Health and Safety Code — Part 12 | HSC — United States — California law | Esheria

Health and Safety Code

Part 12 of 87 · provisions 2,201–2,400

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 113719.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Structural and sanitation requirements for a food facility must be based on the food service activity, the type of food prepared or served, and how much food preparation is done there.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113719. 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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  2. 11372.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    This section lets a court add fines to certain drug offense sentences, but the fine cannot replace prison time.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11372. (a) In addition to the term of imprisonment provided by law for persons convicted of violating Section 11350, 11351, 11351.5, 11352, 11353, 11355, 11359, 11360, or 11361, the trial court may impose a fine not exceeding twenty thousand dollars ($20,000) for each offense. A fine shall not be levied in lieu of or in substitution for the term of imprisonment provided by law for any of these offenses. (b) A person receiving an additional term pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not exceeding one million dollars ($1,000,000) for each offense. (c) A person receiving an additional term pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not to exceed four million dollars ($4,000,000) for each offense. (d) A person receiving an additional term pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not to exceed eight million dollars ($8,000,000) for each offense. (e) The court shall make a finding, prior to the imposition of the fines authorized by subdivisions (b) through (d), inclusive, that there is a reasonable expectation that the fine, or a substantial portion thereof, could be collected within a reasonable period of time, taking into consideration the defendant’s income, earning capacity, and financial resources. (Amended by Stats. 2023, Ch. 540, Sec. 2. (AB 701) Effective January 1, 2024.)
  3. 11372.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    People convicted of listed drug offenses must pay a $50 criminal laboratory analysis fee per offense, and the county treasurer must manage the related fund and distributions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11372.5. (a) Every person who is convicted of a violation of Section 11350, 11351, 11351.5, 11352, 11355, 11358, 11359, 11361, 11363, 11364, 11368, 11375, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, 11382, 11383, 11390, 11391, or 11550 or subdivision (a) or (c) of Section 11357, or subdivision (a) of Section 11360 of this code, or Section 4230 of the Business and Professions Code shall pay a criminal laboratory analysis fee in the amount of fifty dollars ($50) for each separate offense. The court shall increase the total fine necessary to include this increment. With respect to those offenses specified in this subdivision for which a fine is not authorized by other provisions of law, the court shall, upon conviction, impose a fine in an amount not to exceed fifty dollars ($50), which shall constitute the increment prescribed by this section and which shall be in addition to any other penalty prescribed by law. (b) The county treasurer shall maintain a criminalistics laboratories fund. The sum of fifty dollars ($50) shall be deposited into the fund for every conviction under Section 11350, 11351, 11351.5, 11352, 11355, 11358, 11359, 11361, 11363, 11364, 11368, 11375, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, 11382, 11383, 11390, 11391, or 11550, subdivision (a) or (c) of Section 11357, or subdivision (a) of Section 11360 of this code, or Section 4230 of the Business and Professions Code, in addition to fines, forfeitures, and other moneys which are transmitted by the courts to the county treasurer pursuant to Section 11502. The deposits shall be made prior to any transfer pursuant to Section 11502. The county may retain an amount of this money equal to its administrative cost incurred pursuant to this section. Moneys in the criminalistics laboratories fund shall, except as otherwise provided in this section, be used exclusively to fund (1) costs incurred by criminalistics laboratories providing microscopic and chemical analyses for controlled substances, in connection with criminal investigations conducted within both the incorporated or unincorporated portions of the county, (2) the purchase and maintenance of equipment for use by these laboratories in performing the analyses, and (3) for continuing education, training, and scientific development of forensic scientists regularly employed by these laboratories. Moneys in the criminalistics laboratory fund shall be in addition to any allocations pursuant to existing law. As used in this section, “criminalistics laboratory” means a laboratory operated by, or under contract with, a city, county, or other public agency, including a criminalistics laboratory of the Department of Justice, (1) which has not less than one regularly employed forensic scientist engaged in the analysis of solid-dose controlled substances, and (2) which is registered as an analytical laboratory with the Drug Enforcement Administration of the United States Department of Justice for the possession of all scheduled controlled substances. In counties served by criminalistics laboratories of the Department of Justice, amounts deposited in the criminalistics laboratories fund, after deduction of appropriate and reasonable county overhead charges not to exceed 5 percent attributable to the collection thereof, shall be paid by the county treasurer once a month to the Controller for deposit into the state General Fund, and shall be excepted from the expenditure requirements otherwise prescribed by this subdivision. (c) The county treasurer shall, at the conclusion of each fiscal year, determine the amount of any funds remaining in the special fund established pursuant to this section after expenditures for that fiscal year have been made for the purposes herein specified. The board of supervisors may, by resolution, assign the treasurer’s duty to determine the amount of remaining funds to the auditor or another county officer. The county treasurer shall annually distribute those surplus funds in accordance with the allocation scheme for distribution of fines and forfeitures set forth in Section 11502. (Amended by Stats. 2005, Ch. 158, Sec. 23. Effective January 1, 2006.)
  4. 11372.7.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    People convicted of a violation of this chapter must pay a drug program fee of up to $150 per offense, unless the court finds they cannot pay or another stated exception applies.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11372.7. (a) Except as otherwise provided in subdivision (b) or (e), each person who is convicted of a violation of this chapter shall pay a drug program fee in an amount not to exceed one hundred fifty dollars ($150) for each separate offense. The court shall increase the total fine, if necessary, to include this increment, which shall be in addition to any other penalty prescribed by law. (b) The court shall determine whether or not the person who is convicted of a violation of this chapter has the ability to pay a drug program fee. If the court determines that the person has the ability to pay, the court may set the amount to be paid and order the person to pay that sum to the county in a manner that the court believes is reasonable and compatible with the person’s financial ability. In its determination of whether a person has the ability to pay, the court shall take into account the amount of any fine imposed upon that person and any amount that person has been ordered to pay in restitution. If the court determines that the person does not have the ability to pay a drug program fee, the person shall not be required to pay a drug program fee. (c) The county treasurer shall maintain a drug program fund. For every drug program fee assessed and collected pursuant to subdivisions (a) and (b), an amount equal to this assessment shall be deposited into the fund for every conviction pursuant to this chapter, in addition to fines, forfeitures, and other moneys that are transmitted by the courts to the county treasurer pursuant to Sections 11372.5 and 11502. These deposits shall be made prior to any transfer pursuant to Section 11502. Amounts deposited in the drug program fund shall be allocated by the administrator of the county’s drug program to drug abuse programs in the schools and the community, subject to the approval of the board of supervisors, as follows: (1) The moneys in the fund shall be allocated through the planning process established pursuant to Sections 11983, 11983.1, 11983.2, and 11983.3. (2) A minimum of 33 percent of the fund shall be allocated to primary prevention programs in the schools and the community. Primary prevention programs developed and implemented under this article shall emphasize cooperation in planning and program implementation among schools and community drug abuse agencies, and shall demonstrate coordination through an interagency agreement among county offices of education, school districts, and the county drug program administrator. These primary prevention programs may include: (A) School- and classroom-oriented programs, including, but not limited to, programs designed to encourage sound decisionmaking, an awareness of values, an awareness of drugs and their effects, enhanced self-esteem, social and practical skills that will assist students toward maturity, enhanced or improved school climate and relationships among all school personnel and students, and furtherance of cooperative efforts of school- and community-based personnel. (B) School- or community-based nonclassroom alternative programs, or both, including, but not limited to, positive peer group programs, programs involving youth and adults in constructive activities designed as alternatives to drug use, and programs for special target groups, such as women, ethnic minorities, and other high-risk, high-need populations. (C) Family-oriented programs, including, but not limited to, programs aimed at improving family relationships and involving parents constructively in the education and nurturing of their children, as well as in specific activities aimed at preventing substance use disorders. (D) Primary prevention activities aligned with evidence-based best practices or identified in the Substance Use Prevention, Treatment, and Recovery Services Block Grant, authorized by Section 1921 of Subparts II and III of Part B of Title XIX of the Public Health Service Act. (d) Moneys deposited into a county drug program fund pursuant to this section shall supplement, and shall not supplant, any local funds made available to support the county’s drug abuse prevention and treatment efforts. (e) This section shall not apply to any person convicted of a violation of subdivision (b) of Section 11357 of the Health and Safety Code. (Amended by Stats. 2025, Ch. 569, Sec. 3. (AB 1037) Effective January 1, 2026.)
  5. 113725.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    The enforcement agency must use a standardized food facility inspection format with specified items and violation classifications.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113725. (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. (C) Inadequate cooking 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. (c) This section shall not restrict the ability of the enforcement agency to inspect and report on criteria other than those subject to regulation under this part. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  6. 113725.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    A food facility must keep the most recent routine inspection report on site, make it available on request, and post a notice telling consumers it can be reviewed.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113725.1. 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. (Amended by Stats. 2007, Ch. 96, Sec. 2. Effective July 20, 2007.)
  7. 113725.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Local enforcement agencies must conduct routine training on food facility inspection standardization; the department must do the same when adequate funding is available.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113725.2. 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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  8. 113725.3.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    The department must publish standardized procedures for reporting food facility inspection information, and enforcement agencies reporting on a website must follow them.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113725.3. (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). (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  9. 113728.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

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    This section says the definitions that follow apply to interpreting and applying this part.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113728. The following definitions apply in the interpretation and application of this part. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  10. 113729.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

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    This section defines “food additive” and “color additive” by reference to other sections.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113729. “Food additive” has the meaning stated in Section 109940. “Color additive” has the meaning stated in Section 109895. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  11. 113729.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

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    This section defines “acceptable market name” for species labeling.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113729.5. “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. (c) A name specifically coined as the market name for a species. For example, “basa” is the market name coined for Pangasius bocourti. (Added by Stats. 2015, Ch. 615, Sec. 1. (AB 226) Effective January 1, 2016.)
  12. 11373.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    Courts must usually order probationers convicted of controlled substance offenses to complete an approved education or treatment program, and certain fentanyl-related cases must complete a fentanyl/synthetic opiate program if available.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11373. (a) (1) When a person who is otherwise eligible for probation is granted probation by the trial court or sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code, after conviction for a violation of any controlled substance offense under this division, the trial court shall, as a condition of probation, order that person to complete successfully a controlled substance education or treatment program, as appropriate for the individual, approved pursuant to subdivision (c), or if none is available, from a local community agency designated by the court. (2) For purposes of this section, “complete successfully” means that a defendant who has had controlled substance education or treatment imposed as a condition of probation has completed the prescribed course of controlled substance education or treatment as recommended by the treatment provider and ordered by the court. Completion of education or treatment shall not require cessation of narcotic replacement therapy. (3) When referring a person pursuant to this subdivision, the court shall determine the person’s ability to pay. If the court finds that the person is financially unable to pay, the court may develop a sliding fee schedule for the program based on the person’s ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs. (4) (A) To fulfill the requirements of paragraph (1), when a defendant is granted probation by the trial court after conviction for a violation of Section 11350, 11351, or 11352 involving any amount of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, the trial court shall order that person to successfully complete a fentanyl and synthetic opiate education program, if one is available. (B) A fee shall not be imposed for participation or enrollment in a fentanyl and synthetic opiate education program. (b) The willful failure to complete a court-ordered controlled substance education or treatment program shall be a circumstance in aggravation for purposes of sentencing for any subsequent prosecution for a violation of Section 11353, 11354, or 11380. The failure to complete an education or treatment program because of the person’s inability to pay the costs of the program or because of the unavailability to the defendant of appropriate programs is not a willful failure to complete the program for the purposes of this section. (c) (1) The court or the probation department shall refer defendants only to controlled substance education or treatment programs that follow standards outlined in paragraph (2), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The county drug program administrator, with input from representatives of the court, the county probation department, and substance use treatment providers, shall design and implement an approval and renewal process for controlled substance education or treatment programs. (2) A controlled substance education and treatment program shall be based on the best available current science and evidence and provide educational resources on the pathology of addiction and existing treatment modalities. The goal of a controlled substance education or treatment program shall be to save lives and reduce the risks associated with drug use, including the manufacture and distribution of controlled substances, and to reduce the recidivism that occurs from the use of controlled substances. As such, a controlled substance education or treatment program shall include education about how the use of controlled substances affects the body and brain, factors that contribute to physical dependence, how to recognize and respond to the signs of drug overdose, and the dangers of using controlled substances, unless under appropriate medical supervision. Such education shall be culturally and linguistically appropriate and may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who are exposed to controlled substances and the extreme danger to human life when manufactured or distributed. (d) Upon conviction of any felony in which the defendant is sentenced to state prison for a violation of any controlled substance offense under this division, a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a controlled substance education or treatment program while imprisoned that complies with the standards outlined in paragraph (2) of subdivision (c). (e) Upon conviction of any felony in which the defendant is sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code and the court does not order suspension of the execution of the term of imprisonment pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 of the Penal Code, for a violation of any controlled substance offense under this division, a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a controlled substance education or treatment program while imprisoned that complies with the standards outlined in paragraph (2) of subdivision (c). (f) As used in this section, “opiate” includes “opioid” drugs. (Amended by Stats. 2023, Ch. 818, Sec. 2.5. (AB 890) Effective January 1, 2024.)
  13. 113732.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Adulterated” food includes food with poisonous or deleterious substances that may make it unsafe, and food handled in a way that departs from a HACCP plan and increases risk.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113732. “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 discernable increase in risk. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  14. 113733.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “acute gastrointestinal illness” as a short-duration illness with certain symptom patterns.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113733. “Acute gastrointestinal illness” means a short duration illness most often characterized by either of the following, which are known to be commonly associated with the agents most likely to be transmitted from infected food employees through contamination of food: (a) Diarrhea, either alone or in conjunction with other gastrointestinal symptoms, such as vomiting, fever, or abdominal cramps. (b) Vomiting in conjunction with either diarrhea or two other gastrointestinal symptoms, such as fever or abdominal cramps. (Amended by Stats. 2009, Ch. 571, Sec. 1. (SB 241) Effective October 11, 2009.)
  15. 113734.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “approved” as acceptable to the enforcement agency based on compliance with applicable laws, or, if there are no applicable laws, with current public health principles, practices, and recognized industry standards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113734. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  16. 113735.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “approved source” for food items and says certain whole uncut fruit, vegetables, and unrefrigerated shell eggs are treated as from an approved source if they meet listed legal and safety requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113735. (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. (Amended by Stats. 2013, Ch. 404, Sec. 3. (AB 224) Effective January 1, 2014.)
  17. 113737.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “aw” as water activity, a measure of free moisture in food.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113737. “aw” 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 aw. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  18. 113739.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “beverage” as a liquid for drinking, including water.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113739. “Beverage” means a liquid for drinking, including water. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  19. 113739.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “catering operation” and excludes certain takeout, delivery, and community-event food facilities from that definition.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113739.1. (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. (Added by Stats. 2018, Ch. 493, Sec. 1. (AB 2524) Effective January 1, 2019.)
  20. 11374.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    A person who violates or fails to comply with a provision of this division commits a misdemeanor, unless that provision has its own penalty.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11374. Every person who violates or fails to comply with any provision of this division, except one for which a penalty is otherwise in this division specifically provided, is guilty of a misdemeanor punishable by a fine in a sum not less than thirty dollars ($30) nor more than five hundred dollars ($500), or by imprisonment for not less than 15 nor more than 180 days, or by both. (Added by Stats. 1972, Ch. 1407.)
  21. 11374.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    A manufacturer of a controlled substance who illegally disposes of certain hazardous substances commits a public offense and may face prison or county jail time.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11374.5. (a) Any manufacturer of a controlled substance who disposes of any hazardous substance that is a controlled substance or a chemical used in, or is a byproduct of, the manufacture of a controlled substance in violation of any law regulating the disposal of hazardous substances or hazardous waste is guilty of a public offense punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years or in the county jail not exceeding one year. (b) (1) In addition to any other penalty or liability imposed by law, a person who is convicted of violating subdivision (a), or any person who is convicted of the manufacture, sale, possession for sale, possession, transportation, or disposal of any hazardous substance that is a controlled substance or a chemical used in, or is a byproduct of, the manufacture of a controlled substance in violation of any law, shall pay a penalty equal to the amount of the actual cost incurred by the state or local agency to remove and dispose of the hazardous substance that is a controlled substance or a chemical used in, or is a byproduct of, the manufacture of a controlled substance and to take removal action with respect to any release of the hazardous substance or any items or materials contaminated by that release, if the state or local agency requests the prosecuting authority to seek recovery of that cost. The court shall transmit all penalties collected pursuant to this subdivision to the county treasurer of the county in which the court is located for deposit in a special account in the county treasury. The county treasurer shall pay that money at least once a month to the agency that requested recovery of the cost for the removal action. The county may retain up to 5 percent of any assessed penalty for appropriate and reasonable administrative costs attributable to the collection and disbursement of the penalty. (2) If the Department of Toxic Substances Control has requested recovery of the cost of removing the hazardous substance that is a controlled substance or a chemical used in, or is a byproduct of, the manufacture of a controlled substance or taking removal action with respect to any release of the hazardous substance, the county treasurer shall transfer funds in the amount of the penalty collected to the Treasurer, who shall deposit the money in the Illegal Drug Lab Cleanup Account, which is hereby created in the General Fund in the State Treasury. The Department of Toxic Substances Control may expend the money in the Illegal Drug Lab Cleanup Account, upon appropriation by the Legislature, to cover the cost of taking removal actions pursuant to Article 16 (commencing with Section 79350) of Chapter 5 of Part 2 of Division 45. (3) If a local agency and the Department of Toxic Substances Control have both requested recovery of removal costs with respect to a hazardous substance that is a controlled substance or a chemical used in, or is a byproduct of, the manufacture of a controlled substance, the county treasurer shall apportion any penalty collected among the agencies involved in proportion to the costs incurred. (c) As used in this section the following terms have the following meaning: (1) “Dispose” means to abandon, deposit, intern, or otherwise discard as a final action after use has been achieved or a use is no longer intended. (2) “Hazardous substance” has the same meaning as defined in subdivision (a) of Section 78075. (3) “Hazardous waste” has the same meaning as defined in Section 25117. (4) For purposes of this section, “remove” or “removal” has the same meaning as set forth in Section 78135. (Amended by Stats. 2022, Ch. 258, Sec. 29. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  22. 113740.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “CCR” as the California Code of Regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113740. “CCR” means the California Code of Regulations. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  23. 113742.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “certified farmers’ market” as a location certified by California through county agricultural commissioners and operated under specified Food and Agricultural Code provisions and regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113742. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  24. 113743.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “Certified mobile farmers’ market” and says it must be a mobile food facility that sells certain foods and meets the requirements in Section 123279.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113743. “Certified mobile farmers’ market” means a mobile food facility, as defined in Section 113831, that sells agricultural products, as defined in paragraph (1) of subdivision (a) of Section 47000.5 of the Food and Agricultural Code, prepackaged nonpotentially hazardous foods, cottage food products, processed foods, or a combination thereof, and meets all of the requirements set forth in Section 123279.1. (Added by Stats. 2024, Ch. 915, Sec. 3. (AB 2786) Effective January 1, 2025.)
  25. 113744.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “C.F.R.” means the Code of Federal Regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113744. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  26. 113747.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “CIP” and excludes certain manual in-place cleaning from that term.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113747. (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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  27. 113747.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “cold water” as potable water that has not been heated by an auxiliary method or source.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113747.1. “Cold water” means potable water that is not heated by an auxiliary method or source. (Added by Stats. 2009, Ch. 571, Sec. 3. (SB 241) Effective October 11, 2009.)
  28. 113748.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “commingle” for shellfish handling.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113748. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  29. 11375.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    It is an offense to sell, give, distribute, administer, or possess for sale certain synthetic stimulant compounds or derivatives, and to use or possess them; penalties depend on the conduct and offense count.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11375.5. (a) Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, any synthetic stimulant compound specified in subdivision (c), or any synthetic stimulant derivative, to any person, or who possesses that compound or derivative for sale, is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (b) Every person who uses or possesses any synthetic stimulant compound specified in subdivision (c), or any synthetic stimulant derivative, is guilty of a public offense, punishable as follows: (1) A first offense is an infraction punishable by a fine not exceeding two hundred fifty dollars ($250). (2) A second offense is an infraction punishable by a fine not exceeding two hundred fifty dollars ($250) or a misdemeanor punishable by imprisonment in a county jail not exceeding six months, a fine not exceeding five hundred dollars ($500), or by both that fine and imprisonment. (3) A third or subsequent offense is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (c) Unless specifically excepted, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, or unless listed in another schedule, subdivisions (a) and (b) apply to any material, compound, mixture, or preparation which contains any quantity of a substance or analog of a substance, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers whenever the existence of such salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers is possible, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in one of the following ways: (1) By substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents. (2) By substitution at the 3-position with an alkyl substituent. (3) By substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure. (d) This section shall not prohibit prosecution under any other provision of law. (Amended by Stats. 2016, Ch. 624, Sec. 3. (SB 139) Effective September 25, 2016.)
  30. 11375.7.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section lets certain misdemeanor defendants enter a preguilty plea drug court program, but it excludes some people and limits dismissal rules.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11375.7. (a) Unless otherwise excluded pursuant to this section, a person charged with a misdemeanor pursuant to paragraph (3) of subdivision (b) of Section 11357.5 or paragraph (3) of subdivision (b) of Section 11375.5 shall be eligible to participate in a preguilty plea drug court program, as described in Section 1000.5 of the Penal Code. (b) Notwithstanding any other law, a positive test for use of a controlled substance, any other drug that may not be possessed without a prescription, or alcohol shall not be grounds for dismissal from the program, unless the person is not making progress in the program. The court shall consider a report or recommendation of the treatment provider in making this determination. It shall be presumed that a person engaged in a program is making progress, unless that presumption is defeated by clear and convincing evidence. The person may offer evidence or an argument that he or she would benefit from and make progress in a different program or mode. If the court so finds, it may place the person in a different treatment program. (c) Notwithstanding any other law, the following persons are excluded from participation in the program under this section: (1) A person with a history of violence that indicates that he or she presents a current risk of violent behavior currently or during the treatment program. This ground for exclusion shall be established by clear and convincing evidence. (2) A person required to register as a sex offender pursuant to Section 290, unless the court finds by clear and convincing evidence that the person does not present a substantial risk of committing sexual offenses currently or through the course of the program and the person would benefit from the program, including that treatment would reduce the risk that the person would sexually reoffend. (3) A person who the treatment provider concludes is unamenable to any and all forms of drug treatment. The defendant may present evidence that he or she is amenable to treatment and the court may retain the person in the program if the court finds that the person is amenable to treatment through a different provider or a different mode of treatment. (d) Notwithstanding any other law, a prior conviction for an offense involving a controlled substance or drug that may not be possessed without a prescription, including a substance listed in Section 11357.5 or 11375.5, is not grounds for exclusion from the program, unless the court finds by clear and convincing evidence that the person is likely to engage in drug commerce for financial gain, rather than for purposes of obtaining a drug or drugs for personal use. (Amended by Stats. 2017, Ch. 561, Sec. 112. (AB 1516) Effective January 1, 2018.)
  31. 113750.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “comminuted” and gives examples of fish or meat products that count as comminuted.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113750. (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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  32. 113751.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A commissary is a food facility that serves mobile food facilities, mobile support units, or vending machines and handles storage, preparation, cleaning, waste disposal, or potable water for them.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113751. “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. (c) Utensils are cleaned. (d) Liquid and solid wastes are disposed, or potable water is obtained. (Amended by Stats. 2007, Ch. 96, Sec. 3. Effective July 20, 2007.)
  33. 113752.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “community food producer” as a producer of agricultural products on land not zoned for agricultural use, so long as the land still complies with applicable local land use and zoning restrictions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113752. “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. (Added by Stats. 2014, Ch. 580, Sec. 2. (AB 1990) Effective January 1, 2015.)
  34. 113755.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “community event” as an event lasting no more than 25 consecutive or nonconsecutive days within a 90-day period and being civic, political, public, or educational in nature.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113755. “Community event” means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of a 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. (Amended by Stats. 2015, Ch. 164, Sec. 1. (AB 143) Effective January 1, 2016.)
  35. 113756.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “condiment” as a nonpotentially hazardous food that needs no additional preparation and is used on a food item.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113756. “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 chile peppers. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  36. 113757.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “consumer” as a member of the public who takes possession of food, is not acting as the operator of a food facility, and does not offer the food for resale.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113757. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  37. 113758.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines key cottage food terms, including cottage food operation, cottage food operator, sales types, and location terms.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113758. (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 no 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 their 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 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, 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 a transaction within the state 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. (Amended by Stats. 2021, Ch. 178, Sec. 1. (AB 1144) Effective January 1, 2022.)
  38. 113759.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Control point” means a distinct step or procedure in receiving, storing, handling, preparing, displaying, transporting, or dispensing food.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113759. “Control point” means any distinct procedure or step in receiving, storing, handling, preparing, displaying, transporting, or dispensing a food. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  39. 11376.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    After a diversion or conviction for an offense involving substance abuse, the court may require the defendant to take and complete counseling or education programs.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11376. Upon the diversion or conviction of a person for any offense involving substance abuse, the court may require, in addition to any or all other terms of diversion or imprisonment, fine, or other reasonable conditions of sentencing or probation imposed by the court, that the defendant participate in and complete counseling or education programs, or both, including, but not limited to, parent education or parenting programs operated by community colleges, school districts, other public agencies, or private agencies. (Added by Stats. 1996, Ch. 210, Sec. 1. Effective January 1, 1997.)
  40. 11376.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    A person who seeks medical help in good faith during a drug overdose situation is not committing a crime for being under the influence or possessing drugs or paraphernalia for personal use, if they do not obstruct medical or law enforcement personnel.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11376.5. (a) (1) Notwithstanding any other law, it shall not be a crime for a person to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if that person, in good faith, seeks medical assistance for another person experiencing a drug-related overdose that is related to the possession of a controlled substance, controlled substance analog, or drug paraphernalia of the person seeking medical assistance, and that person does not obstruct medical or law enforcement personnel. No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred. (2) Notwithstanding any other law, it shall not be a crime for a person who experiences a drug-related overdose and who is in need of medical assistance to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if the person or one or more other persons at the scene of the overdose, in good faith, seek medical assistance for the person experiencing the overdose. No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred. (b) This section shall not affect laws prohibiting the selling, providing, giving, or exchanging of drugs, or laws prohibiting the forcible administration of drugs against a person’s will. (c) Nothing in this section shall affect liability for any offense that involves activities made dangerous by the consumption of a controlled substance or controlled substance analog, including, but not limited to, violations of Section 23103 of the Vehicle Code as specified in Section 23103.5 of the Vehicle Code, or violations of Section 23152 or 23153 of the Vehicle Code. (d) For the purposes of this section, the following definitions shall apply: (1) “Drug-related overdose” means an acute medical condition that is the result of the ingestion or use by an individual of one or more controlled substances or one or more controlled substances in combination with alcohol, in quantities that are excessive for that individual that may result in death, disability, or serious injury. An individual’s condition shall be deemed to be a “drug-related overdose” if a reasonable person of ordinary knowledge would believe the condition to be a drug-related overdose that may result in death, disability, or serious injury. (2) “Seeks medical assistance” or “seek medical assistance” includes any communication made verbally, in writing, or in the form of data from a health-monitoring device, including, but not limited to, smart watches, for the purpose of obtaining medical assistance. (Amended by Stats. 2023, Ch. 106, Sec. 1. (SB 250) Effective January 1, 2024.)
  41. 11376.6.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    A person is not criminally liable for possessing certain drugs or drug paraphernalia for personal use if they deliver the controlled substance to public health or law enforcement and notify them about possible adulteration.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11376.6. (a) (1) Notwithstanding any other law, it shall not be a crime for a person to possess for personal use a controlled substance, controlled substance analog, or drug paraphernalia if the person delivers the controlled substance or controlled substance analog to the local public health department or law enforcement and notifies them of the likelihood that other batches of the controlled substance may have been adulterated with other substances, if known. (2) (A) The identity of the person described in paragraph (1) shall remain confidential. (B) The person described in paragraph (1) may, but shall not be required to, reveal the identity of the individual from whom the person obtained the controlled substance or controlled substance analog. (b) No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred. (Added by Stats. 2023, Ch. 106, Sec. 2. (SB 250) Effective January 1, 2024.)
  42. 113760.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “critical control point” as a point or procedure in a food system where losing control may create an unacceptable health risk.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113760. “Critical control point” means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  43. 113761.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “critical limit” as the maximum or minimum value for a physical, biological, or chemical parameter that must be controlled at a critical control point.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113761. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  44. 113763.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Department” means the State Department of Public Health.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113763. “Department” means the State Department of Public Health. (Amended by Stats. 2007, Ch. 483, Sec. 25. Effective January 1, 2008.)
  45. 113767.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “easily cleanable” as a surface that can be effectively cleaned by normal methods.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113767. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  46. 113768.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Easily movable” is defined as equipment that meets one of the listed mobility or disconnect conditions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113768. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  47. 113769.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “egg” as a shell egg from certain avian species, with exceptions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113769. “Egg” means the shell egg of an avian species that includes chicken, duck, goose, guinea, quail, ratite, or turkey, except a balut and an egg product. “Egg” does not include the egg of a reptile species, including an alligator. (Amended by Stats. 2009, Ch. 571, Sec. 4. (SB 241) Effective October 11, 2009.)
  48. 11377.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    This section bans unauthorized possession of certain controlled substances and sets a jail term and possible fine for violations.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11377. (a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. (b) The judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (c) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply: (1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder. (2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner. (d) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription. (Amended (as amended by Proposition 47) by Stats. 2017, Ch. 269, Sec. 6. (SB 811) Effective January 1, 2018. Note: This section was amended on Nov. 4, 2014, by initiative Prop. 47.)
  49. 11377.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    A person who possesses certain controlled substances with the intent to commit sexual assault is subject to imprisonment, unless another rule in the division provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11377.5. (a) Except as otherwise provided in this division, every person who possesses any controlled substance specified in paragraph (11) of subdivision (c) of, or subdivision (g) of, Section 11056 of this code, or paragraph (13) of subdivision (d) of Section 11057 of this code, with the intent to commit sexual assault, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) For purposes of this section, “sexual assault” means conduct in violation of Section 243.4, 261, 262, 286, 287, or 289 of, or former Section 288a of, the Penal Code. (Amended by Stats. 2018, Ch. 423, Sec. 36. (SB 1494) Effective January 1, 2019.)
  50. 113770.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “employee” for the California Retail Food Code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113770. “Employee” means the permitholder, 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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  51. 113773.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Enforcement agency” means the department or local health agency with jurisdiction over the food facility.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113773. “Enforcement agency” means the department or the local health agency having jurisdiction over the food facility. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  52. 113774.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “enforcement officer.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113774. “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. (Amended by Stats. 2007, Ch. 483, Sec. 26. Effective January 1, 2008.)
  53. 113777.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “equipment” for a food facility and excludes certain material-handling items.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113777. (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 machine, 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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  54. 113778.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Exclude” means preventing a person from working as a food employee or entering a food facility, except in areas open to the general public.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113778. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  55. 113778.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “FDA” means the United States Food and Drug Administration.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113778.1. “FDA” means the United States Food and Drug Administration. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  56. 113778.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “farm stands” as premises that meet certain local and Food and Agricultural Code requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113778.2. “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. (Added by Stats. 2008, Ch. 447, Sec. 7. Effective January 1, 2009.)
  57. 113778.4.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “fabric implement” as a cloth or fabric, including burlap and cheesecloth, used in food processing and directly contacting food that is later cooked.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113778.4. “Fabric implement” means a cloth or fabric, including, but not limited to, burlap and cheesecloth, that is used as part of the food process and comes in direct contact with food that is subsequently cooked. (Added by Stats. 2009, Ch. 571, Sec. 5. (SB 241) Effective October 11, 2009.)
  58. 113779.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “fish” for this code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113779. (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. (Amended by Stats. 2015, Ch. 615, Sec. 2. (AB 226) Effective January 1, 2016.)
  59. 11378.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    A person who possesses for sale certain controlled substances is subject to imprisonment, unless an exception in another article applies.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11378. Except as otherwise provided in Article 7 (commencing with Section 4110) of Chapter 9 of Division 2 of the Business and Professions Code, a person who possesses for sale a controlled substance that meets any of the following criteria shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code: (1) The substance is classified in Schedule III, IV, or V and is not a narcotic drug, except the substance specified in subdivision (g) of Section 11056. (2) The substance is specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d). (3) The substance is specified in paragraph (11) of subdivision (c) of Section 11056. (4) The substance is specified in paragraph (2) or (3) of subdivision (f) of Section 11054. (5) The substance is specified in subdivision (d), (e), or (f), except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f), of Section 11055. (Amended by Stats. 2013, Ch. 76, Sec. 110. (AB 383) Effective January 1, 2014.)
  60. 11378.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    A person may not possess for sale phencyclidine, its analogs, or certain listed precursors, unless an exception in the cited Business and Professions Code article applies.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11378.5. Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale phencyclidine or any analog or any precursor of phencyclidine which is specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or in paragraph (3) of subdivision (e) or in subdivision (f), except subparagraph (A) of paragraph (1) of subdivision (f), of Section 11055, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of three, four, or five years. (Amended by Stats. 2011, Ch. 15, Sec. 173. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  61. 113780.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “fishermen’s market.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113780. “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. (Added by Stats. 2015, Ch. 615, Sec. 3. (AB 226) Effective January 1, 2016.)
  62. 113781.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “food” for the code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113781. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  63. 113783.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “food bank” as a surplus food collection and distribution system that helps deliver donated food to nonprofit charitable organizations and individuals to reduce hunger and meet nutritional needs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113783. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  64. 113784.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Defines “food compartment” as an enclosed space that meets specific enclosure, closure, and construction requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113784. “Food compartment” means an enclosed space, including, but not limited to, an air pot, blender, bulk dispensing system, covered chafing dish, and covered ice bin, with all of the following characteristics: (a) The space is defined by a physical barrier from the outside environment that completely encloses all food, food-contact surfaces, and the handling of nonprepackaged food. (b) All access openings are equipped with tight-fitting closures, or one or more alternative barriers that effectively protect the food from contamination, facilitate safe food handling, while minimizing exposure to the environment. (c) It is constructed from materials that are nontoxic, smooth, easily cleanable, and durable and is constructed to facilitate the cleaning of the interior and exterior of the compartment. (Amended by Stats. 2009, Ch. 571, Sec. 6. (SB 241) Effective October 11, 2009.)
  65. 113786.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “food-contact surface.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113786. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  66. 113788.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Food employee” is defined as an employee who works with food, food equipment or utensils, or food-contact surfaces.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113788. “Food employee” means an employee working with food, food equipment or utensils, or food-contact surfaces. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  67. 113789.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “food facility” and lists what is included and excluded. It also requires certain small intermediate care facilities to report foodborne illness or outbreaks to local and state health authorities within 24 hours.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113789. (a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following: (1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food. (2) 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. (c) “Food facility” does not include any of the following: (1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food. (2) A private home 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. (Amended by Stats. 2018, Ch. 493, Sec. 2.3. (AB 2524) Effective January 1, 2019.)
  68. 11379.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    It is prohibited to transport, import, sell, furnish, administer, give away, or offer/attempt those acts for covered controlled substances, unless a listed prescription exception applies.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11379. (a) Except as otherwise provided in subdivision (b) and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance which is (1) classified in Schedule III, IV, or V and which is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d) or (e), except paragraph (3) of subdivision (e), or specified in subparagraph (A) of paragraph (1) of subdivision (f), of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three, or four years. (b) Notwithstanding the penalty provisions of subdivision (a), any person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years. (c) For purposes of this section, “transports” means to transport for sale. (d) Nothing in this section is intended to preclude or limit prosecution under an aiding and abetting theory, accessory theory, or a conspiracy theory. (Amended by Stats. 2014, Ch. 54, Sec. 8. (SB 1461) Effective January 1, 2015.)
  69. 11379.2.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    A person may not possess for sale or sell certain controlled substances, except as otherwise provided in the cited Business and Professions Code article.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11379.2. Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale or sells any controlled substance specified in subdivision (g) of Section 11056 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison. (Added by Stats. 1991, Ch. 294, Sec. 5.)
  70. 11379.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    This section bans certain acts involving phencyclidine, its specified analogs, and certain precursors, unless the conduct is done on a licensed prescription or another stated exception applies.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11379.5. (a) Except as otherwise provided in subdivision (b) and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport phencyclidine or any of its analogs which is specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or in paragraph (3) of subdivision (e) of Section 11055, or its precursors as specified in subparagraph (A) or (B) of paragraph (2) of subdivision (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of three, four, or five years. (b) Notwithstanding the penalty provisions of subdivision (a), any person who transports for sale any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years. (c) For purposes of this section, “transport” means to transport for sale. (d) This section does not preclude or limit prosecution for any aiding and abetting or conspiracy offenses. (Amended by Stats. 2015, Ch. 77, Sec. 2. (AB 730) Effective January 1, 2016.)
  71. 11379.6.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    People who make or try to make certain controlled substances can be punished with prison and a fine.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11379.6. (a) Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years and by a fine not exceeding fifty thousand dollars ($50,000). (b) Except when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a person under 16 years of age resided in a structure in which a violation of this section involving methamphetamine occurred shall be considered a factor in aggravation by the sentencing court. (c) Except when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a violation of this section involving methamphetamine occurred within 200 feet of an occupied residence or any structure where another person was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court. (d) The fact that a violation of this section involving the use of a volatile solvent to chemically extract concentrated cannabis occurred within 300 feet of an occupied residence or any structure where another person was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court. (e) Except as otherwise provided by law, every person who offers to perform an act which is punishable under subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years. (f) All fines collected pursuant to subdivision (a) shall be transferred to the State Treasury for deposit in the Clandestine Drug Lab Clean-up Account, as established by Section 5 of Chapter 1295 of the Statutes of 1987. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by the county. (Amended by Stats. 2015, Ch. 141, Sec. 1. (SB 212) Effective January 1, 2016.)
  72. 11379.7.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    People convicted of certain methamphetamine or PCP offenses get an extra prison term if the crime happens in a structure with a child under 16, or if a child under 16 suffers great bodily injury.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11379.7. (a) Except as provided in subdivision (b), any person convicted of a violation of subdivision (a) of Section 11379.6 or Section 11383, or of an attempt to violate subdivision (a) of Section 11379.6 or Section 11383, as those sections relate to methamphetamine or phencyclidine, when the commission or attempted commission of the crime occurs in a structure where any child under 16 years of age is present, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of two years in the state prison. (b) Any person convicted of a violation of subdivision (a) of Section 11379.6 or Section 11383, or of an attempt to violate subdivision (a) of Section 11379.6 or Section 11383, as those sections relate to methamphetamine or phencyclidine, where the commission of the crime causes any child under 16 years of age to suffer great bodily injury, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of five years in the state prison. (c) As used in this section, “structure” means any house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, motor vehicle, housecar, trailer, trailer coach, camper, mine, floating home, or other enclosed structure capable of holding a child and manufacturing equipment. (d) As used in this section, “great bodily injury” has the same meaning as defined in Section 12022.7 of the Penal Code. (Added by Stats. 1996, Ch. 871, Sec. 1. Effective January 1, 1997.)
  73. 11379.8.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

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    People convicted of certain controlled-substance offenses or conspiracies may receive extra prison terms if the substance amount crosses listed thresholds; the court may strike the extra punishment in mitigation.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11379.8. (a) Any person convicted of a violation of subdivision (a) of Section 11379.6, or of a conspiracy to violate subdivision (a) of Section 11379.6, with respect to any substance containing a controlled substance which is specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054, or in paragraph (1) or (2) of subdivision (d) or in paragraph (3) of subdivision (e) or in paragraph (2) of subdivision (f) of Section 11055 shall receive an additional term as follows: (1) Where the substance exceeds three gallons of liquid by volume or one pound of solid substances by weight, the person shall receive an additional term of three years. (2) Where the substance exceeds 10 gallons of liquid by volume or three pounds of solid substance by weight, the person shall receive an additional term of five years. (3) Where the substance exceeds 25 gallons of liquid by volume or 10 pounds of solid substance by weight, the person shall receive an additional term of 10 years. (4) Where the substance exceeds 105 gallons of liquid by volume or 44 pounds of solid substance by weight, the person shall receive an additional term of 15 years. In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included. (b) The additional terms provided in this section shall not be imposed unless the allegation that the controlled substance exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact. (c) The additional terms provided in this section shall be in addition to any other punishment provided by law. (d) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. (e) The conspiracy enhancements provided for in this section shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the direction or supervision of, or in a significant portion of the financing of, the underlying offense. (Amended by Stats. 1998, Ch. 425, Sec. 3. Effective January 1, 1999.)
  74. 11379.9.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    A person convicted of certain methamphetamine or phencyclidine offenses must receive an extra one-year state prison term for each death or great bodily injury caused by the offense, unless an exception applies.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11379.9. (a) Except as provided by Section 11379.7, any person convicted of a violation of, or of an attempt to violate, subdivision (a) of Section 11379.6 or Section 11383, as those sections relate to methamphetamine or phencyclidine, when the commission or attempted commission of the offense causes the death or great bodily injury of another person other than an accomplice, shall, in addition and consecutive to any other punishment authorized by law, be punished by an additional term of one year in the state prison for each death or injury. (b) Nothing in this section shall preclude prosecution under both this section and Section 187, 192, or 12022.7, or any other provision of law. However, a person who is punished under another provision of law for causing death or great bodily injury as described in subdivision (a) shall not receive an additional term of imprisonment under this section. (Amended by Stats. 1998, Ch. 936, Sec. 2. Effective September 28, 1998.)
  75. 113790.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “food handler” and “food facility.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113790. (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. (Amended by Stats. 2011, Ch. 233, Sec. 1. (SB 303) Effective September 6, 2011.)
  76. 113791.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “food preparation” as packaging, processing, assembling, portioning, or any operation that changes food’s form, flavor, or consistency, and it excludes trimming produce.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113791. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  77. 113794.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “food safety program” as a local government program that requires food-safety training or a food-safety certification exam.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113794. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  78. 113794.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “food handler program” as a local program requiring food-facility employees involved with food to complete approved food safety training, pass an approved certification exam, or both.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113794.1. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  79. 113794.3.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Fresh frozen” is defined as food that was quickly frozen while still fresh.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113794.3. “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. (Added by Stats. 2015, Ch. 615, Sec. 5. (AB 226) Effective January 1, 2016.)
  80. 113794.4.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “frozen food” as food kept at a temperature where all moisture is solid.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113794.4. “Frozen food” means a food maintained at a temperature at which all moisture therein is in a solid state. (Added by Stats. 2009, Ch. 571, Sec. 8. (SB 241) Effective October 11, 2009.)
  81. 113795.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “game animal” and lists animals included and excluded from that term.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113795. (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. (c) “Game animal” does not include ratites. (Amended by Stats. 2016, Ch. 195, Sec. 1. (SB 1067) Effective January 1, 2017.)
  82. 113796.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “gleaner.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113796. “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. (Added by Stats. 2014, Ch. 580, Sec. 4. (AB 1990) Effective January 1, 2015.)
  83. 113797.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “Grade A standards” as the requirements in specified federal milk ordinances.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113797. “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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  84. 113799.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    HACCP means Hazard Analysis Critical Control Point.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113799. “HACCP” means a Hazard Analysis Critical Control Point. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  85. 11380.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

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    Adults who use minors to violate controlled-substance rules, or who solicit, pressure, or supply certain controlled substances to minors, face prison time; registered pharmacists filling prescriptions are excluded.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11380. (a) Every person 18 years of age or over who violates any provision of this chapter involving controlled substances which are (1) classified in Schedule III, IV, or V and which are not narcotic drugs or (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), specified in paragraph (11) of subdivision (c) of Section 11056, specified in paragraph (2) or (3) or subdivision (f) of Section 11054, or specified in subdivision (d), (e), or (f) of Section 11055, by the use of a minor as agent, who solicits, induces, encourages, or intimidates any minor with the intent that the minor shall violate any provision of this article involving those controlled substances or who unlawfully furnishes, offers to furnish, or attempts to furnish those controlled substances to a minor shall be punished by imprisonment in the state prison for a period of three, six, or nine years. (b) Nothing in this section applies to a registered pharmacist furnishing controlled substances pursuant to a prescription. (Amended by Stats. 2001, Ch. 841, Sec. 8. Effective January 1, 2002.)
  86. 11380.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

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    People 18 or older convicted of Section 11380 get extra prison time if the offense involved certain controlled substances in protected places, near schools, or involved a much younger minor.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11380.1. (a) Notwithstanding any other provision of law, any person 18 years of age or over who is convicted of a violation of Section 11380, in addition to the punishment imposed for that conviction, shall receive an additional punishment as follows: (1) If the offense involved phencyclidine (PCP), methamphetamine, lysergic acid diethylamide (LSD), or any analog of these substances and occurred upon the grounds of, or within, a church or synagogue, a playground, a public or private youth center, a child day care facility, or a public swimming pool, during hours in which the facility is open for business, classes, or school-related programs, or at any time when minors are using the facility, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (3), be punished by imprisonment in the state prison for one year. (2) If the offense involved phencyclidine (PCP), methamphetamine, lysergic acid diethylamide (LSD), or any analog of these substances and occurred upon, or within 1,000 feet of, the grounds of any public or private elementary, vocational, junior high school, or high school, during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility where the offense occurs, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (3), be punished by imprisonment in the state prison for two years. (3) If the offense involved a minor who is at least four years younger than the defendant, the defendant shall, as a full and separately served enhancement to any other enhancement provided in this subdivision, be punished by imprisonment in the state prison for one, two, or three years, at the discretion of the court. (b) The additional punishment provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (c) The additional punishment provided in this section shall be in addition to any other punishment provided by law and shall not be limited by any other provision of law. (d) Notwithstanding any other provision of law, the court may strike the additional punishment provided for in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. (e) The definitions contained in subdivision (e) of Section 11353.1 shall apply to this section. (f) This section does not require either that notice be posted regarding the proscribed conduct or that the applicable 1,000-foot boundary limit be marked. (Amended by Stats. 1993, Ch. 556, Sec. 3.5. Effective January 1, 1994.)
  87. 11380.7.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

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    A person convicted of certain drug trafficking offenses gets an additional one-year prison term if the violation happened at or within 1,000 feet of a drug treatment center, detoxification facility, or homeless shelter.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11380.7. (a) Notwithstanding any other provision of law, any person who is convicted of trafficking in heroin, cocaine, cocaine base, methamphetamine, or phencyclidine (PCP), or of a conspiracy to commit trafficking in heroin, cocaine, cocaine base, methamphetamine, or phencyclidine (PCP), in addition to the punishment imposed for the conviction, shall be imprisoned pursuant to subdivision (h) of Section 1170 of the Penal Code for an additional one year if the violation occurred upon the grounds of, or within 1,000 feet of, a drug treatment center, detoxification facility, or homeless shelter. (b) (1) The additional punishment provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (2) The additional punishment provided in this section shall not be imposed if any other additional punishment is imposed pursuant to Section 11353.1, 11353.5, 11353.6, 11353.7, or 11380.1. (c) Notwithstanding any other provision of law, the court may strike the additional punishment provided for in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. In determining whether or not to strike the additional punishment, the court shall consider the following factors and any relevant factors in aggravation or mitigation in Rules 4.421 and 4.423 of the California Rules of Court. (1) The following factors indicate that the court should exercise its discretion to strike the additional punishment unless these factors are outweighed by factors in aggravation: (A) The defendant is homeless, or is in a homeless shelter or transitional housing. (B) The defendant lacks resources for the necessities of life. (C) The defendant is addicted to or dependent on controlled substances. (D) The defendant’s motive was merely to maintain a steady supply of drugs for personal use. (E) The defendant was recruited or exploited by a more culpable person to commit the crime. (2) The following factors indicate that the court should not exercise discretion to strike the additional punishment unless these factors are outweighed by factors in mitigation: (A) The defendant, in committing the crime, preyed on homeless persons, persons with substance use disorder, or substance abusers who were seeking treatment, shelter or transitional services. (B) The defendant’s primary motive was monetary compensation. (C) The defendant induced others, particularly homeless persons, persons with substance use disorder, and substance abusers, to become involved in trafficking. (d) For the purposes of this section, the following terms have the following meanings: (1) “Detoxification facility” means any premises, place, or building in which 24-hour residential nonmedical services are provided to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. (2) “Drug treatment program” or “drug treatment” has the same meaning set forth in subdivision (b) of Section 1210 of the Penal Code. (3) “Homeless shelter” includes, but is not limited to, emergency shelter housing, as well as transitional housing, but does not include domestic violence shelters. “Emergency shelter housing” is housing with minimal support services for homeless persons in which residency is limited to six months or less and is not related to the person’s ability to pay. “Transitional housing” means housing with supportive services, including self-sufficiency development services, which is exclusively designed and targeted to help recently homeless persons find permanent housing as soon as reasonably possible, limits residency to 24 months, and in which rent and service fees are based on ability to pay. (4) “Trafficking” means any of the unlawful activities specified in Sections 11351, 11351.5, 11352, 11353, 11354, 11378, 11379, 11379.6, and 11380. It does not include simple possession or drug use. (Amended by Stats. 2023, Ch. 21, Sec. 12. (AB 1130) Effective January 1, 2024.)
  88. 113801.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “HACCP plan” as a written document that follows specified food-safety principles and complies with Section 114419.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113801. “HACCP plan” means a written document that complies with the requirements of Section 114419.1 and that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods. These principles include completion of the following basic steps: (a) Completion of hazard analysis identification by identifying the likely hazards to consumers presented by a specific food. (b) Determination of critical control points in receiving, storage, preparation, displaying, and dispensing of a food. (c) Setting of measurable critical limits for each critical control point determined. (d) Developing and maintaining monitoring practices to determine if critical limits are being met. (e) Developing and utilizing corrective action plans when failure to meet critical limits is detected. (f) Establishing and maintaining a recordkeeping system to verify adherence to an HACCP plan. (g) Establishing a system of audits to do both of the following: (1) Initially verify the effectiveness of the critical limits set and appropriateness of the determination of critical control points. (2) Periodically verify the effectiveness of the HACCP plan. (Amended by Stats. 2009, Ch. 571, Sec. 9. (SB 241) Effective October 11, 2009.)
  89. 113803.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

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    “Hazard” means a biological, chemical, or physical property that may cause an unacceptable public health risk.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113803. “Hazard” means a biological, chemical, or physical property that may cause an unacceptable public health risk. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  90. 113804.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Hearing officer” means a local health officer, a director of environmental health, or that person’s designee.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113804. “Hearing officer” means a local health officer, a director of environmental health, or his or her designee. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  91. 113805.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “hermetically sealed container” as a container designed to keep out micro-organisms, and for low-acid canned foods, to maintain commercial sterility after processing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113805. “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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  92. 113806.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “highly susceptible population” as a group more likely to get foodborne disease because it includes certain vulnerable people and gets food at certain facilities.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113806. “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. (Added by Stats. 2013, Ch. 556, Sec. 2. (AB 1252) Effective January 1, 2014.)
  93. 113806.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “host facility” and limits it to certain approved locations that support short-term catering service.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113806.1. “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. (Added by Stats. 2018, Ch. 493, Sec. 3. (AB 2524) Effective January 1, 2019.)
  94. 113807.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “hot dog” as a whole, cured, cooked sausage that is skinless or stuffed in a casing, and that may go by several listed names.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113807. “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. (Added by Stats. 2013, Ch. 556, Sec. 3. (AB 1252) Effective January 1, 2014.)
  95. 11381.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    This section defines when an offense counts as a “felony offense” or is “punishable as a felony.”

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11381. As used in this article “felony offense” and offense “punishable as a felony” refer to an offense prior to October 1, 2011, for which the law prescribes imprisonment in the state prison, or for an offense on or after October 1, 2011, imprisonment in either the state prison or pursuant to subdivision (h) of Section 1170 of the Penal Code, as either an alternative or the sole penalty, regardless of the sentence the particular defendant received. (Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 3. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
  96. 113810.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Imminent health hazard” means a serious threat to health tied to conditions that can cause food infection, intoxication, disease transmission, vermin infestation, or another hazardous condition needing immediate correction or shutdown to prevent harm.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113810. “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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  97. 113812.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Impound” is defined as the legal control an enforcement officer exercises over the use, sale, disposal, or removal of food, equipment, or utensils.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113812. “Impound” means the legal control exercised by the enforcement officer over the use, sale, disposal, or removal of any food, equipment, or utensils. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  98. 113814.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Injected” means meat that has had a solution introduced into its interior by injecting, pinning, or stitch pumping.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113814. “Injected” means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as “injecting,” “pinning,” or “stitch pumping.” (Amended by Stats. 2016, Ch. 195, Sec. 2. (SB 1067) Effective January 1, 2017.)
  99. 113815.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “juice” for the code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113815. “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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  100. 113816.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Law” means applicable local, state, and federal statutes, regulations, and ordinances.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113816. “Law” means applicable local, state, and federal statutes, regulations, and ordinances. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  101. 113818.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “limited food preparation” and lists the food-preparation activities it includes and excludes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113818. (a) “Limited food preparation” means food preparation that is restricted to one or more of the following: (1) Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food. (2) Dispensing and portioning of nonpotentially hazardous food 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. (Amended by Stats. 2022, Ch. 489, Sec. 1. (SB 972) Effective January 1, 2023.)
  102. 113819.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “limited service charitable feeding operation” and limits it to certain charity-only food service activities by qualifying nonprofit charitable organizations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113819. (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. (Amended by Stats. 2021, Ch. 155, Sec. 2. (AB 831) Effective January 1, 2022.)
  103. 11382.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    It is an offense to offer, arrange, negotiate, or otherwise participate in unlawful controlled-substance sales or deliveries described in this section.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11382. Every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance which is (a) classified in Schedule III, IV, or V and which is not a narcotic drug, or (b) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), specified in paragraph (11) of subdivision (c) of Section 11056, or specified in subdivision (d), (e), or (f) of Section 11055, to any person, or offers, arranges, or negotiates to have that controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and then sells, delivers, furnishes, transports, administers, or gives, or offers, or arranges, or negotiates to have sold, delivered, transported, furnished, administered, or given to any person any other liquid, substance, or material in lieu of that controlled substance shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code. (Amended by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 5. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  104. 11382.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    Controlled substances in Schedules I-V sold or distributed in California must have the manufacturer’s identifying mark on the solid or capsule.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs [11377 - 11382.5] ( Heading of Article 5 amended by Stats. 1973, Ch. 1078. ) ## 11382.5. All controlled substances in Schedules I, II, III, IV, and V, in solid or capsule form, except for such controlled substances in the possession or inventory of a wholesaler, retailer, or pharmacist on January 1, 1975, shall not be sold, furnished, or distributed in this state unless they have on the controlled substance if in solid form, or on the capsule if in capsule form, an identifying device, insignia, or mark of the manufacturer of such controlled substance. However, the exception for such controlled substances in the possession or inventory of a wholesaler, retailer, or pharmacist shall not be available to any wholesaler, retailer, or pharmacist under the control or jurisdiction of a manufacturer of controlled substances. This section shall not apply to a pharmacist who, in accordance with applicable state law, compounds such controlled substance in the course of his practice as a pharmacist for direct dispensing by him upon a prescription of any person licensed to prescribe such controlled substances. (Added by Stats. 1974, Ch. 926.)
  105. 113820.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Linens” means fabric items including cloth hampers, cloth napkins, tablecloths, wiping cloths, work garments, and cloth gloves.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113820. “Linens” means fabric items such as cloth hampers, cloth napkins, tablecloths, wiping cloths, and work garments, including cloth gloves. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  106. 113820.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “major food allergen” and lists the foods included, plus two exclusions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113820.5. (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) Sesame. (10) A food ingredient that contains protein derived from a food listed in paragraphs (1) to (9), 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 (9), 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). (Amended by Stats. 2025, Ch. 741, Sec. 1. (SB 68) Effective January 1, 2026.)
  107. 113821.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “major violation” as a violation of this part that may create an imminent health hazard and require immediate closure or other corrective action.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113821. “Major violation” means a violation of this part that may pose an imminent health hazard and warrants immediate closure or other corrective action. (Amended by Stats. 2009, Ch. 571, Sec. 11. (SB 241) Effective October 11, 2009.)
  108. 113823.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “meat” for the code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113823. “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 wild game animals specified in subdivision (a) of Section 114031. (Amended by Stats. 2016, Ch. 195, Sec. 5. (SB 1067) Effective January 1, 2017.)
  109. 113824.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “menu change” for a food facility’s menu.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113824. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  110. 113825.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

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    This section defines a “microenterprise home kitchen operation” and sets limits on how it can operate, including staffing, same-day preparation, meal caps, sales limits, and bans on certain products.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113825. (a) “Microenterprise home kitchen operation” means a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers, and that meets all of the following requirements: (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. (c) For purposes of this section, “resident of a private home” means an 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 any of the following: (1) A main dish. (2) Appetizers. (3) Side dishes. (4) Beverages. (5) Baked goods. (6) Desserts. (Amended by Stats. 2023, Ch. 101, Sec. 1. (AB 1325) Effective July 21, 2023.)
  111. 113827.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

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    “Minor violation” means a violation of this part that is not an imminent health hazard but does require correction.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113827. “Minor violation” means a violation of this part that does not pose an imminent health hazard, but does warrant correction. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  112. 11383.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 6. Precursors of Phencyclidine (PCP) and Methamphetamine [11383 - 11384] ( Heading of Article 6 amended by Stats. 2006, Ch. 646, Sec. 1. )

    Verify source ↗

    Possessing certain precursor chemicals or related compounds with intent to manufacture PCP is a felony, punishable by 2, 4, or 6 years in prison.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 6. Precursors of Phencyclidine (PCP) and Methamphetamine [11383 - 11384] ( Heading of Article 6 amended by Stats. 2006, Ch. 646, Sec. 1. ) ## 11383. (a) Any person who possesses at the same time any of the following combinations, a combination product thereof, or possesses any compound or mixture containing the chemicals listed in the following combinations, with the intent to manufacture phencyclidine (PCP) or any of its analogs specified in subdivision (d) of Section 11054 or subdivision (e) of Section 11055, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years: (1) Piperidine and cyclohexanone. (2) Pyrrolidine and cyclohexanone. (3) Morpholine and cyclohexanone. (b) Any person who possesses the optical, positional, or geometric isomer of any of the compounds listed in this section, with the intent to manufacture these controlled substances is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years: (1) Phencyclidine (PCP). (2) Any analog of PCP specified in subdivision (d) of Section 11054, or in subdivision (e) of Section 11055. (c) Any person who possesses any compound or mixture containing piperidine, cyclohexanone, pyrrolidine, morpholine, 1-phenylcyclohexylamine (PCA), 1-piperidinocyclohexanecarbonitrile (PCC), or phenylmagnesium bromide (PMB) with the intent to manufacture phencyclidine, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years. (d) Any person who possesses immediate precursors sufficient for the manufacture of piperidine, cyclohexanone, pyrrolidine, morpholine, or phenylmagnesium bromide (PMB) with the intent to manufacture phencyclidine, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years. (e) This section does not apply to drug manufacturers licensed by this state or persons authorized by regulation of the Board of Pharmacy to possess those substances or combinations of substances. (Amended by Stats. 2011, Ch. 15, Sec. 179. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  113. 11383.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 6. Precursors of Phencyclidine (PCP) and Methamphetamine [11383 - 11384] ( Heading of Article 6 amended by Stats. 2006, Ch. 646, Sec. 1. )

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    This section makes it a felony to possess certain listed precursor chemicals or related combinations, when done with intent to manufacture methamphetamine or specified related drugs, and sets a prison term of two, four, or six years.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 6. Precursors of Phencyclidine (PCP) and Methamphetamine [11383 - 11384] ( Heading of Article 6 amended by Stats. 2006, Ch. 646, Sec. 1. ) ## 11383.5. (a) Any person who possesses both methylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to manufacture methamphetamine, or who possesses both ethylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to manufacture N-ethylamphetamine, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years. (b) (1) Any person who, with the intent to manufacture methamphetamine or any of its analogs specified in subdivision (d) of Section 11055, possesses ephedrine or pseudoephedrine, or any salts, isomers, or salts of isomers of ephedrine or pseudoephedrine, or who possesses a substance containing ephedrine or pseudoephedrine, or any salts, isomers, or salts of isomers of ephedrine or pseudoephedrine, or who possesses at the same time any of the following, or a combination product thereof, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years: (A) Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, or phenylpropanolamine, plus hydriodic acid. (B) Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, or phenylpropanolamine, thionyl chloride and hydrogen gas. (C) Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, or phenylpropanolamine, plus phosphorus pentachloride and hydrogen gas. (D) Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, chloroephedrine and chloropseudoephedrine, or phenylpropanolamine, plus any reducing agent. (2) Any person who, with the intent to manufacture methamphetamine or any of its analogs specified in subdivision (d) of Section 11055, possesses hydriodic acid or a reducing agent or any product containing hydriodic acid or a reducing agent is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years. (c) Any person who possesses the optical, positional, or geometric isomer of any of the compounds listed in this section, with the intent to manufacture any of the following controlled substances, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years: (1) Methamphetamine. (2) Any analog of methamphetamine specified in subdivision (d) of Section 11055. (3) N-ethylamphetamine. (d) Any person who possesses immediate precursors sufficient for the manufacture of methylamine, ethylamine, phenyl-2-propanone, ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing agent, thionyl chloride, or phosphorus pentachloride, with the intent to manufacture methamphetamine, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years. (e) Any person who possesses essential chemicals sufficient to manufacture hydriodic acid or a reducing agent, with the intent to manufacture methamphetamine, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years. (f) Any person who possesses any compound or mixture containing ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing agent, thionyl chloride, or phosphorus pentachloride, with the intent to manufacture methamphetamine, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years. (g) For purposes of this section, a “reducing agent” for the purposes of manufacturing methamphetamine means an agent that causes reduction to occur by either donating a hydrogen atom to an organic compound or by removing an oxygen atom from an organic compound. (h) This section does not apply to drug manufacturers licensed by this state or persons authorized by regulation of the Board of Pharmacy to possess those substances or combinations of substances. (Amended by Stats. 2011, Ch. 15, Sec. 180. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  114. 11383.6.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 6. Precursors of Phencyclidine (PCP) and Methamphetamine [11383 - 11384] ( Heading of Article 6 amended by Stats. 2006, Ch. 646, Sec. 1. )

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    It is a felony to possess certain PCP precursor chemicals or related compounds with intent to sell, transfer, or furnish them knowing they will be used to make PCP.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 6. Precursors of Phencyclidine (PCP) and Methamphetamine [11383 - 11384] ( Heading of Article 6 amended by Stats. 2006, Ch. 646, Sec. 1. ) ## 11383.6. (a) Any person who possesses at the same time any of the following combinations, a combination product thereof, or possesses any compound or mixture containing the chemicals listed in the following combinations, with the intent to sell, transfer, or otherwise furnish those chemicals, combinations, or mixtures to another person with the knowledge that they will be used to manufacture phencyclidine (PCP) or any of its analogs specified in subdivision (d) of Section 11054 or subdivision (e) of Section 11055 is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years: (1) Piperidine and cyclohexanone. (2) Pyrrolidine and cyclohexanone. (3) Morpholine and cyclohexanone. (b) Any person who possesses the optical, positional, or geometric isomer of any of the compounds listed in this section with the intent to sell, transfer, or otherwise furnish the isomer to another person with the knowledge that they will be used to manufacture these controlled substances is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years: (1) Phencyclidine (PCP). (2) Any analog of PCP specified in subdivision (d) of Section 11054, or in subdivision (e) of Section 11055. (c) Any person who possesses any compound or mixture containing piperidine, cyclohexanone, pyrrolidine, morpholine, 1-phenylcyclohexylamine (PCA), 1-piperidinocyclohexanecarbonitrile (PCC), or phenylmagnesium bromide (PMB) with the intent to sell, transfer, or otherwise furnish the compound or mixture to another person with the knowledge that it will be used to manufacture phencyclidine is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years. (d) Any person who possesses immediate precursors sufficient for the manufacture of piperidine, cyclohexanone, pyrrolidine, morpholine, or phenylmagnesium bromide (PMB) with the intent to sell, transfer or otherwise furnish the immediate precursors to another person with the knowledge that they will be used to manufacture phencyclidine is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years. (e) This section does not apply to drug manufacturers licensed by this state or persons authorized by regulation of the Board of Pharmacy to possess those substances or combinations of substances. (Amended by Stats. 2011, Ch. 15, Sec. 181. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  115. 11383.7.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 6. Precursors of Phencyclidine (PCP) and Methamphetamine [11383 - 11384] ( Heading of Article 6 amended by Stats. 2006, Ch. 646, Sec. 1. )

    Verify source ↗

    It is a felony to possess certain listed precursor chemicals or related compounds with intent to sell, transfer, or furnish them to someone knowing they will be used to make methamphetamine.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 6. Precursors of Phencyclidine (PCP) and Methamphetamine [11383 - 11384] ( Heading of Article 6 amended by Stats. 2006, Ch. 646, Sec. 1. ) ## 11383.7. (a) Any person who possesses both methylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to sell, transfer, or otherwise furnish those chemicals to another person with the knowledge that they will be used to manufacture methamphetamine, or who possesses both ethylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to sell, transfer, or otherwise furnish those chemicals to another person with the knowledge that they will be used to manufacture methamphetamine is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years. (b) (1) Any person who possesses ephedrine or pseudoephedrine, or any salts, isomers, or salts of isomers of ephedrine or pseudoephedrine, or who possesses a substance containing ephedrine or pseudoephedrine, or any salts, isomers, or salts of isomers of ephedrine or pseudoephedrine, or who possesses at the same time any of the following, or a combination product thereof, with the intent to sell, transfer, or otherwise furnish those chemicals, substances, or products to another person with the knowledge that they will be used to manufacture methamphetamine or any of its analogs specified in subdivision (d) of Section 11055 is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years: (A) Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, or phenylpropanolamine, plus hydriodic acid. (B) Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, or phenylpropanolamine, thionyl chloride and hydrogen gas. (C) Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, or phenylpropanolamine, plus phosphorus pentachloride and hydrogen gas. (D) Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, chloroephedrine and chloropseudoephedrine, or phenylpropanolamine, plus any reducing agent. (2) Any person who possesses hydriodic acid or a reducing agent or any product containing hydriodic acid or a reducing agent with the intent to sell, transfer, or otherwise furnish that chemical, product, or substance to another person with the knowledge that they will be used to manufacture methamphetamine or any of its analogs specified in subdivision (d) of Section 11055 is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years. (c) Any person who possesses the optical, positional, or geometric isomer of any of the compounds listed in this section with the intent to sell, transfer, or otherwise furnish any of the compounds to another person with the knowledge that they will be used to manufacture these controlled substances is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years: (1) Methamphetamine. (2) Any analog of methamphetamine specified in subdivision (d) of Section 11055. (3) N-ethylamphetamine. (d) Any person who possesses immediate precursors sufficient for the manufacture of methylamine, ethylamine, phenyl-2-propanone, ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing agent, thionyl chloride, or phosphorus pentachloride, with the intent to sell, transfer, or otherwise furnish these substances to another person with the knowledge that they will be used to manufacture methamphetamine is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years. (e) Any person who possesses essential chemicals sufficient to manufacture hydriodic acid or a reducing agent with the intent to sell, transfer, or otherwise furnish those chemicals to another person with the knowledge that they will be used to manufacture methamphetamine is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years. (f) Any person who possesses any compound or mixture containing ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing agent, thionyl chloride, or phosphorus pentachloride, with the intent to sell, transfer, or otherwise furnish that compound or mixture to another person with the knowledge that they will be used to manufacture methamphetamine is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years. (g) For purposes of this section, a “reducing agent” for the purposes of manufacturing methamphetamine means an agent that causes reduction to occur by either donating a hydrogen atom to an organic compound or by removing an oxygen atom from an organic compound. (h) This section does not apply to drug manufacturers licensed by this state or persons authorized by regulation of the Board of Pharmacy to possess those substances or combinations of substances. (Amended by Stats. 2011, Ch. 15, Sec. 182. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  116. 113831.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines three terms: “mobile food facility,” “single operating site mobile food facilities,” and “compact mobile food operation.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113831. (a) “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer. (b) “Single operating site mobile food facilities” means at least one, but not more than four, unenclosed mobile food facilities, and their auxiliary units, that operate adjacent to each other at a single location. (c) “Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. (Amended by Stats. 2022, Ch. 489, Sec. 2. (SB 972) Effective January 1, 2023.)
  117. 113833.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “mobile support unit” as a vehicle that works with a commissary or other permanent food facility to serve mobile food facilities.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113833. “Mobile 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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  118. 113835.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “molluscan shellfish” for the code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113835. “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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  119. 113837.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “multiservice utensil” as a utensil made for repeated use.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113837. “Multiservice utensil” means a utensil manufactured for use more than one time. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  120. 113839.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “nonpermanent food facility” as a food facility that operates from a mobile unit or at a nonpermanent location.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113839. “Nonpermanent 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. (Amended by Stats. 2015, Ch. 615, Sec. 6. (AB 226) Effective January 1, 2016.)
  121. 11384.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 6. Precursors of Phencyclidine (PCP) and Methamphetamine [11383 - 11384] ( Heading of Article 6 amended by Stats. 2006, Ch. 646, Sec. 1. )

    Verify source ↗

    The Board of Pharmacy may authorize certain persons by regulation to possess specified substances if it determines the need and a lawful purpose.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 6. Precursors of Phencyclidine (PCP) and Methamphetamine [11383 - 11384] ( Heading of Article 6 amended by Stats. 2006, Ch. 646, Sec. 1. ) ## 11384. The Board of Pharmacy shall, by regulation, authorize such persons to possess any combinations of substance specified in subdivision (a) or (b) of Section 11383 as it determines need and will use such substance for a lawful purpose. (Amended by Stats. 1976, Ch. 1116.)
  122. 113841.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “nonprofit charitable organization.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113841. “Nonprofit 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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  123. 113842.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “nonprofit charitable temporary food facilities.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113842. “Nonprofit 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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  124. 113843.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “open-air barbecue.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113843. “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. (Amended by Stats. 2018, Ch. 493, Sec. 5. (AB 2524) Effective January 1, 2019.)
  125. 113846.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “outdoor wood-burning oven.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113846. “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. (Amended by Stats. 2021, Ch. 155, Sec. 3. (AB 831) Effective January 1, 2022.)
  126. 113849.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “permanent food facility” as a food facility in a permanently constructed structure used to handle food at the retail level.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113849. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  127. 113851.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “permit” and says “registration” has the same meaning as permit for implementing and enforcing this part.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113851. (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. (Amended by Stats. 2012, Ch. 415, Sec. 9. (AB 1616) Effective January 1, 2013.)
  128. 113853.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Permitholder” means the entity responsible for operating a food facility and holding a valid permit.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113853. “Permitholder” 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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  129. 113855.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “person” broadly to include many kinds of individuals and organizations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113855. “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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  130. 113856.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Person in charge” means the individual present at a food facility who is responsible for operating that food facility.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113856. “Person in charge” means the individual present at a food facility who is responsible for the operation of the food facility. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  131. 113859.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “personal care items.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113859. (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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  132. 113861.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “pH” as a measure of acidity or alkalinity.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113861. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  133. 113863.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “plumbing fixture” as a receptacle or device connected to the premises’ water system and used to supply or discharge water, waste, or sewage.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113863. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  134. 113865.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “plumbing system.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113865. “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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  135. 113867.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “poisonous or toxic materials” as substances not intended for ingestion that fall into listed categories.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113867. “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. (c) Substances necessary for the operation and maintenance of the facility, 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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  136. 113868.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    ‘Portable’ means equipment that can be lifted and moved, has disconnectable or long enough utility connections for cleaning movement, and generally weighs no more than 100 pounds (46 kg) or is otherwise designed to be mobile.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113868. “Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceed 100 pounds (46 kg) in weight or is otherwise designed to be mobile. (Amended by Stats. 2022, Ch. 489, Sec. 3. (SB 972) Effective January 1, 2023.)
  137. 113869.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “potable water” as water meeting certain standards for transient noncommunity water systems, subject to federal-law limits.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113869. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  138. 113871.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “potentially hazardous food” and lists foods that are included and excluded.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113871. (a) “Potentially hazardous food” means a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation. (b) “Potentially hazardous food” includes a food of animal origin that is raw or heat-treated, a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, cut tomatoes or mixtures of cut tomatoes that are not modified to render them unable to support pathogenic micro-organism growth or toxin formation, and garlic-in-oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth or toxin formation as specified under subdivision (a). (c) “Potentially hazardous food” does not include any of the following: (1) A food with an aw value of 0.85 or less. (2) A food with a pH level of 4.6 or below when measured at 75°F. (3) An air-cooled, hard-boiled egg with shell intact, or an egg with shell intact that is not hard boiled, but has been pasteurized to destroy all viable salmonellae. (4) A food in an unopened, hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution. (5) A food that has been shown by appropriate microbial challenge studies approved by the enforcement agency not to support the rapid and progressive growth of infectious or toxigenic micro-organisms that may cause food infections or food intoxications, or the growth and toxin production of Clostridium botulinum, such as a food that has an aw and a pH that are above the levels specified under paragraphs (1) and (2) and that may contain a preservative, other barrier to the growth of micro-organisms, or a combination of barriers that inhibit the growth of micro-organisms. (6) A food that does not support the rapid and progressive growth of infectious or toxigenic micro-organisms, even though the food may contain an infectious or toxigenic micro-organism or chemical or physical contaminant at a level sufficient to cause illness. (Amended by Stats. 2009, Ch. 571, Sec. 13. (SB 241) Effective October 11, 2009.)
  139. 113873.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “poultry” to include certain domesticated birds and certain wild birds, whether live or dead.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113873. “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). (Amended by Stats. 2016, Ch. 195, Sec. 6. (SB 1067) Effective January 1, 2017.)
  140. 113874.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “premises” for a food facility.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113874. “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 permitholder. (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 permitholder and may impact food facility personnel, facilities, or operations. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  141. 113876.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “prepackaged food” as properly labeled processed food packaged to prevent direct human contact when distributed.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113876. “Prepackaged food” means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer, a food facility, or other approved source. (Amended by Stats. 2009, Ch. 571, Sec. 14. (SB 241) Effective October 11, 2009.)
  142. 113877.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Produce” means any whole edible portion of a plant in its raw and natural state.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113877. “Produce” means any whole edible portion of a plant in its raw and natural state. (Amended by Stats. 2008, Ch. 447, Sec. 9. Effective January 1, 2009.)
  143. 113879.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “produce stand” and excludes certain producer-operated premises from that definition.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113879. “Produce stand” means a permanent food facility that sells, offers for sale, or gives away only produce or shell eggs, or both, except that “produce stand” does not include premises operated by a producer selling or offering for sale only whole produce grown by the producer, or shell eggs, or both, provided that the sales are conducted on premises controlled by the producer. (Amended by Stats. 2009, Ch. 571, Sec. 15. (SB 241) Effective October 11, 2009.)
  144. 113880.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Producer” means a person or entity that produces shell eggs or edible plants on land it controls.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113880. “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. (Amended by Stats. 2008, Ch. 447, Sec. 10. Effective January 1, 2009.)
  145. 113881.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “ready-to-eat food.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113881. “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. (c) Fruits and vegetables that are cooked for hot holding as specified in 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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  146. 113883.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “reduced-oxygen packaging” as lowering a package’s oxygen content by evacuation, gas displacement, or other control, and it includes related methods like modified atmosphere and vacuum packaging.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113883. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  147. 113885.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “refrigeration unit.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113885. “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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  148. 113887.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “refuse” as solid waste not carried by water through the sewage system.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113887. “Refuse” means solid waste not carried by water through the sewage system. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  149. 113889.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “remodel” for food facilities.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113889. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  150. 113893.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “restricted food service facility” and allows such a facility to serve light foods or snacks for self-service.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113893. (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. (C) Serves food only to its registered guests and serves 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. (c) The predominant relationship between the occupants of a restricted food service facility and the permitholder 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 permitholder shall be immaterial. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  151. 113894.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Restrict” means limiting a food employee’s activities to prevent transmission of food-borne disease, including keeping the employee away from exposed food and certain clean or unwrapped items.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113894. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  152. 113895.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Retail” means handling food for sale or dispensing to consumers, whether directly or through a delivery service.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113895. “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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  153. 113897.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “sanitization” for food-contact surfaces.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113897. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  154. 113899.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Satellite food service” means a remotely located food service operation tied to a fully enclosed permanent food facility, and if it is inside such a facility, it is temporary by nature.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113899. “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. (Amended by Stats. 2021, Ch. 155, Sec. 4. (AB 831) Effective January 1, 2022.)
  155. 11390.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 7. Mushrooms [11390 - 11392] ( Article 7 added by Stats. 1985, Ch. 1264, Sec. 2. )

    Verify source ↗

    A person may not cultivate spores or mycelium capable of producing mushrooms or other material containing certain controlled substances, unless otherwise authorized by law.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 7. Mushrooms [11390 - 11392] ( Article 7 added by Stats. 1985, Ch. 1264, Sec. 2. ) ## 11390. Except as otherwise authorized by law, every person who, with intent to produce a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054, cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison. (Added by Stats. 1985, Ch. 1264, Sec. 2.)
  156. 113901.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Sealed” means free of cracks or other openings that let moisture enter or pass through.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113901. “Sealed” means free of cracks or other openings that allow the entry or passage of moisture. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  157. 113903.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “service animal” as a dog individually trained to do tasks for a person with a disability, and says emotional support or mere deterrence are not enough.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113903. (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. (Amended by Stats. 2013, Ch. 556, Sec. 5. (AB 1252) Effective January 1, 2014.)
  158. 113907.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “shellfish certification number” as a unique letter-and-number code assigned by a shellfish control authority to a molluscan shellfish dealer.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113907. “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. (Amended by Stats. 2007, Ch. 96, Sec. 6. Effective July 20, 2007.)
  159. 113909.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Shellfish control authority” means a government entity responsible for a program that certifies molluscan shellfish harvesters and dealers.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113909. “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. (Amended by Stats. 2007, Ch. 96, Sec. 7. Effective July 20, 2007.)
  160. 11391.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 7. Mushrooms [11390 - 11392] ( Article 7 added by Stats. 1985, Ch. 1264, Sec. 2. )

    Verify source ↗

    It is an offense, unless otherwise authorized by law, to transport, import, sell, furnish, give away, or offer to do so with certain mushroom-producing spores, mycelium, or other material when done to help violate Section 11390.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 7. Mushrooms [11390 - 11392] ( Article 7 added by Stats. 1985, Ch. 1264, Sec. 2. ) ## 11391. (a) Except as otherwise authorized by law, every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this state, sell, furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054 for the purpose of facilitating a violation of Section 11390 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison. (b) For purposes of this section, “transport” means to transport for sale.(c) This section does not preclude or limit prosecution for any aiding and abetting or conspiracy offenses. (Amended by Stats. 2015, Ch. 77, Sec. 3. (AB 730) Effective January 1, 2016.)
  161. 113911.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “Shellstock” as raw, in-shell molluscan shellfish.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113911. “Shellstock” means raw, in-shell molluscan shellfish. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  162. 113912.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “shucked shellfish” as molluscan shellfish with one or both shells removed.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113912. “Shucked shellfish” means molluscan shellfish that have one or both shells removed. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  163. 113914.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “single-use articles.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113914. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  164. 113916.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “smooth” for certain food-contact surfaces, equipment surfaces, and floors, walls, or ceilings.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113916. “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. (c) A floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  165. 113917.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “swap meet” by referring to Section 21661 of the Business and Professions Code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113917. “Swap meet” shall have the meaning set forth in Section 21661 of the Business and Professions Code. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  166. 11392.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 7. Mushrooms [11390 - 11392] ( Article 7 added by Stats. 1985, Ch. 1264, Sec. 2. )

    Verify source ↗

    Spores or mycelium that can produce certain mushrooms or psilocyn/psioclyin material may be obtained and used for bona fide research, instruction, or analysis if federal law is not violated and the activity is approved by the Research Advisory Panel.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 7. Mushrooms [11390 - 11392] ( Article 7 added by Stats. 1985, Ch. 1264, Sec. 2. ) ## 11392. Spores or mycelium capable of producing mushrooms or other material which contains psilocyn or psyoclyin may be lawfuly obtained and used for bona fide research, instruction, or analysis, if not in violation of federal law, and if the research, instruction, or analysis is approved by the Research Advisory Panel established pursuant to Sections 11480 and 11481. (Added by Stats. 1985, Ch. 1264, Sec. 2.)
  167. 113924.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Table-mounted equipment” means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113924. “Table-mounted equipment” means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  168. 113926.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Tableware” means eating, drinking, and serving utensils for table use, including forks, knives, spoons, bowls, cups, serving dishes, tumblers, and plates.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113926. “Tableware” means eating, drinking, and serving utensils for table use, including forks, knives, spoons, bowls, cups, serving dishes, tumblers, and plates. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  169. 113928.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “temperature measuring device” as a thermometer, thermocouple, thermistor, or similar device that shows the temperature of food, air, or water.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113928. “Temperature measuring device” means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  170. 113930.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “temporary food facility” as a food facility approved by the enforcement officer that operates at a fixed location during an approved community event or at a swap meet, and only as part of that event or swap meet.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113930. “Temporary food facility” means a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet. (Amended by Stats. 2009, Ch. 571, Sec. 17. (SB 241) Effective October 11, 2009.)
  171. 113930.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “third-party food delivery platform” and limits what counts as a food facility for that definition.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113930.5. “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. (Added by Stats. 2020, Ch. 105, Sec. 1. (AB 3336) Effective January 1, 2021.)
  172. 113931.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Tight-fitting” means made so the joining members touch along the entire seam, with no opening greater than 1/64 inch (.04 cm).

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113931. “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). (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  173. 113932.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “transporter” as a vehicle used to move food under a prior order from specified sources to a retail food facility or consumer.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113932. “Transporter” means any vehicle used to transport food pursuant to a prior order from a manufacturer, distributor, retail food facility, or other approved source to a retail food facility or consumer. (Amended by Stats. 2009, Ch. 571, Sec. 18. (SB 241) Effective October 11, 2009.)
  174. 113933.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “USDA” as the United States Department of Agriculture.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113933. “USDA” means the United States Department of Agriculture. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  175. 113934.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “utensil” for food safety purposes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113934. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  176. 113936.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A variance is a written document from the department that lets a person use an alternative practice or procedure if the department finds it is equivalent and will not create a health hazard.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113936. “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. (c) For time as a public health control, as described in Section 114000. (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. (Amended by Stats. 2017, Ch. 259, Sec. 1. (AB 836) Effective January 1, 2018.)
  177. 113938.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “vending machine” and lists items and devices that are excluded from that definition.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113938. “Vending machine” 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 machine” 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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  178. 113939.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “vermin” as cockroaches, mice, rats, and similar disease-carrying pests.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113939. “Vermin” means cockroaches, mice, rats, and similar pests that carry disease. (Amended by Stats. 2009, Ch. 571, Sec. 19. (SB 241) Effective October 11, 2009.)
  179. 113939.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section defines “vermin infestation” for a food facility.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113939.1. “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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  180. 113940.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Warewashing” means cleaning and sanitizing utensils and food-contact surfaces of equipment.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113940. “Warewashing” means the cleaning and sanitizing of utensils and food-contact surfaces of equipment. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  181. 113941.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    “Warm water” is defined as water supplied through a mixing valve or combination faucet at a temperature of at least 100°F.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 2. Definitions [113728 - 113941] ( Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113941. “Warm water” means water that is supplied through a mixing valve or combination faucet at a temperature of at least 100ºF. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  182. 113945.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Supervision [113945 - 113945.1] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The permitholder must be the person in charge, or designate one, and make sure a person in charge is present at the food facility during all operating hours.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Supervision [113945 - 113945.1] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113945. The permitholder 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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  183. 113945.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Supervision [113945 - 113945.1] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The person in charge must keep unnecessary people out of food preparation, food storage, and warewashing areas, except as allowed by Section 113984.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Supervision [113945 - 113945.1] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113945.1. 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. (Amended by Stats. 2007, Ch. 96, Sec. 8. Effective July 20, 2007.)
  184. 113947.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The person in charge and food employees must know food safety and be trained in it; the person in charge must also know about major food allergens and train food facility employees on that information.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113947. (a) The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned duties. (b) 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. (c) For purposes of this section, “person in charge” means a 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. (Amended by Stats. 2016, Ch. 195, Sec. 7. (SB 1067) Effective January 1, 2017.)
  185. 113947.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Certain food facilities must have a certified owner or employee, keep the certificate on site, and meet recertification and knowledge rules.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113947.1. (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. (c) On and after July 1, 2007, temporary food facilities that 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 licensee 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, nonprepackaged 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 January 1, 1999, shall not be enacted, adopted, implemented, or enforced, unless the program fully conforms to the requirements of this part. (Amended by Stats. 2007, Ch. 96, Sec. 9. Effective July 20, 2007.)
  186. 113947.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The food safety certification examination must cover specified food safety knowledge areas.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113947.2. 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. (c) 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, 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. (Amended by Stats. 2016, Ch. 195, Sec. 8. (SB 1067) Effective January 1, 2017.)
  187. 113947.3.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Food safety certification must be earned by passing an accredited exam, and certain exams and certificates must meet accreditation, cost, online availability, and proctoring requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113947.3. (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. (Amended by Stats. 2011, Ch. 233, Sec. 2. (SB 303) Effective September 6, 2011.)
  188. 113947.4.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Local governments generally may not impose extra certificate, posting, or fee requirements on covered food facilities or certified persons, except as provided in Section 113947.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113947.4. 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. (c) Pay any fee or other sum as a condition for having a certificate verified, validated, or otherwise processed by the city, county, or city and county. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  189. 113947.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Statewide certification under this part must be recognized, and enforcement agencies may keep or enforce pre-1998 food handler programs only as they existed before January 1, 1998.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113947.5. 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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  190. 113947.6.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Violating Sections 113947.1 to 113947.5 is an infraction and can result in a fine of up to $100 per day of operation in violation, notwithstanding Section 114395.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113947.6. 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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  191. 113948.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Food handlers generally must get and keep a valid food handler card, and employers and food facilities have related recordkeeping, pay, and posting duties.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Employee Knowledge [113947 - 113948] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113948. (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 completed within approximately two and one-half hours. (C) The examination consists of at least 40 questions regarding the required subject matter. (D) A minimum score of 70 percent on the examination is required to successfully complete the examination. (c) The food handler training course and examination may be offered through a trainer-led class and examination, through the use of a computer program or the internet, or through a combination of a trainer-led class and the use of a computer program or the internet. The use of a computer program or the 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 farmer’s markets. (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). (C) The training is provided during normal work hours, and at 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. (Amended by Stats. 2023, Ch. 610, Sec. 1. (SB 476) Effective January 1, 2024.)
  192. 113949.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The Legislature states that food employees with certain gastrointestinal or communicable illnesses should be prevented from handling food until they are no longer able to spread the illness.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113949. 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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  193. 113949.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    If a local health officer learns of a food-transmissible illness in a food facility or by an employee, the officer must notify the local enforcement agency, and the officer or agency must notify the person in charge and investigate.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113949.1. (a) When a local health officer is notified of an illness that can be transmitted by food in a food facility or by an employee of a food facility, the local health officer shall inform the local enforcement agency. The local health officer or the local enforcement agency, or both, shall notify the person in charge of the food facility and shall investigate conditions and may, after the investigation, take appropriate action, and for reasonable cause, require any or all of the following measures to be taken: (1) The immediate restriction or exclusion of any food employee from the affected food facility. (2) The immediate closing of the food facility until, in the opinion of the local enforcement agency, the identified danger of disease outbreak has been addressed. Any appeal of the closure shall be made in writing within five days to the applicable local enforcement agency. (3) Any medical evaluation of any employee, including any laboratory test or procedure, that may be indicated. If an employee refuses to participate in a medical evaluation, the local enforcement agency may require the immediate exclusion of the refusing employee from that or any other food facility until an acceptable medical evaluation or laboratory test or procedure shows that the employee is not infectious. (b) For purposes of this section, “illness” means a condition caused by any of the following infectious agents: (1) Salmonella typhi. (2) Salmonella spp. (3) Shigella spp. (4) Entamoeba histolytica. (5) Enterohemorrhagic or shiga toxin producing Escherichia coli. (6) Hepatitis A virus. (7) Norovirus. (8) Other communicable diseases that are transmissible through food. (Amended by Stats. 2009, Ch. 571, Sec. 21. (SB 241) Effective October 11, 2009.)
  194. 113949.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A certified owner or certified food employee must train food employees on personal hygiene and food safety, and must require food employees to report certain illnesses and wounds to the person in charge.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113949.2. The owner who has a food safety certificate issued pursuant to Section 113947.1 or the food employee who has this food safety certificate shall instruct all food employees regarding the relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness. The owner or food safety certified employee shall require food employees to report the following to the person in charge: (a) If a food employee is diagnosed with an illness due to one of the following: (1) Salmonella typhi. (2) Salmonella spp. (3) Shigella spp. (4) Entamoeba histolytica. (5) Enterohemorrhagic or shiga toxin producing Escherichia coli. (6) Hepatitis A virus. (7) Norovirus. (b) If a food employee has a 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. (Amended by Stats. 2013, Ch. 556, Sec. 6. (AB 1252) Effective January 1, 2014.)
  195. 113949.4.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A food employee must report specified health information to the person in charge and follow any exclusions or restrictions from Section 113950.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113949.4. 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. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  196. 113949.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The person in charge must notify the local enforcement agency in two situations involving food employees’ infectious disease or acute gastrointestinal illness symptoms.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113949.5. (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. (Amended by Stats. 2007, Ch. 96, Sec. 13. Effective July 20, 2007.)
  197. 11395.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 8. Treatment-Mandated Felony [11395- 11395.] ( Article 8 added November 5, 2024, by initiative Proposition 36, Sec. 7. )

    Verify source ↗

    This section creates the Treatment-Mandated Felony Act and sets penalties and treatment-based procedures for certain people who possess a hard drug.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 8. Treatment-Mandated Felony [11395- 11395.] ( Article 8 added November 5, 2024, by initiative Proposition 36, Sec. 7. ) ## 11395. (a) This article shall be known and cited as the Treatment-Mandated Felony Act. (b) (1) Notwithstanding any other law, and except as provided in subdivision (d), a person described in subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison. (2) A person shall not be sentenced to jail or prison pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4) of subdivision (d) applies to that person. (c) Subdivision (b) applies to a person who has two or more prior convictions for a felony or misdemeanor violation of Section 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395, including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact. (d) (1) (A) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation of this section may elect treatment by pleading guilty or no contest to a violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court. A defendant’s plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph (4) for a violation of this section. (B) Upon or subsequent to arraignment for a violation of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant. The expert shall submit a report of the evaluation to the court and parties. The evaluation may be based on an interview of the defendant or other individuals with relevant knowledge and review of records the expert deems appropriate, including medical records, criminal history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendant’s interview nor evidence derived from the interview may be used against the defendant at any subsequent trial for the instant offense except for the purposes of impeachment should the defendant testify inconsistently. The evaluation shall detail the defendant’s drug abuse or mental health issues, if any, so the court and parties may better determine appropriate handling of the defendant’s case. (C) Concurrent with the order for a substance abuse and mental health evaluation of the defendant, and with the defendant’s consent, the court shall also order that a case worker or other qualified individual determine whether the defendant is eligible to receive Medi-Cal, Medicare, or any other relevant benefits for any programs or evaluations under this section. If the defendant did not previously consent to an eligibility determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendant’s agreement to participate in and complete a treatment program as described in this subdivision. (2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court must hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court. (3) Upon the defendant’s successful completion of the treatment program as specified in paragraph (2), the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss this charge against the defendant and the provisions of Section 1000.4 of the Penal Code, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred. A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose, including for determining punishment pursuant to subdivision (b). (4) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting from treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced. Judgment shall be imposed and the defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when the defendant has been found to have been convicted of a crime that was committed since starting treatment, the court may rerefer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in, and complete, a treatment program as described in this section. (5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits pursuant to Section 4019 of the Penal Code or any other provision. Time spent in any other type of program or counseling is not eligible for any credits. (e) (1) Except as provided in paragraph (2), as used in this section, “hard drug” means a substance listed in Section 11054 or 11055, including a substance containing fentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401. (2) As used in this section, “hard drug” does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD), other psychedelic drugs, including mescaline and psilocybin (mushrooms), any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055. (f) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court. (g) This section shall not be construed to preclude prosecution or punishment pursuant to any other law. (Added November 5, 2024, by initiative Proposition 36, Sec. 7. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)
  198. 113950.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Local health officials or the person in charge must exclude or restrict certain food employees when specified infectious or gastrointestinal conditions are present.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113950. (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. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  199. 113950.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

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    The person in charge may remove a food employee’s restriction if symptoms have resolved and the employee says they no longer have symptoms of an acute gastrointestinal illness. For certain diagnosed infectious illnesses, only the local health officer or local enforcement agency may remove exclusions or restrictions, and only after written clearance from the local health officer.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Employee Health [113949 - 113950.5] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113950.5. (a) The person in charge may remove a restriction for a food employee upon the resolution of symptoms as reported by a food employee if the food employee states that he or she no longer has any symptoms of an acute gastrointestinal illness. (b) Only the local health officer or the local enforcement agency, or both, shall remove exclusions or restrictions, or both, related to diagnosed illnesses due to infectious agents specified in subdivision (b) of Section 113949.1 after the local health officer provides a written clearance stating that the excluded or restricted food employee is no longer considered infectious. (Amended by Stats. 2009, Ch. 571, Sec. 23. (SB 241) Effective October 11, 2009.)
  200. 113952.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Handwashing [113952 - 113963] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Food employees must keep their hands and exposed portions of their arms clean.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 3. Management and Personnel [113945 - 113978] ( Chapter 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Handwashing [113952 - 113963] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113952. Food employees shall keep their hands and exposed portions of their arms clean. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)

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