basis by FOOD EMPLOYEEs

trained in safe operating procedures.

114065. Consumer self-service bulk beverage dispensing operations

Notwithstanding Section 114266, this section shall not be construed to

require the enclosure, during operating hours, of CONSUMER self-service

nonPOTENTIALLY HAZARDOUS bulk BEVERAGE dispensing operations that

meet the following requirements:

(a) The dispensing operation is installed contiguous with a PERMANENT

FOOD FACILITY and is operated by the FOOD FACILITY.

(b) The BEVERAGEs are dispensed from enclosed EQUIPMENT that

precludes exposure of the BEVERAGEs until they are dispensed at the

nozzles. The dispensing EQUIPMENT actuating lever or mechanism and

filling device of CONSUMER self-service BEVERAGE dispensing

EQUIPMENT shall be designed to prevent contact with the lip-contact

surface of glasses or cups that are refilled.

and ice product are not scooped or manually loaded into a dispenser out-

of-doors.

(d) Single-use UTENSILs are protected from contamination and are

individually wrapped or dispensed from APPROVED sanitary dispensers.

(e) The dispensing operations have overhead protection that fully extends

over all EQUIPMENT associated with the facility.

(f) During nonoperating hours the dispensing operations are fully enclosed

so as to be protected from contamination by VERMIN and exposure to

the elements.

(g) The PERMIT HOLDER of the PERMANENT FOOD FACILITY

demonstrates to the ENFORCEMENT AGENCY that adequate methods

are in place to properly clean and sanitize the BEVERAGE dispensing

EQUIPMENT.

(h) BEVERAGE dispensing operations are in compliance with Section

113980 and have been APPROVED by the ENFORCEMENT AGENCY.

(i) BEVERAGE dispensing operations are under the constant and complete

control of the PERSON IN CHARGE of the PERMANENT FOOD

FACILITY who is operating the dispensing EQUIPMENT.

114067. Satellite food service

(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.

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 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 PERMIT HOLDER

of the PERMANENT FOOD FACILITY and the PERMIT HOLDER of the

SATELLITE FOOD SERVICE shall be the same.

(k)

(1) A PERMITted FOOD FACILITY within any local jurisdiction that

is subject to RETAIL FOOD operation restrictions related to a

COVID-19 public health response may prepare and serve

FOOD as a temporary SATELLITE FOOD SERVICE without

obtaining a separate SATELLITE FOOD SERVICE PERMIT or

submitting written operating procedures pursuant to subdivision

(c). The written operating procedures shall be maintained onsite

for review, upon request, by the local jurisdiction.

(2) This subdivision shall remain operative until January 1, 2026.

114069. Outdoor food displays

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) Outdoor displays have overhead protection that extends over all FOOD

items.

(b) FOOD items from the outdoor display are stored inside the fully enclosed

FOOD FACILITY at all times other than during business hours.

APPROVED by the ENFORCEMENT AGENCY.

(d) Outdoor displays are under the control of the PERMIT HOLDER of the

fully enclosed FOOD FACILITY and are checked periodically on a regular

basis.

114073. Single-use articles, use limitation

Bulk milk container dispensing tubes shall be cut on the diagonal leaving

no more than one inch protruding from the chilled dispensing head.

114074. Preset tableware

If TABLEWARE is preset, exposed, and unused, extra settings shall

either be removed when a CONSUMER is seated or cleaned and sanitized before

further use.

114075. Using clean tableware for second portions and refills

(a) Except for refilling a CONSUMER's drinking cup or container without

contact between the pouring UTENSIL and the lip-contact area of the

drinking cup or container, FOOD EMPLOYEEs shall not use

TABLEWARE, including SINGLE-USE ARTICLES, soiled by the

CONSUMER, to provide second portions or refills.

(b) Except as specified in subdivision (d), self-service CONSUMERs shall

not be allowed to use soiled TABLEWARE, including SINGLE-USE

ARTICLES, to obtain additional FOOD from the display and serving

EQUIPMENT.

when they return to self-service areas such as salad bars and buffets.

(d) Drinking cups and containers may be reused by self-service

CONSUMERs if refilling of a CONSUMER's drinking cup is done without

contact between the pouring UTENSIL and the lip contact area of the cup

or container.

(e) Personal take-out BEVERAGE containers, such as thermally insulated

bottles, nonspill coffee cups, and promotional BEVERAGE glasses, may

be refilled by EMPLOYEEs or the CONSUMER if refilling is a

contamination-free process as specified in subdivision (a).

114077. Condiments, protection

CONDIMENTs shall be protected from contamination by being kept in

dispensers that are designed to provide protection, protected FOOD displays

provided with the proper UTENSILs, original containers designed for dispensing,

or individual packages or portions.

114079. Returned food and re-service of food

(a) Except as specified in subdivision (b) and (c), after being served or sold

and in the possession of a CONSUMER, FOOD that is unused or

returned by the CONSUMER shall not be offered as FOOD for human

consumption.

(b) A container of FOOD that is not POTENTIALLY HAZARDOUS may be

transferred from one CONSUMER to another if the FOOD is dispensed

so that it is protected from contamination and the container is closed

between uses, such as a narrow-neck bottle containing catsup, steak

sauce, or wine, or if the FOOD, such as crackers, salt, or pepper, is in an

unopened original package and is maintained in sound condition, and if

the FOOD is checked periodically on a regular basis.

(c)

(1) A local educational agency may do both of the following to

minimize waste and to reduce food insecurity:

(A) Provide sharing tables where FOOD service staff,

pupils, and faculty may return appropriate FOOD

items consistent with subparagraph (B) and make

those FOOD items available to pupils during the

course of a regular school meal time.

(B) Allow the FOOD placed on the sharing tables that

is not taken by a pupil during the course of a regular

school meal time in accordance with subparagraph

(A) to be donated to a FOOD BANK or any other

NONPROFIT CHARITABLE ORGANIZATION.

(2) Donations of FOOD or FOOD made available to pupils during

the course of a regular school meal time pursuant to

paragraph (1) may include prepackaged,

nonPOTENTIALLY HAZARDOUS FOOD with the

packaging still intact and in good condition, whole uncut

PRODUCE that complies with Section 113992 before

donation, unopened bags of sliced fruit, unopened

containers of milk that are immediately stored in a cooling

bin maintained at 41 degrees Fahrenheit or below, and

perishable prepackaged FOOD if it is placed in a proper

temperature-controlled environment.

(3) When a local educational agency, pursuant to paragraph (1),

makes FOOD available to pupils during the course of a

regular school meal time or donates FOOD to a FOOD bank

or any other NONPROFIT CHARITABLE ORGANIZATION

for distribution, the preparation, safety, and donation of

FOOD shall be consistent with Section 113980.

(4) For purposes of this subdivision, “local educational agency”

means a county office of education, school district, or charter

school.

114081. Handling of kitchenware and tableware

(a) SINGLE-USE ARTICLES and cleaned and sanitized MULTISERVICE

UTENSILs shall be handled, displayed, and dispensed so that

contamination of FOOD and lip-contact surfaces is prevented.

(b) Knives, forks, and spoons that are not prewrapped shall be presented so

that only the handles are touched by EMPLOYEEs, and by CONSUMERs

if CONSUMER self-service is provided.

are intended for FOOD or lip-contact shall be furnished for CONSUMER

self-service with the original individual wrapper intact or from an

APPROVED dispenser.

(d) SINGLE-USE ARTICLES shall not be reused.

114083. Soiled and clean tableware

Soiled TABLEWARE shall be removed from CONSUMER eating and

drinking areas and handled so that clean TABLEWARE, FOOD, and FOOD-

CONTACT SURFACEs are not contaminated.

Article 8. Consumer Information

114087. Honestly presented

(a) FOOD offered for human consumption shall be honestly presented in a

way that does not mislead or misinform the CONSUMER.

(b) FOOD or color ADDITIVEs, colored overwraps, lights or other misleading

artificial means shall not be used to misrepresent the true appearance,

color, or quality of a FOOD.

114088. Cottage food product

A cottage FOOD product, as defined in Section 113758, that is served by

a FOOD FACILITY without packaging or labeling, as described in Section 114365,

shall be identified to the CONSUMER as homemade on the menu, menu board, or

other location that would reasonably inform a CONSUMER of its homemade

status.

114089. Labeling

(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.

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).

114089.1. Bakery products, labeling

(a) Except as specified in subdivision (c) of Section 114089, every bakery

product shall have a protective wrapping that 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)).

(b) Bakery products sold directly to a restaurant, catering service, RETAIL

bakery, or sold over the counter directly to the CONSUMER by the

manufacturer or bakery distributor shall be exempt from the labeling

provisions of this section.

considered properly wrapped if contained in an open-end bag that

encloses the loaves or rolls.

114090. Other forms of information

(a) If required by LAW, CONSUMER warnings shall be provided.

(b) FOOD FACILITY's or manufacturer's dating information on FOODs may

not be concealed or altered.

114091. Highly susceptible population–pasteurized foods, prohibited

reservice and prohibited food

In a licensed health care facility and a public or private school cafeteria,

the following shall apply:

(a) Only pasteurized JUICE may be served.

(b) Only pasteurized fluid and dry milk and milk products complying with

GRADE A STANDARDS as specified in LAW shall be served.

EGG products shall be substituted for raw shell EGGs in the preparation

of FOODs such as Caesar salad, hollandaise or béarnaise sauce,

mayonnaise, EGGnog, ice cream, and EGG-fortified BEVERAGEs, and,

except as specified in subdivision (e), recipes in which more than one

EGG is broken and the EGGs are combined.

(d)

(1) FOOD shall not be reserved where the FOOD was already

served to patients or clients who are under contact precautions

in medical isolation or quarantine or protective environment

isolation.

(2) FOOD shall not be reserved to a patient or client in protective

environment isolation.

(e) The following FOODs may not be served or offered for sale in a READY-

TO-EAT form:

(1) Raw FOODs of animal origin such as raw FISH, raw-marinated

FISH, raw MOLLUSCAN SHELLFISH, and steak tartare.

(2) A partially cooked FOOD of animal origin, such as lightly cooked

FISH, rare MEAT, soft-cooked EGGs, that is made from raw

shell EGGs, and meringue.

(3) Raw seed sprouts.

(f) Subdivision (c) does not apply in any of the following instances:

(1) The raw EGGs are combined immediately before cooking for

one CONSUMER's serving at a single meal, cooked as specified

under Section 114004, and served immediately, such as an

omelet, souffle, or scrambled EGGs.

(2) The raw EGGs are combined as an ingredient immediately

before baking and the EGGs are thoroughly cooked to a

READY-TO-EAT form, such as a cake, muffin, or bread.

(3) The preparation of the FOOD is conducted under a HACCP

PLAN that:

(A) Identifies the FOOD to be prepared.

(B) Prohibits contacting READY-TO-EAT FOOD with bare

hands.

salmonella enteritidis growth is controlled before and after

cooking and is destroyed by cooking the EGGs to an

internal temperature of 145°F.

(D) Contains the information specified under a HACCP PLAN,

including procedures that control cross-contamination of

READY-TO-EAT FOOD with raw EGGs, and delineate

cleaning and SANITIZATION procedures for FOOD-

CONTACT SURFACEs.

(E) Describes the training program that ensures that the FOOD

EMPLOYEE responsible for the preparation of the FOOD

understands the procedures to be used.

114093. Consumer advisory, less than thoroughly cooked

(a) Except as specified in subdivision (c) and paragraph (2) of subdivision (d)

of Section 114004 and pursuant to subdivision (e) of Section 114091, if

an animal FOOD, including beef, EGGs, FISH, lamb, milk, pork,

POULTRY, or shellfish, is served or sold raw, undercooked, or without

otherwise being processed to eliminate pathogens, either in READY-TO-

EAT form or as an ingredient in another READY-TO-EAT FOOD, the

PERMITHOLDER shall inform consumers of the significantly increased

risk of consuming those FOODs by way of a disclosure pursuant to

subdivision (b) and reminder pursuant to subdivision (c), using brochures,

deli case or menu advisories, label statements, table tents, placards, or

other effective written means.

(b) “Disclosure” means a written statement that clearly includes either of the

following:

(1) A description of the animal-derived FOODs, such as “oysters on

the half shell (raw oysters),” “raw-EGG Caesar salad,” and

“hamburgers (can be cooked to order).”

(2) Identification of the animal-derived FOODs marked by an

asterisk denoting a footnote that states that the items are served

raw or undercooked, or contain or may contain raw or

undercooked ingredients.

FOODs by an asterisk that denotes a footnote that includes either of the

following disclosure statements:

(1) Written information regarding the safety of these FOOD items is

available upon request.

(2) Consuming raw or undercooked meats, POULTRY, seafood,

shellfish, or EGGs may increase your risk of foodborne illness,

especially if you have certain medical conditions.

114093.1. Confectionary containing alcohol, notice to consumer

(a) Any FOOD FACILITY that serves or sells over the counter directly to the

CONSUMER an unlabeled or nonPREPACKAGED FOOD that is a

confectionery that contains alcohol in excess of one-half of 1 percent by

weight shall provide written notice to the CONSUMER of that fact.

(b) The notice shall be prominently displayed or be provided in some other

manner, as determined by the DEPARTMENT.

by this section in order to effectuate the purposes of this section.

114094. Menu labeling and nutritional information

(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) Notwithstanding the Sherman Food, Drug, and Cosmetic Law (Part 5

(commencing with Section 109875) of Division 104), and to the extent

permitted by federal law:

(1) Enforcement of this section shall be made pursuant to Section

113713.

(2)

(A) A violation of this section is, notwithstanding Section

114395, an infraction, punishable by a fine of not less than

fifty dollars ($50) nor more than five hundred dollars ($500).

A second violation within a five-year period from a prior

violation shall be punishable by a fine of not less than one

hundred dollars ($100) nor more than one thousand dollars

($1,000). For a third or subsequent violation within a five-

year period, the fine shall be not less than two hundred fifty

dollars ($250) nor more than two thousand five hundred

dollars ($2,500). A FOOD FACILITY shall not be found to

have committed a violation under this paragraph more than

once during an inspection visit.

(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.

not be construed to create or enhance any claim, right of action, or civil

liability that did not exist under state law prior to January 1, 2009, or limit

any claim, right of action, or civil liability that otherwise existed under state

law prior to January 1, 2009. The only enforcement mechanism of this

section is the department or local enforcement agency, as set forth in

Section 113713.

(d) This section shall become operative only on and after the compliance

date specified in the federal regulation implementing Section 343(q)(5)(H)

of Title 21 of the United States Code.

114094.5. Infant formula and baby food “use by” dates

(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.

(b) Notwithstanding Section 114395, any RETAIL FOOD FACILITY that

violates this section is guilty of an infraction, punishable by a fine of not

more than ten dollars ($10) per day for each item sold or offered for sale

after the "use by" date. The fine shall be calculated based upon the

number of days past the "use by" date that the product is either found

being offered for sale, or if the product is sold, the date of sale as

established by evidence of the proof of purchase, including, but not

limited to, a sales receipt.

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) For purposes of this section, the following definitions shall apply:

(1) "Baby food" shall have the meaning given to "baby foods" in

paragraph (c) of Section 407.81 of Title 40 of the Code of

Federal Regulations.

(2) "Infant formula" shall have the meaning given in subdivision (z)

of Section 321 of Title 21 of the United States Code.

Chapter 5. Cleaning and Sanitizing of Equipment

114095. Warewashing facilities

All FOOD FACILITIES in which FOOD is prepared or in which

MULTISERVICE UTENSILs and EQUIPMENT are used shall provide manual

methods to effectively clean and sanitize UTENSILs as specified in Section

114099.

114097. Manual or mechanical warewashing

EQUIPMENT FOOD-CONTACT SURFACEs and MULTISERVICE

UTENSILs shall be effectively washed to remove or completely loosen soils by the

use of manual or mechanical methods necessary, such as the application of

detergents containing wetting agents and emulsifiers, acid, alkaline, or abrasive

cleaners, hot water, brushes, scouring pads, high pressure sprays, or ultrasonic

devices.

114099. Manual warewashing, sink compartment requirements

(a) Manual WAREWASHING sinks, except as specified in subdivision (c),

shall have at least three compartments with two integral metal

drainboards for manually washing, rinsing, and sanitizing EQUIPMENT

and UTENSILs.

(b) Sink compartments shall be large enough to accommodate immersion of

the largest EQUIPMENT and UTENSILs. If EQUIPMENT or UTENSILs

are not designed to be washed in a WAREWASHING sink, alternate

APPROVED methods as specified in Section 114099.3 shall be followed.

replaced when used as specified in Section 114099.3. The

ENFORCEMENT OFFICER shall approve the continued use of a two-

compartment sink even upon replacement if the installation of a three-

compartment sink would not be readily achievable and where other

APPROVED sanitation methods are used.

114099.1. Precleaning

(a) During manual or mechanical WAREWASHING, FOOD debris on

EQUIPMENT and UTENSILs shall be scrapped over a waste disposal

unit, scupper, or garbage receptacle.

(b) If necessary for effective cleaning, UTENSILs and EQUIPMENT shall be

preflushed, presoaked, or scrubbed with abrasives.

114099.2. Manual warewashing procedures

(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.

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.

114099.3. Washing, procedures for alternative manual warewashing

equipment

Alternative manual WAREWASHING EQUIPMENT may be used when

there are special cleaning needs or constraints, such as when EQUIPMENT is

fixed or the UTENSILs are large, and the ENFORCEMENT AGENCY has

APPROVED the use of the alternative EQUIPMENT. Alternative manual

WAREWASHING EQUIPMENT may include any of the following:

(a) High-pressure detergent sprayers.

(b) Low-or-line pressure spray detergent foamers.

(d) Brushes or other implements.

(e)

(1) A two-compartment sink, if the PERMIT HOLDER limits the

number of UTENSILs cleaned and sanitized in the two-

compartment sink, limits WAREWASHING to batch operations

for cleaning and sanitizing UTENSILs, such as between cutting

one type of raw MEAT and another or cleanup at the end of a

shift, and does either of the following:

(A) Makes up the cleaning and sanitizing solutions immediately

before use and drains them immediately after use, as well

as uses a detergent sanitizer to clean and sanitize in

accordance with the manufacturer's label instructions

where there is no distinct water rinse between the washing

and sanitizing steps. The agent applied in the sanitizing

step shall be the same detergent sanitizer that is used in

the washing step.

(B) Use a hot water SANITIZATION immersion step that

incorporates a nondistinct water rinse.

(2) A two-compartment sink shall not be used for WAREWASHING

operations where cleaning and sanitizing solutions are used for

a continuous or intermittent flow of UTENSILs in an ongoing

WAREWASHING process.

114099.4. Manual warewashing, heat sanitization

If hot water is used for SANITIZATION in manual WAREWASHING

operations, the sanitizing compartment of the sink shall be designed with an

integral heating device that is capable of maintaining water at a temperature not

less than 171°F and provided with a rack or basket to allow complete immersion

of EQUIPMENT and UTENSILs into the hot water.

114099.5. Temperature measuring devices, manual warewashing

In manual WAREWASHING operations, a TEMPERATURE

MEASURING DEVICE shall be provided and readily accessible for frequently

measuring the washing and sanitizing temperatures.

114099.6. Manual sanitization

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 degrees Fahrenheit 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 a solution of ozone that meets the requirements of

Section 180.940 of Title 40 of the Code of Federal Regulations

and that is generated by a device located onsite at the FOOD

FACILITY that meets all of the following requirements:

(A) Complies with the Federal Insecticide, Fungicide, and

Rodenticide Act (7 U.S.C. Sec. 136 et seq.).

(B) Complies with federal device requirements as specified in

Section 152.500 of Title 40 of the Code of Federal

Regulations, and federal labeling requirements as specified

in Section 156.10 of Title 40 of the Code of Federal

Regulations.

device manufacturing facility registration number on the

device.

(D) Is operated and maintained in accordance with the

manufacturer’s instructions, and manufactured using good

manufacturing practices as specified in Part 110 of Title 21

of the Code of Federal Regulations.

(5) 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.

114099.7. Mechanical sanitization

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.

be rinsed before air drying or use unless:

(1) The rinse is applied directly from a POTABLE WATER supply by

a WAREWASHING machine that meets the requirements of

subdivision (b) of Section 114130 and is maintained and

operated in accordance with the manufacturer’s specifications.

(2) The rinse is applied only after the EQUIPMENT and UTENSILs

have been sanitized by the application of hot water or by the

application of a chemical sanitizer solution whose United States

Environmental Protection Agency-registered, label use

instructions require rinsing off the sanitizer after it is applied in

an approved commercial WAREWASHING machine.

114101. Mechanical machine warewashing procedures

(a) Mechanical machine WAREWASHING shall be accomplished by using

an APPROVED machine installed and operated in accordance with the

manufacturer's specifications.

(b) Soiled items to be cleaned in a WAREWASHING machine shall be loaded

in racks, trays, or baskets or onto conveyors in a position that exposes

the items to the unobstructed spray during all cycles and allows the items

to drain.

concentration of detergent used therein, and the time the UTENSILs are

exposed to the water shall be sufficient to clean the UTENSILs.

(d) RESTRICTED FOOD SERVICE FACILITIES need not comply with

Section 114130 if the domestic or commercial dishwasher utilized for

WAREWASHING is capable of providing heat to the surface of the

UTENSILs of a temperature of at least 160°F.

114101.1. Warewashing machine, data plate operating specifications

A WAREWASHING machine shall be provided with an easily accessible

and readable data plate affixed to the machine by the manufacturer that indicates

the machine's design and operating specifications including the temperatures

required for washing, rinsing, and sanitizing, the pressure required for the fresh

water sanitizing rinse, unless the machine is designed to use only a pumped

sanitizing rinse, and the conveyor speed for conveyor machines or cycle time for

stationary rack machines.

114101.2. Warewashing machines, temperature measuring devices

A WAREWASHING machine shall be equipped with a TEMPERATURE

MEASURING DEVICE that indicates the temperature of the water as the water

enters the hot water sanitizing final rinse manifold or in the chemical sanitizing

solution tank.

114103. Drainboards

(a) Except as provided in subdivisions (b) and (c), all WAREWASHING

EQUIPMENT shall be provided with two integral metal drainboards of

adequate size and construction. One drainboard shall be attached at the

point of entry for soiled EQUIPMENT and UTENSILs and one shall be

attached at the point of exit for cleaned and sanitized EQUIPMENT and

UTENSILs.

(b) Where a mechanical WAREWASHING machine is used, there shall be

two metal drainboards, one for soiled EQUIPMENT and UTENSILs, and

one for clean EQUIPMENT and UTENSILs, located adjacent to the

machine. The requirement for a drainboard for soiled equipment and

utensils or the requirement for a drainboard for clean equipment and

UTENSILs, or both requirements, may be satisfied by using the

drainboards that are part of the manual WAREWASHING sinks if the sink

is located adjacent to the machine.

subdivision (a), or shall be equipped with APPROVED alternative

EQUIPMENT that provides adequate and suitable space for soiled and

clean EQUIPMENT and UTENSILs.

(d) Drainboards, UTENSIL racks, or tables large enough to accommodate all

soiled and cleaned items that may accumulate during hours of operation

shall be provided for necessary UTENSIL holding before cleaning and

after sanitizing.

(e) Sinks and drainboards of WAREWASHING EQUIPMENT shall be sloped

and drained to an APPROVED liquid waste receptor.

114105. Equipment and utensils, air-drying required

After cleaning and sanitizing, EQUIPMENT and UTENSILs shall be air

dried or used after adequate draining before contact with FOOD and shall not be

cloth dried, except that UTENSILs that have been air dried may be polished with

cloths that are maintained clean and dry.

114107. Sanitizing solutions, testing devices

(a) Testing EQUIPMENT and materials shall be provided to adequately

measure the applicable SANITIZATION method used during manual or

mechanical WAREWASHING.

(b) The concentration of the sanitizing solution shall be accurately

determined to ensure proper dosage.

114109. Drying agents, criteria

(a) Drying agents used in conjunction with SANITIZATION shall contain only

components that are listed as one of the following:

(1) Generally Recognized as Safe for use in FOOD as specified in

21 C.F.R. 182 - Substances Generally Recognized as Safe, or

21 C.F.R. 184 - Direct Food Substances Affirmed as Generally

Recognized as Safe.

(2) Generally Recognized as Safe for the intended use as specified

in 21 C.F.R. 186 - Indirect Food Substances Affirmed as

Generally Recognized as Safe.

(3) APPROVED for use as a drying agent under a prior sanction

specified in 21 C.F.R. 181 - Prior-Sanctioned FOOD Ingredients.

(4) Specifically regulated as an indirect FOOD ADDITIVE for use as

a drying agent as specified in 21 C.F.R. 175 -178, inclusive.

(5) APPROVED for use as a drying agent under the threshold of

regulation process established by 21 C.F.R. 170.39.

(b) When SANITIZATION is with chemicals, the approval required under

paragraph (3) or (5) of subdivision (a) or the regulation as an indirect

FOOD ADDITIVE required under paragraph (4) of subdivision (a), shall

be specifically for use with chemical sanitizing solutions.

114111. Dry cleaning methods

(a) If used, dry cleaning methods such as brushing, scraping, and vacuuming

shall contact only surfaces that are soiled with dry nonPOTENTIALLY

HAZARDOUS FOOD residues.

(b) Cleaning EQUIPMENT used in dry cleaning FOOD-CONTACT

SURFACEs shall not be used for any other purpose.

114113. Food contact with equipment and utensils

FOOD shall only contact surfaces of EQUIPMENT and UTENSILs that

are cleaned and sanitized.

114115. Equipment, food-contact surfaces, nonfood-contact surfaces

and utensils

EQUIPMENT FOOD-CONTACT SURFACEs and UTENSILs shall be

clean to sight and touch.

(a) The FOOD-CONTACT SURFACEs of cooking EQUIPMENT and pans

shall be kept free of encrusted grease deposits and other soil

accumulations.

(b) NonFOOD-CONTACT SURFACEs of EQUIPMENT shall be kept free of

an accumulation of dust, dirt, FOOD residue, and other debris.

SURFACEs are not contaminated.

114117. Cleaning frequency of equipment food-contact surfaces and

utensils

(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.

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

5.0°C (41°F) or less

24 hours

>5.0°C – 7.2°C

(>41°F - 45°F)

20 hours

>7.2°C – 10.0°C

(>45°F - 50°F)

16 hours

>10.0°C – 12.8°C

(>50°F - 55°F)

10 hours

(3) Containers in serving situations such as salad bars, delis, and

cafeteria lines 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.

114118. Fabric implements

FABRIC IMPLEMENTs shall be laundered and sanitized before or after

use in direct contact with FOOD.

114119. In-use utensils, between-use storage

During pauses in FOOD PREPARATION or dispensing, FOOD

PREPARATION and dispensing UTENSILs shall be stored in the following

manner:

(a) Except as specified under subdivision (b), in the FOOD with their handles

above the top of the FOOD and the container.

(b) In FOOD that is not POTENTIALLY HAZARDOUS, with their handles

above the top of the FOOD within containers or EQUIPMENT that can be

closed, such as bins of sugar, flour, or cinnamon.

EQUIPMENT only if the in-use UTENSIL and the FOOD-CONTACT

SURFACE of the FOOD PREPARATION table or cooking EQUIPMENT

are cleaned and sanitized at a frequency specified under Section 114117.

(d) In running water of sufficient velocity to flush particulates to the drain, if

used with moist FOOD such as ice cream or mashed potatoes.

(e) In a clean, protected location if the UTENSILs, such as ice scoops, are

used only with a FOOD that is not POTENTIALLY HAZARDOUS.

(f) In a container of water if the water is maintained at a temperature of at

least 135°F and the container is cleaned at least every 24 hours or at a

frequency necessary to preclude the accumulation of soil residues.

114121. Returnables, cleaning for refilling

(a) Except as specified in subdivisions (b), (c) and (d), returned empty

containers intended for filling with FOOD or BEVERAGE shall be cleaned

and filled in an APPROVED facility.

(b)

(1) Clean CONSUMER-owned containers provided or returned to the

FOOD FACILITY for filling may be filled and returned to the same

CONSUMER if the container is filled by either an EMPLOYEE of the

FOOD FACILITY or the owner of the container. For the purposes of

this section, a CONSUMER-owned container shall be designed and

constructed for reuse in accordance with Section 3-304.17(B)(1) of

the 2017 Food Code published by the federal Food and Drug

Administration.

(2) The FOOD FACILITY shall either isolate the CONSUMER-owned

containers from the serving surface or sanitize the serving surface

after each filling.

procedures to prevent cross-contamination, as described in Section

113986, and the written procedures shall address waste water disposal.

The FOOD FACILITY shall make the written procedures available to the

ENFORCEMENT AGENCY upon request or at the time of an inspection.

(d) CONSUMER-owned containers that are not FOOD specific may be filled

at a water

VENDING MACHINE or system.

(e) The FOOD FACILITY shall ensure compliance with the handwashing

requirements specified in Article 4 (commencing with Section 113952) of

Chapter 3.

114123. Cleaning maintenance tools, preventing contamination

Except as specified in Section 114125, FOOD PREPARATION sinks,

handwashing lavatories, and WAREWASHING EQUIPMENT shall not be used for

the cleaning of maintenance tools, the preparation or holding of maintenance

materials, or the disposal of mop water and similar liquid wastes.

114125. Warewashing sinks, use limitation

(a) A WAREWASHING sink shall not be used for handwashing except in

FOOD FACILITIES that were not constructed or extensively

REMODELed since January 1, 1996, and where there are no facilities

exclusively for handwashing in FOOD PREPARATION areas.

(b) If a WAREWASHING sink is used to wash wiping cloths, wash

PRODUCE, or thaw FOOD, the sink shall be cleaned and sanitized

before and after each time it is used to wash wiping cloths or wash

PRODUCE or thaw FOOD.

Chapter 6. Equipment, Utensils and Linens

Article 1. Design and Construction

114130. Equipment and utensils

(a) EQUIPMENT and UTENSILs shall be designed and constructed to be

durable and to retain their characteristic qualities under normal use

conditions.

(b) Except as specified in subdivision (c), all new and replacement FOOD-

related and UTENSIL-related EQUIPMENT shall be certified or classified

for sanitation by an American National Standards Institute (ANSI)

accredited certification program. In the absence of an applicable ANSI

certified sanitation standard, FOOD-related and UTENSIL-related

EQUIPMENT shall be evaluated for approval by the ENFORCEMENT

AGENCY.

subdivision (b), depending on the extent of the FOOD service activities,

and if the ENFORCEMENT OFFICER determines that the EQUIPMENT

meets the characteristics of subdivision (a).

(d) All new and replacement electrical appliances shall meet applicable

Underwriters Laboratories standards for electrical EQUIPMENT as

determined by an ANSI accredited certification program.

114130.1. Characteristics

Materials that are used in the construction of UTENSILs and FOOD-

CONTACT SURFACEs of EQUIPMENT 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, corrosion-resistant, and nonabsorbent, sufficient

in weight and thickness to withstand repeated WAREWASHING, finished to have

a SMOOTH, EASILY CLEANABLE surface, and resistant to pitting, chipping,

crazing, scratching, scoring, distortion, and decomposition.

114130.2. Single-use characteristics

Materials that are used to make SINGLE-USE ARTICLES shall not allow

the migration of deleterious substances or impart colors, odors, or tastes to FOOD,

and shall be safe and clean.

114130.3. Food-contact surfaces

(a) Multiuse FOOD-CONTACT SURFACEs shall be all of the following:

(1) SMOOTH.

(2) Free of breaks, open seams, cracks, chips, inclusions, pits, and

similar imperfections.

(3) Free of sharp internal angles, corners, and crevices.

(4) Finished to have SMOOTH welds and joints.

(5) Except as specified in subdivision (b), accessible for cleaning

and inspection by one of the following methods:

(A) Without being disassembled.

(B) By disassembling without the use of tools.

commonly available to maintenance and cleaning

personnel such as screwdrivers, pliers, open-end

wrenches, and Allen wrenches.

(b) Paragraph (5) of subdivision (a) shall not apply to cooking oil storage

tanks, distribution lines for cooking oils, or BEVERAGE syrup lines or

tubes.

114130.4. Nonfood-contact surfaces

NonFOOD-CONTACT SURFACEs of EQUIPMENT that are exposed to

splash, spillage, or other FOOD soiling or that require frequent cleaning shall be

constructed of a corrosion-resistant, nonabsorbent, and SMOOTH material that

allows easy cleaning and to facilitate maintenance and free of unnecessary ledges,

projections, and crevices to allow for easy cleaning and to facilitate maintenance.

114130.5. CIP equipment

(a) Except for CIP EQUIPMENT in operation before the effective date of this

part, CIP EQUIPMENT shall meet the characteristics of a FOOD

CONTACT SURFACE and shall be designed and constructed so that

cleaning and sanitizing solutions circulate throughout a fixed system and

contact all interior FOOD-CONTACT SURFACEs and the system is self-

draining or capable of being completely drained of cleaning and sanitizing

solutions.

(b) CIP EQUIPMENT that is not designed to be disassembled for cleaning

shall be designed with inspection access points to ensure that all interior

FOOD-CONTACT SURFACEs throughout the fixed system are being

effectively cleaned.

114130.6. Materials used in fabric implements

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.

114132. Wood, use limitation

(a) Except as specified in this section, wood and wood wicker shall not be

used as a FOOD-CONTACT SURFACE.

(b) Hard maple or an equivalently hard, close-grained wood may be used for

cutting boards, cutting blocks, bakers' tables, UTENSILs such as rolling

pins, doughnut dowels, salad bowls, and chopsticks, wooden paddles

used in confectionery operations for pressure scraping kettles when

manually preparing confections at a temperature of 230°F or above, and

cedar planks used for grilling or baking seafood.

in wood shipping containers until the fruits, vegetables, or nuts are used.

(d) When wood or wood shipping containers become cracked, splintered, or

otherwise damaged, they shall be refurbished or replaced.

114133. Copper, use limitation

(a) Except as specified in subdivision (b), copper and copper alloys such as

brass may not be used in contact with a FOOD that has a pH below six,

such as vinegar, fruit JUICE, or wine, or for a fitting or tubing installed

between a backflow prevention device and a carbonator.

(b) Copper and copper alloys may be used in contact with beer brewing

ingredients that have a pH below six in the prefermentation and

fermentation steps of a beer brewing operation, such as a brewpub or

microbrewery.

114135. Sponges, use limitation

Sponges shall not be used in contact with cleaned and sanitized or in-use

FOOD-CONTACT SURFACEs.

114137. “V” threads, use limitation

Except for hot oil cooking or filtering EQUIPMENT, "V" type threads shall

not be used on FOOD-CONTACT SURFACEs.

114139. Can openers

Cutting or piercing parts of can openers shall be readily removable for

cleaning and for replacement.

114141. Lubrication of food-contact surfaces

Lubricants shall be applied to FOOD-CONTACT SURFACEs that require

lubrication in a manner that does not contaminate FOOD or FOOD-CONTACT

SURFACEs. EQUIPMENT shall be reassembled after lubrication so that FOOD

contact surfaces are not contaminated. Only APPROVED FOOD grade lubricants

shall be used for this purpose.

114143. Open-air barbecue/outdoor wood-burning oven

Notwithstanding any of the provisions of this part, neither the

DEPARTMENT nor any city, county, city and county air pollution control district, or

air quality management district shall require the enclosure of an OPEN-AIR

BARBECUE or OUTDOOR WOOD-BURNING OVEN if the ENFORCEMENT

OFFICER determines that the barbecue or wood-burning oven meets all of the

following requirements:

(a) The OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING OVEN is

operated on the same PREMISES as, in reasonable proximity to, and in

conjunction with, a PERMANENT FOOD FACILITY that is APPROVED

for FOOD PREPARATION, a TEMPORARY FOOD FACILITY or a

MOBILE FOOD FACILITY that is operating at a COMMUNITY EVENT or

a CATERING OPERATION. The PERMIT HOLDER of the PERMANENT

FOOD FACILITY, TEMPORARY FOOD FACILITY, MOBILE FOOD

FACILITY, or CATERING OPERATION shall be deemed to be the

PERMIT HOLDER of the OPEN-AIR BARBECUE or OUTDOOR WOOD-

BURNING OVEN, and shall be responsible for ensuring that it is operated

in full compliance with this part.

(b) The OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING OVEN is

not operated in, or out of, any motor vehicle, or in any area or location

that may constitute a fire HAZARD, as determined by the

ENFORCEMENT OFFICER.

separated from public access to prevent FOOD contamination or injury to

the public by using ropes or other APPROVED methods.

(d) If the OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING OVEN is

a permanent structure, it shall be equipped with an impervious and

EASILY CLEANABLE floor surface that extends a minimum of five feet

from the OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING

OVEN facility on all open sides.

(e) Sanitary facilities, including, but not limited to, toilet facilities and

handwashing facilities shall be available for use within 200 feet in travel

distance of the OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING

OVEN and shall comply with all provisions of this part.

114145. Vending machines

VENDING MACHINES shall meet all applicable requirements of this part

and shall comply with the following:

(a) Each VENDING MACHINES or machine location shall have posted in a

prominent place a sign indicating the owner's name, address, and

telephone number.

(b) Wet storage of prepackaged products is prohibited.

CONSUMER in the original package into which it was placed at the

COMMISSARY or FOOD processing plant. Bulk POTENTIALLY

HAZARDOUS FOOD is prohibited.

(d) SINGLE-USE ARTICLES that are used in machines dispensing products

in bulk shall be obtained in sanitary packages. The SINGLE-USE

ARTICLES shall be stored in the original package until introduced into the

container magazine or dispenser of the VENDING MACHINES.

(e) A record of cleaning and sanitizing shall be maintained by the operator in

each machine and shall be current for at least the past 30 days.

(f) All VENDING MACHINES shall be constructed in accordance with

applicable NSF International or National Automatic Merchandizing

Association standards, or the equivalent thereof.

(g) If located outside, a VENDING MACHINE shall be provided with

overhead protection.

(h) The dispensing compartment of a VENDING MACHINES shall be

equipped with a self-closing door or cover if the machine is located in an

outside area that does not otherwise afford the protection of an enclosure

against the rain, windblown debris, insects, rodents, and other

contaminants that are present in the environment, or if the machine is

available for self-service during hours when it is not under the full-time

supervision of an EMPLOYEE.

Article 2. Ventilation

114149. Ventilation systems

(a) All areas of a FOOD FACILITY shall have sufficient ventilation to facilitate

proper FOOD storage and to provide a reasonable condition of comfort

for each EMPLOYEE, consistent with the job performed by the

EMPLOYEE.

(b) Toilet rooms shall be vented to the outside air by means of an openable,

screened window, an air shaft, or a light-switch-activated exhaust fan,

consistent with the requirements of local building codes.

114149.1. Mechanical exhaust ventilation

(a) Mechanical exhaust ventilation EQUIPMENT shall be provided over all

cooking EQUIPMENT as required to effectively remove cooking odors,

smoke, steam, grease, heat, and vapors. All mechanical exhaust

ventilation EQUIPMENT shall be installed and maintained in accordance

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with the California Mechanical Code, except that for units subject to Part

2 (commencing with Section 18000) of Division 13, an alternative code

adopted pursuant to Section 18028 shall govern the construction

standards.

(b) RESTRICTED FOOD SERVICE FACILITIES shall be exempt from

subdivision (a), but shall still provide ventilation to remove gases, odors,

steam, heat, grease, vapors and smoke from the FOOD FACILITY. In the

event that the ENFORCEMENT OFFICER determines that the ventilation

must be mechanical in nature, the ventilation shall be accomplished by

methods APPROVED by the ENFORCEMENT AGENCY.

EQUIPMENT has been submitted to the local ENFORCEMENT

AGENCY for evaluation, and the local ENFORCEMENT AGENCY has

found that the EQUIPMENT does not produce toxic gases, smoke,

grease, vapors, or heat when operated under conditions recommended

by the manufacturer. The local ENFORCEMENT AGENCY may

recognize a testing organization to perform any necessary evaluations.

(d) Makeup air shall be provided at the rate of that exhausted.

114149.2. Ventilation hood system

(a) Every hood shall be installed to provide for thorough cleaning of all interior

and exterior surfaces, including, but not limited to, the hood, filters, piping,

lights, troughs, hangers, flanges, and exhaust ducts.

(b) Exhaust ventilation hood systems in FOOD PREPARATION and

WAREWASHING areas, including components such as hoods, fans,

guards, and ducting, shall be designed to prevent grease or condensation

from draining or dripping onto FOOD, EQUIPMENT, UTENSILs, LINENS,

and SINGLE-USE ARTICLES.

readily removable for cleaning and replacement if not designed to be

cleaned in place.

(d) Every joint and seam shall be substantially tight. No solder shall be used,

except for sealing a joint or seam.

(e) When grease gutters are provided they shall drain to a collecting

receptacle fabricated, designed, and installed to be readily accessible for

cleaning.

(f) Exhaust hood ducting shall meet the following requirements:

(1) All seams in the duct shall be completely tight to prevent the

accumulation of grease.

(2) The ducts shall have sufficient clean-outs to make the ducts

readily accessible for cleaning.

(3) All ducts in the exhaust system shall be properly sloped.

(4) Intake and exhaust air ducts shall be cleaned and filters

changed so they are not a source of contamination by dust, dirt,

and other materials.

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114149.3. Heating, ventilating, air conditioning system vents

Heating, ventilating, and air conditioning systems shall be designed and

installed so that make-up air intake and exhaust vents do not cause contamination

of FOOD, FOOD-CONTACT SURFACEs, EQUIPMENT, or UTENSILs and do not

create air currents that cause difficulty in maintaining the required temperatures of

POTENTIALLY HAZARDOUS FOODs.

Article 3. Location and Installation

114153. Cooling, heating, and holding capacities

EQUIPMENT for cooling and heating FOOD and for holding cold and hot

FOOD shall be sufficient in number and capacity to ensure proper FOOD

temperature control during transportation and operation as specified in Section

113996.

114157. Temperature measuring devices

(a) A thermometer shall be provided for each REFRIGERATION UNIT.

(b) The thermometer shall be located to indicate the air temperature in the

warmest part of the unit and, except for VENDING MACHINES, shall be

affixed to be readily visible.

used for POTENTIALLY HAZARDOUS FOOD shall be designed to

include and shall be equipped with at least one integral or permanently

affixed TEMPERATURE MEASURING DEVICE that is located to allow

easy viewing of the device's temperature display. Alternative hot or cold

holding EQUIPMENT can be equipped with APPROVED product

mimicking sensors placed in devices located in the warmest part of the

mechanically refrigerated unit in lieu of an ambient air sensor.

(d) Subdivision (c) shall not apply to EQUIPMENT for which the placement

of a TEMPERATURE MEASURING DEVICE is not a practical means for

measuring the ambient air surrounding the FOOD because of the design,

type, and use of the EQUIPMENT, such as calrod units, heat lamps, cold

plates, bainmaries, steam tables, insulated FOOD transport containers,

and salad bars.

(e) TEMPERATURE MEASURING DEVICEs shall be easily readable and

have a numerical scale, printed record, or digital readout in increments

no greater than 2°F or over the intended range of use.

114159. Food temperature measuring devices

(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

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masses shall be provided and readily accessible to accurately measure

the temperature in thin FOODs such as MEAT patties and FISH fillets.

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.

114161. Equipment, clothes washers and dryers, and storage cabinets,

contamination prevention

(a) Except as specified in subdivision (b), EQUIPMENT, a cabinet used for

the storage of FOOD, or a cabinet that is used to store cleaned and

sanitized EQUIPMENT, UTENSILs, laundered LINENS, and SINGLE-

USE ARTICLES shall not be in any of the following locations:

(1) In locker rooms.

(2) In toilet rooms.

(3) In REFUSE rooms.

(4) In mechanical rooms.

(5) Under sewer lines that are not shielded to intercept potential

drips.

(6) Under leaking water lines, including leaking automatic fire

sprinkler heads, or under lines on which water has condensed.

(7) Under open stairwells.

(8) Under other sources of contamination.

(b) If a mechanical clothes washer or dryer is provided, it shall be located so

that the washer or dryer is protected from contamination and located only

where there is no exposed FOOD, clean EQUIPMENT, UTENSILs, and

LINENS, and unwrapped SINGLE-USE ARTICLES.

114163. Food preparation sinks

(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.

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(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.

114165. Case lot handling equipment, moveability

Dollies, pallets, racks, and skids used to store and transport large

quantities of PREPACKAGED FOODs received from a supplier in a cased or

overwrapped lot shall be designed to be moved by hand or by conveniently

available hand trucks or forklifts.

114167. Beverage tubing, separation

BEVERAGE tubing and cold-plate BEVERAGE cooling devices shall not

be installed in contact with stored ice intended to be used for FOOD or

BEVERAGEs. This section shall not apply to cold plates that are constructed

integrally with an ice storage bin.

114169. Fixed equipment, spacing or sealing

(a) EQUIPMENT that is fixed because it is not EASILY MOVABLE shall be

installed so that it is:

(1) Spaced to allow access for cleaning along the sides, behind, and

above the EQUIPMENT.

(2) Spaced from adjoining EQUIPMENT, walls, and ceilings a

distance of not more than one millimeter or one thirty-second

inch.

(3) SEALED to adjoining EQUIPMENT or walls, if the EQUIPMENT

is exposed to spillage or seepage.

(b) Except as specified in subdivisions (c) and (d), floor-mounted

EQUIPMENT that is not EASILY MOVABLE shall be SEALED to the floor

or elevated on legs that provide at least a six-inch clearance between the

floor and the EQUIPMENT.

shelving units, display REFRIGERATION UNITs, and display freezer

units located in the CONSUMER shopping areas of a FOOD FACILITY if

the floor under the units is maintained clean.

(d) TABLE-MOUNTED EQUIPMENT that is not EASILY MOVABLE shall be

installed to allow cleaning of the EQUIPMENT and areas underneath and

around the EQUIPMENT by being SEALED to the table or elevated on

legs that provide at least a four-inch clearance between the table and the

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EQUIPMENT.

114171. Ice units, separation of drains

Liquid waste drain lines shall not pass through an ice machine or ice

storage bin.

114172. Pressurized cylinders

All pressurized cylinders shall be securely fastened to a rigid structure.

Article 4. Maintenance and Operation

114175. Good repair

EQUIPMENT and UTENSILs shall be kept clean, fully operative, and in

good repair.

114177. Cutting surfaces

Surfaces such as cutting blocks and boards that are subject to scratching

and scoring shall be resurfaced if they can no longer be effectively cleaned and

sanitized, or discarded if they are not capable of being resurfaced.

114178. Storing equipment, utensils, linens, and single-use articles

(a) Except as specified in subdivision (d), cleaned EQUIPMENT and

UTENSILs, laundered LINENS, and SINGLE-USE ARTICLES shall be

stored in a clean, dry location where they are not exposed to splash, dust,

or other contamination, and at least six inches above the floor.

(b) Clean EQUIPMENT and UTENSILs shall be stored as specified in

subdivision (a) and shall be stored covered or inverted in a self-draining

position that allows air drying.

(a) and shall be kept in the original protective package or stored by using

other means that afford protection from contamination until used.

(d) Items that are kept in closed packages may be stored less than six inches

above the floor on dollies, pallets, racks, and skids that are designed as

to be EASILY MOVABLE.

114179. Storage prohibitions

(a) Except as specified in subdivision (b), cleaned and sanitized

EQUIPMENT, UTENSILs, laundered LINENS, and SINGLE-USE

ARTICLES shall not be stored in any of the following locations:

(1) In locker rooms.

(2) In toilet rooms.

(3) In REFUSE rooms.

105

(4) In mechanical rooms.

(5) Under sewer lines that are not shielded to intercept potential

drips.

(6) Under leaking water lines including leaking automatic fire

sprinkler heads or under lines on which water has condensed.

(7) Under open stairwells.

(8) Under other sources of contamination.

or in a storage compartment may be stored in a locker room.

114180. Water reservoir of fogging devices, cleaning

(a) A reservoir that is used to supply water to a device such as a PRODUCE

fogger shall be maintained in accordance with manufacturer's

specifications and cleaned in accordance with manufacturer's

specifications or according to the procedures specified in subdivision (b),

whichever is more stringent.

(b) Cleaning procedures shall include at least the following steps and shall

be conducted at least once a week:

(1) Draining and complete disassembly of the water and aerosol

contact parts.

(2) Brush-cleaning the reservoir, aerosol tubing, and discharge

nozzles with a suitable detergent solution.

(3) Flushing the complete system with water to remove the

detergent solution and particulate accumulation.

(4) Rinsing by immersing, spraying, or swabbing the reservoir,

aerosol tubing, and discharge nozzles with an APPROVED

sanitizer as specified in Section 114099.6.

a reservoir for holding water for fogging, but shall employ water under

pressure for fogging or misting of FOODs.

114182. Electrical power requirements

Electrical power shall be supplied at all times to operate the APPROVED

exhaust, lighting, electric water heaters and REFRIGERATION UNITs, and any

other accessories and appliances that may be installed in a FOOD FACILITY.

Article 5. Linens

114185. Linen, use limitation

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.

114185.1. Wiping cloths, use limitation

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(a) Wiping cloths that are in use for cleaning FOOD spills shall not be used

for any other purpose.

(b) Cloths used for wiping FOOD spills shall be dry and used for cleaning

FOOD spills from TABLEWARE and carry-out containers or used only

once, or if used repeatedly, held in a sanitizing solution of an APPROVED

concentration as specified in Section 114099.6.

kept separate from cloths used for other purposes, and wet cloths used

with raw FOODs of animal origin shall be kept in a separate sanitizing

solution.

(d) Wet wiping cloths used with a freshly made sanitizing solution and dry

wiping cloths shall be free of FOOD debris and visible soil.

(e) Working containers of sanitizing solutions for storage of in-use wiping

cloths shall be used in a manner to prevent contamination of FOOD,

EQUIPMENT, UTENSILs, LINENS, or SINGLE-USE ARTICLES.

114185.2. Clean linens

Clean LINENS shall be free of FOOD residues and other soiling matter.

114185.3. Laundering specifications

(a) LINENS that do not come in direct contact with FOOD shall be laundered

when they become wet, sticky, or visibly soiled.

(b) Cloth gloves shall be laundered before being used with a different type of

raw FOOD of animal origin such as beef, lamb, pork, FISH and

POULTRY.

(d) Wet wiping cloths shall be laundered daily.

(e) Dry wiping cloths shall be laundered as necessary to prevent

contamination of FOOD and clean serving UTENSILs.

114185.4. Storage of linens

(a) Adequate and suitable space shall be provided for the storage of clean

LINENS.

(b) Soiled LINENS shall be kept in clean, nonabsorbent receptacles or clean,

washable laundry bags and stored and transported to prevent

contamination of FOOD, clean EQUIPMENT, clean UTENSILs, and

SINGLE-USE ARTICLES.

114185.5. Use of laundry facilities

(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.

in a mechanical clothes washer and dryer or in a WAREWASHING sink

107

that is cleaned and sanitized before and after each time it is used to wash

wiping cloths or wash PRODUCE or thaw FOOD.

Chapter 7. Water, Plumbing and Waste

Article 1. Water

114189. Enforcement of potable water standards

The ENFORCEMENT AGENCY may monitor and enforce the potable

drinking water standards in the California Safe Drinking Water Act (Chapter 4

commencing with Section 116275) for purposes of enforcing this part and

compliance with any requirements with regard to POTABLE WATER, as defined

in Section 113869.

114189.1. Boiler water additives, criteria

Chemicals used as boiler water ADDITIVEs shall meet the requirements

specified in 21 C.F.R. 173.310.

114190. Approved plumbing system

All plumbing and PLUMBING FIXTUREs shall be installed in compliance

with applicable local plumbing ordinances, shall be maintained so as to prevent

any contamination, and shall be kept clean, fully operative, and in good repair.

114192. Approved water supply system

(a) Except as provided in subdivision (d), an adequate, protected,

pressurized, potable supply of hot water and COLD WATER shall be

provided. Hot water shall be supplied at a minimum temperature of at

least 120°F measured from the faucet, unless otherwise specified in this

part. The water supply shall be from a water system APPROVED by the

health officer or the local ENFORCEMENT AGENCY.

(b) Any hose used for conveying POTABLE WATER shall be constructed of

nontoxic materials, shall be used for no other purpose, and shall be

clearly labeled as to its use. The hose shall be stored and used so as to

be kept free of contamination.

siphonage protection device when required by applicable plumbing

codes. Exposed piping of a nonPOTABLE WATER system shall be

identified so that it is readily distinguishable from piping that carries

POTABLE WATER.

(d) A FOOD FACILITY may provide only WARM WATER if the water supply

is used only for HANDWASHING, as required in Section 113953.

114192.1. Pressure

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(a) Water under pressure shall be permanently plumbed to all fixtures,

EQUIPMENT, and nonFOOD EQUIPMENT that are required to use

water, except for water supplied to NONPERMANENT FOOD

FACILITIES.

(b) Water under pressure shall be provided at a sufficient level as specified

by the Uniform Plumbing Code and manufacturer's specifications for

EQUIPMENT and fixtures in the FOOD FACILITY.

114193. Backsiphonage prevention

(a) All steam tables, ice machines and bins, FOOD PREPARATION sinks,

WAREWASHING sinks, display cases, walk-in REFRIGERATION

UNITs, and other similar EQUIPMENT that discharge liquid waste shall

be drained by means of indirect waste pipes, and all wastes drained by

them shall discharge through an airgap into a floor sink or other

APPROVED type of receptor.

(b) Drainage from reach-in REFRIGERATION UNITs shall be conducted in

a sanitary manner to a floor sink or other APPROVED device by an

indirect connection or to a properly installed and functioning evaporator.

inspection and cleaning.

(d) WAREWASHING machines may be connected directly to the sewer

immediately downstream from a floor drain, or they may be drained

through an APPROVED indirect connection.

(e) WAREWASHING sinks in use on January 1, 1996, that are directly

plumbed may be continued in use. This section does not require

WAREWASHING sinks to be indirectly plumbed when the local building

official determines that the sink should be directly plumbed.

114193.1. Backflow prevention methods

An air gap between the water supply inlet and the flood level rim of the

PLUMBING FIXTURE, EQUIPMENT, or nonFOOD EQUIPMENT shall be at least

twice the diameter of the water supply inlet and may not be less than one inch.

114195. Capacity

(a) The water source and system shall be of sufficient capacity to meet the

peak water demands of the FOOD FACILITY.

(b) Hot water generation and distribution systems shall be sufficient to meet

the peak hot water demands throughout the FOOD FACILITY.

Article 2. Liquid Waste

114197. Approved liquid waste disposal system

Liquid waste shall be disposed of through the APPROVED PLUMBING

SYSTEM and shall discharge into the public sewerage or into an APPROVED

private sewage disposal system.

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114199. Equipment compartments, drainage

EQUIPMENT compartments that are subject to accumulation of moisture

due to conditions such as condensation, FOOD or BEVERAGE drip, or water from

melting ice, shall be sloped to an outlet that allows for complete draining.

114201. Grease trap/interceptor

(a) If provided, a grease trap or grease interceptor shall not be located in a

FOOD or UTENSIL handling area unless specifically APPROVED by the

ENFORCEMENT AGENCY.

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

servicing.

with a grease trap or grease interceptor that are in operation before the

effective date of this part are not required to comply with this section.

Article 3. Mobile Water and Wastewater Tanks

114205. Potable water and wastewater tanks

(a) NONPERMANENT FOOD FACILITIES that handle nonPREPACKAGED

FOOD shall be equipped with POTABLE WATER and wastewater tanks,

unless APPROVED temporary water and wastewater connections are

provided.

(b) PERMANENT FOOD FACILITIES shall be in compliance with Sections

114190 to 114201, inclusive.

114207. Potable water and wastewater tanks, approved

Materials that are used in the construction of POTABLE WATER and

wastewater tanks and appurtenances shall be safe, durable, corrosion-resistant,

nonabsorbent, and finished to have a SMOOTH, EASILY CLEANABLE surface.

114209. Potable water and wastewater tanks, drainage

POTABLE WATER tanks and wastewater tanks shall be sloped to an

outlet that ensures complete drainage of the tank and designed and constructed

so as to be easily and completely drained.

114211. Potable water and wastewater tanks, protection from

contamination

(a) The water system shall be designed and constructed using materials that

enable water to be introduced without contamination.

(b) All tanks, line couplings, valves, and all other plumbing shall be designed,

installed, maintained, and constructed of materials that will not

contaminate the water supply, FOOD, UTENSILs, or EQUIPMENT.

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seals.

(d) Any connection to a wastewater tank shall preclude the possibility of

contaminating any FOOD, FOOD-CONTACT SURFACE, or UTENSIL.

114213. Potable water and wastewater tanks, tank vent, protected

(a) Any POTABLE WATER or wastewater tank mounted within a MOBILE

FOOD FACILITY or MOBILE SUPPORT UNIT shall have an air vent

overflow provided in a manner that will prevent potential flooding of the

interior of the facility.

(b) If provided, a water tank vent shall terminate in a downward direction and

shall be covered with 16 mesh per square inch screen or equivalent when

the vent is in a protected area or a protective filter when the vent is in an

area that is not protected from windblown dirt and debris.

114215. Nonpermanent food facilities, hose, construction and

identification

Hoses used in conjunction with NONPERMANENT FOOD FACILITIES

shall meet all of the following requirements:

(a) A hose used for conveying POTABLE WATER from a water tank shall be:

(1) Safe.

(2) Durable, corrosion-resistant, and nonabsorbent.

(3) Resistant to pitting, chipping, crazing, scratching, scoring,

distortion, and decomposition.

(4) Finished with a SMOOTH interior surface.

(5) Protected from contamination at all times.

(6) Clearly and durably identified as to its use if not permanently

attached.

(b) Liquid waste lines shall not be the same color as hoses used for

POTABLE WATER.

UNIT and POTABLE WATER tank connectors shall have matching

connecting devices. Devices for external cleaning shall not be used for

POTABLE WATER purposes on the MOBILE FOOD FACILITY. Hoses

and faucets equipped with quick connect and disconnect devices for

these purposes shall be deemed to meet the requirements of this

subdivision. Exterior hose-connection valves shall be attached to

MOBILE FOOD FACILITIES or MOBILE SUPPORT UNITs and shall be

located above the ground with an APPROVED water connection.

114217. Potable water tanks, capacity

(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.

(b) At least five gallons of water shall be provided exclusively for

handwashing for each NONPERMANENT FOOD FACILITY. Any water

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need for other purposes shall be in addition to the five gallons for

handwashing.

be provided for FOOD PREPARATION and WAREWASHING.

(d) At least 15 gallons of water shall be provided for NONPERMANENT

FOOD FACILITIES that conduct LIMITED FOOD PREPARATION.

(e) The water delivery system shall deliver at least one gallon per minute to

each sink basin.

114219. Potable water tanks, enclosed system

A POTABLE WATER tank shall be enclosed from the filling inlet to the

discharge outlet and emptied to ensure complete drainage of the tank.

114221. Potable water tanks, inspection and cleaning port

(a) Water tanks shall be designed with an access port for inspection and

cleaning. The access port shall be in the top of the tank and flanged

upward at least one-half inch and equipped with a port cover assembly

that is provided with a gasket and a device for securing the cover in place

and flanged to overlap the opening and sloped to drain.

(b) Notwithstanding subdivision (a), water tanks that are not accessible for

inspection may comply with this section by submitting written operational

procedures for the cleaning and sanitizing of the POTABLE WATER tank.

The ENFORCEMENT AGENCY shall review and approve the procedures

prior to implementation and an APPROVED copy shall be kept on the

MOBILE FOOD FACILITY during hours of operation.

114223. Potable water tanks, “V” type threads, use limitation

A fitting with "V" type threads on a water tank inlet or outlet shall be

allowed only when a hose is permanently attached.

114225. Potable water tanks, inlet and outlet

(a) POTABLE WATER tanks shall be installed in a manner that will allow

water to be filled with an easily accessible inlet.

(b) A POTABLE WATER tank's inlet and outlet shall be positioned so that

they are protected from contaminants such as waste discharge, dust, oil,

or grease.

connection of a size and type that will prevent its use for any other service

and shall be constructed so that backflow and other contamination of the

water supply is prevented.

114227. Potable water tanks, filter

A filter that does not pass oil or oil vapors shall be installed in the air

supply line between the compressor and POTABLE WATER system when

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compressed air is used to pressurize the water tank system.

114229. Potable water tanks, protective cover or device

If not in use, a POTABLE WATER tank and hose inlet and outlet fitting

shall be protected using a cap and keeper chain, quick disconnect, closed cabinet,

closed storage tube, or other APPROVED protective cover or device.

114231. Potable water tank inlet

A NONPERMANENT FOOD FACILITY's POTABLE WATER tank inlet

shall be three-fourths inch in inner diameter or less and provided with a hose

connection of a size or type that will prevent its use for any other service.

114233. Potable water tanks, system flushing and disinfection

A water tank, pump, and hoses shall be flushed and sanitized before

being placed in service after construction, repair, modification, and periods of

nonuse.

114235. Potable water tank, using a pump and hoses, backflow

prevention

A PERSON shall operate a water tank, pump, and hoses so that backflow

and other contamination of the water supply are prevented.

114238. Potable water tanks, tank, pump, and hoses dedication

A water tank, pump, and hoses used for conveying POTABLE WATER

shall not be used for any other purpose.

114239. Potable water tanks, refilling and storage

(a) POTABLE WATER tanks may be constructed in a manner that will allow

for a POTABLE WATER tank to be removed from within the

NONPERMANENT FOOD FACILITY compartments for refilling or

replacing.

(b) Refilling of a POTABLE WATER tank shall be conducted through an

APPROVED and sanitary method, such as at the COMMISSARY.

both, shall be within the NONPERMANENT FOOD FACILITY or in an

APPROVED manner that will protect against contamination.

114240. Wastewater tanks, capacity and drainage

(a) Wastewater tanks shall be of a capacity commensurate with the level of

FOOD handling activity.

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(b) Wastewater tanks shall have a minimum capacity that is 50 percent

greater than the POTABLE WATER tanks. In no case shall the

wastewater capacity be less than 7.5 gallons. Where POTABLE WATER

for the preparation of a FOOD or BEVERAGE is supplied, an additional

wastewater tank capacity equal to at least 15 percent of the water supply

shall be provided.

production is likely to exceed tank capacity.

(d) Where ice is utilized in the storage, display, or service of FOOD or

BEVERAGEs, an additional minimum wastewater holding tank shall be

provided with a capacity equal to one-third of the volume of the ice cabinet

to accommodate the drainage of ice melt.

(e) Wastewater tanks on nonpermanent FOOD FACILITIES shall be

equipped with a shut-off valve.

114241. Wastewater tanks, removing wastes

(a) Wastewater tanks may be constructed in a manner that will allow the

wastewater tank to be removed from within the APPROVED

NONPERMANENT FOOD FACILITY compartments for replacing.

(b) RETAIL FOOD operations shall cease during removal and replacement

of tanks.

NONPERMANENT FOOD FACILITY at an APPROVED waste servicing

area or by an APPROVED sewage transport vehicle in such a way that a

public health HAZARD or nuisance is not created.

114242. Wastewater tanks, flushing

Wastewater tanks shall be thoroughly flushed and drained in a sanitary

manner during the servicing operation.

Article 4. Refuse

114244. Receptacles, capacity and availability

(a) Each FOOD FACILITY shall be provided with any facilities and

EQUIPMENT necessary to store or dispose of all waste material.

(b) Waste receptacles shall be provided for use by CONSUMERs.

PREMISES where REFUSE is generated or commonly discarded, or

where recyclables or returnables are placed.

114245. Storage areas, receptacles and waste handling units, location

(a) An area designated for REFUSE, recyclables, returnables, and a

redeeming machine for recyclables or returnables shall be located so that

it is separate from FOOD, EQUIPMENT, UTENSILs, LINENS, and single-

service and SINGLE-USE ARTICLES and a public health HAZARD or

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nuisance is not created.

(b) Receptacles and waste handling units for REFUSE, recyclables, and

returnables shall not be located so as to create a public health HAZARD

or nuisance or interfere with the cleaning of adjacent space.

114245.1. Disposal of refuse

(a) All REFUSE, recyclables, and returnables shall be kept in nonabsorbent,

durable, cleanable, leakproof, and rodentproof containers and shall be

contained so as to minimize odor and insect development by covering

with close-fitting lids or placement in a disposable bag that is impervious

to moisture and then SEALED.

(b) REFUSE containers inside a FOOD FACILITY need not be covered

during periods of operation.

frequently as may be necessary to prevent the creation of a nuisance.

(d) Storage areas, enclosures, and receptacles for REFUSE, recyclables,

and returnables shall be maintained in good repair.

(e) REFUSE, recyclables, and returnables shall be removed from the

PREMISES at a frequency that will minimize the development of

objectionable odors and other conditions that attract or harbor insects and

rodents.

114245.2. Outside storage prohibitions

Cardboard or other packaging material that does not contain FOOD

residues and that is awaiting regularly scheduled delivery to a recycling or disposal

site may be stored outside without being in a covered receptacle if it is stored so

that it does not create a rodent harborage problem.

114245.3. Indoor storage area for refuse, recyclables, and returnables

If located within the FOOD FACILITY, a storage area for REFUSE,

recyclables, and returnables shall meet the requirements for floors, walls, ceilings,

and VERMIN exclusion as specified in this part.

114245.4. Outdoor refuse area

If provided, an outdoor storage area or enclosure used for REFUSE,

recyclables, and returnables shall be constructed of nonabsorbent material such

as concrete or asphalt and shall be EASILY CLEANABLE, durable, and sloped to

drain.

114245.5. Outside receptacle

Receptacles and waste handling units for REFUSE and recyclables shall

be installed so that accumulation of debris and insect and rodent attraction and

harborage are minimized and effective cleaning is facilitated around and, if the unit

is not installed flush with the base pad, under the unit.

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114245.6. Cleaning receptacles

(a) Receptacles and waste handling units for REFUSE, recyclables, and

returnables shall be thoroughly cleaned in a way that does not

contaminate FOOD, EQUIPMENT, UTENSILs, LINENS, or single-service

and SINGLE-USE ARTICLES, and wastewater shall be disposed of as

specified under Section 114241.

(b) Soiled receptacles and waste handling units for REFUSE, recyclables,

and returnables shall be cleaned at a frequency necessary to prevent

them from developing a buildup of soil or becoming attractants for insects

and rodents.

114245.7. Refuse cleaning implements and supplies

(a) Except as specified in subdivision (b), suitable cleaning implements and

supplies such as high pressure pumps, hot water, steam, and detergent

shall be provided as necessary for effective cleaning of receptacles and

waste handling units for REFUSE, recyclables, and returnables.

(b) If APPROVED, off-PREMISES-based cleaning services may be used if

on-PREMISES cleaning implements and supplies are not provided.

Chapter 8. Physical Facilities

Article 1. Toilet Facilities

114250. Toilet facilities

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.

114250.1. Toilet and handwashing facilities for individual facilities within

larger premises

(a) FOOD FACILITIES located within amusement parks, stadiums, arenas,

FOOD courts, fairgrounds, and similar PREMISES shall not be required

to provide toilet facilities for EMPLOYEE use within each FOOD

FACILITY if APPROVED toilet facilities are located within 200 feet in

travel distance of each FOOD FACILITY and are readily available for use

by EMPLOYEEs. FOOD FACILITIES subject to this section shall be

provided with APPROVED handwashing facilities for EMPLOYEE use.

(b) Notwithstanding subdivision (a), FOOD FACILITIES APPROVED prior to

the effective date of this part with toilet facilities within 300 feet are not

required to meet the 200 foot requirement.

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Article 2. Lighting

114252. Lighting

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 least 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.

candles at a SURFACE where a FOOD EMPLOYEE is working with

FOOD or working with UTENSILS and EQUIPMENT such as knives,

slicers, grinders, or saws where EMPLOYEE safety is a factor.

114252.1. Light bulbs, protective shielding

(a) Except as specified in subdivision (b), light bulbs shall be shielded,

coated, or otherwise shatter-resistant in areas where there is

nonprepackaged READY-TO-EAT FOOD, clean EQUIPMENT,

UTENSILs, and LINENS, or unwrapped SINGLE-USE ARTICLES.

(b) Shielded, coated, or otherwise shatter-resistant bulbs need not be used

in areas used only for storing PREPACKAGED FOOD in unopened

packages, if the integrity of the packages cannot be affected by broken

glass falling onto them and the packages are capable of being cleaned of

debris from broken bulbs before the packages are opened.

shield surrounding and extending beyond the bulb so that only the face

of the bulb is exposed, or by using APPROVED coated shatter resistant

bulbs.

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Article 3. Poisonous and Toxic Materials

114254. Poisonous or injurious materials; use and storage

Only those insecticides, rodenticides, and other pesticides that are

necessary and specifically APPROVED for use in a FOOD FACILITY may be used.

The use shall be in accordance with the manufacturer's instructions.

114254.1. Original container identifying information, prominence

(a) Containers of POISONOUS OR TOXIC MATERIALS and PERSONAL

CARE ITEMS shall bear a legible manufacturer's label.

(b) Working containers used for storing POISONOUS OR TOXIC

MATERIALS such as cleaners and sanitizers taken from bulk supplies

shall be clearly and individually identified with the common name of the

material.

114254.2. Separation

(a) Except as specified in subdivision (b), POISONOUS OR TOXIC

MATERIALS shall be stored or displayed so they can not contaminate

FOOD, EQUIPMENT, UTENSILs, LINENS, and SINGLE-USE

ARTICLES by separating the POISONOUS OR TOXIC MATERIALS by

spacing or partitioning and locating the POISONOUS OR TOXIC

MATERIALS in an area that is not above FOOD, EQUIPMENT,

UTENSILs, LINENS, and SINGLE-USE ARTICLES.

(b) EQUIPMENT and UTENSIL cleaners and sanitizers may be stored in

WAREWASHING areas for availability and convenience if the materials

are stored to prevent contamination of FOOD, EQUIPMENT, UTENSILs,

LINENS, and SINGLE-USE ARTICLES.

114254.3. Poisonous or toxic material containers

A container previously used to store POISONOUS OR TOXIC

MATERIALS shall not be used to store, transport, or dispense FOOD, UTENSILs,

or SINGLE-USE ARTICLES.

Article 4. Employee Storage Areas

114256. Designated employee areas

(a) Areas designated for EMPLOYEEs to eat and drink shall be located so

that FOOD, EQUIPMENT, LINENS, and SINGLE-USE ARTICLES are

protected from contamination.

(b) Lockers or other suitable facilities shall be located in a designated room

or area where contamination of FOOD, EQUIPMENT, UTENSILs,

LINENS, and SINGLE-USE ARTICLES cannot occur.

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114256.1. Dressing rooms and lockers

(a) Lockers or other suitable facilities shall be provided and used for the

orderly storage of EMPLOYEE clothing and other possessions.

(b) Dressing rooms or dressing areas shall be provided and used by

EMPLOYEEs if the EMPLOYEEs regularly change their clothes in the

facility.

FOOD FACILITIES shall not be required to comply with subdivision (a),

but no person shall store clothing or personal effects in any area used for

the storage and preparation of FOOD.

114256.2. Medicines, restriction and storage

Medicines that are in a FOOD FACILITY for the EMPLOYEEs' use shall

be labeled and stored so as to prevent the contamination of FOOD, EQUIPMENT,

UTENSILs, LINENS, and SINGLE-USE ARTICLES. This section does not apply

to medicines that are stored or displayed for RETAIL sale.

114256.4. Storage of first aid supplies

First aid supplies that are in a FOOD FACILITY for the EMPLOYEEs' use

shall be labeled with a legible manufacturer's label and stored in a kit or a container

that is located to prevent the contamination of FOOD, EQUIPMENT, UTENSILs,

LINENS, and SINGLE-USE ARTICLES.

Article 5. Premises and Facilities

114257. All facilities, equipment, and utensils to be kept clean,

operative, and in good repair

All PREMISES of a FOOD facility shall be kept clean, fully operative, and

in good repair.

114257.1. Maintaining premises, unnecessary items and litter

The PREMISES of a FOOD FACILITY shall be free of litter and items that

are unnecessary to the operation or maintenance of the facility, such as

EQUIPMENT that is nonfunctional or no longer used.

Article 6. Vermin and Animals

114259. Exclusion of vermin

A FOOD FACILITY shall at all times be constructed, equipped,

maintained, and operated as to prevent the entrance and harborage of animals,

birds, and VERMIN, including, but not limited to, rodents and insects.

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114259.1. Vermin

The PREMISES of each FOOD FACILITY shall be kept free of VERMIN.

114259.2. Pass-thru window service openings

Passthrough window service openings shall be limited to 216 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.

114259.3. Insect control devices, design and installation

(a) Insect control devices that are used to electrocute or stun flying insects

shall be designed to retain the insect within the device.

(b) Insect control devices shall be installed so that the devices are not located

over a FOOD or UTENSIL handling area and dead insects and insect

fragments are prevented from being impelled onto or falling on

nonPREPACKAGED FOOD, clean EQUIPMENT, UTENSILs, LINENS,

and unwrapped SINGLE-USE ARTICLES.

114259.4. Animal handling prohibition

(a) Except as specified in subdivision (b), FOOD EMPLOYEEs shall not care

for or handle animals that may be present, such as patrol dogs, SERVICE

ANIMALs, or pets that are allowed as specified in subdivision (b) of

Section 114259.5.

(b) FOOD EMPLOYEEs with SERVICE ANIMALs may handle or care for

their SERVICE ANIMALs if they wash their hands as required in this part.

FOOD EMPLOYEEs may handle or care for FISH in aquariums or

MOLLUSCAN SHELLFISH or crustacea in display tanks if they wash their

hands as required in this part.

114259.5. Prohibiting animals

(a) Except as specified in this section, live animals may not be allowed in a

FOOD FACILITY.

(b) Live animals may be allowed in any of the following situations if the

contamination of FOOD, clean EQUIPMENT, UTENSILs, LINENS, and

unwrapped SINGLE-USE ARTICLES cannot result:

(1) Edible FISH or decorative FISH in aquariums, shellfish or

crustacea on ice or under refrigeration, and shellfish and

crustacea in display tank systems.

(2) Animals intended for consumption if the live animals are kept

separate from all FOOD and UTENSIL handling areas, are held

in sanitary conditions, are slaughtered in a separate room

designed solely for that purpose and separated from other

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FOOD and UTENSIL handling areas, and maintained in an area

that has ventilation separate from FOOD and UTENSIL handling

areas.

(3) Dogs under the control of a uniformed law enforcement officer

or of uniformed employees of private patrol operators and

operators of a private patrol service who are licensed pursuant

to Chapter 11.5 (commencing with Section 7580) of Division 3

of the Business and Professions Code, while those

EMPLOYEEs are acting within the course and scope of their

employment as private patrol PERSONs.

(4) In areas that are not used for FOOD PREPARATION and that

are usually open for CONSUMERS, such as dining and sales

areas, SERVICE ANIMALs that are controlled by a disabled

EMPLOYEE or PERSON, if a health or safety HAZARD will not

result from the presence or activities of the SERVICE ANIMAL.

(5) Pets in the common dining areas of RESTRICTED FOOD

service facilities at times other than during meals if all of the

following conditions are satisfied:

(A) Effective partitioning and self-closing doors separate the

common dining areas from FOOD storage or FOOD

PREPARATION areas.

(B) CONDIMENTs, EQUIPMENT, and UTENSILs are stored in

enclosed cabinets or removed from the common dining

areas when pets are present.

surfaces are effectively cleaned before the next meal

service.

(6) In areas that are not used for FOOD PREPARATION, storage,

sales, display, or dining, in which there are caged animals or

animals that are similarly restricted, such as in a variety store

that sells pets or a tourist park that displays animals.

(7) If kept at least 20 feet (6 meters) away from any MOBILE FOOD

FACILITY, TEMPORARY FOOD FACILITY, or CERTIFIED

FARMERS’ MARKET.

subdivision (b) are liable for any damage done to the PREMISES or

facilities by the dog.

(d) Pet dogs under the control of a person in an outdoor dining area if all of

the following conditions are satisfied:

(1) The owner of the FOOD FACILITY elects to allow pet dogs in its

outdoor dining area.

(2) A separate outdoor entrance is present where pet dogs enter

without going through the FOOD establishment to reach the

outdoor dining area and pet dogs are not allowed on chairs,

benches, seats, or other fixtures.

(3) The outdoor dining area is not used for FOOD or drink preparation

or the storage of UTENSILS. A FOOD EMPLOYEE may refill a

BEVERAGE glass in the outdoor dining area from a pitcher or

other container.

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(4) FOOD and water provided to pet dogs shall only be in single-use

disposable containers.

(5) FOOD EMPLOYEEs are prohibited from having direct contact

with pet dogs while on duty. A FOOD EMPLOYEE who does

have that prohibited direct contact shall wash his or her hands

as required by Section 113953.3.

(6) The outdoor dining area is maintained clean. Surfaces that have

been contaminated by dog excrement or other bodily fluids shall

be cleaned and sanitized.

(7) The pet dog is on a leash or confined in a pet carrier and is under

the control of the pet dog owner.

(8) The food facility owner ensures compliance with local ordinances

related to sidewalks, public nuisance, and sanitation.

(9) Other control measures approved by the ENFORCEMENT

AGENCY.

(e) Live or dead FISH bait may be stored if contamination of FOOD, clean

equipment, UTENSILS, linens, and unwrapped SINGLE-USE ARTICLES

cannot result.

Chapter 9. Permanent Food Facilities

114265. Applicable requirements

All PERMANENT FOOD FACILITIES shall meet the applicable

requirements in Chapters 1 to 8, inclusive, and Chapter 13, unless specifically

exempted from any of these provisions.

Article 1. Floors, Walls, and Ceilings

114266. Food facilities, enclosed

(a) Each PERMANENT FOOD FACILITY shall be fully enclosed in a building

consisting of permanent floors, walls, and an overhead structure that

meet the minimum standards as prescribed by this part. FOOD

FACILITIES that are not fully enclosed on all sides and that are in

operation on January 1, 1985, shall not be required to meet the

requirements of this section until the facility is REMODELed or has a

significant MENU CHANGE or significant change in its method of

operation.

(b) Notwithstanding subdivision (a), this section does not require the

enclosure of dining areas or any other operation APPROVED for outdoor

FOOD service.

operation prior January 1, 2007, shall have no more than one side open

to the outside air during business hours.

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114268. Floors

(a) Except in sales areas and as otherwise specified in subdivision (d), the

floor surfaces in all areas in which FOOD is prepared, prepackaged, or

stored, where any UTENSIL is washed, where REFUSE or garbage is

stored, where janitorial facilities are located in all toilet and handwashing

areas, except with respect to areas relating to guestroom

accommodations and the private accommodations of owners and

operators in RESTRICTED FOOD SERVICE FACILITIES, shall be

SMOOTH and of durable construction and nonabsorbent material that is

EASILY CLEANABLE.

(b) Floor surfaces shall be coved at the juncture of the floor and wall with a

3/8 inch minimum radius coving and shall extend up the wall at least 4

inches, except in areas where FOOD is stored only in unopened bottles,

cans, cartons, sacks, or other original shipping containers.

date of this part shall comply with subdivision (b). Public and private

schools constructed before the effective date of this part need not comply

with subdivision (b), provided that the existing floor surfaces are

maintained in good repair and in a sanitary condition.

(d) Except for dining and serving areas, the use of sawdust, wood shavings,

peanut hulls, or similar materials is prohibited.

(e) This section shall not prohibit the use of APPROVED dust-arresting floor

sweeping and cleaning compounds during floor cleaning operations or

the use of antislip floor finishes or materials in areas where necessary for

safety reasons.

114268.1. Cleaning floors, dustless methods

(a) Except as specified in subdivision (b), only dustless methods of cleaning

such as wet cleaning, vacuum cleaning, mopping with treated dust mops,

or sweeping using a broom and dust-arresting compounds shall be used

in FOOD FACILITIES.

(b) Spills or drippage on floors that occur between normal floor cleaning

times may be cleaned without the use of dust-arresting compounds and,

in the case of liquid spills or drippage, with the use of a small amount of

absorbent compound such as sawdust or diatomaceous earth applied

immediately before spot cleaning.

114269. Floor drains

(a) Upon new construction or extensive REMODELing, floor drains shall be

installed in floors that are water-flushed for cleaning and in areas where

pressure spray methods for cleaning EQUIPMENT are used. Floor

surfaces in areas pursuant to this subdivision shall be sloped 1:50 to the

floor drains.

(b) Upon new construction or extensive REMODELing, floor sinks or

equivalent devices shall be installed to receive discharges of water or

other liquid waste from EQUIPMENT.

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114271. Walls and ceilings

(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 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 CONSUMERs,

except that the walls and ceilings in the restrooms shall be of a

nonabsorbent and washable surface.

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

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.

114272. Floor covering, mats and duckboards

Mats and duckboards shall be designed to be removable and EASILY

CLEANABLE.

Article 2. Toilet Facilities

114276. Toilet and handwashing facilities for employees and patrons

(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 there is onsite consumption of FOODs or when 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.

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(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 not be considered as property used in connection with the

FOOD FACILITY or be considered 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) Handwashing facilities, in good repair, shall be provided as specified in

Sections 113953 and 113953.3.

(e) Any city, county, or city and county may enact ordinances that are more

restrictive than this section.

(f)

(1) Except as provided in paragraph (1) of subdivision (b), a FOOD

FACILITY that was constructed before January 1, 2004, that

has been in continuous operating since January 1, 2004, and

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.

Article 3. Janitorial Facilities

114279. Curbed cleaning facility

(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.

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114281. Storage area for cleaning equipment and supplies

A room, area, or cabinet separated from any FOOD PREPARATION or

storage area, or WAREWASHING or storage area shall be provided for the storage

of cleaning EQUIPMENT and supplies.

114282. Drying mops

After use, mops shall be placed in a position that allows them to air-dry

without soiling walls, EQUIPMENT, or supplies.

Article 4. Premises

114285. Private homes and living or sleeping quarters, use prohibition

(a) Except as specified in subdivision (b), a private home, a room used as

living or sleeping quarters, or an area directly opening into a room used

as living or sleeping quarters shall not be used for conducting FOOD

FACILITY operations.

(b)

(1) Nonperishable, PREPACKAGED FOOD may be given away,

sold, or handled from a private home. No FOOD that has

exceeded the labeled shelf life date recommended by the

manufacturer shall be deemed to be nonperishable FOOD.

(2) For purposes of this subdivision, "nonperishable FOOD" means

a FOOD that is not a POTENTIALLY HAZARDOUS FOOD, and

that does not show signs of spoiling, becoming rancid, or

developing objectionable odors during storage at ambient

temperatures.

subdivision (a) provided that no sleeping accommodations shall be

allowed in any area where FOOD is prepared or stored.

114286. Living or sleeping quarters, separation

(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.

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Article 5. Prepackaged Nonpotentially Hazardous Food

114289. Limited square footage for food display areas

(a) Notwithstanding any law to the contrary, a permanent FOOD FACILITY

that has less than 300 square feet of display area and that sells only

PREPACKAGED FOOD that is not POTENTIALLY HAZARDOUS FOOD

shall be exempt from the requirements of this part except as set forth in

subdivision (c).

(b) Notwithstanding any law to the contrary, a premises set aside for beer or

wine tasting, as that term is defined in Section 23356.1 or23357.3 of the

Business and Professions Code, that complies with Section 118375, for

the purposes of wine or beer tasting, regardless of whether there is a

charge for the wine or beer tasting, if no other BEVERAGE, except for

bottles of wine or beer and prepackaged nonpotentially hazardous

BEVERAGEs, is offered for sale or for onsite consumption, and crackers,

pretzels, or prepackaged FOOD that is not POTENTIALLY HAZARDOUS

FOOD is offered for sale or for onsite consumption shall be subject to the

requirements set forth in paragraph (1) of subdivision (c). These facilities

shall not have a FOOD display area greater than 25 square feet

(c)

(1) A facility or premises with a FOOD display area of 25 square

feet or less shall comply with all of the following:

(A) Sections 113980, 114047, 114049, 114390, 114393,

114395, 114397, and 114399.

(B) Chapter 1 (commencing with Section 113700).

(2) A permanent FOOD facility with a FOOD display area greater

than 25 square feet, but less than 300 square feet, shall comply

with all of the following:

(A) Sections 113980, 114047, 114049, 114250, 114266,

114381, 114387, 114390, 114393, 114395, 114397,

114399, 114405, 114407, 114409, 114411, and 114413.

(B) Chapter 1 (commencing with Section 113700).

114289.5. Cost recovery

The enforcement agency may recover the costs of investigation and

enforcement of this article.

Chapter 10. Mobile Food Facilities

114294. Applicable requirements; certification; approval by enforcement

agency

(a) All MOBILE FOOD FACILITIES and MOBILE SUPPORT UNITs shall

meet the applicable requirements in Chapter 1 (commencing with Section

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113700) to Chapter 8 (commencing with Section 114250), inclusive, and

Chapter 13 (commencing with Section 114380), unless specifically

exempted from any of these provisions, as provided in this chapter.

(b) The ENFORCEMENT AGENCY shall initially approve all MOBILE FOOD

FACILITIES and MOBILE SUPPORT UNITs as complying with the

provisions of this chapter and may require reapproval if deemed

necessary.

commercial modular and coach, as defined by Section 18012.5, or a

commercial modular coach as defined by Section 18001.8, shall be

certified by the Department of Housing and Community Development,

consistent with Chapter 4 (commencing with Section 18025) of Part 2 of

Division 13 and regulations promulgated pursuant to that chapter. The

ENFORCEMENT AGENCY shall approve all EQUIPMENT installation

prior to operation.

114295. Operation from a commissary

(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, if POTABLE WATER and liquid waste disposal facilities are

available to MOBILE FOOD FACILITIES requiring POTABLE WATER.

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.

114297. Cleaning and servicing

(a) MOBILE FOOD FACILITIES shall be cleaned and serviced at least once

daily during an operating day.

(b) Except as specified in subdivision (c), all MOBILE FOOD FACILITIES

shall report to the COMMISSARY, or other APPROVED facility on a daily

basis.

UNIT and that do not report to a COMMISSARY on a daily basis shall be

stored in a manner that protects the MOBILE FOOD FACILITY from

contamination. All FOOD shall be stored at the COMMISSARY or other

APPROVED facility at the end of the operating day.

(d) MOBILE SUPPORT UNITs shall report to a COMMISSARY or other

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APPROVED facility for cleaning, servicing, and storage at least daily.

114299. Identification of owner

(a) Except as specified in subdivision (c), the business name or name of the

operator, city, state, ZIP Code, and name of the PERMITHOLDER, if

different from the name of the FOOD FACILITY, shall be legible, clearly

visible to CONSUMERS, and permanently affixed on the CONSUMER

side of the MOBILE FOOD FACILITY and on a MOBILE SUPPORT UNIT.

(b) The business name shall be in letters at least 3 inches high. Letters and

numbers for the city, state, ZIP Code, and PERMITHOLDER name, if

different from the business name, shall not be less than one inch high.

The color of each letter and number shall contrast with its background.

and MOBILE SUPPORT UNITs shall have the required identification on

two sides.

114301. Equipment construction requirements

(a) Except to the extent that an alternative construction standard is explicitly

prescribed by this section, construction standards for MOBILE FOOD

FACILITIES that are subject to Part 2 (commencing with Section 18000)

of Division 13 shall be governed by that part.

(b) MOBILE FOOD FACILITY EQUIPMENT, including, but not limited to,

cooking EQUIPMENT, the interior of cabinet units, and compartments,

shall be designed and made of materials that result in SMOOTH, readily

accessible, and EASILY CLEANABLE surfaces.

(1) Unfinished wooden surfaces are prohibited.

(2) Construction joints and seams shall be tightly fitted and

SEALED so as to be EASILY CLEANABLE. Silicone sealant or

equivalent waterproof compounds shall be acceptable, provided

that the gap is smaller than one-quarter inch and applied

SMOOTH so as to prevent the entrance of liquid waste or

VERMIN.

(3) Except as specified in Section 114314, nonPORTABLE

EQUIPMENT shall be an integral part of the primary unit.

FOODs, except for prepackaged FROZEN READY-TO-EAT FOODs,

whole FISH, and whole aquatic invertebrates, shall be equipped with

REFRIGERATION UNITs as defined in Section 113885.

(d) All new and replacement gas-fired appliances shall meet applicable ANSI

standards. All new and replacement electrical appliances shall meet

applicable Underwriters Laboratory standards. However, for units subject

to Part 2 (commencing with Section 18000) of Division 13, these

appliances shall comply with standards prescribed by Sections 18028,

18029.3, and 18029.5.

(e) Space around pipes, conduits, or hoses that extend through cabinets,

floors, or outer walls shall be SEALED. The closure shall be SMOOTH

and EASILY CLEANABLE.

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(f) EQUIPMENT in which spillage is likely to occur shall have a drip tray fitted

so that spillage drains into a waste tank.

(g) All EQUIPMENT shall be installed so as to be EASILY CLEANABLE,

prevent VERMIN harborage, and provide adequate access for service

and maintenance.

(1) EQUIPMENT shall be spaced apart or SEALED together for

easy cleaning. There shall be a minimum of four inches of

unobstructed space provided for sanitary maintenance beneath

counter mounted EQUIPMENT or between the sides of adjacent

EQUIPMENT.

(2) PORTABLE EQUIPMENT or machinery need not comply with

the minimum leg height requirement.

(3) Threads, nuts, or rivets shall not be exposed where they

interfere with cleaning. Threads, nuts, or rivets that interfere with

cleaning shall be SEALED or capped.

(4) All floor mounted EQUIPMENT shall be SEALED to the floor to

prevent moisture from getting under the EQUIPMENT, or it shall

be raised at least six inches off the floor by means of an EASILY

CLEANABLE leg and foot.

(h) Floors, walls, and ceilings of all enclosed FOOD PREPARATION areas

shall be constructed so that the surfaces are impervious, SMOOTH, and

EASILY CLEANABLE. Floor surfaces shall provide EMPLOYEE safety

from slipping. The juncture of the floor and wall shall be coved with a 3/8

inch minimum radius coving, with the floor surface extending up the wall

at least four inches.

(i) Notwithstanding Section 114143, ground or floor surfaces where cooking

processes are conducted from a grill, barbecue, or other unenclosed

cooking unit on a MOBILE FOOD FACILITY shall be impervious,

SMOOTH, EASILY CLEANABLE, and shall provide EMPLOYEE safety

from slipping. Ground or floor surfaces in compliance with this section

shall extend a minimum of five feet on all open sides of where cooking

processes are conducted.

114303. Food and utensils, protection from contamination

(a) EMPLOYEE entrance doors to FOOD PREPARATION areas shall be

self-closing and kept closed when not in use.

(b) The MOBILE FOOD FACILITY, and all EQUIPMENT and UTENSILs shall

be protected from potential contamination and kept clean, in good repair,

and free of VERMIN.

FACILITY, FOOD, FOOD-CONTACT SURFACEs, and UTENSILs shall

be protected from contamination.

(d) The PERMIT HOLDER of an unenclosed MOBILE FOOD FACILITY

handling nonPREPACKAGED FOOD shall develop and follow written

operational procedures for FOOD handling and the cleaning and

sanitizing of FOOD-CONTACT SURFACEs and UTENSILs. The

ENFORCEMENT AGENCY shall review and approve the procedures

prior to implementation and an APPROVED copy shall be kept on the

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MOBILE FOOD FACILITY during periods of operation.

114305. Food handling

(a) During operation, no FOOD intended for RETAIL shall be conveyed, held,

stored, displayed, or served from any place other than a MOBILE FOOD

FACILITY, except for the restocking of product in a manner APPROVED

by the ENFORCEMENT AGENCY.

(b) FOOD PREPARATION counter space shall be provided commensurate

with the FOOD operation, adjacent to all cooking EQUIPMENT.

each day's operation shall be stored in an APPROVED COMMISSARY

or other APPROVED facility.

(d) POTENTIALLY HAZARDOUS FOODs held at or above 135°F on a

MOBILE FOOD FACILITY or MOBILE SUPPORT UNIT shall be

destroyed at the end of the operating day.

114306. Single operating mobile food facility

(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.

provide WAREWASHING and handwashing FACILITIES shall provide a

WAREWASHING sink and a handwashing sink per site 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 in conveniently located as to be

accessible during all hours of operation.

(e) For purposes of permitting and enforcement, the PERMIT HOLDER of

each single operating site MOBILE FOOD FACILITY location shall be the

same.

114307. Mobile food facilities that operate at community events

MOBILE FOOD FACILITIES that operate at COMMUNITY EVENTs and

that remain fixed during FOOD PREPARATION and its hours of operation may:

(a) Include a staffed counter that serves hot and cold BEVERAGEs and ice

that are not POTENTIALLY HAZARDOUS FOOD and that are dispensed

from APPROVED bulk dispensing units.

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(b) Store supplies and FOOD that are not POTENTIALLY HAZARDOUS in

unopened containers adjacent to the MOBILE FOOD FACILITY or in a

nearby temporary storage unit. "Unopened container" means a factory

SEALED container that has not been previously opened and that is

suitably constructed to be resistant to contamination from moisture, dust,

insects, and rodents.

FACILITY if APPROVED by the ENFORCEMENT AGENCY.

114309. Mobile food facility exemptions

(a) MOBILE FOOD FACILITIES and MOBILE SUPPORT UNITs shall be

exempt from the requirements of Sections 114250, 114256.1, and

114279. A local ENFORCEMENT AGENCY may exempt a push cart

operating outdoors, other than a special purpose commercial modular

and coach, as defined by Section 18012.5, or a commercial modular

coach, as defined by Section 18001.8 that conducts only LIMITED FOOD

PREPARATION from Section 114149.1.

(b) This chapter does not require any person to replace or modify an existing

MOBILE FOOD FACILITY approved for operation prior to adoption of this

part, so long as the facility is operated in accordance with the conditions

of approval. Plans and specifications may be required by the

ENFORCEMENT AGENCY if it determines that they are necessary to

assure compliance with this part.

two-compartment sink that was APPROVED for operation prior to

adoption of this part need not provide a three-compartment sink.

114311. Handwashing sink requirements

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.

whole PRODUCE or the bulk dispensing of nonPOTENTIALLY

HAZARDOUS BEVERAGEs.

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114313. Warewashing sink requirements

(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.

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 a reasonable proximity to, and readily

accessible for use by, FOOD EMPLOYEEs at all times.

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114314. Handwashing and warewashing facilities, location

(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 FACILITES 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.

114315. Toilet and handwashing facilities

(a) A FOOD FACILITY shall be operated within 200 feet travel distance of an

APPROVED and readily available toilet and handwashing facility, or as

otherwise APPROVED by the ENFORCEMENT AGENCY, to ensure that

restroom facilities are available to facility EMPLOYEEs whenever the

MOBILE FOOD FACILITY is stopped to conduct business for more than

a one-hour period.

(b) This section does not limit the authority of a local governing body to adopt,

by ordinance or resolution, additional requirements for the public safety,

including reasonable time, place, and manner restrictions pursuant to its

authority under subdivision (b) of Section 22455 of the Vehicle Code.

114317. Exterior and surrounding area to be sanitary

The exterior of a MOBILE FOOD FACILITY and the surrounding area, as

relating to the operation of FOOD service, shall be maintained in a sanitary

condition.

114319. Storage of non-food items, chemicals, food, utensils

(a) Spare tires, related automotive EQUIPMENT, or special tools relating to

the mechanical operation of the MOBILE FOOD FACILITY shall not be

stored in the FOOD PREPARATION or FOOD storage areas.

(b) A separate cabinet or drawer shall be installed for the storage of

insecticides or other poisonous substances in accordance with Section

114254, if these substances are used. All poisonous chemicals shall be

kept in this cabinet or drawer in their original containers and in a manner

that offers no contamination HAZARD to FOOD or UTENSILs.

one of the following methods:

(1) Within APPROVED FOOD storage facilities at the

COMMISSARY or other APPROVED facility.

(2) In FOOD COMPARTMENTs APPROVED by the

ENFORCEMENT AGENCY where the FOOD is protected at all

times from contamination, exposure to the elements, ingress of

rodents and other VERMIN, and temperature abuse.

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114321. Height and width of occupied areas

MOBILE FOOD FACILITIES that are occupied during normal business

operations shall have a clear, unobstructed height over the aisleway portion of the

unit of at least 74 inches from floor to ceiling, and a minimum of 30 inches of

unobstructed horizontal aisle space. This section shall not apply to vehicles under

PERMIT prior to January 1, 1996.

114322. Location of compressors

Compressor units that are not an integral part of FOOD EQUIPMENT,

auxiliary engines, generators, and similar EQUIPMENT shall be installed in an

area that is completely separated from FOOD PREPARATION and FOOD storage

and that is accessible from outside the unit for proper cleaning and maintenance.

114323. Safety requirements

(a) A first-aid kit shall be provided and located in a convenient area in an

enclosed case.

(b) MOBILE FOOD FACILITIES that operate at more than one location in a

calendar day shall be equipped to meet all of the following requirements:

(1) All UTENSILs in a MOBILE FOOD FACILITY shall be stored so

as to prevent their being thrown about in the event of a sudden

stop, collision, or overturn. A safety knife holder shall be

provided to avoid loose storage of knives in cabinets, boxes, or

slots along counter aisles. Knife holders shall be designed to be

EASILY CLEANABLE and be manufactured of materials

APPROVED by the ENFORCEMENT AGENCY.

(2) Coffee urns, deep fat fryers, steam tables, and similar

EQUIPMENT shall be equipped with positive closing lids that

are fitted with a secure latch mechanism that will prevent

excessive spillage of hot liquids into the interior of a MOBILE

FOOD FACILITY in the event of a sudden stop, collision, or

overturn. As an alternative to this requirement, a coffee urn may

be installed in a compartment that will prevent excessive

spillage of coffee in the interior of the unit.

(3) Metal protective devices shall be installed on the glass liquid

level sight gauges on all coffee urns.

safety shield or its equivalent, and installed so as to not constitute a

HAZARD to personnel or FOOD.

(d) All liquefied petroleum EQUIPMENT shall be installed to meet applicable

fire authority standards, and this installation shall be APPROVED by the

fire authority. However, for units subject to Part 2 (commencing with

Section 18000) of Division 13, this EQUIPMENT and its installation shall

comply with standards prescribed by Sections 18028 and 18029.5.

(e) A properly charged and maintained minimum 10 BC-rated fire

extinguisher to combat grease fires shall be properly mounted and readily

accessible on the interior of any MOBILE FOOD FACILITY that is

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equipped with heating elements or cooking equipment.

(f)

(1) Except for units subject to Part 2 (commencing with Section

18000) of Division 13, a second means of exit shall be provided

in the side opposite the main exit door, or in the roof, or the rear

of the unit, with an unobstructed passage of at least 24 inches

by 36 inches. The interior latching mechanism shall be operable

by hand without special tools or key. The exit shall be labeled

"Safety Exit" in contrasting colors with letters at least one inch

high.

(2) For units subject to Part 2 (commencing with Section 18000) of

Division 13, the size, latching, and labeling of the second means

of exit shall comply with standards prescribed by Sections

18028 and 18029.5.

(g) All gas-fired appliances shall be properly insulated in a manner that will

prevent excessive heat buildup and injury.

114325. Water heater requirements

(a) Except on a MOBILE FOOD FACILITY that only utilizes the water for

handwashing purposes, a water heater or an instantaneous heater

capable of heating water to a minimum of 120°F, interconnected with a

POTABLE WATER supply, shall be provided and shall operate

independently of the vehicle engine. On a MOBILE FOOD FACILITY that

only utilizes the water for handwashing purposes, a minimum one-half

gallon-capacity water heater or an instantaneous water heater capable of

heating water to a minimum of 100°F, interconnected with a potable water

supply, shall be provided and shall operate independently of the vehicle

engine.

(b) A water heater with a minimum capacity of four gallons shall be provided

for mobile food facilities that have a warewashing sink.

heater that is in compliance with this section on January 1, 2014, is in

compliance with this section after that date.

114326. Commissary requirements

All COMMISSARIES and other APPROVED facilities servicing MOBILE

SUPPORT UNITs, MOBILE FOOD FACILITIES, and VENDING MACHINES shall

meet the applicable requirements in this part and any of the following to

accommodate all operations necessary to support MOBILE SUPPORT UNITs,

MOBILE FOOD FACILITIES, and VENDING MACHINES:

(a) Adequate facilities shall be provided for the sanitary disposal of liquid

waste from the MOBILE FOOD FACILITY or MOBILE SUPPORT UNIT

being serviced.

(b) Adequate facilities shall be provided for the handling and disposal of

garbage and REFUSE originating from a MOBILE FOOD FACILITY or

MOBILE SUPPORT UNIT.

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MOBILE FOOD FACILITY and MOBILE SUPPORT UNIT that requires

POTABLE WATER. Faucets and other POTABLE WATER sources shall

be constructed, located, and maintained so as to minimize the possibility

of contaminating the water being loaded.

(d) Hot and COLD WATER, under pressure, shall be available for cleaning

MOBILE FOOD FACILITIES and MOBILE SUPPORT UNITs.

(e) Adequate facilities shall be provided for the storage of FOOD, UTENSILs,

and other supplies.

(f) Notwithstanding Section 113984, commissaries that service MOBILE

FOOD FACILITIES that conduct LIMITED FOOD PREPARATION shall

provide a FOOD PREPARATION area.

(g) Servicing areas at commissaries shall be provided with overhead

protection, except that areas used only for the loading of water or the

discharge of sewage and other liquid waste through the use of a closed

system of hoses need not be provided with overhead protection.

(h) Servicing areas used for cleaning shall be sloped and drained to an

APPROVED wastewater system.

(i) Adequate electrical outlets shall be provided for MOBILE FOOD

FACILITIES and MOBILE SUPPORT UNITs that require electrical

service.

114327. Mobile support unit requirements

(a) MOBILE SUPPORT UNITs shall be subject to plan review and be

APPROVED by the ENFORCEMENT AGENCY. Requirements shall be

based on proposed method of operation and number of MOBILE FOOD

FACILITIES serviced.

(b) MOBILE SUPPORT UNITs shall meet all applicable requirements of this

part and the following:

(1) Interior floor, sides, and top shall be free of cracks, seams, or

linings where VERMIN may harbor, and shall be constructed of

a SMOOTH, washable, impervious material capable of

withstanding frequent cleaning with APPROVED sanitizing

agents.

(2) Be constructed and operated so that no liquid wastes can drain

onto any street, sidewalk, or PREMISES.

(3) If used to transport POTENTIALLY HAZARDOUS FOOD,

APPROVED EQUIPMENT to maintain FOOD at the required

temperatures shall be provided.

(4) FOOD, UTENSILs, and supplies shall be protected from

contamination.

(5) A separate storage area shall be provided for all poisonous

substances, detergents, bleaches, cleaning compounds, and all

other injurious or poisonous materials.

WAREWASHING.

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CHAPTER 10.1. Catering Operations and Host Facilities

114328. Catering operation

(a) A CATERING OPERATION shall meet the applicable requirements in

Chapters 1 (commencing with Section 113700) to 8 (commencing with

Section 114250), inclusive, and Chapter 13 (commencing with Section

114380), unless specifically exempted from any of those provisions. For

purposes of this chapter, a CATERING OPERATION refers to a

PERMANENT FOOD FACILITY approved for offsite FOOD service

activities.

(b) A CATERING OPERATION shall operate from a PERMITted FOOD

FACILITY that is capable of supporting the proposed FOOD service

activity to be conducted, and the type of FOOD that is to be prepared

offsite or served.

OPERATION shall submit to the ENFORCEMENT AGENCY written

standard operating procedures that include all of the following

information:

(1) The manner in which FOOD will be transported to and from the

PERMANENT FOOD FACILITY and the offsite FOOD service

location or HOST FACILITY and procedures to prevent

contamination of the FOOD.

(2) The type of FOOD that is to be prepared or served, and the

extent of limited FOOD PREPARATION, as defined in Section

113818, that is to be conducted at an offsite FOOD service

event.

(3) The manner in which POTENTIALLY HAZARDOUS FOOD will

be maintained in accordance with Section 113996.

(4) Procedures, methods, and schedules for cleaning UTENSILs,

EQUIPMENT, and structures, and for the disposal of refuse.

(5) The manner in which hands will be washed to ensure compliance

with Section 113953.

(d) Food shall be transported in a vehicle that meets the requirements of

Section 113982.

(e) A CATERING OPERATION may conduct limited FOOD PREPARATION,

as defined in Section 113818, at an offsite location when approved by the

ENFORCEMENT AGENCY.

(f) All FOOD, prior to offsite FOOD service, shall be stored and prepared at

the permanent FOOD FACILITY.

(g) While operating offsite, the CATERING OPERATION shall provide the

name of the facility, city, state, ZIP Code, and the name of the operator

to any consumer or ENFORCEMENT AGENCY upon request.

(h) A CATERING OPERATION shall maintain records for all offsite food

service activities for 90 days after each event. The CATERING

OPERATION shall provide those records to the ENFORCEMENT

AGENCY upon request and shall include all of the following information:

(1) Location, date, and time of offsite FOOD service activity.

(2) Customer name and contact information, including address,

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email address, and phone number.

(3) Whether FOOD was delivered to a customer or served to a guest

at a catered function or HOST FACILITY.

(4) Departure and arrival FOOD temperature logs for transportation,

and corrective action taken if the FOOD arrived out of

temperature.

(5) Complete menu of FOOD provided.

(i) A CATERING OPERATION shall ensure that it has access to potable

water at any offsite function, or shall bring an adequate supply of potable

water with it to that function.

(j) For offsite FOOD service where a CATERING OPERATION is serving

the FOOD, the PERSON IN CHARGE on behalf of the CATERING

OPERATION shall ensure that basic FOOD safety is maintained at all

times, including, but not limited to, all of the following:

(1) Protecting the FOOD from contamination during service.

(2) Providing overhead protection over all FOOD handling areas.

(3) Providing UTENSILs for individual use and eliminating the use of

community dipping containers where consumers could dip a

UTENSIL or a FOOD item they have already placed in their

mouth.

(4) Preventing consumers’ used plates or UTENSILs from returning

to the self-service display.

(5) Replacing UTENSILs that become contaminated with clean and

sanitized utensils.

(6) Ensuring open or POTENTIALLY HAZARDOUS FOODs not

consumed or sold by the CATERING OPERATION are

discarded, unless the FOOD was held at required temperatures

and protected from contamination at all times.

(7) Discarding any FOOD that has become contaminated or is

suspected of becoming contaminated, or that is presumed unsafe

because temperatures were not maintained as required by

Section 113996.

(k) Utensils used to serve FOOD shall meet all of the following conditions:

(1) Meet the requirements of Chapter 6 (commencing with Section

114130).

(2) Be stored in the FOOD with the handle extended out of the

FOOD, on a clean surface, or in a clean container.

(3) Be replaced every four hours or sooner if observed to be

mishandled by the guest, dropped, or otherwise contaminated

during the serving process.

(l) Notwithstanding Section 113953, adequate handwashing facilities shall be

provided at the offsite FOOD service event.

(m) Approved toilet and handwashing facilities shall be available within 200

feet of the offsite FOOD service operation or as approved by the

enforcement agency.

(n) All garbage and refuse generated during offsite FOOD service activities

and cleanup operations shall be disposed of in a manner approved by the

ENFORCEMENT AGENCY.

(o) All liquid waste shall be disposed of through the approved plumbing

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system in a manner approved by the ENFORCEMENT AGENCY.

(p) A CATERING OPERATION shall not store any FOOD, BEVERAGEs,

EQUIPMENT, UTENSILs, or food items in a private home when not

conducting offsite catering activities.

(q) The ENFORCEMENT AGENCY may establish additional structural or

operational requirements, or both, based on the proposed facility method

of operation and as necessary to ensure compliance with the

requirements of this chapter.

114328.1. Host facility

(a) A HOST FACILITY shall meet the applicable requirements in Chapter 1

(commencing with Section 113700), Chapter 2 (commencing with

Section 113728), all general food safety requirements described in

Chapter 4 (commencing with Section 113980), Chapter 6 (commencing

with Section 114130), and Sections 114049, 114250, 114266, 114381,

114387, 114390, 114393, 114395, 114397, 114399, 114405, 114407,

114409, 114411, and 114413.

(b) In addition to any PERMIT required of a PERMANENT FOOD FACILITY

or a CATERING OPERATION, a PERMIT shall be obtained by the

person responsible for operating the HOST FACILITY.

AGENCY pursuant to Article 1 (commencing with Section 114380) of

Chapter 13. The plan review process shall include all of the following:

(1) Submission of a site plan that indicates the location of the FOOD

service operation, handwashing sinks and restrooms, refuse

containers, and waste water disposal facilities.

(2) Specifications of EQUIPMENT that will be provided by the HOST

FACILITY to support the CATERING OPERATION.

(3) Standard operating procedures that include all of the following

information:

(A) Procedures, methods, and schedules for cleaning

EQUIPMENT and structures, and for the disposal of

refuse.

(B) How POTENTIALLY HAZARDOUS FOOD will be

maintained in accordance with Section 113996.

(4) A list of CATERING OPERATIONs that will be supported by the

HOST FACILITY with proposed menus.

(5) The ENFORCEMENT AGENCY may establish additional

structural or operational requirements, or both, based on the

proposed facility method of operation to ensure the sanitary

operation of a HOST FACILITY.

(d) A HOST FACILITY may support a CATERING OPERATION for up to four

hours in any one 12-hour period, unless otherwise approved by the

enforcement agency.

(e) All FOOD, soiled UTENSILs, EQUIPMENT, TABLEWARE, and LINEN

shall be returned to the CATERING OPERATION for cleaning, sanitizing,

and storage.

(f) Approved toilet and handwashing facilities shall be available within 200

140

feet in travel distance of the FOOD service operation.

(g) All garbage and refuse shall be stored and disposed of in a manner

approved by the ENFORCEMENT AGENCY.

Chapter 10.5 Nonprofit Charitable Temporary Food

Facilities

114332. Nonprofit charitable temporary food facility

This article governs sanitation requirements for NONPROFIT

CHARITABLE TEMPORARY FOOD FACIITIES.

114332.1. Frequency and duration of operations

NONPROFIT CHARITABLE TEMPORARY FOOD FACILITIES may

operate up to four times annually. These four time periods shall not exceed 72

hours each.

114332.2. Handwashing, utensil washing, liquid waste, toilet, food contact

surface requirement

(a) Except where all FOOD and BEVERAGE is prepackaged, handwashing,

and WAREWASHING facilities approved by the ENFORCEMENT

OFFICER shall be provided for NONPROFIT CHARITIABLE

TEMPORARY FOOD FACILITies. Each NONPROFIT CHARITABLE

TEMPORARY FOOD FACILITY shall be equipped with a handwashing

facility. Based on local environmental conditions, location, and similar

factors, the local ENFORCEMENT AGENCY may, in lieu of

WAREWASHING facilities, allow a NONPROFIT CHARITABLE

TEMPORARY FOOD FACILITY operating no more than four hours per

day at a single event to provide an adequate supply of UTENSILs and

spare UTENSILs when they have been properly washed and sanitized at

an approved FOOD FACILITY and are stored and kept free of becoming

soiled or contaminated.

(b) Facilities for the sanitary disposal of all liquid waste shall be subject to the

approval of the ENFORCEMENT OFFICER.

within 60 meters (200 feet) of each NONPROFIT CHARITABLE

TEMPORARY FOOD FACILITY.

(d) FOOD contact surfaces shall be SMOOTH, EASILY CLEANABLE, and

nonabsorbent.

114332.3. Operational requirements

(a) No POTENTIALLY HAZARDOUS FOOD or BEVERAGE stored or

prepared in a private home may be offered for sale, sold, or given away

from a NONPROFIT CHARITABLE TEMPORARY FOOD FACILITY.

POTENTIALLY HAZARDOUS FOOD shall be prepared in a FOOD

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establishment or on the PREMISES of a NONPROFIT CHARITABLE

TEMPORARY FOOD FACILITIES.

(b) All FOOD and BEVERAGE shall be protected at all times from

unnecessary handling and shall be stored, displayed, and served so as

to be protected from contamination.

maintained at or below 7 degrees Celsius (45 degrees Fahrenheit) or at

or above 57.2 degrees Celsius (135 degrees Fahrenheit) at all times.

(d) Ice used in BEVERAGEs shall be protected from contamination and shall

be maintained separate from ice used for refrigeration purposes.

(e) All FOOD and FOOD containers shall be stored off the floor on shelving

or pallets located within the facility.

(f) Smoking a tobacco product is prohibited in NONPROFIT CHARITABLE

TEMPORARY FOOD FACILITIES.

(g)

(1) Except as provided in paragraph (2), live animals, birds, or fowl

shall not be kept or allowed in NONPROFIT CHARITABLE

TEMPORARY FOOD FACILITIES.

(2) Paragraph (1) does not prohibit the presence, in any room where

FOOD is served to the public, guests, or patrons, of a guide dog,

signal dog, or service dog, as defined by Section 54.1 of the Civil

Code, accompanied by a totally or partially blind PERSON, deaf

PERSON, PERSON whose hearing is impaired, or handicapped

PERSON, or dogs accompanied by PERSONs licensed to train

guide dogs for the blind pursuant to Chapter 9.5 (commencing

with Section 7200) of Division 3 of the Business and Professions

Code.

(3) Paragraph (1) does not apply to dogs under the control of

uniformed law enforcement officers or of uniformed

EMPLOYEEs of private patrol operators and operators of a

private patrol service who are licensed pursuant to Chapter 11.5

(commencing with Section 7580) of Division 3 of the Business

and Professions Code, while these EMPLOYEEs are acting

within the course and scope of their employment as private

patrol PERSONs.

(4) The PERSONs and operators described in paragraphs (2) and

(3) are liable for any damage done to the PREMISES or facilities

by the dog.

(5) The dogs described in paragraphs (2) and (3) shall be

EXCLUDEd from FOOD PREPARATION and UTENSIL wash

areas. Aquariums and aviaries shall be allowed if enclosed so

as not to create a public health problem.

(h) All garbage shall be disposed of in a sanitary manner.

(i) EMPLOYEEs preparing or handling FOOD shall wear clean clothing and

shall keep their hands clean at all times.

(j) For purposes of this section, “smoking” has the same meaning as in

subdivision (d) of Section 22950.5 of the Business and Professions Code.

(k) For purposes of this section, “tobacco product” means a product or device

as defined in subdivision (d) of Section 22950.5 of the Business and

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Professions Code.

114332.4. Additional requirements

The ENFORCEMENT OFFICER may establish additional structural or

operational requirements as necessary to ensure that FOOD is of a safe and

sanitary quality.

114332.5. Open-air barbecue

OPEN-AIR BARBECUE facilities may be operated adjacent to

NONPROFIT CHARITABLE TEMPORARY FOOD FACILITIES, and shall be

subject to the requirements of Article 9 (commencing with Section 114185).

114332.7. Authority to inspect and require permits

Nothing in this article shall prevent a local ENFORCEMENT AGENCY

from performing inspections of, or requiring PERMITs for, any NONPROFIT

CHARITABLE TEMPORARY FOOD FACILITY to ensure compliance with FOOD

safety provisions contained in this chapter.

CHAPTER 10.6. Limited Service Charitable Feeding

Operation

114333.

(a)

(1) Except as specified in subdivision (b), A LIMITED SERVICE

CHARITABLE FEEDING OPERATION shall not provide FOOD

service unless it has registered with the local ENFORCEMENT

AGENCY in a manner prescribed by that agency, including, but

not limited to, payment of a fee not to exceed the reasonable

costs of administering and enforcing this chapter if that fee is

imposed by the agency.

(2) A LIMITED SERVICE CHARITABLE FEEDING OPERATION

that is subject to registration shall submit to the local

ENFORCEMENT AGENCY all of the following information:

(A) The name, physical address, Internet Web site, and

telephone number of the NONPROFIT CHARITABLE

ORGANIZATION conducting the LIMITED SERVICE

CHARITABLE FEEDING OPERATION.

(B) The name and contact information of a site representative

of the LIMITED SERVICE CHARITABLE FEEDING

OPERATION.

CHARITABLE FEEDING OPERATION.

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(b)

(1)

(A) A LIMITED SERVICE CHARITABLE FEEDING

OPERATION that performs the function described in

paragraph (1) of, and does not perform the functions

described in paragraphs (2) to (4), inclusive, of,

subdivision (a) of Section 113819, shall be exempt from

the requirements described in subdivision (a) regardless

of whether it operates in conjunction with a FOOD BANK

as described in subparagraph (B).

(B) A LIMITED SERVICE CHARITABLE FEEDING

OPERATION that performs the function described in

paragraph (4) of, and does not perform the functions

described in paragraphs (2) and (3) of, subdivision (a) of

Section 113819, and that operates in conjunction with a

FOOD BANK that has a valid operating PERMIT issued by

the local ENFORCEMENT AGENCY or the State

Department of Public Health shall be exempt from the

requirements described in subdivision (a).

OPERATION that performs the function described in

paragraph (2) or (3) of subdivision (a) of Section 113819,

or the function described in paragraph (4) of subdivision

(a) of Section 113819 without operating in conjunction

with a FOOD BANK as described in subparagraph (B),

shall be subject to the requirements described in

subdivision (a).

(2)

(A) For purposes of subparagraph (B) of paragraph (1), the

FOOD BANK shall ensure that the LIMITED SERVICE

CHARITABLE FEEDING OPERATION is operating

under a current agreement with the FOOD BANK and is

compliant with the FOOD BANK’s best management

practices approved by the local ENFORCEMENT

AGENCY.

(B) On at least an annual basis, or more frequently if

requested by the local ENFORCEMENT AGENCY, the

FOOD BANK shall submit to the local ENFORCEMENT

AGENCY a current list of the LIMITED SERVICE

CHARITABLE FEEDING OPERATIONs that operate in

conjunction with that FOOD BANK.

FEEDING OPERATION shall be exempt from the requirements of this part,

except as set forth in this chapter.

(d) A LIMITED SERVICE CHARITABLE FEEDING operation shall comply with

all of the following:

(1) Chapter 1 (commencing with Section 113700).

(2) Chapter 2 (commencing with Section 113728).

(3) Sections 113952, 113953.1, 113953.2, 113953.3, 113980,

144

113982, 113984, 113988, 113990, 113992, 113996, 113998,

114000, 114002, 114002.1, 114014, 114016, 114018, 114020,

114021, 114023, 114024, 114025, 114027, 114031, 114035,

114037, 114041, 114047, 114049, 114051, 114053, 114055, and

114079.

(4) Article 2 (commencing with Section 114390) and Article 3

(commencing with Section 114405) of Chapter 13. A registration

issued pursuant to this chapter shall have the same meaning as

provided in subdivision (b) of Section 113851.

(5) Best management practices approved by the local

ENFORCEMENT AGENCY.

(6) Limitations on the duration of FOOD service, as determined by the

local ENFORCEMENT AGENCY based on the requirements set

forth in paragraphs (1) to (5), inclusive.

(e) A LIMITED SERVICE CHARITABLE FEEDING OPERATION may prepare

and distribute FOOD from a nonresidential building or structure that meets

minimum structural and operating requirements as determined by the local

ENFORCEMENT AGENCY.

(f) A LIMITED SERVICE CHARITABLE FEEDING OPERATION may

distribute FOOD in an outdoor location, not in or adjacent to the registered

location, in compliance with the approved best management practices and

subject to approval by the local ENFORCEMENT AGENCY. FOOD service

under this subdivision shall be limited to no more than four hours per day.

114333.1. Intent of section

Nothing in this chapter is intended to replace or supersede a PERMIT for

any FOOD FACILITY when required by the local ENFORCEMENT AGENCY

pursuant to any other law.

114333.2. Cost Recovery

The local ENFORCEMENT AGENCY may recover the reasonable

regulatory costs of the administration, implementation, investigation, and

enforcement of this chapter from a LIMITED SERVICE CHARITABLE FEEDING

OPERATION.

Chapter 11. Temporary Food Facilities

114335. Applicable requirements

(a) TEMPORARY FOOD FACILITIES that operate at a SWAP MEET are

limited to only PREPACKAGED nonPOTENTIALLY HAZARDOUS

FOOD and whole uncut PRODUCE, and shall meet the applicable

requirements in Chapter 1 (commencing with Section 113700) to Chapter

8 (commencing with Section 114250), inclusive, and Chapter 13

(commencing with Section 114380), unless specifically exempted from

145

any of these provisions.

(b) TEMPORARY FOOD FACILITIES that operate at a COMMUNITY

EVENT shall meet the applicable requirements in Chapter 1

(commencing with Section 113700) to Chapter 8 (commencing with

Section 114250), inclusive, and Chapter 13 (commencing with Section

114380), unless specifically exempted from any of these provisions.

ENFORCEMENT AGENCY based on the FOOD service activity to be

conducted, the type of FOOD that is to be prepared or served, the length

of the event, and the extent of FOOD PREPARATION that is to be

conducted at a COMMUNITY EVENT within a TEMPORARY FOOD

FACILITY.

(d) Notwithstanding subdivision (a), the ENFORCEMENT AGENCY may

allow TEMPORARY FOOD FACILITIES at a SWAP MEET, depending

on the FOOD service activity to be conducted, the type of FOOD that is

to be prepared or served, the duration of the SWAP MEET, and the extent

of FOOD PREPARATION that is to be conducted at the SWAP MEET.

114337. Identification of operator

The name of the facility, city, state, ZIP Code, and name of the operator

shall be legible and clearly visible to patrons. The facility name shall be in letters

at least three inches high, and shall be of a color contrasting with the surface on

which it is posted. Letters and numbers for the city, state, and ZIP Code, may not

be less than one inch in height.

114339. Food from an approved source

(a) No home canned or home processed FOODs shall be permitted within a

TEMPORARY FOOD FACILITY.

(b) Notwithstanding subdivision (a), nonPOTENTIALLY HAZARDOUS

BEVERAGEs and baked goods may be offered for sale, sold, or given

away by a NONPROFIT CHARITABLE ORGANIZATION or by an

established club or organization that operates under the authorization of

a school or educational facility for fundraising purposes at COMMUNITY

EVENTs.

114341. Food preparation at community events

(a) Notwithstanding Section 113984, all FOOD PREPARATION at a

COMMUNITY EVENT shall be conducted within the TEMPORARY

FOOD FACILITY or other APPROVED FOOD FACILITY.

(b) Barbecues, grills or other EQUIPMENT APPROVED for outdoor cooking

may be located adjacent to the TEMPORARY FOOD FACILITY if local

building and fire codes prohibit cooking inside the TEMPORARY FOOD

FACILITY.

separated from public access by using ropes or other APPROVED

methods to prevent contamination of the FOOD and injury to the public.

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114343. Holding temperatures – potentially hazardous food

(a) Except as otherwise provided in Section 113996, during operating hours

of the TEMPORARY FOOD FACILITY, POTENTIALLY HAZARDOUS

FOOD may be held at a temperature not to exceed 45°F for up to 12

hours in any 24-hour period.

(b) At the end of the operating day, POTENTIALLY HAZARDOUS FOOD that

is held at 45°F shall be destroyed in a manner APPROVED by the

ENFORCEMENT AGENCY.

is held at or above 135°F shall be destroyed in a manner APPROVED by

the ENFORCEMENT OFFICER.

114345. Hot and cold beverage counter

TEMPORARY FOOD FACILITIES may include a staffed counter that

serves hot and cold BEVERAGEs and ice that are not POTENTIALLY

HAZARDOUS FOOD and that are dispensed from APPROVED bulk dispensing

units.

114347. Floors

TEMPORARY FOOD FACILITIES that handle nonPREPACKAGED

FOOD shall provide floors constructed of concrete, asphalt, tight wood, or other

similar cleanable material kept in good repair.

114349. Ceilings and outer exclusionary barriers

(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.

TEMPORARY FOOD FACILITIES that are 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.

147

114351. Warewashing facilities

(a) Notwithstanding Section 114095, a WAREWASHING sink may be shared

by no more than four TEMPORARY FOOD FACILITIES that handle

nonPREPACKAGED FOOD if the sink is centrally located and is adjacent

to the sharing facilities.

(b) Notwithstanding subdivision (a), based on the number and types of

UTENSILs used, the local ENFORCEMENT AGENCY may allow up to

eight TEMPORARY FOOD FACILITIES to share a WAREWASHING sink

when easily accessible and located within 100 feet of each TEMPORARY

FOOD FACILITY.

local ENFORCEMENT AGENCY may, in lieu of a warewashing sink,

allow a temporary food facility operating no more than four hours per day

at a single event to provide an adequate supply of utensils and spare

utensils when they have been properly washed and sanitized at an

approved food facility and are stored and kept free of becoming soiled or

contaminated.

114353. Consumer utensils

(a) Except as provided in subdivision (b), a TEMPORARY FOOD FACILITY

shall provide only SINGLE-USE ARTICLES for use by the CONSUMER.

(b) Notwithstanding subdivision (a), based on local environmental conditions,

location, and similar factors, including the type and number of UTENSILs,

as defined in Section 113934, the volume and storage of POTABLE

WATER for WAREWASHING, as defined in Section 113940, and waste

water capacity, storage, and disposal, the local ENFORCEMENT

AGENCY may allow a TEMPORARY FOOD FACILITY to use multiuse

UTENSILs that have been properly washed, rinsed, and sanitized

pursuant to Chapter 5 (commencing with Section 114095), as applicable,

at an approved FOOD FACILITY and are kept free of becoming soiled or

contaminated.

114354. Equip

ment

(a) FOOD-related and UTENSIL-related EQUIPMENT used in conjunction

with a TEMPORARY FOOD FACILITY shall be APPROVED by the

ENFORCEMENT AGENCY.

(b) Cold and hot holding EQUIPMENT shall be provided to insure proper

temperature control during transportation, storage, and operation of the

TEMPORARY FOOD FACILITY.

contamination.

114355. Ice

Ice used for refrigeration purposes shall not be used for consumption in

FOOD or BEVERAGEs.

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114356. Storage of food, utensils and related items

(a) Notwithstanding Section 114047, during periods of operation, supplies

and nonPOTENTIALLY HAZARDOUS FOOD, in unopened containers

may be stored adjacent to the TEMPORARY FOOD FACILITY or in

unopened containers in an APPROVED nearby temporary storage unit.

An "unopened container" means a factory SEALED container that has not

been previously opened and that is suitably constructed to be resistant to

contamination from moisture, dust, insects, and rodents.

(b) During periods of inoperation, FOOD shall be stored within a fully

enclosed TEMPORARY FOOD FACILITY, within a PERMANENT FOOD

FACILITY or other facility APPROVED by the ENFORCEMENT

AGENCY, or in APPROVED FOOD COMPARTMENTs where the FOOD

is protected at all times from contamination, exposure to the elements,

ingress of rodents and other VERMIN, and temperature abuse.

114358. Alternate handwashing facilities

(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.

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.

114359. Toilet facilities

(a) At least one toilet facility for each 15 EMPLOYEEs shall be provided

within 200 feet of each TEMPORARY FOOD FACILITY.

(b) Each toilet facility shall be provided with APPROVED handwashing

facilities.

114361. Cleaning and servicing

TEMPORARY FOOD FACILITIES that operate for more than one day

shall be cleaned and serviced by methods APPROVED by the ENFORCEMENT

AGENCY.

114363. Enforcement officer discretion in imposing requirement

Based upon local environmental conditions, location, and other similar

149

factors, the ENFORCEMENT OFFICER may establish additional structural or

operational requirements, or both, as necessary to ensure that FOODs are of a

safe and sanitary quality.

Chapter 11.5 Cottage Food Operations

114365. Registration and permitting

(a)

(1)

(A) A “Class A” COTTAGE FOOD OPERATION shall not be

open for business unless it is registered with the local

ENFORCEMENT AGENCY and has submitted a

completed, self-certification checklist approved by the local

ENFORCEMENT AGENCY. The self-certification checklist

shall verify that the COTTAGE FOOD OPERATION

conforms to this chapter, including the following

requirements:

(i) No COTTAGE FOOD PREPARATION, packaging,

or handling may occur in the home kitchen

concurrent with any other domestic activities, such

as family meal preparation, dishwashing, clothes

washing or ironing, kitchen cleaning, or guest

entertainment.

(ii) No infants, small children, or pets may be in the

home kitchen during the preparation, packaging,

or handling of any cottage FOOD products.

(iii) Kitchen EQUIPMENT and UTENSILs used to

produce cottage FOOD products shall be clean

and maintained in a good state of repair.

(iv) All FOOD-CONTACT SURFACES, EQUIPMENT,

and UTENSILs used for the preparation,

packaging, or handling of any cottage FOOD

products shall be washed, rinsed, and sanitized

before each use.

(v) All FOOD preparation and FOOD and EQUIPMENT

storage areas shall be maintained free of rodents

and insects.

(vi) Smoking shall be prohibited in the portion of a

private home used for the preparation, packaging,

storage, or handling of cottage FOOD products

and related ingredients or EQUIPMENT, or both,

while cottage FOOD products are being prepared,

packaged, stored, or handled.

(B)

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(i) The DEPARTMENT shall post the requirements

described in subparagraph (A) on its Internet Web

site.

(ii) The local ENFORCEMENT AGENCY shall issue a

registration number to a “Class A” COTTAGE

FOOD OPERATION that meets the requirements

of subparagraph (A).

(C)

(i) Except as provided in (ii), a “Class A” COTTAGE

FOOD OPERATION shall not be subject to initial

or routine inspections.

(ii) For purposes of determining compliance with this

chapter, a representative of a local

ENFORCEMENT AGENCY may access, for

inspection purposes, the registered area of a

private home where a COTTAGE FOOD

OPERATION is located only if the representative

has, on the basis of a consumer complaint, reason

to suspect that ADULTERATED or otherwise

unsafe FOOD has been produced by the

COTTAGE FOOD OPERATION or that the

COTTAGE FOOD OPERATION has violated this

chapter.

(iii) Access under this subparagraph is limited to the

registered area and solely for the purpose of

enforcing or administering this chapter.

(iv) A local ENFORCEMENT AGENCY may seek

recovery from a “Class A” COTTAGE FOOD

OPERATION of an amount that does not exceed

the local ENFORCEMENT AGENCY’s reasonable

costs of inspecting the “Class A” COTTAGE

FOOD OPERATION for compliance with this

chapter, if the “Class A” COTTAGE FOOD

OPERATION is found to be in violation of this

chapter.

(D) A “Class A” COTTAGE FOOD OPERATION shall be

authorized to engage in the direct sales of cottage FOOD

products throughout the state.

(2)

(A) A “Class B” COTTAGE FOOD OPERATION shall not be

open for business unless it obtains a PERMIT from the local

ENFORCEMENT AGENCY in a manner approved by the

local ENFORCEMENT AGENCY to engage in the direct

and indirect sale of cottage FOOD products.

(B)

(i) A “Class B” COTTAGE FOOD OPERATION shall

comply with the requirements described in clauses

(i) to (vi), inclusive, of subparagraph (A) of

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paragraph (1) in addition to the other requirements

of this chapter.

(ii) The local ENFORCEMENT AGENCY shall issue a

permit number after an initial inspection has

determined that the proposed “Class B”

COTTAGE FOOD OPERATION and its method of

operation conform to this chapter.

(C)

(i) Except as provided in this subparagraph, a “Class

B” COTTAGE FOOD OPERATION shall not be

subject to more than one inspection per year by

the local ENFORCEMENT AGENCY.

(ii) For purposes of determining compliance with this

chapter, a representative of a LOCAL

ENFORCEMENT AGENCY, for inspection

purposes, may access the PERMITted area of a

private home where a COTTAGE FOOD

OPERATION is located only if the representative

has, on the basis of a consumer complaint, reason

to suspect that adulterated or otherwise unsafe

FOOD has been produced by the COTTAGE

FOOD OPERATION, or that the COTTAGE FOOD

OPERATION has violated this chapter.

(iii) Access under this subparagraph is limited to the

PERMITted area and solely for the purpose of

enforcing or administering this chapter.

(D) A “Class B” COTTAGE FOOD OPERATION shall be

authorized to engage in the direct and indirect sales of

cottage FOOD products throughout the state.

(b)

(1) A registration or PERMIT, once issued, is nontransferable. A

registration or PERMIT shall be valid only for the person, location,

type of FOOD sales, and distribution activity specified by that

registration or PERMIT, and, unless suspended or revoked for

cause, for the time period indicated.

(2) The registration or PERMIT or an accurate copy thereof shall be

retained by the operator onsite at the time of either direct or

indirect cottage FOOD sale.

(3) A registration or PERMIT shall be renewed annually.

(4) A registration or PERMIT from one county shall be sufficient for a

COTTAGE FOOD OPERATION to operate throughout the state.

(D) A “Class A” COTTAGE FOOD OPERATION shall renew

its registration annually.

(i) For purposes of determining compliance with this

chapter, a representative of a local

ENFORCEMENT AGENCY, for inspection

purposes, may access the permitted area of a

private home where a COTTAGE FOOD

OPERATION is located only if the representative

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has, on the basis of a consumer complaint, reason

to suspect that ADULTERATED or otherwise

unsafe FOOD has been produced by the

COTTAGE FOOD OPERATION, or that the

COTTAGE FOOD OPERATION has violated this

chapter.

(ii) Access under this subparagraph is limited to the

permitted area and solely for the purpose of

enforcing or administering this chapter.

(E)

(i) A “Class B” COTTAGE FOOD OPERATION shall be

authorized to engage in the indirect sales of

cottage food products within the county in which

the “Class B” COTTAGE FOOD OPERATION is

PERMITted.

(ii) A county may agree to allow a “Class B”

COTTAGE FOOD OPERATION PERMITted in

another county to engage in the indirect sales of

cottage food products in the county.

(b)

(1) A registration or PERMIT, once issued, is nontransferable. A

registration or PERMIT shall be valid only for the person,

location, type of FOOD sales, and distribution activity specified

by that registration or PERMIT, and, unless suspended or

revoked for cause, for the time period indicated.

(2) The registration or PERMIT or an accurate copy thereof shall be

retained by the operator onsite at the time of either direct or

indirect cottage food sale.

114365.2. Operational Requirements

A COTTAGE FOOD OPERATION that is registered or has a PERMIT

issued pursuant to Section 114365 shall be considered a RESTRICTED FOOD

SERVICE FACILITY for purposes of, and subject to, Sections 113953.3, 114259.5,

114285, and 114286. A COTTAGE FOOD OPERATION that is registered or has

a PERMIT also shall be subject to Sections 113967, 113973, 113980, 114259.5,

114405, 114407, 114409, 114411, and 114413, and to all of the following

requirements:

(a) A person with a contagious illness shall refrain from work in the registered

or PERMITted area of the COTTAGE FOOD OPERATION.

(b) A person involved in the preparation or packaging of cottage FOOD

products shall keep his or her hands and exposed portions of his or her

arms clean and shall wash his or her hands before any FOOD preparation

or packaging activity in a COTTAGE FOOD OPERATION.

the POTABLE drinking water standards described in Section 113869, or

in accordance with the local regulatory authority. A COTTAGE FOOD

OPERATION shall not be required to have an indirect sewer connection.

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Water used during the preparation of cottage FOOD products includes all

of the following:

(1) The washing, sanitizing, and drying of any equipment used in the

preparation of a cottage FOOD product.

(2) The washing, sanitizing, and drying of hands and arms.

(3) Water used as an ingredient.

(d) A person who prepares or packages cottage FOOD products shall

complete a FOOD processor course approved by the DEPARTMENT and

posted on the DEPARTMENT’s Internet website to protect the public

health within three months of becoming registered and every three years

during operation. The course shall not exceed four hours in length. The

DEPARTMENT shall work with the local ENFORCEMENT AGENCY to

ensure that cottage FOOD operators are properly notified of the location,

date, and time of the classes offered.

(e) A COTTAGE FOOD OPERATION shall properly label all cottage FOOD

products in compliance with the Federal Food, Drug, and Cosmetic Act

(21 U.S.C. Sec. 343 et seq.). Additionally, to the extent permitted by

federal law, the label shall include, but is not limited to, all of the following:

(1) The words “Made in a Home Kitchen” or “Repackaged in a

Home Kitchen,” as applicable, with a description of any

purchased whole ready-to-eat product not used as an

ingredient in 12-point type on the cottage FOOD product’s

primary display panel.

(2) The name commonly used for the FOOD product or an

adequately descriptive name.

(3) The name of the COTTAGE FOOD OPERATION which produced

the cottage FOOD product.

(4) The registration or PERMIT number of the “Class A” or “Class B”

COTTAGE FOOD OPERATION, respectively, which produced

the cottage FOOD product, and the name of the county of the

local ENFORCEMENT AGENCY that issued the permit or

registration number.

(5) The ingredients of the cottage FOOD product, in descending

order of predominance by weight, if the product contains two or

more ingredients.

(f) A COTTAGE FOOD OPERATION that advertises to the public, including

through an internet website, social media platform, newspaper, newsletter,

or other public announcement, shall indicate the following on the

(1) The county of approval.

(2) The PERMIT or registration number.

(3) A statement that the food prepared is “Made in a Home Kitchen”

or “Repackaged in a Home Kitchen,” as applicable.

114365.5. Cottage food product list

(a) The DEPARTMENT shall adopt and post on its Internet Web site a list of

not POTENTIALLY HAZARDOUS FOODs and their ethnic variations that

are approved for sale by a COTTAGE FOOD OPERATION. A cottage

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FOOD product shall not be POTENTIALLY HAZARDOUS FOOD, as

defined in Section 113871.

(b) This list of nonPOTENTIALLY HAZARDOUS FOODs shall include, but not

be limited to, all of the following:

(1) Baked goods without cream, custard, or meat fillings, such as

breads, biscuits, churros, cookies, pastries, and tortillas.

(2) Candy, such as brittle and toffee.

(3) Chocolate-covered nonperishable foods, such as nuts and dried

fruit.

(4) Dried fruit.

(5) Dried pasta.

(6) Dry baking mixes.

(7) Fruit pies, fruit empanadas, and fruit tamales.

(8) Granola, cereals, and trail mixes.

(9) Herb blends and dried mole paste.

(10) Honey and sweet sorghum syrup.

(11) Jams, jellies, preserves, and fruit butter that comply with the

standard described in Part 150 of Title 21 of the Code of Federal

Regulations.

(12) Nut mixes and nut butters.

(13) Popcorn.

(14) Vinegar and mustard.

(15) Roasted coffee and dried tea.

(16) Waffle cones and pizelles.

(c)

(1) The State Public Health Officer may add or delete FOOD

products to or from the list described in subdivision (b), which

shall be known as the APPROVED FOOD products list. Notice

of any change to the APPROVED FOOD products list shall be

posted on the DEPARTMENT’s cottage FOOD program Internet

Web site, to also be known as the program Internet Web site for

purposes of this chapter. Any change to the APPROVED FOOD

products list shall become effective 30 days after the notice is

posted. The notice shall state the reason for the change, the

authority for the change, and the nature of the change. The

notice will provide an opportunity for written comment by

indicating the address to which to submit the comment and the

deadline by which the comment is required to be received by the

DEPARTMENT. The address to which the comment is to be

submitted may be an electronic site. The notice shall allow at

least 20 calendar days for comments to be submitted. The

DEPARTMENT shall consider all comments submitted before

the due date. The DEPARTMENT may withdraw the proposed

change at any time by notification on the program Internet Web

site or through notification by other electronic means. The

approved food products list described in subdivision (b), and any

updates to the list, shall not be subject to the administrative

rulemaking requirements of Chapter 3.5 (commencing with

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Section 11340) of Part 1 of Division 3 of Title 2 of the

Government Code.

(2) The State Public Health Officer shall not remove any items from

the approved FOOD products list unless the State Public Health

Officer also posts information on the program Internet Web site

explaining the basis upon which the removed FOOD item has

been determined to be potentially hazardous.

114365.6. Training

(a) The State Public Health Officer shall provide technical assistance, and

develop, maintain, and deliver commodity-specific training related to the

safe processing and packaging of cottage FOOD products to local

ENFORCEMENT AGENCies.

(b) Local ENFORCEMENT AGENCies may collect a surcharge fee in addition

to any PERMIT fees collected for “Class B” COTTAGE FOOD

OPERATIONs. The surcharge fee shall not exceed the reasonable costs

that the DEPARTMENT incurs through the administration of the training

described in subdivision (a) to protect the public health. The surcharge

fees collected shall be transmitted to the DEPARTMENT in a manner

established by the DEPARTMENT to be deposited in the Food Safety

Fund. The DEPARTMENT shall use the surcharge fees only to develop

and deliver the training described in subdivision (a) to local

ENFORCEMENT AGENCY personnel on an ongoing basis.

CHAPTER 11.6. Microenterprise Home Kitchen

Operation

114367. Discretion to authorize

The governing body of a city, county, or city and county that is

designated as the ENFORCEMENT AGENCY, as defined in Section 113773, may

authorize, by ordinance or resolution, within its jurisdiction the PERMITting of

MICROENTERPRISE HOME KITCHEN OPERATIONs in accordance with this

chapter. If a governing body of a city, county, or city and county authorizes the

PERMITting of MICROENTERPRISE HOME KITCHEN OPERATIONs, the

authorization shall apply to all areas within its jurisdiction, including being

applicable to all cities within a county that authorizes MICROENTERPRISE HOME

KITCHEN OPERATIONs, regardless of whether each city located within the

jurisdiction of the county separately authorizes them.

114367.1. Re

stricted food service facility

(a) A MICROENTERPRISE HOME KITCHEN OPERATION, as defined in

Section 113825, shall be considered a RESTRICTED FOOD SERVICE

FACILITY for purposes of, and subject to all applicable requirements of,

Chapter 1 (commencing with Section 113700) to Chapter 9 (commencing

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with Section 114265), inclusive, Chapter 12.6 (commencing with Section

114377), and Chapter 13 (commencing with Section 114380), except as

otherwise provided in this chapter.

(b) A MICROENTERPRISE HOME KITCHEN OPERATION shall be exempt

from all of the following provisions:

(1) Handwashing facilities requirements, as required in Section

113953, provided that a handwashing sink is supplied with

WARM WATER and located in the toilet room and supplied, as

specified in Section 113953.2.

(2) Any provision in this part relating to sinks, WAREWASHING

machines, and manual or machine sanitation, including but not

limited to, Sections 114099, 114099.2, 114099.4, 114101.1,

114101.2, 114103, 114107, 114123, 114125, 114163, and

114279, provided that the following conditions are met:

(A) UTENSILs and EQUIPMENT are able to be properly

cleaned and sanitized.

(B) The sink in a MICROENTERPRISE HOME KITCHEN

OPERATION has hot and cold water and is fully operable.

with the manufacturer’s specifications.

(3) Prohibition on the presence of persons unnecessary to the FOOD

FACILITY operation in the FOOD PREPARATION, FOOD

STORAGE, or WAREWASHING areas, as specified in Section

113945.1, provided that the PERMITHOLDER takes steps to

avoid any potential contamination to FOOD, clean EQUIPMENT,

UTENSILs, and unwrapped single-service and SINGLE-USE

ARTICLES and prevents a person suffering from symptoms

associated with ACUTE GASTROINTESTINAL ILLNESS or

person known to be infected with a communicable disease that is

transmissible through FOOD to enter the FOOD PREPARATION

area while FOOD is being prepared as part of a

MICROENTERPRISE HOME KITCHEN OPERATION.

(4) No smoking sign posting requirements, as specified in Section

113978.

(5) Limitations on EMPLOYEE consumption of FOOD, drink, or

tobacco outside of designated areas, as specified in Sections

113977 and 114256, provided that the PERMITHOLDER takes

steps to avoid any potential contamination to FOOD, clean

EQUIPMENT, UTENSILs, and unwrapped single-service and

SINGLE-USE ARTICLES and prevents a person suffering from

symptoms associated with ACUTE GASTROINTESTINAL

ILLNESS or person known to be infected with a communicable

disease that is transmissible through FOOD to enter the FOOD

PREPARATION area while FOOD is being prepared as part of a

MICROENTERPRISE HOME KITCHEN OPERATION.

(6) Limitations on consumer access to the FOOD FACILITY through

FOOD preparation areas, as specified in Section 113984.1,

provided that the PERMITHOLDER takes steps to avoid any

potential contamination to FOOD, clean EQUIPMENT,

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UTENSILs, and unwrapped single-service and SINGLE-USE

ARTICLES and prevents a person suffering from symptoms

associated with ACUTE GASTROINTESTINAL ILLNESS or

person known to be infected with a communicable disease that is

transmissible through FOOD to enter the FOOD preparation area

while FOOD is being prepared as part of a MICROENTERPRISE

HOME KITCHEN OPERATION.

(7) Display guard, cover, and container requirements, as specified in

Secti

on 114060, provided that any FOOD on display that is not

protected from the direct line of a consumer’s mouth by an

effective means is not served or sold to any subsequent

consumer.

(8) Requirements to provide clean drinking cups and tableware for

second portions and BEVERAGE refills, as specified in Section

114075.

(9) Requirements pertaining to the characteristics and certification of

UTENSILs and EQUIPMENT, as specified in Sections 114130

and 114139, provided that UTENSILs and EQUIPMENT are

designed to retain their characteristic qualities under normal use

conditions.

(10) Requirements pertaining to the characteristics, construction,

and multiuse of FOOD-contact and nonFOOD-contact surfaces,

as specified in Sections 114130.3 and 114130.4, provided that

FOOD contact surfaces are smooth, easily cleanable, and in

good repair.

(11) Requirements pertaining to the characteristics, construction,

and disassembly of clean in place (CIP) EQUIPMENT, as

specified in Section 114130.5.

(12) Limitations on the use of wood as a FOOD CONTACT

SURFACE and in connection with other EQUIPMENT, as

specified in Section 114132, provided that hard maple or

equivalent wood is approved for use in direct contact with FOOD

during preparation.

(13) Any provision in this part relating to ventilation, including, but not

limi

ted to, Article 2 (commencing with Section 114149) of

Chapter 6, provided that gases, odors, steam, heat, grease,

vapors, and smoke are able to escape from the kitchen.

(14) Requirements that cold or hot holding EQUIPMENT used for

POTENTIALLY HAZARDOUS FOOD be equipped with integral

or permanently affixed TEMPERATURE MEASURING DEVICE

or product mimicking sensors, as specified in subdivision (c) of

Section 114157.

(15) Requirements pertaining to the installation of fixed, floor-

mounted, and table-mounted EQUIPMENT, as specified in

Section 114169.

(16) Dedicated laundry facility requirements, as specified in Section

114185.5, provided that linens used in connection with the

MICROENTERPRISE HOME KITCHEN OPERATION shall be

laundered separately from the household and other laundry.

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(17) Requirements pertaining to water, plumbing, drainage, and

waste, as specified in Sections 114193, 114193.1, and

114245.7.

(18) Any requirement that a MICROENTERPRISE HOME KITCHEN

OPERATION have more than one toilet facility or that access to

the toilet facility not require passage through the FOOD

PREPARATION, FOOD storage, or UTENSIL washing areas,

including, but not limited to, the requirements specified in

Sections 114250 and 114276.

(19) Light intensity, light source, and lightbulb requirements, as

specified in Sections 114252 and 114252.1, provided that

FOOD PREPARATION areas are well lighted by natural or

artificial light whenever FOOD is being prepared.

(20) Requirements to provide and use lockers, storage facilities, and

designated dressing areas, and that FOOD FACILITY premises

be free of litter and items that are unnecessary to the operation,

as specified in Sections 114256.1 and 114257.1, provided that

personal effects and clothing not ordinarily found in a home

kitchen are placed or stored away from FOOD PREPARATION

areas and dressing takes place outside of the kitchen.

(21) Limitations on the presence and handling of animals, such as

domestic, service, or patrol animals, as specified in Sections

114259.4 and 114259.5, provided that all animals are kept

outside of the kitchen and dining areas during FOOD service

and preparation.

(22) Requirements pertaining to floor, wall, and ceiling surfaces, as

specified in Sections 114268, 114269, and 114271, provided

that the floor, wall, and ceiling surfaces of the kitchen, storage,

and toilet areas are smooth, of durable construction, and easily

cleanable with no limitations on the use of wood, tile, and other

nonfiber floor surfaces ordinarily used in residential settings.

(23) Any local evaluation or grading system for food facilities, as

authorized by Section 113709.

(24) All prohibitions and limitations on the use of a kitchen in a private

home as a FOOD FACILITY, including, but not limited to,

prohibitions and limitations specified in Section 114285,

provided that FOOD is not prepared in designated sleeping

quarters. Open kitchens adjacent to living and sleeping areas,

kitchens in efficiency, studio, and loft-style residences, and

kitchens without doors at all points of ingress and egress may

be used in MICROENTERPRISE HOME KITCHEN

OPERATIONs.

(25) Planning and permitting provisions of Sections 114380 and

114381.2.

OPEN-AIR BARBECUE or OUTDOOR WOOD-BURNING OVEN,

pursuant to the requirements of Section 114143.

(d) The operator of a MICROENTERPRISE HOME KITCHEN OPERATION

shall successfully pass an approved and accredited FOOD safety

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certification examination, as specified in Section 113947.1.

(e) Any individual, other than the operator, who is involved in the

preparation, storage, or service of FOOD in a MICROENTERPRISE

HOME KITCHEN OPERATION shall be subject to the FOOD HANDLER

card requirements specified in Section 113948.

(f) A MICROENTERPRISE HOME KITCHEN OPERATION shall only offer

for sale or sell FOOD that was prepared during a FOOD demonstration

or preparation event to a CONSUMER who was present at that FOOD

demonstration or preparation event.

114367.2. Per

mit requirements

(a) A MICROENTERPRISE HOME KITCHEN OPERATION shall not be

open for business unless it has obtained a permit issued from the

ENFORCEMENT AGENCY.

(b) The department shall post on its internet website the requirements for

the permitting of a MICROENTERPRISE HOME KITCHEN

OPERATION, pursuant to this chapter and any ordinance, resolution,

or rules adopted by any city or county, or city and county, that has

authorized the permitting of MICROENTERPRISE HOME KITCHEN

OPERATIONs, which shall be written at a high school level.

written standard operating procedures that include all of the following

information:

(1) All FOOD types or products that will be handled.

(2) The proposed procedures and methods of FOOD

PREPARATION and handling.

(3) Procedures, methods, and schedules for cleaning UTENSILs,

EQUIPMENT, and for the disposal of refuse.

(4) How FOOD will be maintained at the required holding

temperatures, as specified in Section 113996, pending pickup

by CONSUMER or during delivery.

(5) Days and times that the home kitchen will potentially be utilized

as a MICROENTERPRISE HOME KITCHEN OPERATION.

The stated day and times are not binding on the

PERMITHOLDER and shall be used for information purposes

only.

(d)

(1) The ENFORCEMENT AGENCY shall issue a permit after an

initial inspection has determined that the proposed

MICROENTERPRISE HOME KITCHEN OPERATION and its

method of operation comply with the requirements of this

chapter.

(2) An ENFORCEMENT AGENCY shall not require a

MICROENTERPRISE HOME KITCHEN OPERATION to

comply with FOOD safety requirements that are different from,

or in addition to, the requirements of this chapter.

(e) For purposes of permitting, the permitted area includes the home

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kitchen, onsite CONSUMER eating area, FOOD storage, UTENSILs

and EQUIPMENT, toilet room, janitorial or cleaning facilities, and

refuse storage area. FOOD operations shall not be conducted outside

of the permitted areas.

(f) An ENFORCEMENT AGENCY may require A MICROENTERPRISE

HOME KITCHEN OPERATION to renew its PERMIT annually.

(g) A PERMIT, once issued, is nontransferable. A PERMIT shall be valid

only for the person and location specified by that PERMIT, and, unless

suspended or revoked for cause, for the time period indicated.

(h) The PERMIT, or an accurate copy thereof, shall be retained by the

operator onsite and displayed at all times the MICROENTERPRISE

HOME KITCHEN OPERATION is in operation.

(i) An ENFORCEMENT AGENCY may collect a fee for the issuance of a

PERMIT pursuant to this chapter in an amount that does not exceed

the reasonable administrative costs by the ENFORCEMENT

AGENCY in issuing the PERMIT.

114367.3. Regulation

(a) Notwithstanding any other law, a MICROENTERPRISE HOME

KITCHEN OPERATION shall only be subject to the three following

types of inspections by the ENFORCEMENT AGENCY:

(1) A routine inspection for the purpose of allowing THE

ENFORCEMENT AGENCY to observe the PERMITHOLDER

engage in the usual activities of a MICROENTERPRISE HOME

KITCHEN OPERATION, including, but not limited to, active

FOOD PREPARATION. The ENFORCEMENT AGENCY shall

provide notice to a PERMITHOLDER before a routine inspection

and shall conduct the routine inspection at a mutually agreeable

date and time. A MICROENTERPRISE HOME KITCHEN

OPERATION shall not be subject to more than one routine

inspection within 12 months. This paragraph shall not be

deemed to require the ENFORCEMENT AGENCY to conduct a

routine inspection.

(2) An investigation inspection for the purpose of allowing the

ENFORCEMENT AGENCY to perform an inspection when the

ENFORCEMENT AGENCY has just cause that

ADULTERATED or otherwise unsafe FOOD has been produced

or served by the MICROENTERPRISE HOME KITCHEN

OPERATION or that the PERMITHOLDER has otherwise

violated this part. One or more consumer complaints may

constitute just cause for an investigation inspection. The

ENFORCEMENT AGENCY shall provide notice to a

PERMITHOLDER before an investigation inspection and shall

conduct the investigation inspection at a mutually agreeable

date and time.

(3) An emergency inspection for the purpose of allowing the

ENFORCEMENT AGENCY to perform a limited inspection

when the ENFORCEMENT AGENCY has just cause that the

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MICROENTERPRISE HOME KITCHEN OPERATION poses a

serious hazard or immediate threat to public health. To the

extent that notice of an emergency inspection is reasonable

under the circumstances, the ENFORCEMENT AGENCY shall

provide notice to a PERMITHOLDER before an emergency

inspection. The scope of emergency inspection shall be limited

in duration and scope to address the facts giving just cause that

the MICROENTERPRISE HOME KITCHEN OPERATION

poses a serious HAZARD or immediate threat to public health.

(b) The ENFORCEMENT AGENCY shall only inspect the PERMITted

area of the MICROENTERPRISE HOME KITCHEN OPERATION for

the purpose of enforcing or administering this part.

MICROENTERPRISE HOME KITCHEN OPERATION of an amount

that does not exceed the ENFORCEMENT AGENCY’s reasonable

costs of inspecting the MICROENTERPRISE HOME KITCHEN

OPERATION for compliance with this part if THE

MICROENTERPRISE HOME KITCHEN OPERATION is found to be

in violation of this part.

114367.4. Residential zoning

(a)

(1) A city, county, or city and county shall not prohibit the operation

of, require a PERMIT to operate, require a rezone of the

property for, or levy any fees on, or impose any other restriction

on, a MICROENTERPRISE HOME KITCHEN OPERATION in

any residential dwelling for zoning purposes. A

MICROENTERPRISE HOME KITCHEN OPERATION shall be

a PERMITted use of residential property in any residential

dwelling for zoning purposes if the MICROENTERPRISE

HOME KITCHEN OPERATION complies with both of the

following criteria:

(A) Abstain from posting signage or other outdoor displays

advertising the MICROENTERPRISE HOME KITCHEN

OPERATION.

(B) Be in compliance with applicable local noise ordinances.

(2) This subdivision does not supersede or otherwise limit the

investigative and enforcement authority of the city, county, or

city and county with respect to violations of its nuisance

ordinances.

(b) The use of a residence for the purposes of a MICROENTERPRISE

HOME KITCHEN OPERATION shall not constitute a change of

occupancy for purposes of the State Housing Law (Part 1.5

(commencing with Section 17910) of Division 13 of the Health and

Safety Code), or for purposes of local building and fire codes.

considered a residence for the purposes of the State Uniform

Building Standards Code and local building and fire codes.

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114367.5. Food delivery personnel

(a) A person delivering FOOD on behalf of a MICROENTERPRISE

HOME KITCHEN OPERATION with a PERMIT issued pursuant to

Section 114367.2 shall be an EMPLOYEE of the

MICROENTERPRISE HOME KITCHEN OPERATION or a family

member or household member of the PERMITHOLDER.

(b)

(1) Except as provided in paragraph (2), FOOD produced in a

MICROENTERPRISE HOME KITCHEN OPERATION shall

not be delivered by a third-party delivery service.

(2)

(A) FOOD produced in a MICROENTERPRISE HOME

KITCHEN OPERATION may be delivered by a third-

party delivery service to an individual who has a

physical or mental condition that is a disability which

limits the individual’s ability to access the FOOD

without the assistance of a third-party delivery

service.

(B) A MICROENTERPRISE HOME KITCHEN

OPERATION or an internet FOOD service

intermediary that offers or facilitates FOOD delivery

pursuant to subparagraph (A) shall do all of the

following:

(i) Record and maintain a record of the number and

dates of FOOD deliveries made pursuant to

subparagraph (A). A MICROENTERPRISE HOME

KITCHEN OPERATION shall make the record

available to an ENFORCEMENT AGENCY pursuant

to any inspection authorized pursuant to Section

114367.3. An internet FOOD service intermediary

shall make the record available to an

ENFORCEMENT AGENCY upon request.

(ii) Clearly and conspicuously post on its internet

website or mobile application alongside any

mention of third-party delivery options a notice that

a third-party delivery service is prohibited from

delivering FOOD except to an individual who has a

physical or mental condition that is a disability

which limits the individual’s ability to access the

FOOD without the assistance of a third-party

delivery service.

pursuant to subparagraph (A) does not apply to dine-

in meals sold for consumption on the premises of a

MICROENTERPRISE HOME KITCHEN or to cooking

classes or demonstrations.

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114367.6. Internet food service intermediary

(a) An internet food service intermediary that lists or promotes a

MICROENTERPRISE HOME KITCHEN OPERATION on its

Internet Web site or mobile application shall meet all of the following

requirements:

(1) Be registered with the DEPARTMENT. A registration, once

issued, is nontransferable. A registration shall be valid only for

the person and type of business specified by that registration,

and unless suspended or revoked for cause by the

DEPARTMENT.

(2) Prior to the listing or publication of a MICROE

NTERPRISE

HOME KITCHEN OPERATION’s offer of FOOD for sale,

clearly and conspicuously post on its internet website or mobile

application the requirements for the permitting of a

MICROENTERPRISE HOME KITCHEN specified in this

chapter, which shall be written at the high school level and be

provided by the DEPARTMENT.

(3) Clearly and conspicuously post on its internet we

bsite or

mobile application the fees associated with using its platform

and fees associated with third-party delivery service pursuant

to paragraph (2) of subdivision (b) of Section 114367.5 in a

manner that allows both the CONSUMER and the

MICROENTERPRISE HOME KITCHEN OPERATION to see

and understand the amount being charged for the services

provided by the internet FOOD service intermediary. The

internet FOOD service intermediary shall notify the

MICROENTERPRISE HOME KITCHEN OPERATION of any

changes to these fees exceeding a 2-percent increase in

writing and no later than one month before the changes take

effect.

(4) Clearly and conspicuously post on its internet we

bsite or

mobile application whether or not it has liability insurance that

would cover any incidence arising from the sale or

consumption of FOOD listed or promoted on its Internet Web

site or mobile application.

(5) Provide a dedicated field on its platform for a

MICR

OENTERPRISE HOME KITCHEN OPERATION to post

the permit number and the name of the ENFORCEMENT

AGENCY that issued the PERMIT.

(6) Clearly and conspicuously post on its internet we

bsite or

mobile application how a consumer can contact the internet

FOOD service intermediary through its internet website or

mobile application if the consumer has a FOOD safety or

hygiene complaint and a link to the DEPARTMENT’s internet

website that contains information for how to file a complaint

with the ENFORCEMENT AGENCY.

(7) Submit the name and PERMIT number of a

MICROENTERPRISE HOME KITCHEN OPERATION to the

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ENFORCEMENT AGENCY that issued the PERMIT to the

MICROENTERPRISE HOME KITCHEN OPERATION if the

internet FOOD service intermediary receives, through its

internet website or mobile application, three or more unrelated

individual FOOD safety or hygiene complaints in a calendar

year from CONSUMERs that have made a purchase through

its internet website or mobile application. The internet FOOD

service intermediary shall submit this information to the

ENFORCEMENT AGENCY within two weeks of the third

complaint received.

(8) If it is notified by the ENFORCEMENT AGENCY of significant

FOOD s

afety related complaints from a verified CONSUMER

that has made a purchase through its internet website or mobile

application, submit to the ENFORCEMENT AGENCY the

name and PERMIT number of MICROENTERPRISE HOME

KITCHEN OPERATION where the FOOD was purchased, and

a list of CONSUMERs who purchased FOOD on the same day

from that MICROENTERPRISE HOME KITCHEN

OPERATION through its internet website or mobile application.

(9) Prior to the listing or publication of a MICROENTERPRISE

HOME KITCHEN OPERATION’s offer of FOOD for sale, obtain

consent from the MICROENTERPRISE HOME KITCHEN

OPERATION to make the disclosures to government entities

required pursuant to this section.

(10) Shall not permit the use of the word “catering” or any variation

of that word in a listing or publication of a

MICROENTERPRISE HOME KITCHEN OPERATION’s offer

of FOOD for sale.

(11) Shall not use, or knowingly facilitate the use of, a third-party

delivery service for FOOD produced by the

MICROENTERPRISE HOME KITCHEN OPERATION,

except as authorized pursuant to paragraph (2) of subdivision

(b) of Section 114367.5.

(b) For purposes of this chapter, an “internet food service intermediary”

means

an entity that provides a platform on its internet website or

mobile application through which a MICROENTERPRISE HOME

KITCHEN OPERATION may choose to offer FOOD for sale and

from which the internet food service intermediary derives revenues,

including, but not limited to, revenues from advertising and fees for

services offered to a MICROENTERPRISE HOME KITCHEN

OPERATION. Services offered by an internet food service

intermediary to a MICROENTERPRISE HOME KITCHEN

OPERATION may include, but are not limited to, allowing

MICROENTERPRISE HOME KITCHEN OPERATION to advertise

its FOOD for sale and providing a means for potential

CONSUMERs to arrange payment for the FOOD, whether the

CONSUMER pays directly to THE MICROENTERPRISE HOME

KITCHEN OPERATION or to the internet food service intermediary.

Merely publishing an advertisement for the MICROENTERPRISE

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HOME KITCHEN OPERATION or FOOD cooked therein does not

make the publisher an internet food service intermediary.

(c)

(1) A MICROENTERPRISE HOME KITCHEN OPERATION that

advertises to the public, including, but not limited to, advertising

by website, internet, social media platform, newspaper,

newsletter, or other public announcement, shall include all of the

following within the advertisement:

(A) Name of the ENFORCEMENT AGENCY that issued

the PERMIT.

(B) PERMIT number.

Home Kitchen” in a clear and conspicuous font and

location within a written advertisement and an audible

and comprehensible manner in a verbal advertisement.

(2) A MICROENTERPRISE HOME KITCHEN OPERATION shall not

use the word “catering” or any variation of that word in an

advertisement relating to the MICROENTERPRISE HOME

KITCHEN OPERATION’s offer of FOOD for sale.

CHAPTER 11.7. Compact Mobile Food Operation

114368. Applicable Requirements

A compact mobile food operation, as defined in subdivision (c) of Section

113831, shall meet the applicable requirements of Chapter 10 (commencing with

Section 114294), except as provided in this chapter.

114368.1. Permitting

(a) Any compact mobile food operation with 25 square feet or less of

display area from which only prepackaged nonPOTENTIALLY

HAZARDOUS FOOD and whole uncooked PRODUCE is sold is exempt

from the requirements of this part, except that the facility shall comply

with all of the following:

(1) Sections 113980, 114047, 114049, 114390, 114393, 114397,

and 114399.

(2) Chapter 1 (commencing with Section 113700).

(3) Chapter 2 (commencing with Section 113728).

(b)

(1) A local ENFORCEMENT AGENCY may inspect a compact

mobile food operation that is exempt, as specified in

subdivision (a), during the facility’s hours of operation and other

reasonable times on the basis of a CONSUMER complaint or

just cause.

(2) For the purposes of determining compliance with this chapter,

a compact mobile food operation that is not exempt as

specified in subdivision (a) is subject to PERMITting and

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routine inspections or inspections on the basis of a

CONSUMER complaint or just cause.

investigation and enforcement of this section, subject to any

limitations in this part on fines issuable to compact mobile food

operations.

114368.2. Limited Food Preparation

(a) Compact mobile food operations shall conduct only LIMITED FOOD

PREPARATION, as defined in Section 113818. Notwithstanding any

other provision of this part, a compact mobile food operation, as

defined in subdivision (c) of Section 113831, may display or sell

FOOD outdoors, if all of the following conditions are satisfied:

(1) Overhead protection are provided above all FOOD display

areas.

(2) FOOD items from the outdoor display are stored consistent

with this chapter at all times other than during business hours.

(3) Outdoor displays comply with Section 113980 and have been

approved by the ENFORCEMENT AGENCY if the compact

mobile food operation is required to obtain a permit.

(b) A compact mobile food operation shall not sell FOOD other than

nonPOTENTIALLY HAZARDOUS PREPACKAGED FOOD or whole

PRODUCE, or conduct any FOOD PREPARATION, unless it meets

the applicable operational requirements of this chapter, including

applicable requirements for integral EQUIPMENT, handwashing,

and restroom access.

operation shall either be permanently attached to the primary unit or

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.

(d) A compact mobile food operation operating from an individual shall

not conduct any FOOD PREPARATION or sell FOODs other than

nonPOTENTIALLY HAZARDOUS PREPACKAGED FOOD or whole

PRODUCE.

114368.3 Cottage Food, Microenterprise Home Kitchen Commissary Or

Mobile Support Unit

(a)

(1) A PERMITted COTTAGE FOOD OPERATION or

MICROENTERPRISE HOME KITCHEN OPERATION may

serve as a COMMISSARY or MOBILE SUPPORT UNIT for up

to two compact mobile food operations if the COTTAGE FOOD

OPERATION or MICROENTERPRISE HOME KITCHEN

OPERATION PERMIT includes an endorsement from the local

ENFORCEMENT AGENCY that the COTTAGE FOOD

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OPERATION or MICROENTERPRISE HOME KITCHEN

OPERATION is capable of supporting the preparation and

storage of the FOOD being sold from the compact mobile food

operation and the storage and cleaning of the compact mobile

food operation.

(2) Transactions at a compact mobile food operation operated by a

cottage food operator shall constitute “direct sales” for the

purposes of paragraph (4) of subdivision (b) of Section 113758.

(3) Transactions at up to two compact mobile food operations

operated by a COTTAGE FOOD OPERATOR shall not count

toward the annual gross sales restrictions in Section 113758

applicable to COTTAGE FOOD OPERATIONs if the governing

body has authorized this action.

(4) NonPOTENTIALLY HAZARDOUS FOODs prepared in a

COTTAGE FOOD OPERATION may be served from a compact

mobile food operation.

(5) FOOD prepared in a MICROENTERPRISE HOME KITCHEN

OPERATION may be served from a compact mobile food

operation operated by the MICROENTERPRISE HOME

KITCHEN OPERATION PERMIT HOLDER.

(6) The meal and gross annual sales limitations in paragraphs (7)

and (8) of subdivision (a) of Section 113825 do not apply to the

sale of nonPOTENTIALLY HAZARDOUS FOOD or produce for

up to two compact mobile food operations operated by the

MICROENTERPRISE HOME KITCHEN OPERATION if the

governing body has authorized this action.

(7) With the authorization of the governing body and if the

ENFORCEMENT AGENCY determines that the operation does

not pose a public health hazard, a PERMITted

MICROENTERPRISE HOME KITCHEN OPERATION may

serve as a COMMISSARY for up to two compact mobile food

operations. The meal and gross annual sales limitations in

paragraphs (7) and (8) of subdivision (a) of Section 113825

apply unless the governing body sets a higher meal and income

limitation.

(8) The governing body of a local jurisdiction that PERMITs

MICROENTERPRISE HOME KITCHEN OPERATIONs

pursuant to Section 114367, may set the meal and income

limitations in paragraphs (7) and (8) of subdivision (a) of Section

113825 at a higher level than provided in those paragraphs for

MICROENTERPRISE HOME KITCHEN OPERATIONs that

operate in conjunction with a compact mobile food operation.

Notwithstanding this subdivision, the levels in effect, by statute

or ordinance, as of January 1, 2023, shall remain in effect until

changed by the local jurisdiction.

(b)

(1) Existing PERMANENT FOOD FACILITIES may be PERMITted

to support the operations and storage of compact mobile food

operations pursuant to the requirements of this section.

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(2) Notwithstanding any other provision of this part, upon an

evaluation verifying that a PERMANENT FOOD FACILITY

satisfies subdivisions (a) to (f), inclusive, of Section 114326, an

ENFORCEMENT AGENCY shall approve the use of a permitted

PERMANENT FOOD FACILITY to satisfy the requirements of

Section 114295 for a compact mobile food operation.

(3) Notwithstanding any other provision of this part, upon an

evaluation verifying that the compact mobile food operation will

be stored in a manner that protects the compact mobile food

operation from contamination, an ENFORCEMENT AGENCY

shall approve the storage of a compact mobile food operation in

a PERMITted permanent FOOD FACILITY.

(4) Except when a determination is made by the ENFORCEMENT

AGENCY that any nonconforming structural conditions pose a

public health hazard, the ENFORCEMENT AGENCY may

approve a facility to support operations of a compact mobile food

operation.

(5) Plan submission shall not be required for an existing

PERMANENT FOOD FACILITY to support the operations of a

compact mobile food operation when a determination is made

by the local ENFORCEMENT AGENCY that the current

operation and structural facilities of the permanent FOOD

FACILITY can successfully provide the necessary functions of a

commissary for a compact mobile food operation.

(6) An approved PERMANENT FOOD FACILITY that will be used

for cooling of FOOD for a compact mobile food operation shall

be approved by the ENFORCEMENT AGENCY for cooling.

(c)

(1) Unless prohibited by local ordinance, an ENFORCEMENT

AGENCY may allow the use of a private home for the storage of

a compact mobile food operation if it determines, after an

evaluation, that storage in the private home would not pose a

public health hazard and that the compact mobile food operation

will be stored in a manner that protects the compact mobile food

operation from contamination.

(2) No more than two compact mobile food operations may be

stored in a private home unless the ENFORCEMENT AGENCY

finds that storage of more than two compact mobile food

operations in a private home would not pose a public health

hazard.

(3) The storage area within the home shall be designated and

clearly identified upon approval and shall not be relocated

without the review and approval of the local ENFORCEMENT

AGENCY.

(4) Prepackaged nonPOTENTIALLY HAZARDOUS FOOD, whole

fruits, and whole vegetables may be stored in the home prior to

sale or preparation of that FOOD in a compact mobile food

operation.

(5) FOOD prepared in a private home shall not be used or offered

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for sale on a compact mobile food operation, unless it is a

permitted COTTAGE FOOD OPERATION or

MICROENTERPRISE HOME KITCHEN OPERATION pursuant

to subdivision (a). Violation of this paragraph may result in

suspension or revocation of the permit to operate the compact

mobile food operation.

(6) For purposes of determining compliance with this subdivision, a

local ENFORCEMENT AGENCY may access, for inspection

purposes, a private home where a compact mobile food

operation is stored only if the representative has, on the basis of

a CONSUMER complaint, reason to suspect that the home is

being used for FOOD PREPARATION, FOOD storage, or

unauthorized storage of UTENSILs or other FOOD FACILITY

equipment in violation of this subdivision.

(d) At the end of the operating day, POTENTIALLY HAZARDOUS

FOOD that is prepared on or served from a compact mobile food

operation shall be destroyed in a manner approved by the

ENFORCEMENT AGENCY.

(e) For the purposes of this chapter, an endorsement by the local

ENFORCEMENT AGENCY shall be a documented and recorded

approval of compliance with applicable sections. An endorsement

may include an inspection or evaluation, but shall not require a

registration or PERMIT.

(f) The ENFORCEMENT AGENCY may collect a fee for any PERMIT,

endorsement, inspection, or evaluation issued or conducted

pursuant to this chapter in an amount that does not exceed the

reasonable administrative costs of the ENFORCEMENT AGENCY.

114368.4. Warewashing and handwashing requirements

(a) Except as provided in subdivision (b), a compact mobile food

operation that is approved for LIMITED FOOD PREPARATION that

prepares raw MEAT, raw POULTRY, or raw FISH is subject to

WAREWASHING and handwashing facility requirements as outlined

in Chapter 10 (commencing with Section 114294).

(b)

(1) A compact mobile food operation may satisfy the requirements

of Sections 114313 and 114314 by demonstrating access to a

PERMITted auxiliary conveyance containing the necessary

handwashing and WAREWASHING sinks when operating at a

site-specific location. The auxiliary conveyance may be

operated by the same or a different PERMIT HOLDER. An

ENFORCEMENT AGENCY may PERMIT an auxiliary

conveyance to serve multiple compact MOBILE FOOD

OPERATIONs operating in close proximity to the auxiliary

conveyance, as determined by the ENFORCEMENT AGENCY.

(2) If an auxiliary conveyance is not operated by the PERMIT

HOLDER of the compact mobile food operation, the operator of

the auxiliary conveyance shall obtain a PERMIT from the

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ENFORCEMENT AGENCY to operate the auxiliary conveyance

and service compact mobile food operations.

(3) The PERMIT application for an auxiliary conveyance not

operated by a compact mobile food operation shall include a site

plan and shall be submitted to the ENFORCEMENT AGENCY

at least two weeks prior to the operation of any FOOD FACILITY

in conjunction with the auxiliary conveyance.

(4) The site plan for an auxiliary conveyance not operated by a

compact mobile food operator shall show the proposed location

and storage of the auxiliary conveyance, the proposed locations

of any FOOD FACILITIES that will utilize the auxiliary

conveyance, restrooms, REFUSE containers, POTABLE

WATER supply faucets, waste water disposal facilities, and all

shared WAREWASHING and handwashing facilities.

FOOD PREPARATION that does not prepare raw MEAT, raw

POULTRY, or raw FISH shall do one of the following:

(1) Provide a three-compartment sink as described in subdivision

(a) of Section 114313.

(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

drain board, 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) of Section 114313 in reasonable proximity to,

and readily accessible for use by, FOOD EMPLOYEEs at all

times.

(4) Maintain an adequate supply of spare preparation and serving

UTENSILs on the compact mobile food operation to ensure that

UTENSILs used for POTENTIALLY HAZARDOUS FOODs are

replaced with clean and sanitized UTENSILs every four hours or

as needed to replace those that become soiled or contaminated.

A compact mobile food operation that complies with this

paragraph is not required to provide a WAREWASHING sink.

(d) A compact mobile food operation that is approved for LIMITED

FOOD PREPARATION that does not prepare raw MEAT, raw

POULTRY, or raw FISH shall provide an integral handwashing

sink with at least five gallons of POTABLE WATER to operate

with a POTABLE WATER tank with a capacity of at least five

gallons for handwashing.

(e) An ENFORCEMENT AGENCY may PERMIT a compact mobile

food operation to operate with an integral water tank smaller

than specified under subdivision (c) or (d) of Section 114217 if

the ENFORCEMENT AGENCY finds that the compact mobile

food operation is operating in an area and manner that would

allow for replenishment of the water supply as needed during

operations.

(f) A compact mobile food operation shall submit, to the

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ENFORCEMENT AGENCY, written operating procedures that

include the process of filling POTABLE WATER tanks if it will

operate with a water tank with a capacity of less than five gallons

specified in subdivisions (c) and (d) of Section 114217.

(g) A compact mobile food operation that does not prepare raw

MEAT, raw POULTRY, or raw FISH is exempt from any

provision of this part requiring it be equipped with a water heater

or otherwise be supplied with WARM WATER.

114368.5. Plan Review

(a) Upon receipt of complete, easily readable plans drawn to scale,

and specifications satisfactory to the ENFORCEMENT

AGENCY, an ENFORCEMENT AGENCY may preapprove a

standard plan for a standardized or mass-produced individual

unit intended to serve as a COMPACT MOBILE FOOD

OPERATION.

(b) A person proposing to operate a compact mobile food operation

who has acquired an individual unit for which the construction of

the compact mobile food operation has been built to approved

plans shall not be required to submit plans for the individual unit,

but instead shall be subject to a final inspection of the compact

mobile food operation to ensure that the individual unit and

proposed method of operation conform to the standard plans

preapproved pursuant to subdivision (a). The PERMIT

application for a compact mobile food operation utilizing a

preapproved individual unit shall include a certification that the

applicant has not substantially altered the individual units from

the plans preapproved pursuant to subdivision (a). The

ENFORCEMENT AGENCY may collect a fee in the final

inspection in an amount that does not exceed the reasonable

administrative costs to the ENFORCEMENT AGENCY.

food operation or the replacement of EQUIPMENT and fixtures

on a compact mobile food operation with substantially similar

equipment or fixtures is not a remodel, and the repair or

replacement of EQUIPMENT or fixtures does not require the

submission of plans to an ENFORCEMENT AGENCY.

(d) A local governing body may waive or reduce a fee for the PERMIT,

registration, or related services for an applicant seeking approval

of a compact mobile food operation or related operations.

(e) All new and replacement FOOD-related and UTENSIL-related

EQUIPMENT for a compact mobile food operation shall be

certified or classified for sanitation by an American National

Standards Institute accredited certification program, or a

certification program accredited by another accreditation body

recognized by the ENFORCEMENT AGENCY as providing

substantially similar FOOD safety and operational standards. In

the absence of an applicable certified sanitation standard, FOOD-

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related and UTENSIL-related EQUIPMENT shall be evaluated for

approval by the ENFORCEMENT AGENCY.

(f) All new and replacement electrical appliances for a compact

mobile food operation shall meet applicable Underwriters

Laboratories standards for electrical equipment as determined by

an American National Standards Institute accredited certification

program or a certification program accredited by another

accreditation body recognized by the ENFORCEMENT AGENCY

as providing substantially similar food safety and operational

standards.

114368.6. Food Safety Manager Certificate Exemption

A compact mobile food operation is exempt from Section 113947.1 if

the operator and any individual who is involved in the preparation, storage, or

service of FOOD for the compact mobile food operation has obtained a FOOD

HANDLER card that meets the requirements of Section 113948.

114368.7. Restroom Facilities Exemption

A compact mobile food operation is exempt from the requirements of

Section 114315 if the compact mobile food operation operates with multiple

EMPLOYEEs or operators and the compact mobile food operation may remain

operable by a single individual so that EMPLOYEEs or operators may alternate

use of a restroom.

114368.8. Enforcement

(a) Notwithstanding subdivision (a) of Section 114395, a violation of

this part by an operator or EMPLOYEE of a compact mobile food

operation is punishable only by an administrative fine.

(b) A violation of any provision of this part or regulation adopted

pursuant to this part by an operator or EMPLOYEE of a compact

mobile food operation or a sidewalk vendor shall not be

punishable as an infraction or misdemeanor, and an operator or

EMPLOYEE of a compact mobile food operation or a sidewalk

vendor alleged to have violated any of those provisions is not

subject to arrest except when independent grounds for that arrest

exist under law.

or employee of a compact mobile food operation or a sidewalk

vendor may only be punished by a fine consistent with the

following:

(1) A notice of violation detailing the violation, including the

applicable provision of this part or regulation adopted pursuant

to this part.

(2) An administrative fine not exceeding one hundred dollars ($100)

for a second violation within one year of the first violation.

(3) An administrative fine not exceeding two hundred dollars ($200)

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for a third violation within one year of the first violation.

(4) An administrative fine not exceeding five hundred dollars ($500)

for each additional violation within one year of the first violation.

(d) If a compact mobile food operation is required to obtain a PERMIT

from the ENFORCEMENT AGENCY, operating without a

PERMIT may be punishable by a fine not to exceed three times

the cost of the PERMIT in lieu of the administrative fines

referenced in subdivision (c). An ENFORCEMENT AGENCY

shall not issue any fines in excess of the amounts allowable

pursuant to subdivision (c) prior to January 1, 2024.

(e)

(1) When assessing an administrative fine for a first-time offense,

pursuant to this section, the HEARING OFFICER shall take into

consideration the person’s ability to pay the fine. The

ENFORCEMENT AGENCY shall provide the person with notice

of their right to request an ability-to-pay determination and shall

make available instructions or other materials for requesting an

ability-to-pay determination. The person may request an ability-

to-pay determination at adjudication or while the judgment

remains unpaid, including when a case is delinquent or has been

referred to a comprehensive collection program.

(2) If the person meets the criteria described in subdivision (a) or

(b) of Section 68632 of the Government Code, the

ENFORCEMENT AGENCY shall accept, in full satisfaction, 20

percent of the administrative fine imposed pursuant to this

section.

(3) The ENFORCEMENT AGENCY may waive the administrative

fine or may offer an alternative disposition.

Chapter 12. Certified Farmers’ Markets

114370. Applicable requirements

CERTIFIED FARMERS’ MARKETs shall meet the applicable general

sanitation requirements in Section 113980 and as provided in this chapter.

114371. Facility requirements

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. Tents, canopies, or

other overhead coverings are not required for fresh whole produce sales

displays or storage, except when specifically required pursuant to this

chapter. Flavored nuts and dried fruits that are being sold on a bulk or

nonprepackaged basis shall be displayed and dispensed by the producer

from covered containers. All processed FOOD products being sold shall

be in compliance with Section 113735 and the applicable provisions of

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Section 110460, 114365, or 114365.2.

(b) FOOD PREPARATION is prohibited at CERTIFIED FARMERS’

MARKETs with the exception of FOOD samples. Trimming whole

produce for sale shall not be considered food preparation. Distribution of

FOOD samples may occur provided that the following sanitary conditions

exist:

(1) Samples shall be kept in clean, nonabsorbent, and covered

containers intended by the manufacturer for use with FOODs.

Any cutting or distribution of samples shall only occur under a

tent, canopy, or other overhead covering.

(2) All FOOD samples shall be distributed by the PRODUCER in a

manner that is sanitary and in which each sample is distributed

without the possibility of a consumer touching the remaining

samples.

(3) Clean, disposable plastic gloves shall be used when cutting

FOOD samples.

(4) Fresh, whole produce 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, available POTABLE WATER

may be required for handwashing and sanitizing; the need

determined and manner 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. A CERTIFIED FARMER’S MARKET or an

ENFORCEMENT OFFICER may cause immediate removal and

disposal, or confiscate and destroy, any POTENTIALLY

HAZARDOUS FOOD samples found not in compliance with this

paragraph.

(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. If the producer uses only SINGLE-

USE ARTICLES or maintains an adequate supply of clean

replacement articles readily available at the site at the time of

use, WAREWASHING facilities shall not be required.

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, and no individual

shall bring a live animal, bird or fowl, within 20 feet of any area where

FOOD is stored or held for sale within a CERTIFIED FARMERS’

MARKET. This subdivision does not apply to guide dogs, signal dogs, or

service dogs when used in accordance with the federal Americans with

Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and as provided

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in Section 36.104 of Title 28 of the Code of Federal Regulations. All guide

dogs, signal dogs, and service dogs shall be used and properly identified

in accordance with Section 54.1 and subdivision (b) of Section 54.2 of the

Civil Code, and Sections 30850, 30851, and 30852 of the Food and

Agricultural Code.

(e) All garbage and REFUSE shall be stored and disposed of in a manner

APPROVED by the ENFORCEMENT OFFICER.

(f) Smoking of cigarettes, cigars, pipe tobacco, and other tobacco products

shall not be permitted within 25 feet of the common commerce area

comprised of sales personnel and shopping customers of the CERTIFIED

FARMERS’ MARKET.

(g) 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.

(h) TEMPORARY FOOD FACILITIES may be operated at a separate

COMMUNITY EVENT adjacent to, and in conjunction with, CERTIFIED

FARMERS’ MARKETs. The organization in control of the community

event at which these TEMPORARY FOOD FACILITIES operate shall

comply with Section 114381.1.

(i) All harvested, cut, wrapped, or otherwise processed MEAT, POULTRY,

and FISH products shall be from approved sources as set forth in Section

113735, and shall be properly labeled or have documentation present at

the point of sale that demonstrates compliance with this requirement. All

harvested, cut, wrapped, or otherwise processed MEAT, POULTRY, and

FISH products offered for sale shall be transported, stored, displayed,

and maintained at a temperature of 41degrees Fahrenheit or colder. The

temperature holding capabilities of the storage containers used shall be

sufficient to maintain safe product temperatures. Storage containers for

MEAT, POULTRY, and FISH products shall be insulated and have interior

surfaces that are smooth, nonabsorbent, and easily cleanable. All MEAT,

POULTRY, and FISH products shall be stored in a manner that reduces

the risk of cross-contamination.

(j) For purposes of this section, “smoking” has the same meaning as in

subdivision (c) of Section 22950.5 of the Business and Professions Code.

(k) For purposes of this section, “tobacco product” means a product or device

as defined in subdivision (d) of Section 22950.5 of the Business and

Professions Code.

114373. Raw shell eggs; storage and display without refrigeration

Raw shell EGGs may be stored and displayed without refrigeration if all

of the following conditions are met:

(a) The EGGs were produced by POULTRY owned by the seller and

collected on the seller's property.

(b) The EGGs are not placed in direct sunlight during storage or display.

purchase" or the seller posts a conspicuous sign advising CONSUMERs

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that the EGGs are to be refrigerated as soon as practical after purchase.

(d) RETAIL EGG containers are conspicuously identified as to the date of the

pack.

(e) The EGGs have been cleaned and sanitized.

(f) The EGGs are not checked, cracked, or broken.

(g) Any EGGs that are stored and displayed at temperatures of 90°F or below

and that are unsold after four days from the date of pack shall be stored

and displayed at an ambient temperature of 45°F or below, diverted to

pasteurization, or destroyed in a manner APPROVED by the

ENFORCEMENT AGENCY.

(h) Any EGGs that are stored and displayed at temperatures above 90°F that

are unsold after four days from the date of pack shall be diverted to

pasteurization or destroyed in a manner APPROVED by the

ENFORCEMENT AGENCY.

Chapter 12.5. Farm Stands and Community Food

Production

114375. Farm stands

FARM STANDS shall be in conformity with the definition and provisions

of Section 113778.2 and meet all of the following requirements:

(a) FOOD preparation is prohibited at FARM STANDS with the exception of

FOOD samples which may only occur if conducted in accordance with

paragraphs (1) to (8), inclusive, of subdivision (b) of Section 114371.

(b) APPROVED toilet and handwashing facilities consistent with Article 4

(commencing with Section 113310) of Chapter 11 of Part 6 shall be

available for use by FARM STAND operators or their EMPLOYEEs when

FOOD sampling is conducted pursuant to subdivision (a).

(1) Whole PRODUCE and shell EGGs as described in paragraph

(6) of subdivision (c) of Section 113789.

(2) NonPOTENTIALLY HAZARDOUS PREPACKAGED FOOD

products from an APPROVED SOURCE that were grown or

produced in close proximity to the FARM STAND and in a

manner consistent with the intent of Chapter 10.5 (commencing

with Section 47000) of Division 17 of the Food and Agricultural

Code.

(3) Any nonPOTENTIALLY HAZARDOUS PREPACKAGED FOOD

products, including bottled water and soft drinks, from an

APPROVED SOURCE that has not been grown or produced in

close proximity to the FARM STAND shall be limited to a 50-

square-foot storage and sales area.

(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.

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(e) All garbage and REFUSE shall be stored and disposed of in an

appropriate manner.

(f) All prepackaged processed FOOD products shall meet the applicable

requirements provided in Section 113980 and be stored in an

APPROVED VERMIN proof area or container when the FARM STAND

facility is closed.

114376. Community or agricultural production

(a) A COMMUNITY FOOD PRODUCER may sell or provide whole uncut fruits

or vegetables, or unrefrigerated shell EGGs, directly to the public, to a

permitted FOOD FACILITY, or a COTTAGE FOOD OPERATION if the

COMMUNITY FOOD PRODUCER meets all of the following

requirements:

(1) Agricultural products shall be grown or produced in compliance

with subdivision (b) of Section 113735.

(2) Agricultural products that are packaged shall have the package

labeled with the name and address of the COMMUNITY FOOD

PRODUCER.

(3) Conspicuous signage shall be provided in lieu of a product label

if the agricultural product is being sold by the COMMUNITY

FOOD PRODUCER on the site of production. The signage shall

include, but not be limited to, the name and address of the

COMMUNITY FOOD PRODUCER.

(4) Best management practices as described by the Department of

Food and Agriculture regarding small farm FOOD safety

guidelines on, but not limited to, safe production, processing,

and handling of both nonPOTENTIALLY HAZARDOUS and

POTENTIALLY HAZARDOUS FOODS.

(5) EGG production shall be limited to 15 dozen EGGs per month.

(b)

(1) A GLEANER may sell or provide whole uncut fruits or vegetables,

or unrefrigerated shell EGGs, produced by a COMMUNITY

FOOD PRODUCER directly to the public without registration if

the GLEANER meets all of the requirements specified in

subdivisions (a) and (d).

(2) A GLEANER may donate whole uncut fruits or vegetables, or

unrefrigerated shell EGGs, produced by a COMMUNITY FOOD

PRODUCER to a FOOD BANK or FOOD kitchen without

registration if it meets both of the following requirements:

(A) Best management practices, as described by the

Department of Food and Agriculture, regarding small farm

FOOD safety guidelines on handling of both

nonPOTENTIALLY HAZARDOUS and POTENTIALLY

HAZARDOUS FOODS.

(B) Record retention requirements specified in subdivision (d).

jurisdiction, a local city or county health enforcement office shall not

require a COMMUNITY FOOD PRODUCER to register with the city or

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county or meet requirements in addition to those required in

subdivisions (a) and (d) if the COMMUNITY FOOD PRODUCER meets

any of the following conditions:

(1) Agricultural products are sold at the outlet or location, including,

but not limited to, premises, controlled by the COMMUNITY

FOOD PRODUCER pursuant to paragraph (6) of subdivision

(2) Agricultural products are donated to a FOOD BANK or FOOD

kitchen that provides food at no cost to consumers.

(3) Agricultural products are sold in a FOOD FACILITY permitted

by a federal, state, or local health agency.

(d) A COMMUNITY FOOD PRODUCER or GLEANER that sells or

provides whole uncut fruits or vegetables, or unrefrigerated shell EGGs,

directly to the public pursuant to this section shall retain records related

to the sale or provision of the FOOD for 30 days, which shall include the

type of FOOD sold and the date of sale.

(e) A FOOD BANK or FOOD kitchen that receives whole uncut fruits or

vegetables, or unrefrigerated shell EGGs, donated by a COMMUNITY

FOOD PRODUCER or GLEANER pursuant to this section shall retain

records related to the donation of the FOOD for 30 days, which shall

include the type of FOOD received, the date of receipt, and the name and

contact information of the COMMUNITY FOOD PRODUCER or

GLEANER that donated the FOOD.

114376.5 Enforcement

(a) An ENFORCEMENT OFFICER, as defined in Section 113774, may enter

into and inspect the operations of a COMMUNITY FOOD PRODUCER or

GLEANER in response to a FOOD safety recall or FOOD safety

complaint. The ENFORCEMENT OFFICER may recover reasonable

costs associated with an inspection from the COMMUNITY FOOD

PRODUCER or GLEANER.

(b)

(1) An ENFORCEMENT OFFICER may issue a COMMUNITY

FOOD PRODUCER or GLEANER a cease and desist order for

violations of Section 114376, upon which the COMMUNITY

FOOD PRODUCER or GLEANER shall be prohibited from

further sales until the operations of the COMMUNITY FOOD

PRODUCER or GLEANER have been reinspected and cleared

by the ENFORCEMENT OFFICER’s agency.

(2) At any time within 15 calendar days after issuance of the cease

and desist order, the COMMUNITY FOOD PRODUCER or

GLEANER may request in writing a hearing before a HEARING

OFFICER to show cause why the prohibition of further sales is

not warranted. The hearing shall be held within 15 calendar days

of the receipt of a request for a hearing. A failure to request a

hearing within 15 calendar days shall be deemed a waiver of the

right to a hearing.

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Section 114395.

Chapter 12.7 Fisherman’s Markets

114378. Applicable requirements

A FISHERMEN’S MARKET shall meet the applicable requirements of

Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with

Section 113728), Chapter 3 (commencing with Section 113945), Chapter 4

(commencing with Section 113980), Chapter 5 (commencing with Section

114095), Chapter 6 (commencing with Section 114130), Chapter 7 (commencing

with Section 114189), Chapter 8 (commencing with Section 114250), and Chapter

13 (commencing with Section 114380), unless exempted as provided in this

chapter.

114378.1. Sale of fish

(a) FISH sold in a FISHERMAN’S MARKET shall be raw and may be

displayed whole, eviscerated, or packaged by an onsite permitted

TEMPORARY FOOD FACILITY or PERMITted FOOD FACILITY. A

fisherman selling FISH in a FISHERMAN’S MARKET shall only sell raw

edible aquatic plants or FISH that the fisherman caught legally, or that

was caught by one or two other licensed commercial fishermen. If a

fisherman sells FISH caught by another licensed commercial fisherman,

the fisherman shall provide a copy of that other fisherman’s commercial

license and contact information upon the request of the ENFORCEMENT

AGENCY.

(b) A FISHERMEN’S MARKET may provide a separate service that fillets,

cuts, or packages FISH for customers who purchase direct sales of FISH

within the FISHERMEN’S MARKET as a TEMPORARY FOOD

FACILITY, MOBILE FOOD FACILITY, FISHERMAN’S MARKET booth,

or other facility approved by the ENFORCEMENT AGENCY. A separate

health PERMIT is required and applicable requirements for that category

of PERMIT shall be met.

commercial fisherman or registered aquaculturist.

(d) Ice used for refrigeration purposes shall not be used for consumption in

FOOD or BEVERAGEs.

(e) Notwithstanding subdivision (b) and Section 113818, raw FISH may be

eviscerated at a FISHERMEN’S MARKET.

114378.2. Fishermen’s market requirements

A FISHERMEN’S MARKET shall meet all of the following requirements:

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(a) Each FISHERMEN’S MARKET FOOD booth shall post the name of the

fisherman, vessel or farm, and ACCEPTABLE MARKET NAME of FISH

sold so they are legible and clearly visible to patrons.

(b) Notwithstanding Section 113953, handwashing facilities for a

FISHERMEN’S MARKET FOOD both that operates for three consecutive

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. A catch basin shall be provided to collect wastewater,

and the wastewater shall be properly disposed of according to Section

114197.

single-use sanitary towels. A separate receptacle shall be available for

towel waste.

(d) Notwithstanding Section 114205, POTABLE WATER shall be available

for handwashing and sanitizing as approved by the ENFORCEMENT

AGENCY.

(e) Approved toilet and handwashing facilities shall be available within 200

feet of the premises of a FISHERMEN’S MARKET or as approved by the

ENFORCEMENT AGENCY.

(f) All garbage and REFUSE shall be stored and disposed of in a manner

approved by the ENFORCEMENT AGENCY.

(g) Wastewater shall be disposed of in a facility connected to the public

sewer system or in a manner approved by the ENFORCEMENT

AGENCY.

(h) Floors shall be constructed of concrete, asphalt, tight wood, or other

similar cleanable material kept in good repair.

(i) Overhead protection shall be provided over the evisceration process,

FOOD storage, FOOD display, 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.

(j) Notwithstanding Section 114095, approved WAREWASHING facilities

may be shared if the sink is centrally located and is adjacent to the sharing

facilities. The ENFORCEMENT AGENCY may also approve use of

WAREWASHING facilities within a permanent facility if it is located within

200 feet of the premises of the FISHERMEN’S MARKET or as approved

by the ENFORCEMENT AGENCY.

(k) FOOD-related and UTENSIL-related equipment shall be located and

installed to prevent FOOD contamination.

(l) During periods of inoperation, FOOD, FOOD equipment, and UTENSILS

shall be stored within a fully enclosed facility approved by the

ENFORCEMENT AGENCY, or in approved FOOD COMPARTMENTS

where the FOOD, FOOD equipment, and UTENSILS are protected at all

times from contamination, exposure to the elements, ingress of rodents

or other VERMIN, and temperature abuse.

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114378.3. Application for permit

(a) A PERMIT application and site plan shall be submitted to the

ENFORCEMENT AGENCY at least two weeks prior to the operation of a

FISHERMEN’S MARKET. Only California-licensed commercial

fishermen or an entity representing two or more California-licensed

commercial fishermen or California-licensed commercial fishermen and

California-registered aquaculturists may act as the responsible person

and sole PERMIT HOLDER for a FISHERMEN’S MARKET. The site plan

shall include all of the following:

(1) A map with proposed locations of the FISHERMEN’S MARKET

FOOD booths, boundaries of the FISHERMEN’S MARKET,

restrooms, REFUSE containers, POTABLE WATER supply

faucets, wastewater disposal facilities, and all shared

WAREWASHING and handwashing facilities as applicable.

(2) Details of the materials and methods used to construct the FOOD

booths.

(3) FOODs that will be handled and dispensed.

(4) Procedures for FOOD handling, FOOD temperature control,

REFUSE management, cleaning and sanitizing UTENSILs and

EQUIPMENT, and cleaning structures and premises.

(5) Procedures for transporting FOOD to and from the

FISHERMEN’S MARKET and actions taken to prevent

contamination.

(6) List of names of licensed commercial fishermen or registered

aquaculturists, copies of their licenses or registrations, and a

document authorizing the organizer to act as the responsible

person and PERMIT HOLDER on their behalf.

(b) A FISHERMEN’S MARKET may operate adjacent to, or in conjunction

with, a FOOD FACILITY or a COMMUNITY EVENT. In those situations,

the FISHERMEN’S MARKET is only subject to the limitations and

requirements of a FISHERMEN’S MARKET. The other FOOD facilities

remain subject to the limitations and requirements, including separate

PERMIT requirements that are applicable to the type of facility being

operated.

CHAPTER 12.8. Children’s Meals

114379. Purpose

The purpose of this chapter is to support children’s health by setting

nutritional standards for a RESTAURANT’s children’s meals.

114379.10. Definitions

For purposes of this chapter, the following terms have the following

meanings:

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(a) “Children’s meal” means a combination of FOOD items and a BEVERAGE,

or a single FOOD item and a BEVERAGE, sold together at a single price,

primarily intended for consumption by a child.

(b) “Default BEVERAGE” means the BEVERAGE automatically included or

offered as part of a children’s meal, absent a specific request by the

purchaser of the children’s meal for an alternative BEVERAGE.

and vends FOOD directly to the CONSUMER.

114379.20. Default beverage

(a) A restaurant that sells a children’s meal shall make the default BEVERAGE

offered with the children’s meal one of the following:

(1) Water, sparkling water, or flavored water, with no added natural or

artificial sweeteners.

(2) Unflavored milk.

(3) A nondairy milk alternative that contains no more than 130 calories

per container or serving. For purposes of this paragraph, “nondairy

milk alternative” means a non-dairy fluid milk substitute that meets the

standards for the National School Lunch Program as set forth in

Section 210.10 of Title 7 of the Code of Federal Regulations.

(b) The BEVERAGE listed or displayed on a restaurant menu or advertisement

for a children’s meal shall be one of the default BEVERAGEs listed in

subdivision (a).

114379.30. Alternate beverage

This chapter does not prohibit a restaurant’s ability to sell, or a

customer’s ability to purchase, an alternative BEVERAGE instead of the default

BEVERAGE offered with the children’s meal, if requested by the purchaser of the

children’s meal.

114379.40. Local Enforcement Agency

The local ENFORCEMENT AGENCY, as set forth in Section 113713,

shall implement, administer, and enforce this chapter. The DEPARTMENT may

issue rules and regulations as necessary to carry out the purposes of this chapter.

114379.50. Violation; infraction; fine

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.

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114379.60. Legislative Intent

This chapter shall be construed so as not to conflict with any federal or

state law, rule, or regulation. This chapter does not authorize a local agency to

impose any duty or obligation in conflict with a limitation on a local authority

established by a federal or state law. If a court or agency of competent jurisdiction

holds that a federal or state law, rule, or regulation invalidates any clause,

sentence, paragraph, or section of this chapter or the application thereof to any

person or circumstances, it is the intent of the Legislature that the court or agency

sever the clause, sentence, paragraph, or section so that the remainder of this

chapter remains in effect.

Chapter 13. Compliance and Enforcement

Article 1. Plan Review and Permits

114380. Plan review

(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 ensure

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 Division of State Architect and

the local ENFORCEMENT AGENCY shall review and approve

all new and REMODELed school facilities for compliance with

all applicable requirements.

(2) Notwithstanding subdivision (a), the Office of Statewide Health

Planning and Development (OSHPD) shall maintain its primary

jurisdiction over licensed skilled nursing facilities, and when new

construction, modernization, or remodeling must be undertaken

to repair existing systems or to keep up the course of normal or

routine maintenance, the facility shall complete a building

application and plan check process as required by OSHPD.

Approval of the plans by OSHPD shall be deemed compliance

with the plan approval process required by the local county

ENFORCEMENT AGENCY described in this section.

(3) 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

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cafeterias, LIMITED SERVICE CHARITABLE FEEDING

OPERATION facilities, 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.

This section does not require that plans or specifications be prepared by

someone other than the applicant.

114381. Permits, fees, and posting

(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.

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.

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114381.1. Permit requirements for an organizer

In addition to the PERMIT issued to each FOOD FACILITY participating

in a COMMUNITY EVENT or SWAP MEET, a PERMIT shall be obtained by the

PERSON or organization responsible for facilities that are shared by two or more

FOOD FACILITIES.

(a) The PERMIT application and site plan shall be submitted to the

ENFORCEMENT AGENCY at least two weeks prior to operation of any

FOOD FACILITY.

The site plan shall show the proposed locations of the FOOD

FACILITIES, restrooms, REFUSE containers, POTABLE WATER supply

faucets, waste water disposal facilities, and all shared WAREWASHING

and handwashing facilities.

114381.2. Permit requirements for temporary food facilities

A PERMIT application shall be submitted to the ENFORCEMENT

AGENCY by each TEMPORARY FOOD FACILITY operator that includes all of the

following:

(a) A site plan that indicates the proposed layout of EQUIPMENT, FOOD

PREPARATION tables, FOOD storage, WAREWASHING, and

handwashing

(b) Details of the materials and methods used to construct the TEMPORARY

FOOD FACILITY.

(d) The proposed procedures and methods of FOOD PREPARATION and

handling.

(e) Procedures, methods, and schedules for cleaning UTENSILs,

EQUIPMENT, and structures, and for the disposal of REFUSE.

(f) How FOOD will be transported to and from a PERMANENT FOOD

FACILITY or other APPROVED FOOD FACILITY and the TEMPORARY

FOOD FACILITY, and steps taken to prevent contamination of FOODs.

(g) How POTENTIALLY HAZARDOUS FOODs will be maintained at or

below 41°F or at or above 135°F.

114387. Permit required; penalties

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.

Article 2. Enforcement

114390. Enforcement responsibility; evidence; inspection report

(a) ENFORCEMENT OFFICERs shall enforce this part and all regulations

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adopted pursuant to this part.

(b)

(1) For purposes of enforcement, any authorized ENFORCEMENT

OFFICER may, during the facility's hours of operation and other

reasonable times, enter, inspect, issue citations to, and secure

any sample, photographs, or other evidence from a FOOD

FACILITY, COTTAGE FOOD OPERATION, or any facility

suspected of being a FOOD FACILITY or COTTAGE FOOD

OPERATION, or a vehicle transporting FOOD to or from a

RETAIL FOOD FACILITY, when the vehicle is stationary at an

agricultural inspection station, a border crossing, or at any

FOOD FACILITY under the jurisdiction of the ENFORCEMENT

AGENCY, or upon the request of an incident commander.

(2) If a FOOD FACILITY is operating under an HACCP PLAN, the

ENFORCEMENT OFFICER may, for the purpose of determining

compliance with the plan, secure as evidence any documents,

or copies of documents, relating to the facility's adherence to the

HACCP PLAN. Inspection may, for the purpose of determining

compliance with this part, include any record, file, paper,

process, HACCP PLAN, invoice, or receipt bearing on whether

FOOD, EQUIPMENT, or UTENSILs are in violation of this part.

(3) The ENFORCEMENT OFFICER may, for the purpose of

determining compliance with the gross annual sales

requirements for operating a MICROENTERPRISE HOME

KITCHEN OPERATION or a COTTAGE FOOD OPERATION,

require those operations to provide copies of documents related

to determining gross annual sales.

ENFORCEMENT OFFICER who is unable to present official identification

showing the ENFORCEMENT OFFICER's picture and ENFORCEMENT

AGENCY name. In the absence of the identification card, a business card

showing the ENFORCEMENT AGENCY's name plus a picture

identification card such as a driver's license shall meet this requirement.

(d) It is a violation of this part for any PERSON to refuse to PERMIT entry or

inspection, the taking of samples or other evidence, access to copy any

record as authorized by this part, to conceal any samples or evidence,

withhold evidence concerning them, or interfere with the performance of

the duties of an ENFORCEMENT OFFICER, including making verbal or

physical threats or sexual or discriminatory harassment.

(e) A written report of the inspection shall be made and a copy shall be

supplied or mailed to the owner, manager, or operator of the FOOD

FACILITY.

114393. Impoundment

(a) Based upon inspection findings or other evidence, an ENFORCEMENT

OFFICER may IMPOUND FOOD, EQUIPMENT, or UTENSILs that are

found to be, or suspected of being, unsanitary or in such disrepair that

FOOD, EQUIPMENT, or UTENSILs may become contaminated or

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ADULTERATED, and inspect, IMPOUND, or inspect and IMPOUND any

UTENSIL that is suspected of releasing lead or cadmium in violation of

Section 108860. The ENFORCEMENT OFFICER may attach a tag to the

FOOD, EQUIPMENT, or UTENSILs that shall be removed only by the

ENFORCEMENT OFFICER following verification that the condition has

been corrected.

(b) No FOOD, EQUIPMENT, or UTENSILs IMPOUNDed pursuant to

subdivision (a) shall be used unless the IMPOUNDment has been

released.

the FOOD, EQUIPMENT, or UTENSILs pursuant to subdivision (a) shall

commence proceedings to release the IMPOUNDed materials or to seek

administrative or legal remedy for its disposition.

114395. Violation; misdemeanor; punishment

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.

114397. Owner, manager, or operator responsibility

The owner, manager, or operator of any FOOD FACILITY is responsible

for any violation by an EMPLOYEE of any provision of this part or any regulation

adopted pursuant to this part. Each day the violation occurs shall be a separate

and distinct offense.

114399. Facilities held in common

A violation of any provision of this part or regulation adopted pursuant to

this part relating to facilities held in common or shared by more than one FOOD

FACILITY shall be deemed a violation for which the owner, manager, or operator

of each FOOD FACILITY is responsible.

Article 3. Permit Suspension or Revocation

114405. Permit suspension or revocation

(a) A PERMIT may be suspended or revoked by a local ENFORCEMENT

OFFICER for a violation of this part. Any FOOD FACILITY or COTTAGE

FOOD OPERATION for which the PERMIT has been suspended shall

close and remain closed until the PERMIT has been reinstated. Any

FOOD FACILITY or COTTAGE FOOD OPERATION for which the

PERMIT has been revoked shall close and remain closed until a new

PERMIT has been issued.

(b) Whenever a local ENFORCEMENT OFFICER finds that a FOOD

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FACILITY or COTTAGE FOOD OPERATION is not in compliance with

the requirements of this part, a written notice to comply shall be issued to

the PERMIT HOLDER. If the PERMIT HOLDER fails to comply, the local

ENFORCEMENT OFFICER shall issue to the PERMIT HOLDER a notice

setting forth the acts or omissions with which the PERMIT HOLDER is

charged, and informing him or her of a right to a hearing, if requested, to

show cause why the PERMIT should not be suspended or revoked. A

written request for a hearing shall be made by the PERMIT HOLDER

within 15 calendar days after receipt of the notice. A failure to request a

hearing within 15 calendar days after receipt of the notice shall be

deemed a waiver of the right to a hearing. When circumstances warrant,

the HEARING OFFICER may order a hearing at any reasonable time

within this 15-day period to expedite the PERMIT suspension or

revocation process.

request for a hearing. Upon written request of the PERMIT HOLDER, the

HEARING OFFICER may postpone any hearing date, if circumstances

warrant the action.

114407. Notice of decision

The HEARING OFFICER shall issue a written notice of decision to the

PERMIT HOLDER within five working days following the hearing. In the event of a

suspension or revocation, the notice shall specify the acts or omissions with which

the PERMIT HOLDER is charged, and shall state the terms of the suspension or

that the PERMIT has been revoked.

114409. Immediate closure

(a) If any IMMINENT HEALTH HAZARD is found, unless the HAZARD is

immediately corrected, an ENFORCEMENT OFFICER may temporarily

suspend the PERMIT and order the FOOD FACILITY or COTTAGE

FOOD OPERATION immediately closed.

(b) Whenever a PERMIT is suspended as the result of an IMMINENT

HEALTH HAZARD, the ENFORCEMENT OFFICER shall issue to the

PERMIT HOLDER a notice setting forth the acts or omissions with which

the PERMIT HOLDER is charged, specifying the pertinent code section,

and informing the PERMIT HOLDER of the right to a hearing.

subdivision (b), the PERMIT HOLDER may request in writing a hearing

before a HEARING OFFICER to show cause why the PERMIT

suspension is not warranted. The hearing shall be held within 15 calendar

days of the receipt of a request for a hearing. A failure to request a hearing

within 15 calendar days shall be deemed a waiver of the right to a hearing.

114411. Serious or repeated violations, interference

The ENFORCEMENT AGENCY may, after providing opportunity for a

hearing, modify, suspend, or revoke a PERMIT for serious or repeated violations

189

of any requirement of this part or for interference in the performance of the duty of

the ENFORCEMENT OFFICER.

114413. Permit reinstatement or reissuance

A PERMIT may be reinstated or a new PERMIT issued if the

ENFORCEMENT AGENCY determines that the conditions that prompted the

suspension or revocation no longer exist.

Article 4. Variance

114417. Issuance of variances

The DEPARTMENT may issue a VARIANCE for only the provisions set

forth in Section 113936, if in the opinion of the DEPARTMENT, the alternative

practice or procedure is equivalent to the respective requirements of this part and

the alternative practice or procedure does not result in a health HAZARD.

114417.1. Applications for variances

(a) Within 180 days after the effective date of this part, the DEPARTMENT

shall develop the form of application that an applicant for a VARIANCE

must submit. The DEPARTMENT may amend the form as it deems

appropriate. The application shall contain, at a minimum, the following

information:

(1) A detailed description of the requested VARIANCE, including

citation to the relevant subdivisions specified in Section 113936.

(2) An analysis of the science-based rationale upon which the

proposed alternate practice or procedure is based, to include, if

and as appropriate, microbial challenge and process validation

studies demonstrating how potential health HAZARDs dealt with

in those subdivisions that are relevant to the requested

VARIANCE will be addressed.

(3) A description of the specific procedures, processes, monitoring

steps, and other relevant protocols that will be implemented

pursuant to the VARIANCE to address potential health

HAZARDs dealt with in those subdivisions specified in Section

113936 that are relevant to the requested VARIANCE.

(4) An HACCP PLAN, if required pursuant to Section 114419, that

includes all applicable information relevant to the requested

VARIANCE.

(b) An application for a VARIANCE shall be submitted to the DEPARTMENT,

and must be accompanied at the time of submission by the fees specified

in subdivision (c).

submission by payment of fees sufficient to pay the necessary costs of

the DEPARTMENT as specified in Section 113717. Any overpayment by

the applicant in excess of the recovery rate and other costs incurred shall

be repaid to the applicant within 30 calendar days after final action is

190

taken by the DEPARTMENT on the application.

114417.2. Issuance or denial of variances by the department

(a) Upon receipt of an application for a VARIANCE, the DEPARTMENT shall

determine whether the application is substantially complete and in

compliance with Section 114417.1. Within 45 calendar days after

submission of a complete application that complies with Section

114417.1, the DEPARTMENT shall determine whether the alternate

practice or procedure described in the application is satisfactory and at

least the equivalent of the requirements of this part relating to preventing

a health HAZARD.

(b) In the event that the DEPARTMENT grants the VARIANCE, it shall issue

to the applicant a VARIANCE letter that shall include, but not be limited

to, the information specified in Section 114417.3.

local enforcement agencies.

114417.3. Contents of variance letter

Each VARIANCE letter shall include, have attached to it, or reference

each of the following:

(a) The information specified in Section 114417.1. That information may be

presented verbatim, in summary form, or by means of attachment.

(b) Detailed findings by the DEPARTMENT as to the nature and extent of the

potential HAZARDs, if any, that might be implicated with respect to the

requirements specified in this part, and the manner in which the alternate

practice or procedure specified in the VARIANCE will address those

HAZARDs.

the granting of the VARIANCE is conditioned.

(d) If appropriate, the particular events, locations, and operations for which

the VARIANCE is granted.

114417.4. Effect of variance letter

A VARIANCE letter shall be valid solely with respect to those FOOD

FACILITIES, events, locations, and operations expressly set forth and only on the

specific terms and conditions upon which the VARIANCE is granted. A VARIANCE

granted by the DEPARTMENT shall be binding on every local ENFORCEMENT

AGENCY.

114417.5. Maintenance of variance letter

The PERMIT HOLDER shall retain a copy of the VARIANCE letter on file

at the FOOD FACILITY at all times and shall make it available for inspection by

the ENFORCEMENT OFFICER.

191

114417.6. Compliance with terms and conditions of variance letter

If the DEPARTMENT grants a VARIANCE, or if an HACCP PLAN is

required pursuant to Section 114419, the PERMIT HOLDER shall do both of the

following:

(a) Comply with the HACCP PLAN and procedures that are submitted as

specified in Section 114419.1 and 114419.2 and APPROVED as a

condition for the granting of the VARIANCE.

(b) Maintain and provide to the ENFORCEMENT AGENCY, upon request,

records specified under a HACCP PLAN, or otherwise pursuant to the

VARIANCE letter, that demonstrate that the following are routinely

employed:

(1) Procedures for monitoring CRITICAL CONTROL POINTs.

(2) Monitoring of the CRITICAL CONTROL POINTs.

(3) Verification of the effectiveness of an operation or process.

(4) Necessary corrective actions if there is a failure at a CRITICAL

CONTROL POINT.

114417.7. Suspension or revocation of variance

(a) The DEPARTMENT may suspend or revoke a VARIANCE if either of the

following occurs:

(1) The DEPARTMENT determines that the VARIANCE poses a

HAZARD due to changes in scientific knowledge or the nature

and extent of any HAZARD that might result.

(2) There is a finding that the FOOD FACILITY is not complying with

specific terms and conditions pursuant to which the VARIANCE

was granted.

(b) The DEPARTMENT may suspend or revoke a VARIANCE upon the

grounds specified in this section only after giving the PERMIT HOLDER

written notice of the proposed suspension or revocation, which shall

include the specific reasons why the VARIANCE is proposed to be

suspended or revoked. The PERMIT HOLDER shall be given an

opportunity to be heard, in PERSON, in writing, or through a

representative, at least 24 hours before the VARIANCE can be

suspended or revoked.

ARTICLE 5. HACCP Exemptions

114419. When a HACCP plan is required

(a) FOOD FACILITIES may engage in any of the following activities only

pursuant to an HACCP PLAN as specified in Section 114419.1:

(1) Smoking FOOD as a method of FOOD preservation rather than

as a method of flavor enhancement.

(2) Curing FOOD.

(3) Using FOOD ADDITIVEs or adding components such as

vinegar as a method of FOOD preservation rather than as a

method of flavor enhancement, or to render a FOOD so that it is

not POTENTIALLY HAZARDOUS.

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(4) Operating a MOLLUSCAN SHELLFISH life support system

display tank used to store and display SHELLFISH that are

offered for human consumption.

(5) Custom processing animals that are for personal use as FOOD

and not for sale or service in a FOOD FACILITY.

(6) Preparing FOOD by another method that is determined by the

ENFORCEMENT AGENCY to require an HACCP PLAN.

(b) FOOD FACILITIES may engage in the following only pursuant to an

HACCP PLAN that has been APPROVED by the DEPARTMENT:

(1) Using acidification or water activity to prevent the growth of

Clostridium botulinum.

(2) Packaging POTENTIALLY HAZARDOUS FOOD using a

REDUCED-OXYGEN PACKAGING method as specified in

Section 114057.1, except if the FOOD FACILITY uses a

REDUCED-OXYGEN PACKAGING method to package

hazardous FOOD that always complies with the following

standards with respect to packaging the hazardous FOOD:

(A) The FOOD is labeled with the production time and date.

(B) The FOOD is held at 41 degrees Fahrenheit or lower during

refrigerated storage.

FACILITY within 48 hours after packaging.

114419.1. Contents of a HACCP plan

For a FOOD FACILITY that is required under Section 114419 to have an

HACCP PLAN, the plan and specifications shall indicate all of the following:

(a) A flow diagram of the specific FOOD for which the HACCP PLAN is

requested, identifying CRITICAL CONTROL POINTs and providing

information on the following:

(1) Ingredients, materials, and EQUIPMENT used in the

preparation of that FOOD.

(2) Formulations or recipes that delineate methods and procedural

control measures that address the FOOD safety concerns

involved.

(b) A FOOD EMPLOYEE and supervisory training plan that addresses the

FOOD safety issues of concern.

consideration including clearly identifying the following:

(1) Each CRITICAL CONTROL POINT.

(2) The CRITICAL LIMITs for each CRITICAL CONTROL POINT.

(3) The method and frequency for monitoring and controlling each

CRITICAL CONTROL POINT by the FOOD EMPLOYEE

designated by the PERSON IN CHARGE.

(4) The method and frequency for the PERSON IN CHARGE to

routinely verify that the FOOD EMPLOYEE is following standard

operating procedures and monitoring CRITICAL CONTROL

POINTs.

(5) Action to be taken by the PERSON IN CHARGE if the CRITICAL

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LIMITs for each CRITICAL CONTROL POINT are not met.

(6) Records to be maintained by the PERSON IN CHARGE to

demonstrate that the HACCP PLAN is properly operated and

managed.

(d) Additional scientific data or other information, as required by the

DEPARTMENT, supporting the determination that FOOD safety is not

compromised by the proposal.

114419.2. HACCP plan training, verification, and equipment

(a) Applicable HACCP training shall be provided and documented for FOOD

EMPLOYEEs who work in the preparation of FOOD for which an HACCP

PLAN has been implemented. Training given to FOOD EMPLOYEEs

shall be documented as to date, trainer, and subject.

(b) Verification of CRITICAL LIMITs specified in an HACCP PLAN shall be

conducted by a laboratory APPROVED by the DEPARTMENT prior to

implementation of the HACCP PLAN. Documentation of laboratory

verification shall be maintained with the HACCP PLAN for the duration of

its implementation.

if the CRITICAL LIMITs used in the HACCP PLAN do not differ from the

CRITICAL LIMITs set forth in this part.

(d) The PERSON operating a FOOD FACILITY pursuant to a HACCP PLAN

shall designate at least one PERSON to be responsible for verification of

the HACCP PLAN. Training for the designated PERSON shall include the

seven principles of HACCP and the contents of the HACCP PLAN as

described in Section 114419.1. HACCP training records of the

designated PERSON shall be retained for the duration of employment, or

a period of not less than two years, whichever is greater.

(e) CRITICAL LIMIT monitoring EQUIPMENT shall be suitable for its

intended purpose and shall be calibrated as specified by its manufacturer.

The FOOD FACILITY shall maintain all calibration records for a period

not less than two years.

114419.3. HACCP plan approval

(a) Except as specified in Section 114419, nothing in this section shall be

deemed to require the ENFORCEMENT AGENCY to review or approve

an HACCP PLAN.

(b) The ENFORCEMENT AGENCY shall collect fees sufficient only to cover

the costs for review, inspections, and any laboratory samples taken.

HACCP principles.

(d) The ENFORCEMENT AGENCY may suspend or revoke its approval of

an HACCP PLAN without prior notice if the agency finds any of the

following:

(1) The plan poses a public health risk due to changes in scientific

knowledge or the HAZARDs present.

(2) The FOOD FACILITY does not have the ability to follow its

HACCP PLAN.

194

(3) The FOOD FACILITY does not consistently follow its HACCP

PLAN.

(e) Within 30 days of written notice of suspension or revocation of approval,

the FOOD FACILITY may request a hearing to present information as to

why the HACCP PLAN suspension or revocation should not have taken

place or to submit HACCP PLAN changes.

(f) The hearing shall be held within 15 working days of the receipt of a

request for a hearing. Upon written request of the PERMIT HOLDER, the

HEARING OFFICER may postpone any hearing date, if circumstances

warrant that action.

(g) The HEARING OFFICER shall issue a written notice of decision within

five working days following the hearing. If the decision is to suspend or

revoke approval, the reason for suspension or revocation shall be

included in the written decision.

114421. Trade secrets

(a) Each FOOD FACILITY that identifies a trade secret shall provide in

writing to the ENFORCEMENT AGENCY the information they consider to

be a trade secret.

(b) The ENFORCEMENT AGENCY shall treat as confidential, to the extent

allowed by LAW, information that meets the criteria specified in LAW for

a trade secret and is contained on inspection report forms and in the plans

and specifications submitted as specified under Section 114419.1.

114423. Microbial challenge studies

A microbial challenge study may be submitted to the ENFORCEMENT

AGENCY for review for purposes of verifying that a FOOD does not constitute a

POTENTIALLY HAZARDOUS FOOD.

Article 6. Exemptions

114425. Exemption for Chinese-style roast duck

Raw duck that otherwise would be readily perishable shall be exempt

from Section 113996 for a period not to exceed two hours, if the duck will

subsequently be cooked at or above a temperature of 350°F for at least 60

minutes.

(a) Whole Chinese-style roast duck shall be exempt from Section 113996 for

a period not to exceed four hours after the duck is prepared, if the

methods used to prepare the FOOD inhibit the growth of microorganisms

that can cause FOOD infections or FOOD intoxications. Nothing in this

section shall be construed to supersede any provisions of this part, except

the provisions specified in this section.

(b) For the purposes of this section, "Chinese-style roast duck" shall include,

but not be limited to, Chinese-style barbecue duck, dry hung duck, and

Peking duck. "Chinese-style roast duck" means duck which is prepared

as follows:

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(1) The abdominal cavity is cleaned.

(2) The duck is marinated.

(3) The cavity is closed prior to cooking.

(4) The duck is roasted at a temperature of 350°F or more for at

least 60 minutes.

114427. Exemption from full enclosure, Mercado La Paloma

The Mercado La Paloma, located at 3655 South Grand Avenue in Los

Angeles, operated by Esperanza Community Housing Corporation, which is a

public market open only on one side that meets the following criteria, shall be

exempt from Section 114266:

(a) All facilities inside the Mercado La Paloma have overhead protection that

extends over all FOOD items.

(b) All facilities inside the Mercado La Paloma are enclosed on at least two

sides.

complete control of the operator.

(d) During periods of inoperation, FOOD, UTENSILs, and related items shall

be stored so as to be adequately protected at all times from

contamination, exposure to the elements, ingress of VERMIN, and

temperature abuse.

(e) During all hours of operation, air curtains shall be in operation over all

unclosed door openings to the outside to EXCLUDE flying pests.

114429. Exemption from holding temperatures, Korean rice cakes

(a) Notwithstanding Sections 113996 and 114343 and if permitted by federal

LAW, a FOOD FACILITY may sell Korean rice cakes that have been at

room temperature for no more than 24 hours.

(b) At the end of the operating day, Korean rice cakes that have been at room

temperature for no more than 24 hours shall be destroyed in a manner

APPROVED by the ENFORCEMENT AGENCY.

confection that contains rice powder, salt, sugar, various edible seeds,

oil, dried beans, nuts, dried fruits, and dried pumpkin. The ingredient shall

not include any animal fats or any other products derived from animals.

(d) All manufacturers of Korean rice cakes shall place a label on the Korean

rice cake as prescribed by Section 111223.

114429.3 Exemption for holding temperatures, Vietnamese rice cakes

(a) Notwithstanding Sections 113996 and 114343 and if permitted by

federal law, a FOOD FACILITY may sell Vietnamese rice cakes that

have been at no more than 70 degrees Fahrenheit for no more than 24

hours.

(b) Vietnamese rice cakes that have been at no more than 70 degrees

Fahrenheit but have been stored for more than 24 hours shall be

destroyed in a manner approved by the ENFORCEMENT AGENCY.

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Section 111223.

114429.5. Exemption for holding temperatures, Asian rice based noodles

(a) Notwithstanding Sections 113996 and 114343, and if permitted by federal

law, a FOOD FACILITY may sell Asian rice-based noodles that have

been kept at room temperature for no more than four hours.

(b) Asian rice-based noodles that have been kept at room temperature shall

be consumed or cooked within four hours of the date and time labeled on

the product. Asian rice-based noodles that have been kept at room

temperature shall be segregated for destruction from other Asian rice-

based noodles in a manner approved by the local ENFORCEMENT

AGENCY after four hours of the date and time labeled on the product.

kept at room temperature for more than four hours shall be destroyed in

a manner approved by the local ENFORCEMENT AGENCY.

(d)

(1) For purposes of this section, an "Asian rice-based noodle" means

a rice-based pasta that contains rice powder, water, wheat

starch, vegetable cooking oil, and optional ingredients to modify

the pH or water activity, or to provide a preservative effect. The

ingredients shall not include any animal fats or any other

products derived from animals. An Asian rice-based noodle is

prepared by using a traditional method that includes cooking by

steaming at not less than 130 degrees Fahrenheit, for not less

than four minutes.

(2) If the Asian rice-based noodles maintain a pH of not more than

4.6, as measured at a temperature of 76 degrees Fahrenheit, a

water activity of 0.85 or below, or have been determined by the

department to be a nonPOTENTIALLY HAZARDOUS FOOD

based on formulation and supporting laboratory documentation

submitted to the department by the manufacturer, the

restrictions provided in subdivisions (a) to (c), inclusive, shall not

apply to the Asian rice-based noodles.

Article 7. Food facility food donations

114432. Food facility donations

(a) A person, gleaner, or FOOD FACILITY may donate food to a food bank

or to any other NONPROFIT CHARITABLE ORGANIZATION for

distribution to persons free of charge. Food facilities may donate food

directly to end recipients for consumption.

(b) For purposes of this section, “person” has the same meaning as defined

in Section 1714.25 of the Civil Code.

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114433. Criminal liability

A person, GLEANER, or FOOD FACILITY that donates FOOD as

permitted by Section 114432 shall not be subject to civil or criminal liability or

penalty for violation of any LAWs, regulations, or ordinances regulating the labeling

or packaging of the donated product or, with respect to any other LAWs,

regulations, or ordinances, for a violation occurring after the time of the donation.

The donation of nonperishable FOOD that is fit for human consumption but that

has exceeded the labeled shelf life date recommended by the manufacturer is

protected under the California Good Samaritan Food Donation Act. The donation

of perishable FOOD that is fit for human consumption but that has exceeded the

labeled shelf life date recommended by the manufacturer is protected under the

California Good Samaritan Food Donation Act if the person that distributes the

FOOD to the end recipient makes a good faith evaluation that the FOOD to be

donated is wholesome.

114434. Immunity

The immunities provided in Section 114433 and by Section 1714.25 of

the Civil Code, the California Good Samaritan Food Donation Act, are in addition

to any other immunities provided by LAW, including those provided by Chapter 5

(commencing with Section 58501) of Part 1 of Division 21 of the Food and

Agricultural Code.

114435. Food Recovery Promotion

In implementing this article, ENFORCEMENT OFFICERs shall promote

the recovery of FOOD fit for human consumption during their normal, routine

inspections. Promotion shall include, but not be limited to, newsletters, bulletins,

and handouts that inform RETAIL FOOD FACILITY operators about the

protections from civil and criminal liability when donating FOOD.

Article 8. Child Day Care Facilities, Community Care Facilities and

Residential Care Facilities for the Elderly

114437. Delegation to State Department of Social Services

If and when a specific appropriation is made available, the State

Department of Social Services shall develop new regulations regarding FOOD

PREPARATION provisions for child day care facilities, community care facilities,

and residential care facilities for the elderly that would carry out the intent of this

part to ensure the health and safety of individuals and that would not adversely

affect those facilities that are safely operated. In developing proposed FOOD

PREPARATION provisions for child day care facilities, the State Department of

Social Services shall consult with the DEPARTMENT and the State Department of

Education.

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Index

Acceptable market name, definition, 113729.5

Acidification

HACCP requirement, 114419.b.1

Acute gastrointestinal illness, definition, 113733

Additive

definition, 113729

boiler water, criteria, 114189.1

color, restrictions, 113998

food or color additives, 114087

Adulterated, definition, 113732

Air drying, utensils, 114105

Air gap, 114193, 114193.1

Alcohol in candy, consumer advisory, 114093.1

Allergens, see Major food allergen

Animals in facility

custom processing for personal use, 114419

farm stands, 114375.d

HACCP requirement, 114419.a.5

handling, restrictions, 114259.4, 114259.5

outdoor dining areas, 113709, 114259.5.d

ANSI accreditation requirement, 114130

Approved, definition, 113734.

Approved source, definition, 113735

requirement, 114021

temporary food facility, 114339

Asian rice noodles, exemption, 114429.5

Authority to establish local requirements, 113709

definition, 113737

HACCP requirement, 114419.b.1

potentially hazardous food, 113871.c.1

Baby food, 114094.5

Backflow prevention methods, 114193.1

Back siphonage prevention, 114193

Bait fish, storage, 114259.5.e

Barbecues see Open air barbecues

Bare hand contact, non-prepackaged food, 113961

Bed and breakfast, 113893

Beer tasting, 113789, 114289

Beverages

definition, 113739

dispensing, 114065

temporary food facility, 114345

tubing, 114167

199

Buffet, see Salad bar

Bulk food labeling

self-service, 114089.c

working containers, 114051

CFR – Code of federal regulations

definition, 113744

California Department of Health Services cost recovery, 113717

Can openers, 114139

Catering operation

definition, 113739.1

operation, 114328

host facility, 114328.1

Ceilings/ walls, see Walls and ceilings

Certified farmers’ market

definition, 113742

applicable requirements, 114370

facility requirements, 114371

food sampling, 114371.b

live animals, 114371.d

raw shell eggs, 114373

smoking, 114371.f

toilet and handwashing facilities, 114371.c

Charitable feeding operation, see Limited service charitable feeding operation

Charitable, nonprofit organization

definition, 113841

delegation to State Department of Social Services, 114437

temporary food facility, see Nonprofit charitable temporary food facility

Children’s Meals, 114379

alternative beverage, 114379.30

definition, 114379.10

default beverage, 114379.20

legislative intent, 114379.60

variation; infraction; fine, 114379.50

Chinese-style roast duck, exemption, 114425

Chlorine sanitization, 114099.6.c.1, 114099.7.b.1

Cleaning & sanitizing of equipment and utensils, see Equipment and utensils

Cleanable in place (CIP), equipment, 114130.5

Cleaning frequency, equipment, 114117

Clothing, employee, 113971

Cold holding, see Hot and cold holding

Cold water, definition, 113747.1

Commingle, definition, 113748

Comminuted, definition, 113750

Commissary

definition, 113751

mobile food facility at a community event, 114295.b

mobile food facility requirement, 114295.a

200

mobile food facility storage requirement, 114295.c

mobile support units, 114295.d

Community event

definition, 113755

permit requirements for an organizer, 114381.1

Compact Mobile Food Operation, 114368

applicable requirements, 114368

definition, 113831.c

cottage food, 114368.3

enforcement, 114368.8

exemptions, 114368.6, 114368.7

handwashing, 114368.4

limited food prep, 114368.2

microenterprise home kitchen operation, 114368.3

mobile support unit, 114368.3

plan review, 114368.5

warewashing, 114368.4

Compliance with applicable codes, 113715

Compressed gas cylinders, see Pressurized cylinders

Condiment

definition, 113756

protection, 114077

Consumer, definition, 113757

Consumer access, 113984.1

restrooms, 114276.2

Consumer advisory, 114093

Consumer information

bakery products, labeling, 114089.1

confectionary containing alcohol, 114093.1

consumer advisory, 114093

highly susceptible population, 114091

honestly presented, 114087

labeling, 114089

Contamination, see Protection from contamination

Control point, definition, 113759

Cooking

immediate service, 114014

microwave, 114008

plant foods, 114010

raw animal products, 114004

Cooling, 114002, 114002.1

equipment, capacity, 114153

Copper as food contact surface, use limitation, 114133

Cost recovery, 114289.5

Cottage food operation

Cottage food product list, 114365.5

Definition, 113758

Operational requirements, 114365.2

Registration and permitting, 114365

201

Training, 114365.6

Cottage food product, 114088

Community food producer,

definition, 113752

requirements, 114376

Critical control point,

definition, 113760

Critical limit, definition, 113761

Curing food, HACCP requirement, 114419.a.2

Cutting surfaces maintenance and operation, 114177

Department, definition, 113763

Diligent preparation, 113998

Display of food, see Food display

Dollies, moveability, 114165

Donations

criminal liability, 114433.

food facility donations, 114432

immunity, 114434.

Doors

pass through, 114259.2

restroom, 114276.c

Drainboards, 114103

Drains, floors, 114269

Drinking, employee, 113977

Drying agents, sanitization, 114109

Dumpster, see Refuse

Easily cleanable, definition, 113767

Easily movable, definition, 113768

Eating, employee, 113977

Egg

definition, 113769

holding temperatures, 113996

receiving standards, 114041

restrictions for highly susceptible populations, 114091

substituting pasteurized for raw, 114012

temporary food facility, storage/display, 114373

Electrical power requirements, 114182

Employee

definition, 113770

clothing, 113971

eating, drinking or using tobacco, 113977

knowledge, minimum standards, 113947