Health and Safety Code — Part 14 | HSC — United States — California law | Esheria

Health and Safety Code

Part 14 of 87 · provisions 2,601–2,800

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. 114254.1.

    ## 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 CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2.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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Poisonous and Toxic Materials [114254 - 114254.3] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Containers of poisonous or toxic materials and certain personal care items must have a legible manufacturer’s label, and working containers for stored poisonous or toxic materials must be clearly identified with the material’s common name.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Poisonous and Toxic Materials [114254 - 114254.3] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114254.1. (a) Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer’s label. (b) Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  2. 114254.2.

    ## 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Poisonous and Toxic Materials [114254 - 114254.3] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Poisonous or toxic materials must be stored or displayed so they do not contaminate food or related items; cleaners and sanitizers may be kept in warewashing areas if contamination is prevented.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Poisonous and Toxic Materials [114254 - 114254.3] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114254.2. (a) Except as specified in subdivision (b), poisonous or toxic materials shall be stored or displayed so they can not contaminate food, equipment, utensils, linens, and single-use articles by separating the poisonous or toxic materials by spacing or partitioning and locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-use articles. (b) Equipment and utensil cleaners and sanitizers may be stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, and single-use articles. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  3. 114254.3.

    ## 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Poisonous and Toxic Materials [114254 - 114254.3] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

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    A container that was previously used for poisonous or toxic materials must not be used for food, utensils, or 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Poisonous and Toxic Materials [114254 - 114254.3] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114254.3. A container previously used to store poisonous or toxic materials shall not be used to store, transport, or dispense food, utensils, or single-use articles. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  4. 114256.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Employee Storage Areas [114256 - 114256.4] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Areas for employees to eat and drink, and lockers or similar facilities, must be placed to prevent contamination of food and related 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Employee Storage Areas [114256 - 114256.4] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114256. (a) Areas designated for employees to eat and drink shall be located so that food, equipment, linens, and single-use articles are protected from contamination. (b) Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens, and single-use articles cannot occur. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  5. 114256.1.

    ## 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Employee Storage Areas [114256 - 114256.4] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Certain facilities must provide lockers or dressing areas for employee storage, and no one may store clothing or personal effects in food storage/preparation 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Employee Storage Areas [114256 - 114256.4] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114256.1. (a) Lockers or other suitable facilities shall be provided and used for the orderly storage of employee clothing and other possessions. (b) Dressing rooms or dressing areas shall be provided and used by employees if the employees regularly change their clothes in the facility. (c) Restricted food service facilities and nonpermanent food facilities shall not be required to comply with subdivision (a), but no person shall store clothing or personal effects in any area used for the storage and preparation of food. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  6. 114256.2.

    ## 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Employee Storage Areas [114256 - 114256.4] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Medicines kept in a food facility for employees must be labeled and stored to avoid contaminating food and related 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Employee Storage Areas [114256 - 114256.4] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114256.2. Medicines that are in a food facility for the employees’ use shall be labeled and stored so as to prevent the contamination of food, equipment, utensils, linens, and single-use articles. This section does not apply to medicines that are stored or displayed for retail sale. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  7. 114256.4.

    ## 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Employee Storage Areas [114256 - 114256.4] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

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    First aid supplies in a food facility for employees’ use must have a legible manufacturer’s label and be stored in a kit or container placed to avoid contaminating food, equipment, utensils, linens, and 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Employee Storage Areas [114256 - 114256.4] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114256.4. First aid supplies that are in a food facility for the employees’ use shall be labeled with a legible manufacturer’s label and stored in a kit or a container that is located to prevent the contamination of food, equipment, utensils, linens, and single-use articles. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  8. 114257.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. Premises and Facilities [114257 - 114257.1] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Premises of a food facility must be kept clean, fully operative, and in good repair.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. Premises and Facilities [114257 - 114257.1] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114257. All premises of a food facility shall be kept clean fully operative, and in good repair. (Amended by Stats. 2007, Ch. 96, Sec. 43. Effective July 20, 2007.)
  9. 114257.1.

    ## 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. Premises and Facilities [114257 - 114257.1] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. )

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    A food facility’s premises must be kept free of litter and unnecessary 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. Premises and Facilities [114257 - 114257.1] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114257.1. The premises of a food facility shall be free of litter and items that are unnecessary to the operation or maintenance of the facility, such as equipment that is nonfunctional or no longer used. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  10. 114259.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Vermin and Animals [114259 - 114259.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. )

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    A food facility must always be built, equipped, maintained, and operated to prevent animals, birds, and vermin from entering or nesting.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Vermin and Animals [114259 - 114259.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114259. A food facility shall at all times be constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  11. 114259.1.

    ## 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Vermin and Animals [114259 - 114259.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Each food facility must keep its premises free of vermin.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Vermin and Animals [114259 - 114259.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114259.1. The premises of each food facility shall be kept free of vermin. (Amended by Stats. 2007, Ch. 96, Sec. 44. Effective July 20, 2007.)
  12. 114259.2.

    ## 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Vermin and Animals [114259 - 114259.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Passthrough window service openings have size, spacing, screening, and surface requirements, with a larger size allowed if an air curtain device is used.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Vermin and Animals [114259 - 114259.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114259.2. Passthrough window service openings shall be limited to 216 square inches each. The service openings shall not be closer together than 18 inches. Each opening shall be provided with a solid or screened window, equipped with a self-closing device. Screening shall be at least 16 mesh per square inch. Passthrough windows of up to 432 square inches are approved if equipped with an air curtain device. The counter surface of the service openings shall be smooth and easily cleanable. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  13. 114259.3.

    ## 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Vermin and Animals [114259 - 114259.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Insect control devices used to stun or electrocute flying insects must keep the insects inside the device and be installed away from food-handling 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Vermin and Animals [114259 - 114259.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114259.3. (a) Insect control devices that are used to electrocute or stun flying insects shall be designed to retain the insect within the device. (b) Insect control devices shall be installed so that the devices are not located over a food or utensil handling area and dead insects and insect fragments are prevented from being impelled onto or falling on nonprepackaged food, clean equipment, utensils, linens, and unwrapped single-use articles. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  14. 114259.4.

    ## 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Vermin and Animals [114259 - 114259.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Food employees generally may not care for or handle animals that may be present, except for certain service animals and certain seafood or aquarium animals if handwashing requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Vermin and Animals [114259 - 114259.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114259.4. (a) Except as specified in subdivision (b), food employees shall not care for or handle animals that may be present, such as patrol dogs, service animals, or pets that are allowed as specified in subdivision (b) of Section 114259.5. (b) Food employees with service animals may handle or care for their service animals if they wash their hands as required in this part. Food employees may handle or care for fish in aquariums or molluscan shellfish or crustacea in display tanks if they wash their hands as required in this part. (Amended by Stats. 2007, Ch. 96, Sec. 45. Effective July 20, 2007.)
  15. 114259.5.

    ## 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 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Vermin and Animals [114259 - 114259.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Live animals are generally banned in food facilities, with listed exceptions; pet dogs may be allowed outdoors only if specific conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 8. Physical Facilities [114250 - 114259.5] ( Chapter 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Vermin and Animals [114259 - 114259.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114259.5. (a) Except as specified in this section, live animals may not be allowed in a food facility. (b) Live animals may be allowed in any of the following situations if the contamination of food, clean equipment, utensils, linens, and unwrapped single-use articles cannot result: (1) Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems. (2) Animals intended for consumption if the live animals are kept separate from all food and utensil handling areas, are held in sanitary conditions, are slaughtered in a separate room designed solely for that purpose and separated from other food and utensil handling areas, and maintained in an area that has ventilation separate from food and utensil handling areas. (3) Dogs under the control of a uniformed law enforcement officer or of uniformed employees of private patrol operators and operators of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while those employees are acting within the course and scope of their employment as private patrol persons. (4) In areas that are not used for food preparation and that are usually open for consumers, such as dining and sales areas, service animals that are controlled by a disabled employee or person, if a health or safety hazard will not result from the presence or activities of the service animal. (5) Pets in the common dining areas of restricted food service facilities at times other than during meals if all of the following conditions are satisfied: (A) Effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas. (B) Condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present. (C) Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service. (6) In areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly restricted, such as in a variety store that sells pets or a tourist park that displays animals. (7) If kept at least 20 feet (6 meters) away from any mobile food facility, temporary food facility, or certified farmers’ market. (c) Those persons and operators described in paragraphs (3) and (4) of subdivision (b) are liable for any damage done to the premises or facilities by the dog. (d) Pet dogs under the control of a person in an outdoor dining area if all of the following conditions are satisfied: (1) The owner of the food facility elects to allow pet dogs in its outdoor dining area. (2) A separate outdoor entrance is present where pet dogs enter without going through the food establishment to reach the outdoor dining area and pet dogs are not allowed on chairs, benches, seats, or other fixtures. (3) The outdoor dining area is not used for food or drink preparation or the storage of utensils. A food employee may refill a beverage glass in the outdoor dining area from a pitcher or other container. (4) Food and water provided to pet dogs shall only be in single-use disposable containers. (5) Food employees are prohibited from having direct contact with pet dogs while on duty. A food employee who does have that prohibited direct contact shall wash his or her hands as required by Section 113953.3. (6) The outdoor dining area is maintained clean. Surfaces that have been contaminated by dog excrement or other bodily fluids shall be cleaned and sanitized. (7) The pet dog is on a leash or confined in a pet carrier and is under the control of the pet dog owner. (8) The food facility owner ensures compliance with local ordinances related to sidewalks, public nuisance, and sanitation. (9) Other control measures approved by the enforcement agency. (e) Live or dead fish bait may be stored if contamination of food, clean equipment, utensils, linens, and unwrapped single-use articles cannot result. (Amended by Stats. 2014, Ch. 234, Sec. 2. (AB 1965) Effective January 1, 2015.)
  16. 114265.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Permanent food facilities must comply with the applicable requirements in Chapters 1 to 8 and Chapter 13, unless specifically exempted.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114265. All permanent food facilities shall meet the applicable requirements in Chapters 1 to 8, inclusive, and Chapter 13, unless specifically exempted from any of these provisions. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  17. 114266.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Floors, Walls, and Ceilings [114266 - 114272] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Permanent food facilities must be enclosed in a building that meets the code’s minimum standards, with limited exceptions. Restaurants using certain open-front features may do so only if they prepare and submit an approved pest management and food safety plan and follow ongoing enclosure, review, and vermin-control 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 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Floors, Walls, and Ceilings [114266 - 114272] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114266. (a) Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation. (b) Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service. (c) Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours. (d) (1) Notwithstanding subdivision (a), a restaurant, which for these purposes shall have the same meaning as is provided for the term “bona fide public eating place” in Section 23038 of the Business and Professions Code, may operate using open windows, folding doors, or nonfixed store fronts during hours of operation if the restaurant develops an integrated pest management and food safety risk mitigation plan, which shall be submitted to the enforcement agency for approval before operation, and it meets both of the following requirements: (A) The facility shall be fully enclosed during hours of nonoperation. (B) The restaurant shall have the ability to operate while the facility is fully enclosed, as necessary. (2) The integrated pest management and food safety risk mitigation plan shall be documented in writing and made available upon request to local environmental health enforcement officers. (3) The integrated pest management and food safety risk mitigation plan shall include, at a minimum, the following components: (A) A risk assessment that includes a comprehensive evaluation of the facility’s layout, operations, storage practices, and surrounding environment in order to identify areas and practices that pose a risk of vermin infestation. (B) Control procedures that include preventive and responsive measures to eliminate conditions that attract or harbor vermin, such as trash and compost control, that respond to conditions that can lead to food contamination, such as dust and debris, and that ensure a clean and sanitary facility. (C) Ongoing monitoring procedures for regularly inspecting and documenting vermin activity, problem areas, and effectiveness of implemented controls, and that requires monitoring to occur at a frequency that is appropriate to the level of identified risk. (D) Training for all employees upon hire and annually, on pest prevention practices, the restaurant’s pest control procedures, and the employee’s individual responsibilities in maintaining a vermin-free environment. (E) Record keeping that includes maintaining the following records that shall be made available upon request to local environmental health officers: (i) A description of dates and times of self-closure events related to vermin activities. (ii) Dates of all site visits, and description of exclusion or treatment events performed, by a certified pest control operator and copies of detailed receipts associated with those visits, which shall be kept onsite for 12 months. (4) The restaurant shall review and update the plan annually or whenever there is a change to the facility or operation. (5) The restaurant shall self-close upon observation of vermin activity inside the facility, including droppings or markings, and remain closed and not operated until all vermin are eliminated. (6) The local enforcement agency shall not unreasonably withhold approval of a proposed pest management and food safety risk mitigation plan. The local enforcement agency shall make every reasonable effort to identify conditions, operational practices, or mitigation measures that would allow the proposed open-front facility configuration to operate safely. Approval shall be granted unless the agency demonstrates, based upon substantial evidence in the record, that specific, unique circumstances exist in a particular facility such that no reasonable conditions or measures can sufficiently mitigate a significant risk to public health or safety. (7) Nothing in this subdivision limits the existing authority of the local enforcement agency pursuant to the California Retail Food Code to suspend or revoke the approval of an integrated pest management and food safety risk mitigation plan if the approved plan is not followed, if vermin are observed during an inspection, or if complaints of vermin presence are verified. (Amended by Stats. 2025, Ch. 469, Sec. 5. (AB 592) Effective January 1, 2026.)
  18. 114268.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Floors, Walls, and Ceilings [114266 - 114272] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Floor surfaces in covered food areas must meet cleanliness and construction standards, and schools have special compliance 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 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Floors, Walls, and Ceilings [114266 - 114272] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114268. (a) Except in sales areas and as otherwise specified in subdivision (d), the floor surfaces in all areas in which food is prepared, prepackaged, or stored, where any utensil is washed, where refuse or garbage is stored, where janitorial facilities are located in all toilet and handwashing areas, except with respect to areas relating to guestroom accommodations and the private accommodations of owners and operators in restricted food service facilities, shall be smooth and of durable construction and nonabsorbent material that is easily cleanable. (b) Floor surfaces shall be coved at the juncture of the floor and wall with a 3/8 inch minimum radius coving and shall extend up the wall at least 4 inches, except in areas where food is stored only in unopened bottles, cans, cartons, sacks, or other original shipping containers. (c) Public or private schools constructed or remodeled after the effective date of this part shall comply with subdivision (b). Public and private schools constructed before the effective date of this part need not comply with subdivision (b), provided that the existing floor surfaces are maintained in good repair and in a sanitary condition. (d) Except for dining and serving areas, the use of sawdust, wood shavings, peanut hulls, or similar materials is prohibited. (e) This section shall not prohibit the use of approved dust-arresting floor sweeping and cleaning compounds during floor cleaning operations or the use of antislip floor finishes or materials in areas where necessary for safety reasons. (Amended by Stats. 2013, Ch. 556, Sec. 14. (AB 1252) Effective January 1, 2014.)
  19. 114268.1.

    ## 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 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Floors, Walls, and Ceilings [114266 - 114272] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    In food facilities, cleaning must use dustless methods, except that certain spills between normal cleaning times may be cleaned without dust-arresting compounds.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Floors, Walls, and Ceilings [114266 - 114272] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114268.1. (a) Except as specified in subdivision (b), only dustless methods of cleaning such as wet cleaning, vacuum cleaning, mopping with treated dust mops, or sweeping using a broom and dust-arresting compounds shall be used in food facilities. (b) Spills or drippage on floors that occur between normal floor cleaning times may be cleaned without the use of dust-arresting compounds and, in the case of liquid spills or drippage, with the use of a small amount of absorbent compound such as sawdust or diatomaceous earth applied immediately before spot cleaning. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  20. 114269.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Floors, Walls, and Ceilings [114266 - 114272] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    When a food facility is newly built or extensively remodeled, floor drains and floor sinks are required in specified areas, and certain floors must slope toward the drains.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Floors, Walls, and Ceilings [114266 - 114272] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114269. (a) Upon new construction or extensive remodeling, floor drains shall be installed in floors that are water-flushed for cleaning and in areas where pressure spray methods for cleaning equipment are used. Floor surfaces in areas pursuant to this subdivision shall be sloped 1:50 to the floor drains. (b) Upon new construction or extensive remodeling, floor sinks or equivalent devices shall be installed to receive discharges of water or other liquid waste from equipment. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  21. 114271.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Floors, Walls, and Ceilings [114266 - 114272] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Walls and ceilings in all rooms must generally be durable, smooth, nonabsorbent, and easy to clean, with listed exceptions and extra rules for some surfaces and fixtures.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Floors, Walls, and Ceilings [114266 - 114272] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114271. (a) Except as provided in subdivision (b), the walls and ceilings of all rooms shall be of a durable, smooth, nonabsorbent, and easily cleanable surface. (b) This section shall not apply to any of the following areas: (1) Walls and ceilings of bar areas in which alcoholic beverages are sold or served directly to the consumers, except wall areas adjacent to bar sinks and areas where food is prepared. (2) Areas where food is stored only in unopened bottles, cans, cartons, sacks, or other original shipping containers. (3) Dining and sales areas. (4) Offices. (5) Restrooms that are used exclusively by the consumers, except that the walls and ceilings in the restrooms shall be of a nonabsorbent and washable surface. (6) Dressing rooms, dressing areas, or locker areas. (c) Acoustical paneling may be utilized if it is installed not less than six feet above the floor. The paneling shall meet the other requirements of this section. (d) Conduits of all types shall be installed within walls as practicable. When otherwise installed, they shall be mounted or enclosed so as to facilitate cleaning. (e) Attachments to walls and ceilings, such as light fixtures, mechanical room ventilation system components, vent covers, wall mounted fans, decorative items, and other attachments, shall be easily cleanable. (Amended by Stats. 2013, Ch. 556, Sec. 15. (AB 1252) Effective January 1, 2014.)
  22. 114272.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Floors, Walls, and Ceilings [114266 - 114272] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mats and duckboards must be made so they can be removed and cleaned easily.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Floors, Walls, and Ceilings [114266 - 114272] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114272. Mats and duckboards shall be designed to be removable and easily cleanable. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  23. 114276.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Toilet Facilities [114276- 114276.] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Permanent food facilities must provide and maintain clean, working toilet and handwashing facilities, with extra access or notice rules in some cases.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Toilet Facilities [114276- 114276.] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114276. (a) A permanent food facility shall provide clean toilet facilities in good repair for use by employees. (b) (1) A permanent food facility shall provide clean toilet facilities in good repair for consumers, guests, or invitees when there is onsite consumption of foods or when the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space. (2) Notwithstanding Section 113984.1, toilet facilities that are provided for use by consumers, guests, or invitees shall be in a location where consumers, guests, and invitees do not pass through food preparation, food storage, or utensil washing areas to reach the toilet facilities. (3) For purposes of this section, a building subject to paragraph (1) that has a food facility with more than 20,000 square feet of floor space shall provide at least one separate toilet facility for men and one separate toilet facility for women. (4) For purposes of this section, the gas pump area of a service station that is maintained in conjunction with a food facility shall not be considered as property used in connection with the food facility or be considered in determining the square footage of floor space of the food facility. (c) (1) Toilet rooms shall be separated by well-fitted, self-closing doors that prevent the passage of flies, dust, or odors. (2) Toilet room doors shall be kept closed except during cleaning and maintenance operations. (d) Handwashing facilities, in good repair, shall be provided as specified in Sections 113953 and 113953.3. (e) A city, county, or city and county may enact ordinances that are more restrictive than this section. (f) (1) Except as provided in paragraph (1) of subdivision (b), a food facility that was constructed before January 1, 2004, that has been in continuous operation since January 1, 2004, and that provides space for the consumption of food on the premises shall either provide clean toilet facilities in good repair for consumers, guests, or invitees on property used in connection with, or in, the food facility or prominently post a sign within the food facility in a public area stating that toilet facilities are not provided. (2) The first violation of paragraph (1) shall result in a warning. Subsequent violations shall constitute an infraction punishable by a fine of not more than two hundred fifty dollars ($250). (3) The requirements of this section for toilet facilities that are accessible to consumers, guests, or invitees on the property may be satisfied by permitting access by those persons to the toilet and handwashing facilities that are required by this part. (Amended by Stats. 2015, Ch. 164, Sec. 3. (AB 143) Effective January 1, 2016.)
  24. 114279.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Janitorial Facilities [114279 - 114282] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Permanent food facilities must provide at least one curbed cleaning facility or janitorial sink with hot and cold water and a drain, placed where it can be used to clean mops and dispose of mop 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 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Janitorial Facilities [114279 - 114282] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114279. (a) At least one curbed cleaning facility or janitorial sink equipped with hot and cold water and a drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste. (b) Restricted food service facilities shall be exempt from subdivision (a) if hot water is available for janitorial purposes and wastewater from janitorial activities is disposed of through an approved sewage disposal system. (Amended by Stats. 2009, Ch. 571, Sec. 51. (SB 241) Effective October 11, 2009.)
  25. 114281.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Janitorial Facilities [114279 - 114282] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A separated room, area, or cabinet must be provided for storing cleaning equipment and supplies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Janitorial Facilities [114279 - 114282] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114281. A room, area, or cabinet separated from any food preparation or storage area, or warewashing or storage area shall be provided for the storage of cleaning equipment and supplies. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  26. 114282.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Janitorial Facilities [114279 - 114282] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    After use, mops must be placed so they can air-dry without soiling walls, equipment, or supplies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Janitorial Facilities [114279 - 114282] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114282. After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  27. 114285.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Premises [114285 - 114286] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Private homes and sleeping quarters generally may not be used to run food facility operations, with limited exceptions for certain nonperishable prepackaged food and for restricted food service facilities meeting a no-sleeping-accommodations condition.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Premises [114285 - 114286] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114285. (a) Except as specified in subdivision (b), a private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters shall not be used for conducting food facility operations. (b) (1) Nonperishable, prepackaged food may be given away, sold, or handled from a private home. No food that has exceeded the labeled shelf life date recommended by the manufacturer shall be deemed to be nonperishable food. (2) For purposes of this subdivision, “nonperishable food” means a food that is not a potentially hazardous food, and that does not show signs of spoiling, becoming rancid, or developing objectionable odors during storage at ambient temperatures. (c) Restricted food service facilities are exempt from subdivision (a) provided that no sleeping accommodations shall be allowed in any area where food is prepared or stored. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  28. 114286.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Premises [114285 - 114286] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Sleeping accommodations may not be kept in rooms where food is prepared, stored, or sold, and living or sleeping quarters on a food facility’s premises must be separated from food-operation areas by complete partitioning.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Premises [114285 - 114286] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114286. (a) No sleeping accommodations shall be maintained or kept in any room where food is prepared, stored, or sold. (b) Living or sleeping quarters located on the premises of a food facility shall be separated from rooms and areas used for food facility operations by complete partitioning. Except for restricted food service facilities, no door or other opening shall be permitted in the partition that separates the food facility from the living or sleeping quarters. (Amended by Stats. 2009, Ch. 571, Sec. 52. (SB 241) Effective October 11, 2009.)
  29. 114289.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. Prepackaged Nonpotentially Hazardous Foods [114289 - 114289.5] ( Article 5 added by Stats. 2010, Ch. 682, Sec. 1. )

    Verify source ↗

    Some small permanent food facilities are exempt from this part, but certain low-display-area facilities still must follow specified sections and chapters.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. Prepackaged Nonpotentially Hazardous Foods [114289 - 114289.5] ( Article 5 added by Stats. 2010, Ch. 682, Sec. 1. ) ## 114289. (a) Notwithstanding any law to the contrary, a permanent food facility that has less than 300 square feet of display area and that sells only prepackaged food that is not potentially hazardous food shall be exempt from the requirements of this part except as set forth in subdivision (c). (b) Notwithstanding any law to the contrary, a premises set aside for beer or wine tasting, as that term is defined in Section 23356.1 or 23357.3 of the Business and Professions Code, that complies with Section 118375, for the purposes of wine or beer tasting, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption, and crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption shall be subject to the requirements set forth in paragraph (1) of subdivision (c). These facilities shall not have a food display area greater than 25 square feet. (c) (1) A facility or premises with a food display area of 25 square feet or less shall comply with all of the following: (A) Sections 113980, 114047, 114049, 114390, 114393, 114395, 114397, and 114399. (B) Chapter 1 (commencing with Section 113700). (C) Chapter 2 (commencing with Section 113728). (2) A permanent food facility with a food display area greater than 25 square feet, but less than 300 square feet, shall comply with all of the following: (A) Sections 113980, 114047, 114049, 114250, 114266, 114381, 114387, 114390, 114393, 114395, 114397, 114399, 114405, 114407, 114409, 114411, and 114413. (B) Chapter 1 (commencing with Section 113700). (C) Chapter 2 (commencing with Section 113728). (Amended (as amended by Stats. 2014, Ch. 927, Sec. 2) by Stats. 2015, Ch. 164, Sec. 4. (AB 143) Effective January 1, 2016.)
  30. 114289.5.

    ## 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 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. Prepackaged Nonpotentially Hazardous Foods [114289 - 114289.5] ( Article 5 added by Stats. 2010, Ch. 682, Sec. 1. )

    Verify source ↗

    The enforcement agency may recover the costs of investigating and enforcing this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 9. Permanent Food Facilities [114265 - 114289.5] ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. Prepackaged Nonpotentially Hazardous Foods [114289 - 114289.5] ( Article 5 added by Stats. 2010, Ch. 682, Sec. 1. ) ## 114289.5. The enforcement agency may recover the costs of investigation and enforcement of this article. (Added by Stats. 2010, Ch. 682, Sec. 1. (AB 2432) Effective January 1, 2011.)
  31. 114294.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile food facilities and mobile support units must meet specified chapter requirements unless exempted, and the enforcement agency must approve them; some facilities also need state certification and equipment installation approval before 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 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114294. (a) All mobile food facilities and mobile support units shall meet the applicable requirements in Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing with Section 114250), inclusive, and Chapter 13 (commencing with Section 114380), unless specifically exempted from any of these provisions, as provided in this chapter. (b) The enforcement agency shall initially approve all mobile food facilities and mobile support units as complying with the provisions of this chapter and may require reapproval if deemed necessary. (c) Each mobile food facility that is either a special purpose commercial modular and coach, as defined by Section 18012.5, or a commercial modular coach, as defined by Section 18001.8, shall be certified by the Department of Housing and Community Development, consistent with Chapter 4 (commencing with Section 18025) of Part 2 of Division 13 and regulations promulgated pursuant to that chapter. The enforcement agency shall approve all equipment installation prior to operation. (Amended by Stats. 2018, Ch. 493, Sec. 8. (AB 2524) Effective January 1, 2019.)
  32. 114295.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile food facilities generally must operate with a commissary, mobile support unit, or another facility approved by the enforcement agency, unless a stated exemption applies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114295. (a) Except as specified in subdivision (b), all mobile food facilities shall operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency. (b) (1) This section does not apply to mobile food facilities that operate at community events as defined in Section 113755 and that remain in a fixed position during food preparation and its hours of operation, if potable water and liquid waste disposal facilities are available to mobile food facilities requiring potable water. (2) This section does not apply to mobile food facilities that are certified mobile farmers’ markets, as defined in Section 113743, that only sell whole fruit and vegetables, cottage food products, and prepackaged nonpotentially hazardous foods. (c) Mobile food facilities shall be stored at or within a commissary or other location approved by the enforcement agency in order to have protection from unsanitary conditions. (d) Mobile support units shall be operated from and stored at a designated commissary and shall be subject to permitting and plan review. (e) Notwithstanding any other provisions of this section, a mobile food facility that is engaged in food preparation, other than limited food preparation, as defined in Section 113818, shall not operate in conjunction with a mobile support unit. (Amended by Stats. 2024, Ch. 915, Sec. 4. (AB 2786) Effective January 1, 2025.)
  33. 114297.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile food facilities must be cleaned and serviced daily, and most must report daily to a commissary or other approved 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 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114297. (a) Mobile food facilities shall be cleaned and serviced at least once daily during an operating day. (b) Except as specified in subdivision (c), all mobile food facilities shall report to the commissary or other approved facility on a daily basis. (c) Mobile food facilities that are serviced by a mobile support unit and that do not report to a commissary on a daily basis shall be stored in a manner that protects the mobile food facility from contamination. All food shall be stored at the commissary or other approved facility at the end of the operating day. (d) Mobile support units shall report to a commissary or other approved facility for cleaning, servicing, and storage at least daily. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  34. 114299.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile food facilities and mobile support units must display specified identifying information so it is legible, visible to consumers, and permanently affixed; certain motorized units must show the identification on two sides.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114299. (a) Except as specified in subdivision (c), the business name or name of the operator, city, state, ZIP Code, and name of the permitholder, if different from the name of the food facility, shall be legible, clearly visible to consumers, and permanently affixed on the consumer side of the mobile food facility and on a mobile support unit. (b) The business name shall be in letters at least 3 inches high. Letters and numbers for the city, state, ZIP Code, and permitholder name, if different from the business name, shall not be less than one inch high. The color of each letter and number shall contrast with its background. (c) Notwithstanding subdivision (a), motorized mobile food facilities and mobile support units shall have the required identification on two sides. (Amended by Stats. 2016, Ch. 195, Sec. 15. (SB 1067) Effective January 1, 2017.)
  35. 114301.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile food facilities must meet detailed construction and equipment sanitation standards, with some exceptions and cross-references to other 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 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114301. (a) Except to the extent that an alternative construction standard is explicitly prescribed by this section, construction standards for mobile food facilities that are subject to Part 2 (commencing with Section 18000) of Division 13 shall be governed by that part. (b) Mobile food facility equipment, including, but not limited to, cooking equipment, the interior of cabinet units, and compartments, shall be designed and made of materials that result in smooth, readily accessible, and easily cleanable surfaces. (1) Unfinished wooden surfaces are prohibited. (2) Construction joints and seams shall be tightly fitted and sealed so as to be easily cleanable. Silicone sealant or equivalent waterproof compounds shall be acceptable, provided that the gap is smaller than one-quarter inch and applied smooth so as to prevent the entrance of liquid waste or vermin. (3) Except as specified in Section 114314, nonportable equipment shall be an integral part of the primary unit. (c) Mobile food facilities that handle potentially hazardous foods, except for prepackaged frozen ready-to-eat foods, whole fish, and whole aquatic invertebrates, shall be equipped with refrigeration units as defined in Section 113885. (d) All new and replacement gas-fired appliances shall meet applicable ANSI standards. All new and replacement electrical appliances shall meet applicable Underwriters Laboratory standards. However, for units subject to Part 2 (commencing with Section 18000) of Division 13, these appliances shall comply with standards prescribed by Sections 18028, 18029.3, and 18029.5. (e) Space around pipes, conduits, or hoses that extend through cabinets, floors, or outer walls shall be sealed. The closure shall be smooth and easily cleanable. (f) Equipment in which spillage is likely to occur shall have a drip tray fitted so that spillage drains into a waste tank. (g) All equipment shall be installed so as to be easily cleanable, prevent vermin harborage, and provide adequate access for service and maintenance. (1) Equipment shall be spaced apart or sealed together for easy cleaning. There shall be a minimum of four inches of unobstructed space provided for sanitary maintenance beneath counter mounted equipment or between the sides of adjacent equipment. (2) Portable equipment or machinery need not comply with the minimum leg height requirement. (3) Threads, nuts, or rivets shall not be exposed where they interfere with cleaning. Threads, nuts, or rivets that interfere with cleaning shall be sealed or capped. (4) All floor mounted equipment shall be sealed to the floor to prevent moisture from getting under the equipment, or it shall be raised at least six inches off the floor by means of an easily cleanable leg and foot. (h) Floors, walls, and ceilings of all enclosed food preparation areas shall be constructed so that the surfaces are impervious, smooth, and easily cleanable. Floor surfaces shall provide employee safety from slipping. The juncture of the floor and wall shall be coved with a 3/8 inch minimum radius coving, with the floor surface extending up the wall at least four inches. (i) Notwithstanding Section 114143, ground or floor surfaces where cooking processes are conducted from a grill, barbecue, or other unenclosed cooking unit on a mobile food facility shall be impervious, smooth, easily cleanable, and shall provide employee safety from slipping. Ground or floor surfaces in compliance with this section shall extend a minimum of five feet on all open sides of where cooking processes are conducted. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  36. 114303.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile food facility operators covered by this section must maintain food-safety procedures, and the enforcement agency must review and approve those procedures before they are used.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114303. (a) Employee entrance doors to food preparation areas shall be self-closing and kept closed when not in use. (b) The mobile food facility, and all equipment and utensils shall be protected from potential contamination, and kept clean, in good repair, and free of vermin. (c) During transportation, storage, and operation of a mobile food facility, food, food-contact surfaces, and utensils shall be protected from contamination. (d) The permitholder of an unenclosed mobile food facility handling nonprepackaged food shall develop and follow written operational procedures for food handling and the cleaning and sanitizing of food-contact surfaces and utensils. The enforcement agency shall review and approve the procedures prior to implementation and an approved copy shall be kept on the mobile food facility during periods 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.)
  37. 114305.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile food facilities must keep retail food on the facility during operation, with a limited exception for approved restocking.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114305. (a) During operation, no food intended for retail shall be conveyed, held, stored, displayed, or served from any place other than a mobile food facility, except for the restocking of product in a manner approved by the enforcement agency. (b) Food preparation counter space shall be provided commensurate with the food operation, adjacent to all cooking equipment. (c) Except as specified in subdivision (d), food products remaining after each day’s operation shall be stored in an approved commissary or other approved facility. (d) Potentially hazardous foods held at or above 135ºF on a mobile food facility or mobile support unit shall be destroyed at the end of the operating day. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  38. 114306.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Single operating site mobile food facilities are limited to certain food types and must meet sink, location, and permit-holder 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 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114306. (a) A single operating site mobile food facility is restricted to produce, prepackaged food, and limited food preparation. (b) Notwithstanding Section 113984, a mobile food facility operating within a fully enclosed structure shall not be required to provide a secondary food compartment over food preparation areas. (c) A single operating site mobile food facility that is required to provide warewashing and handwashing facilities shall provide a warewashing sink and handwashing sink per site or operation. A warewashing and handwashing sink contained in a facility to which this subdivision applies shall be conveniently located so as to be accessible during all hours of operation. Additional handwashing sinks may be required pursuant to paragraph (1) of subdivision (b) of Section 113953. (d) Notwithstanding Section 114095, a warewashing sink may be shared by not more than four mobile food facilities operating as a single operating site mobile food facility that is required to provide a warewashing sink, if the sink is conveniently located so as to be accessible during all hours of operation. (e) For purposes of permitting and enforcement, the permitholder of each single operating site mobile food facility location shall be the same. (Added by Stats. 2009, Ch. 571, Sec. 54. (SB 241) Effective October 11, 2009.)
  39. 114307.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Certain mobile food facilities at community events may add a staffed counter, store non-potentially hazardous food in unopened containers nearby, and operate an open-air barbecue if the enforcement agency approves.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114307. Mobile food facilities that operate at community events and that remain fixed during food preparation and its hours of operation may: (a) Include a staffed counter that serves hot and cold beverages and ice that are not potentially hazardous food and that are dispensed from approved bulk dispensing units. (b) Store supplies and food that are not potentially hazardous in unopened containers adjacent to the mobile food facility or in a nearby temporary storage unit. “Unopened container” means a factory sealed container that has not been previously opened and that is suitably constructed to be resistant to contamination from moisture, dust, insects, and rodents. (c) Operate an open-air barbecue adjacent to the mobile food facility if approved by the enforcement agency. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  40. 114309.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile food facilities and mobile support units are exempt from certain sections, and some existing approved facilities do not have to be replaced, modified, or upgraded to a three-compartment sink in specified cases.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114309. (a) Mobile food facilities and mobile support units shall be exempt from the requirements of Sections 114250, 114256.1, and 114279. A local enforcement agency may exempt a push cart operating outdoors, other than a special purpose commercial modular and coach, as defined by Section 18012.5, or a commercial modular coach, as defined by Section 18001.8, that conducts only limited food preparation from Section 114149.1. (b) This chapter does not require any person to replace or modify an existing mobile food facility approved for operation prior to adoption of this part, so long as the facility is operated in accordance with the conditions of approval. Plans and specifications may be required by the enforcement agency if it determines that they are necessary to assure compliance with this part. (c) Mobile food facilities equipped with a one-compartment sink or two-compartment sink that was approved for operation prior to adoption of this part need not provide a three-compartment sink. (Amended by Stats. 2021, Ch. 155, Sec. 7. (AB 831) Effective January 1, 2022.)
  41. 114311.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Certain mobile food facilities must provide handwashing facilities and keep them separate from the warewashing sink.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114311. Mobile food facilities not under a valid permit as of January 1, 1997, from which nonprepackaged food is sold shall provide handwashing facilities. The handwashing facilities shall be separate from the warewashing sink. (a) The handwashing sink shall have a minimum dimension of nine inches by nine inches in length and width and five inches in depth and be easily accessible by food employees. (b) The handwashing facility shall be separated from the warewashing sink by a metal splashguard with a height of at least six inches that extends from the back edge of the drainboard to the front edge of the drainboard, the corners of the barrier to be rounded. No splashguard is required if the distance between the handwashing sink and the warewashing sink drainboards is 24 inches or more. (c) This section shall not apply to mobile food facilities handling only whole produce or the bulk dispensing of nonpotentially hazardous beverages. (Amended by Stats. 2009, Ch. 571, Sec. 55. (SB 241) Effective October 11, 2009.)
  42. 114313.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Some mobile food facilities must provide a three-compartment warewashing sink with specified drainboards and faucet features; certain facilities may use alternative sink arrangements or be exempt for limited food 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 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114313. (a) Except as specified in subdivisions (b) and (c), a mobile food facility where nonprepackaged food is cooked, blended, or otherwise prepared shall provide a warewashing sink with at least three compartments with two integral metal drainboards. (1) The dimensions of each compartment shall be large enough to accommodate the cleaning of the largest utensil and either of the following: (A) At least 12 inches wide, 12 inches long, and 10 inches deep. (B) At least 10 inches wide, 14 inches long, and 10 inches deep. (2) Each drainboard shall be at least the size of one of the sink compartments. The drainboards shall be installed with at least one-eighth inch per foot slope toward the sink compartment, and fabricated with a minimum of one-half inch lip or rim to prevent the draining liquid from spilling onto the floor. (3) The sink shall be equipped with a mixing faucet and shall be provided with a swivel spigot capable of servicing all sink compartments. (b) If all utensils and equipment of a mobile food facility are washed and sanitized on a daily basis at the approved commissary or other approved food facility, and the mobile food facility provides and maintains an adequate supply of spare preparation and serving utensils in the mobile food facility as needed to replace those that become soiled or contaminated, then the mobile food facility shall not be required to provide a warewashing sink to only handle any of the following: (1) Nonpotentially hazardous foods that do not require preparation other than heating, baking, popping, portioning, bulk dispensing, assembly, or shaving of ice. (2) Steamed or boiled hot dogs. (3) Tamales in the original, inedible wrapper. (c) An unenclosed mobile food facility that prepares potentially hazardous beverages for immediate service in response to an individual consumer order shall do one of the following: (1) Provide a three-compartment sink described in subdivision (a). (2) Provide at least one two-compartment sink that complies with subdivision (e) of Section 114099.3. (3) Provide a one-compartment sink with at least one integral metal drainboard, an adequate supply of spare preparation and serving utensils to replace those that become soiled or contaminated, and warewashing facilities that comply with subdivision (a) in reasonable proximity to, and readily accessible for use by, food employees at all times. (Amended by Stats. 2009, Ch. 571, Sec. 56. (SB 241) Effective October 11, 2009.)
  43. 114314.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Unenclosed mobile food facilities must provide required handwashing and warewashing sinks as part of the unit or approved conveyance, and warewashing sinks must have overhead protection.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114314. (a) Handwashing sinks and warewashing sinks for unenclosed mobile food facilities shall be an integral part of the primary unit or on an approved auxiliary conveyance that is used in conjunction with the mobile food facility. (b) Warewashing sinks for unenclosed mobile food facilities shall be equipped with overhead protection made of wood, canvas, or other materials that protect the sinks from bird and insect droppings, dust, precipitation, and other contaminants. (Amended by Stats. 2009, Ch. 571, Sec. 57. (SB 241) Effective October 11, 2009.)
  44. 114315.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A food facility must operate within 200 feet of an approved, readily available toilet and handwashing facility, unless the enforcement agency approves otherwise.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114315. (a) A food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the enforcement agency, to ensure that restroom facilities are available to facility employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period. (b) This section does not limit the authority of a local governing body to adopt, by ordinance or resolution, additional requirements for the public safety, including reasonable time, place, and manner restrictions pursuant to its authority under subdivision (b) of Section 22455 of the Vehicle Code. (Amended by Stats. 2008, Ch. 139, Sec. 2. Effective January 1, 2009.)
  45. 114317.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The exterior of a mobile food facility and its surrounding area must be kept sanitary when related to food service operations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114317. The exterior of a mobile food facility and the surrounding area, as relating to the operation of food service, shall be maintained in a sanitary condition. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  46. 114319.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile food facilities must keep spare tires and related mechanical equipment out of food preparation and storage areas, and must store poisonous substances and food/utensils in specified approved ways.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114319. (a) Spare tires, related automotive equipment, or special tools relating to the mechanical operation of the mobile food facility shall not be stored in the food preparation or food storage areas. (b) A separate cabinet or drawer shall be installed for the storage of insecticides or other poisonous substances in accordance with Section 114254, if these substances are used. All poisonous chemicals shall be kept in this cabinet or drawer in their original containers and in a manner that offers no contamination hazard to food or utensils. (c) During periods of inoperation, food and utensils shall be stored in one of the following methods: (1) Within approved food storage facilities at the commissary or other approved facility. (2) In food compartments approved by the enforcement agency where the food is protected at all times from contamination, exposure to the elements, ingress of rodents and other vermin, and temperature abuse. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  47. 114321.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile food facilities occupied during normal business operations must keep the aisleway clear and meet minimum size requirements: 74 inches of clear height and 30 inches of horizontal aisle space.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114321. Mobile food facilities that are occupied during normal business operations shall have a clear, unobstructed height over the aisleway portion of the unit of at least 74 inches from floor to ceiling, and a minimum of 30 inches of unobstructed horizontal aisle space. This section shall not apply to vehicles under permit prior to January 1, 1996. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  48. 114322.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Certain compressor units, auxiliary engines, generators, and similar equipment must be installed away from food preparation and food storage areas, with access from outside the unit for cleaning and maintenance.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114322. Compressor units that are not an integral part of food equipment, auxiliary engines, generators, and similar equipment shall be installed in an area that is completely separated from food preparation and food storage and that is accessible from outside the unit for proper cleaning and maintenance. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  49. 114323.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile food facilities must carry and maintain specified safety equipment and install it in the required way, with extra rules for facilities operating at more than one location per day.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114323. (a) A first-aid kit shall be provided and located in a convenient area in an enclosed case. (b) Mobile food facilities that operate at more than one location in a calendar day shall be equipped to meet all of the following requirements: (1) All utensils in a mobile food facility shall be stored so as to prevent their being thrown about in the event of a sudden stop, collision, or overturn. A safety knife holder shall be provided to avoid loose storage of knives in cabinets, boxes, or slots along counter aisles. Knife holders shall be designed to be easily cleanable and be manufactured of materials approved by the enforcement agency. (2) Coffee urns, deep fat fryers, steam tables, and similar equipment shall be equipped with positive closing lids that are fitted with a secure latch mechanism that will prevent excessive spillage of hot liquids into the interior of a mobile food facility in the event of a sudden stop, collision, or overturn. As an alternative to this requirement, a coffee urn may be installed in a compartment that will prevent excessive spillage of coffee in the interior of the unit. (3) Metal protective devices shall be installed on the glass liquid level sight gauges on all coffee urns. (c) Light bulbs and tubes shall be covered with a completely enclosed plastic safety shield or its equivalent, and installed so as to not constitute a hazard to personnel or food. (d) All liquefied petroleum equipment shall be installed to meet applicable fire authority standards, and this installation shall be approved by the fire authority. However, for units subject to Part 2 (commencing with Section 18000) of Division 13, this equipment and its installation shall comply with standards prescribed by Sections 18028 and 18029.5. (e) A properly charged and maintained minimum 10 BC-rated fire extinguisher to combat grease fires shall be properly mounted and readily accessible on the interior of any mobile food facility that is equipped with heating elements or cooking equipment. (f) (1) Except for units subject to Part 2 (commencing with Section 18000) of Division 13, a second means of exit shall be provided in the side opposite the main exit door, or in the roof, or the rear of the unit, with an unobstructed passage of at least 24 inches by 36 inches. The interior latching mechanism shall be operable by hand without special tools or key. The exit shall be labeled “Safety Exit” in contrasting colors with letters at least one inch high. (2) For units subject to Part 2 (commencing with Section 18000) of Division 13, the size, latching, and labeling of the second means of exit shall comply with standards prescribed by Sections 18028 and 18029.5. (g) All gas-fired appliances shall be properly insulated in a manner that will prevent excessive heat buildup and injury. (Amended by Stats. 2007, Ch. 96, Sec. 51. Effective July 20, 2007.)
  50. 114325.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile food facilities must have specified water heaters, with different minimum sizes and temperatures depending on 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 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114325. (a) Except on a mobile food facility that only utilizes the water for handwashing purposes, a water heater or an instantaneous heater capable of heating water to a minimum of 120ºF, interconnected with a potable water supply, shall be provided and shall operate independently of the vehicle engine. On a mobile food facility that only utilizes the water for handwashing purposes, a minimum one-half gallon-capacity water heater or an instantaneous water heater capable of heating water to a minimum of 100°F, interconnected with a potable water supply, shall be provided and shall operate independently of the vehicle engine. (b) A water heater with a minimum capacity of four gallons shall be provided for mobile food facilities that have a warewashing sink. (c) A mobile food facility equipped with a three-gallon-capacity water heater that is in compliance with this section on January 1, 2014, is in compliance with this section after that date. (Amended by Stats. 2013, Ch. 556, Sec. 19. (AB 1252) Effective January 1, 2014.)
  51. 114326.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Commissaries and other approved facilities serving mobile support units, mobile food facilities, and vending machines must meet listed sanitation and service 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 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114326. All commissaries and other approved facilities servicing mobile support units, mobile food facilities, and vending machines shall meet the applicable requirements in this part and any of the following to accommodate all operations necessary to support mobile support units, mobile food facilities, and vending machines: (a) Adequate facilities shall be provided for the sanitary disposal of liquid waste from the mobile food facility or mobile support unit being serviced. (b) Adequate facilities shall be provided for the handling and disposal of garbage and refuse originating from a mobile food facility or mobile support unit. (c) Potable water shall be available for filling the water tanks of each mobile food facility and mobile support unit that requires potable water. Faucets and other potable water sources shall be constructed, located, and maintained so as to minimize the possibility of contaminating the water being loaded. (d) Hot and cold water, under pressure, shall be available for cleaning mobile food facilities and mobile support units. (e) Adequate facilities shall be provided for the storage of food, utensils, and other supplies. (f) Notwithstanding Section 113984, commissaries that service mobile food facilities that conduct limited food preparation shall provide a food preparation area. (g) Servicing areas at commissaries shall be provided with overhead protection, except that areas used only for the loading of water or the discharge of sewage and other liquid waste through the use of a closed system of hoses need not be provided with overhead protection. (h) Servicing areas used for cleaning shall be sloped and drained to an approved wastewater system. (i) Adequate electrical outlets shall be provided for mobile food facilities and mobile support units that require electrical service. (Amended by Stats. 2007, Ch. 96, Sec. 53. Effective July 20, 2007.)
  52. 114327.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Mobile support units must undergo plan review, meet all applicable requirements, and cannot be approved for warewashing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10. Mobile Food Facilities [114294 - 114327] ( Chapter 10 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114327. (a) Mobile support units shall be subject to plan review and be approved by the enforcement agency. Requirements shall be based on proposed method of operation and number of mobile food facilities serviced. (b) Mobile support units shall meet all applicable requirements of this part and the following: (1) Interior floor, sides, and top shall be free of cracks, seams, or linings where vermin may harbor, and shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning with approved sanitizing agents. (2) Be constructed and operated so that no liquid wastes can drain onto any street, sidewalk, or premises. (3) If used to transport potentially hazardous food, approved equipment to maintain food at the required temperatures shall be provided. (4) Food, utensils, and supplies shall be protected from contamination. (5) A separate storage area shall be provided for all poisonous substances, detergents, bleaches, cleaning compounds, and all other injurious or poisonous materials. (c) Mobile support units shall not be approved for warewashing. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  53. 114328.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10.1. Catering Operations and Host Facilities [114328 - 114328.1] ( Chapter 10.1 added by Stats. 2018, Ch. 493, Sec. 9. )

    Verify source ↗

    A catering operation must follow the listed food-safety and operating rules for offsite catering, including facility, transport, records, handwashing, and disposal 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 10.1. Catering Operations and Host Facilities [114328 - 114328.1] ( Chapter 10.1 added by Stats. 2018, Ch. 493, Sec. 9. ) ## 114328. (a) A catering operation shall meet the applicable requirements in Chapters 1 (commencing with Section 113700) to 8 (commencing with Section 114250), inclusive, and Chapter 13 (commencing with Section 114380), unless specifically exempted from any of those provisions. For purposes of this chapter, a catering operation refers to a permanent food facility approved for offsite food service activities. (b) A catering operation shall operate from a permitted food facility that is capable of supporting the proposed food service activity to be conducted, and the type of food that is to be prepared offsite or served. (c) Prior to conducting catering operations, the catering operation shall submit to the enforcement agency written standard operating procedures that include all of the following information: (1) The manner in which food will be transported to and from the permanent food facility and the offsite food service location or host facility and procedures to prevent contamination of the food. (2) The type of food that is to be prepared or served, and the extent of limited food preparation, as defined in Section 113818, that is to be conducted at an offsite food service event. (3) The manner in which potentially hazardous food will be maintained in accordance with Section 113996. (4) Procedures, methods, and schedules for cleaning utensils, equipment, and structures, and for the disposal of refuse. (5) The manner in which hands will be washed to ensure compliance with Section 113953. (d) Food shall be transported in a vehicle that meets the requirements of Section 113982. (e) A catering operation may conduct limited food preparation, as defined in Section 113818, at an offsite location when approved by the enforcement agency. (f) All food, prior to offsite food service, shall be stored and prepared at the permanent food facility. (g) While operating offsite, the catering operation shall provide the name of the facility, city, state, ZIP Code, and the name of the operator to any consumer or enforcement agency upon request. (h) A catering operation shall maintain records for all offsite food service activities for 90 days after each event. The catering operation shall provide those records to the enforcement agency upon request and shall include all of the following information: (1) Location, date, and time of offsite food service activity. (2) Customer name and contact information, including address, email address, and phone number. (3) Whether food was delivered to a customer or served to a guest at a catered function or host facility. (4) Departure and arrival food temperature logs for transportation, and corrective action taken if the food arrived out of temperature. (5) Complete menu of food provided. (i) A catering operation shall ensure that it has access to potable water at any offsite function, or shall bring an adequate supply of potable water with it to that function. (j) For offsite food service where a catering operation is serving the food, the person in charge on behalf of the catering operation shall ensure that basic food safety is maintained at all times, including, but not limited to, all of the following: (1) Protecting the food from contamination during service. (2) Providing overhead protection over all food handling areas. (3) Providing utensils for individual use and eliminating the use of community dipping containers where consumers could dip a utensil or a food item they have already placed in their mouth. (4) Preventing consumers’ used plates or utensils from returning to the self-service display. (5) Replacing utensils that become contaminated with clean and sanitized utensils. (6) Ensuring open or potentially hazardous foods not consumed or sold by the catering operation are discarded, unless the food was held at required temperatures and protected from contamination at all times. (7) Discarding any food that has become contaminated or is suspected of becoming contaminated, or that is presumed unsafe because temperatures were not maintained as required by Section 113996. (k) Utensils used to serve food shall meet all of the following conditions: (1) Meet the requirements of Chapter 6 (commencing with Section 114130). (2) Be stored in the food with the handle extended out of the food, on a clean surface, or in a clean container. (3) Be replaced every four hours or sooner if observed to be mishandled by the guest, dropped, or otherwise contaminated during the serving process. (l) Notwithstanding Section 113953, adequate handwashing facilities shall be provided at the offsite food service event. (m) Approved toilet and handwashing facilities shall be available within 200 feet of the offsite food service operation or as approved by the enforcement agency. (n) All garbage and refuse generated during offsite food service activities and cleanup operations shall be disposed of in a manner approved by the enforcement agency. (o) All liquid waste shall be disposed of through the approved plumbing system in a manner approved by the enforcement agency. (p) A catering operation shall not store any food, beverages, equipment, utensils, or food items in a private home when not conducting offsite catering activities. (q) The enforcement agency may establish additional structural or operational requirements, or both, based on the proposed facility method of operation and as necessary to ensure compliance with the requirements of this chapter. (Added by Stats. 2018, Ch. 493, Sec. 9. (AB 2524) Effective January 1, 2019.)
  54. 114328.1.

    ## 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 10.1. Catering Operations and Host Facilities [114328 - 114328.1] ( Chapter 10.1 added by Stats. 2018, Ch. 493, Sec. 9. )

    Verify source ↗

    A host facility must meet specified food-safety requirements, obtain a permit, submit a permit application, and follow sanitation and spacing rules when supporting a catering 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 10.1. Catering Operations and Host Facilities [114328 - 114328.1] ( Chapter 10.1 added by Stats. 2018, Ch. 493, Sec. 9. ) ## 114328.1. (a) A host facility shall meet the applicable requirements in Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with Section 113728), all general food safety requirements described in Chapter 4 (commencing with Section 113980), Chapter 6 (commencing with Section 114130), and Sections 114049, 114250, 114266, 114381, 114387, 114390, 114393, 114395, 114397, 114399, 114405, 114407, 114409, 114411, and 114413. (b) In addition to any permit required of a permanent food facility or a catering operation, a permit shall be obtained by the person responsible for operating the host facility. (c) A permit application shall be submitted to the enforcement agency pursuant to Article 1 (commencing with Section 114380) of Chapter 13. The plan review process shall include all of the following: (1) Submission of a site plan that indicates the location of the food service operation, handwashing sinks and restrooms, refuse containers, and waste water disposal facilities. (2) Specifications of equipment that will be provided by the host facility to support the catering operation. (3) Standard operating procedures that include all of the following information: (A) Procedures, methods, and schedules for cleaning equipment and structures, and for the disposal of refuse. (B) How potentially hazardous food will be maintained in accordance with Section 113996. (4) A list of catering operations that will be supported by the host facility with proposed menus. (5) The enforcement agency may establish additional structural or operational requirements, or both, based on the proposed facility method of operation to ensure the sanitary operation of a host facility. (d) A host facility may support a catering operation for up to four hours in any one 12-hour period, unless otherwise approved by the enforcement agency. (e) All food, soiled utensils, equipment, tableware, and linen shall be returned to the catering operation for cleaning, sanitizing, and storage. (f) Approved toilet and handwashing facilities shall be available within 200 feet in travel distance of the food service operation. (g) All garbage and refuse shall be stored and disposed of in a manner approved by the enforcement agency. (Added by Stats. 2018, Ch. 493, Sec. 9. (AB 2524) Effective January 1, 2019.)
  55. 114332.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. )

    Verify source ↗

    This section says the article sets sanitation requirements for 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 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. ) ## 114332. This article governs sanitation requirements for nonprofit charitable temporary food facilities. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  56. 114332.1.

    ## 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 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. )

    Verify source ↗

    Nonprofit charitable temporary food facilities may operate up to four times a year, and each operating period may last no more than 72 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 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. ) ## 114332.1. Nonprofit charitable temporary food facilities may operate up to four times annually. These four time periods shall not exceed 72 hours each. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  57. 114332.2.

    ## 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 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. )

    Verify source ↗

    Nonprofit charitable temporary food facilities must provide approved handwashing and warewashing facilities, with a limited local substitute option for short events, and must meet toilet, waste-disposal, and food-contact-surface 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 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. ) ## 114332.2. (a) Except where all food and beverage is prepackaged, handwashing and warewashing facilities approved by the enforcement officer shall be provided for nonprofit charitable temporary food facilities. Each nonprofit charitable temporary food facility shall be equipped with a handwashing facility. Based on local environmental conditions, location, and similar factors, the local enforcement agency may, in lieu of warewashing facilities, allow a nonprofit charitable temporary food facility operating no more than four hours per day at a single event to provide an adequate supply of utensils and spare utensils when they have been properly washed and sanitized at an approved food facility and are stored and kept free of becoming soiled or contaminated. (b) Facilities for the sanitary disposal of all liquid waste shall be subject to the approval of the enforcement officer. (c) At least one toilet facility for each 15 employees shall be provided within 60 meters (200 feet) of each nonprofit charitable temporary food facility. (d) Food contact surfaces shall be smooth, easily cleanable, and nonabsorbent. (Amended by Stats. 2013, Ch. 556, Sec. 20. (AB 1252) Effective January 1, 2014.)
  58. 114332.3.

    ## 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 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. )

    Verify source ↗

    This section sets food safety and sanitation rules for nonprofit charitable temporary food facilities, including handling, temperature control, storage, animal restrictions, and smoking bans.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. ) ## 114332.3. (a) No potentially hazardous food or beverage stored or prepared in a private home may be offered for sale, sold, or given away from a nonprofit charitable temporary food facility. Potentially hazardous food shall be prepared in a food establishment or on the premises of a nonprofit charitable temporary food facility. (b) All food and beverages shall be protected at all times from unnecessary handling and shall be stored, displayed, and served so as to be protected from contamination. (c) Potentially hazardous food and beverages shall be maintained at or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above 57.2 degrees Celsius (135 degrees Fahrenheit) at all times. (d) Ice used in beverages shall be protected from contamination and shall be maintained separate from ice used for refrigeration purposes. (e) All food and food containers shall be stored off the floor on shelving or pallets located within the facility. (f) Smoking a tobacco product is prohibited in nonprofit charitable temporary food facilities. (g) (1) Except as provided in paragraph (2), live animals, birds, or fowl shall not be kept or allowed in nonprofit charitable temporary food facilities. (2) Paragraph (1) does not prohibit the presence, in any room where food is served to the public, guests, or patrons, of a guide dog, signal dog, or service dog, as defined by Section 54.1 of the Civil Code, accompanied by a totally or partially blind person, deaf person, person whose hearing is impaired, or handicapped person, or dogs accompanied by persons licensed to train guide dogs for the blind pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code. (3) Paragraph (1) does not apply to dogs under the control of uniformed law enforcement officers or of uniformed employees of private patrol operators and operators of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while these employees are acting within the course and scope of their employment as private patrol persons. (4) The persons and operators described in paragraphs (2) and (3) are liable for any damage done to the premises or facilities by the dog. (5) The dogs described in paragraphs (2) and (3) shall be excluded from food preparation and utensil wash areas. Aquariums and aviaries shall be allowed if enclosed so as not to create a public health problem. (h) All garbage shall be disposed of in a sanitary manner. (i) Employees preparing or handling food shall wear clean clothing and shall keep their hands clean at all times. (j) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (k) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 16. (SB 5 2x) Effective June 9, 2016.)
  59. 114332.4.

    ## 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 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. )

    Verify source ↗

    The enforcement officer may set additional structural or operational requirements when needed to ensure food is safe and sanitary.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. ) ## 114332.4. The enforcement officer may establish additional structural or operational requirements as necessary to ensure that food is of a safe and sanitary quality. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  60. 114332.5.

    ## 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 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. )

    Verify source ↗

    Open-air barbecue facilities may be operated next to nonprofit charitable temporary food facilities, but they must follow Article 9 requirements starting with Section 114185.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. ) ## 114332.5. Open-air barbecue facilities may be operated adjacent to nonprofit charitable temporary food facilities, and shall be subject to the requirements of Article 9 (commencing with Section 114185). (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  61. 114332.7.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. )

    Verify source ↗

    A local enforcement agency may inspect or require permits for nonprofit charitable temporary food facilities to ensure compliance with this chapter’s food safety 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 10.5. Nonprofit Charitable Temporary Food Facilities [114332 - 114332.7] ( Chapter 10.5 heading added by Stats. 2009, Ch. 571, Sec. 59. ) ## 114332.7. Nothing in this article shall prevent a local enforcement agency from performing inspections of, or requiring permits for, any nonprofit charitable temporary food facility to ensure compliance with food safety provisions contained in this chapter. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  62. 114333.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10.6. Limited Service Charitable Feeding Operation [114333 - 114333.2] ( Chapter 10.6 added by Stats. 2018, Ch. 489, Sec. 3. )

    Verify source ↗

    A limited service charitable feeding operation generally must register with the local enforcement agency before providing food service, submit required information, and follow local approval, best-practice, and duration limits. Some operations are exempt, and food banks have related compliance and reporting 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 10.6. Limited Service Charitable Feeding Operation [114333 - 114333.2] ( Chapter 10.6 added by Stats. 2018, Ch. 489, Sec. 3. ) ## 114333. (a) (1) Except as specified in subdivision (b), a limited service charitable feeding operation shall not provide food service unless it has registered with the local enforcement agency in a manner prescribed by that agency, including, but not limited to, payment of a fee not to exceed the reasonable costs of administering and enforcing this chapter if that fee is imposed by the agency. (2) A limited service charitable feeding operation that is subject to registration shall submit to the local enforcement agency all of the following information: (A) The name, physical address, Internet Web site, and telephone number of the nonprofit charitable organization conducting the limited service charitable feeding operation. (B) The name and contact information of a site representative of the limited service charitable feeding operation. (C) The operating days and hours of the limited service charitable feeding operation. (b) (1) (A) A limited service charitable feeding operation that performs the function described in paragraph (1) of, and does not perform the functions described in paragraphs (2) to (4), inclusive, of, subdivision (a) of Section 113819, shall be exempt from the requirements described in subdivision (a) regardless of whether it operates in conjunction with a food bank as described in subparagraph (B). (B) A limited service charitable feeding operation that performs the function described in paragraph (4) of, and does not perform the functions described in paragraphs (2) and (3) of, subdivision (a) of Section 113819, and that operates in conjunction with a food bank that has a valid operating permit issued by the local enforcement agency or the State Department of Public Health shall be exempt from the requirements described in subdivision (a). (C) A limited service charitable feeding operation that performs the function described in paragraph (2) or (3) of subdivision (a) of Section 113819, or the function described in paragraph (4) of subdivision (a) of Section 113819 without operating in conjunction with a food bank as described in subparagraph (B), shall be subject to the requirements described in subdivision (a). (2) (A) For purposes of subparagraph (B) of paragraph (1), the food bank shall ensure that the limited service charitable feeding operation is operating under a current agreement with the food bank and is compliant with the food bank’s best management practices approved by the local enforcement agency. (B) On at least an annual basis, or more frequently if requested by the local enforcement agency, the food bank shall submit to the local enforcement agency a current list of the limited service charitable feeding operations that operate in conjunction with that food bank. (c) Notwithstanding any other law, a limited service charitable feeding operation shall be exempt from the requirements of this part, except as set forth in this chapter. (d) A limited service charitable feeding operation shall comply with all of the following: (1) Chapter 1 (commencing with Section 113700). (2) Chapter 2 (commencing with Section 113728). (3) Sections 113952, 113953.1, 113953.2, 113953.3, 113980, 113982, 113984, 113988, 113990, 113992, 113996, 113998, 114000, 114002, 114002.1, 114014, 114016, 114018, 114020, 114021, 114023, 114024, 114025, 114027, 114031, 114035, 114037, 114041, 114047, 114049, 114051, 114053, 114055, and 114079. (4) Article 2 (commencing with Section 114390) and Article 3 (commencing with Section 114405) of Chapter 13. A registration issued pursuant to this chapter shall have the same meaning as provided in subdivision (b) of Section 113851. (5) Best management practices approved by the local enforcement agency. (6) Limitations on the duration of food service, as determined by the local enforcement agency based on the requirements set forth in paragraphs (1) to (5), inclusive. (e) A limited service charitable feeding operation may prepare and distribute food from a nonresidential building or structure that meets minimum structural and operating requirements as determined by the local enforcement agency. (f) A limited service charitable feeding operation may distribute food in an outdoor location, not in or adjacent to the registered location, in compliance with the approved best management practices and subject to approval by the local enforcement agency. Food service under this subdivision shall be limited to no more than four hours per day. (Added by Stats. 2018, Ch. 489, Sec. 3. (AB 2178) Effective January 1, 2019.)
  63. 114333.1.

    ## 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 10.6. Limited Service Charitable Feeding Operation [114333 - 114333.2] ( Chapter 10.6 added by Stats. 2018, Ch. 489, Sec. 3. )

    Verify source ↗

    This section says the chapter does not replace or override any food facility permit required by a local enforcement agency under other law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 10.6. Limited Service Charitable Feeding Operation [114333 - 114333.2] ( Chapter 10.6 added by Stats. 2018, Ch. 489, Sec. 3. ) ## 114333.1. Nothing in this chapter is intended to replace or supersede a permit for any food facility when required by the local enforcement agency pursuant to any other law. (Added by Stats. 2018, Ch. 489, Sec. 3. (AB 2178) Effective January 1, 2019.)
  64. 114333.2.

    ## 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 10.6. Limited Service Charitable Feeding Operation [114333 - 114333.2] ( Chapter 10.6 added by Stats. 2018, Ch. 489, Sec. 3. )

    Verify source ↗

    The local enforcement agency may recover reasonable regulatory costs from a limited service charitable feeding 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 10.6. Limited Service Charitable Feeding Operation [114333 - 114333.2] ( Chapter 10.6 added by Stats. 2018, Ch. 489, Sec. 3. ) ## 114333.2. The local enforcement agency may recover the reasonable regulatory costs of the administration, implementation, investigation, and enforcement of this chapter from a limited service charitable feeding operation. (Added by Stats. 2018, Ch. 489, Sec. 3. (AB 2178) Effective January 1, 2019.)
  65. 114335.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Temporary food facilities at swap meets must limit sales to prepackaged nonpotentially hazardous food and whole uncut produce and meet the listed code requirements unless exempt; community-event facilities must also meet those requirements, and the enforcement agency may allow swap-meet facilities based on event and food-service factors.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114335. (a) Temporary food facilities that operate at a swap meet are limited to only prepackaged nonpotentially hazardous food and whole uncut produce, and shall meet the applicable requirements in Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing with Section 114250), inclusive, and Chapter 13 (commencing with Section 114380), unless specifically exempted from any of these provisions. (b) Temporary food facilities that operate at a community event shall meet the applicable requirements in Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing with Section 114250), inclusive, and Chapter 13 (commencing with Section 114380), unless specifically exempted from any of these provisions. (c) Food facility requirements shall be determined by the enforcement agency based on the food service activity to be conducted, the type of food that is to be prepared or served, the length of the event, and the extent of food preparation that is to be conducted at a community event within a temporary food facility. (d) Notwithstanding subdivision (a), the enforcement agency may allow temporary food facilities at a swap meet, depending on the food service activity to be conducted, the type of food that is to be prepared or served, the duration of the swap meet, and the extent of food preparation that is to be conducted at the swap meet. (Amended by Stats. 2018, Ch. 493, Sec. 10. (AB 2524) Effective January 1, 2019.)
  66. 114337.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A temporary food facility’s name, city, state, ZIP Code, and operator name must be legible and clearly visible to patrons.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114337. The name of the facility, city, state, ZIP Code, and name of the operator shall be legible and clearly visible to patrons. The facility name shall be in letters at least three inches high, and shall be of a color contrasting with the surface on which it is posted. Letters and numbers for the city, state, and ZIP Code, may not be less than one inch in height. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  67. 114339.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Home canned or home processed foods are not allowed in a temporary food facility; a narrow exception allows certain beverages and baked goods to be offered by eligible nonprofit or school-authorized groups at community fundraising events.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114339. (a) No home canned or home processed foods shall be permitted within a temporary food facility. (b) Notwithstanding subdivision (a), nonpotentially hazardous beverages and baked goods may be offered for sale, sold, or given away by a nonprofit charitable organization or by an established club or organization that operates under the authorization of a school or educational facility for fundraising purposes at community events. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  68. 114341.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    At a community event, food preparation must occur in the temporary food facility or another approved 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 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114341. (a) Notwithstanding Section 113984, all food preparation at a community event shall be conducted within the temporary food facility or other approved food facility. (b) Barbecues, grills or other equipment approved for outdoor cooking may be located adjacent to the temporary food facility if local building and fire codes prohibit cooking inside the temporary food facility. (c) Grills and barbecues or other approved cooking equipment shall be separated from public access by using ropes or other approved methods to prevent contamination of the food and injury to the public. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  69. 114343.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Temporary food facilities may keep potentially hazardous food at 45°F or below for limited time during operating hours, and certain food held at 45°F or at or above 135°F must be destroyed at the end of the operating day.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114343. (a) Except as otherwise provided in Section 113996, during operating hours of the temporary food facility, potentially hazardous food may be held at a temperature not to exceed 45°F for up to 12 hours in any 24-hour period. (b) At the end of the operating day, potentially hazardous food that is held at 45°F shall be destroyed in a manner approved by the enforcement agency. (c) At the end of the operating day, potentially hazardous food that is held at or above 135°F shall be destroyed in a manner approved by the enforcement officer. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  70. 114345.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Temporary food facilities may include a staffed counter serving hot and cold beverages and ice that are not potentially hazardous food, if dispensed from approved bulk dispensing units.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114345. Temporary food facilities may include a staffed counter that serves hot and cold beverages and ice that are not potentially hazardous food and that are dispensed from approved bulk dispensing units. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  71. 114347.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Temporary food facilities that handle nonprepackaged food must provide floors made of concrete, asphalt, tight wood, or another similar cleanable material, and keep them in good repair.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114347. Temporary food facilities that handle nonprepackaged food shall provide floors constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  72. 114349.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Temporary food facilities must have overhead protection over food preparation, storage, and warewashing areas, and facilities handling nonprepackaged food must use one of the listed contamination 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 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114349. (a) Temporary food facilities shall be equipped with overhead protection for all food preparation, food storage, and warewashing areas. Overhead protection shall be made of wood, canvas, or other materials that protect the facility from precipitation, dust, bird and insect droppings, and other contaminants. (b) Temporary food facilities that handle nonprepackaged food shall also protect food from contamination in one of the following ways: (1) Enclosure of the food facility with 16 mesh per square inch screens. (2) Limiting display and handling of nonprepackaged food in food compartments. (3) Other alternative, effective means approved by the enforcement officer. (c) Notwithstanding Section 113984, this section does not apply to temporary food facilities that are approved for limited food preparation if flying insects, vermin, birds, and other pests are absent due to the location of the facility or other limiting conditions. (Amended by Stats. 2014, Ch. 907, Sec. 1. (AB 2539) Effective January 1, 2015.)
  73. 114351.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A temporary food facility may share a warewashing sink only within the limits set here, and the local enforcement agency may approve larger sharing or a utensil-only alternative if the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114351. (a) Notwithstanding Section 114095, a warewashing sink may be shared by no more than four temporary food facilities that handle nonprepackaged food if the sink is centrally located and is adjacent to the sharing facilities. (b) Notwithstanding subdivision (a), based on the number and types of utensils used, the local enforcement agency may allow up to eight temporary food facilities to share a warewashing sink when easily accessible and located within 100 feet of each temporary food facility. (c) Based on local environmental conditions, location, and similar factors, the local enforcement agency may, in lieu of a warewashing sink, allow a temporary food facility operating no more than four hours per day at a single event to provide an adequate supply of utensils and spare utensils when they have been properly washed and sanitized at an approved food facility and are stored and kept free of becoming soiled or contaminated. (Amended by Stats. 2013, Ch. 556, Sec. 22. (AB 1252) Effective January 1, 2014.)
  74. 114353.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A temporary food facility must provide only single-use articles, unless the local enforcement agency allows use of properly washed, rinsed, and sanitized multiuse utensils under specified local 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 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114353. (a) Except as provided in subdivision (b), a temporary food facility shall provide only single-use articles for use by the consumer. (b) Notwithstanding subdivision (a), based on local environmental conditions, location, and similar factors, including the type and number of utensils, as defined in Section 113934, the volume and storage of potable water for warewashing, as defined in Section 113940, and waste water capacity, storage, and disposal, the local enforcement agency may allow a temporary food facility to use multiuse utensils that have been properly washed, rinsed, and sanitized pursuant to Chapter 5 (commencing with Section 114095), as applicable, at an approved food facility and are kept free of becoming soiled or contaminated. (Amended by Stats. 2021, Ch. 155, Sec. 8. (AB 831) Effective January 1, 2022.)
  75. 114354.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Equipment used with a temporary food facility must be approved by the enforcement agency, and holding equipment must support proper temperature control and prevent food contamination.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114354. (a) Food-related and utensil-related equipment used in conjunction with a temporary food facility shall be approved by the enforcement agency. (b) Cold and hot holding equipment shall be provided to insure proper temperature control during transportation, storage, and operation of the temporary food facility. (c) Equipment shall be located and installed to prevent food contamination. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  76. 114355.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Ice used for refrigeration must not be used in food or beverages for consumption.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114355. Ice used for refrigeration purposes shall not be used for consumption in food or beverages. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  77. 114356.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Temporary food facility supplies and nonpotentially hazardous food may be stored in approved places during operation, and food must be kept in enclosed or approved storage during periods when the facility is not operating.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114356. (a) Notwithstanding Section 114047, during periods of operation, supplies and nonpotentially hazardous food, in unopened containers may be stored adjacent to the temporary food facility or in unopened containers in an approved nearby temporary storage unit. An “unopened container” means a factory sealed container that has not been previously opened and that is suitably constructed to be resistant to contamination from moisture, dust, insects, and rodents. (b) During periods of inoperation, food shall be stored within a fully enclosed temporary food facility, within a permanent food facility or other facility approved by the enforcement agency, or in approved food compartments where the food is protected at all times from contamination, exposure to the elements, ingress of rodents and other vermin, and temperature abuse. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  78. 114358.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Temporary food facilities have to provide and maintain handwashing and wastewater-related equipment, with a limited exception for some prepackaged-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 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114358. (a) Notwithstanding Section 113953, handwashing facilities for temporary food facilities that operate for three days or less may include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow vigorous rubbing with soap and warm water for 10 to 15 seconds, inclusive. (b) Temporary food facilities that handle only prepackaged food and comply with Section 113952 shall not be required to provide a handwashing facility, except as required in Section 114359. (c) A catch basin shall be provided to collect wastewater, and the wastewater shall be properly disposed of according to Section 114197. (d) Handwashing facilities shall be equipped with handwashing cleanser and single-use sanitary towels. (e) A separate receptacle shall be available for towel waste. (Amended by Stats. 2009, Ch. 571, Sec. 60. (SB 241) Effective October 11, 2009.)
  79. 114359.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Temporary food facilities must have toilet facilities nearby, and each toilet facility must have approved handwashing 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 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114359. (a) At least one toilet facility for each 15 employees shall be provided within 200 feet of each temporary food facility. (b) Each toilet facility shall be provided with approved handwashing facilities. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  80. 114361.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Temporary food facilities that operate for more than one day must be cleaned and serviced using methods approved by the enforcement agency.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114361. Temporary food facilities that operate for more than one day shall be cleaned and serviced by methods approved by the enforcement agency. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  81. 114363.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The enforcement officer may require extra structural or operational measures for temporary food facilities when local conditions make them necessary for safe, sanitary 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 11. Temporary Food Facilities [114335 - 114363] ( Chapter 11 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114363. Based upon local environmental conditions, location, and other similar factors, the enforcement officer may establish additional structural or operational requirements, or both, as necessary to ensure that foods are of a safe and sanitary quality. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  82. 114365.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.5. Cottage Food Operations [114365 - 114365.6] ( Chapter 11.5 added by Stats. 2012, Ch. 415, Sec. 13. )

    Verify source ↗

    Cottage food operations must register or get a permit before opening, follow kitchen and handling rules, and keep the registration or permit onsite and renewed annually.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.5. Cottage Food Operations [114365 - 114365.6] ( Chapter 11.5 added by Stats. 2012, Ch. 415, Sec. 13. ) ## 114365. (a) (1) (A) A “Class A” cottage food operation shall not be open for business unless it is registered with the local enforcement agency and has submitted a completed, self-certification checklist approved by the local enforcement agency. The self-certification checklist shall verify that the cottage food operation conforms to this chapter, including the following requirements: (i) No cottage food preparation, packaging, or handling may occur in the home kitchen concurrent with any other domestic activities, such as family meal preparation, dishwashing, clothes washing or ironing, kitchen cleaning, or guest entertainment. (ii) No infants, small children, or pets may be in the home kitchen during the preparation, packaging, or handling of cottage food products. (iii) Kitchen equipment and utensils used to produce cottage food products shall be clean and maintained in a good state of repair. (iv) All food contact surfaces, equipment, and utensils used for the preparation, packaging, or handling of cottage food products shall be washed, rinsed, and sanitized before each use. (v) All food preparation and food and equipment storage areas shall be maintained free of rodents and insects. (vi) Smoking shall be prohibited in the portion of a private home used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, while cottage food products are being prepared, packaged, stored, or handled. (B) (i) The department shall post the requirements described in subparagraph (A) on its internet website. (ii) The local enforcement agency shall issue a registration number to a “Class A” cottage food operation that meets the requirements of subparagraph (A). (C) (i) Except as provided in clause (ii), a “Class A” cottage food operation shall not be subject to initial or routine inspections. (ii) For purposes of determining compliance with this chapter, a representative of a local enforcement agency may access, for inspection purposes, the registered area of a private home where a cottage food operation is located only if the representative has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation or that the cottage food operation has violated this chapter. (iii) Access under this subparagraph is limited to the registered area and solely for the purpose of enforcing or administering this chapter. (iv) A local enforcement agency may seek recovery from a “Class A” cottage food operation of an amount that does not exceed the local enforcement agency’s reasonable costs of inspecting the “Class A” cottage food operation for compliance with this chapter, if the “Class A” cottage food operation is found to be in violation of this chapter. (D) A “Class A” cottage food operation shall be authorized to engage in the direct sales of cottage food products throughout the state. (2) (A) A “Class B” cottage food operation shall not be open for business unless it obtains a permit from the local enforcement agency in a manner approved by the local enforcement agency to engage in the direct and indirect sale of cottage food products. (B) (i) A “Class B” cottage food operation shall comply with the requirements described in clauses (i) to (vi), inclusive, of subparagraph (A) of paragraph (1) in addition to the other requirements of this chapter. (ii) The local enforcement agency shall issue a permit number after an initial inspection has determined that the proposed “Class B” cottage food operation and its method of operation conform to this chapter. (C) (i) Except as provided in clause (ii), a “Class B” cottage food operation shall not be subject to more than one inspection per year by the local enforcement agency. (ii) For purposes of determining compliance with this chapter, a representative of a local enforcement agency, for inspection purposes, may access the permitted area of a private home where a cottage food operation is located only if the representative has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation, or that the cottage food operation has violated this chapter. (iii) Access under this subparagraph is limited to the permitted area and solely for the purpose of enforcing or administering this chapter. (D) A “Class B” cottage food operation shall be authorized to engage in the direct and indirect sales of cottage food products throughout the state. (b) (1) A registration or permit, once issued, is nontransferable. A registration or permit shall be valid only for the person, location, type of food sales, and distribution activity specified by that registration or permit, and, unless suspended or revoked for cause, for the time period indicated. (2) The registration or permit or an accurate copy thereof shall be retained by the operator onsite at the time of either direct or indirect cottage food sale. (3) A registration or permit shall be renewed annually. (4) A registration or permit from one county shall be sufficient for a cottage food operation to operate throughout the state. (Amended by Stats. 2021, Ch. 178, Sec. 2. (AB 1144) Effective January 1, 2022.)
  83. 114365.2.

    ## 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 11.5. Cottage Food Operations [114365 - 114365.6] ( Chapter 11.5 added by Stats. 2012, Ch. 415, Sec. 13. )

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    Cottage food operations with a registration or permit must follow added safety, hygiene, training, labeling, and advertising 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 11.5. Cottage Food Operations [114365 - 114365.6] ( Chapter 11.5 added by Stats. 2012, Ch. 415, Sec. 13. ) ## 114365.2. A cottage food operation that is registered or has a permit issued pursuant to Section 114365 shall be considered a restricted food service facility for purposes of, and subject to, Sections 113953.3, 114259.5, 114285, and 114286. A cottage food operation that is registered or has a permit also shall be subject to Sections 113967, 113973, 113980, 114259.5, 114405, 114407, 114409, 114411, and 114413, and to all of the following requirements: (a) A person with a contagious illness shall refrain from work in the registered or permitted area of the cottage food operation. (b) A person involved in the preparation or packaging of cottage food products shall keep their hands and exposed portions of their arms clean and shall wash their hands before any food preparation or packaging activity in a cottage food operation. (c) Water used during the preparation of cottage food products shall meet the potable drinking water standards described in Section 113869, or in accordance with the local regulatory authority. A cottage food operation shall not be required to have an indirect sewer connection. Water used during the preparation of cottage food products includes all of the following: (1) The washing, sanitizing, and drying of any equipment used in the preparation of a cottage food product. (2) The washing, sanitizing, and drying of hands and arms. (3) Water used as an ingredient. (d) A person who prepares or packages cottage food products shall complete a food processor course approved by the department and posted on the department’s internet website to protect the public health within three months of becoming registered and every three years during operation. The course shall not exceed four hours in length. The department shall work with the local enforcement agency to ensure that cottage food operators are properly notified of the location, date, and time of the classes offered. (e) A cottage food operation shall properly label all cottage food products in compliance with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343 et seq.). Additionally, to the extent permitted by federal law, the label shall include, but is not limited to, all of the following: (1) The words “Made in a Home Kitchen” or “Repackaged in a Home Kitchen,” as applicable, with a description of any purchased whole ready-to-eat product not used as an ingredient in 12-point type on the cottage food product’s primary display panel. (2) The name commonly used for the food product or an adequately descriptive name. (3) The name of the cottage food operation which produced the cottage food product. (4) The registration or permit number of the “Class A” or “Class B” cottage food operation, respectively, which produced the cottage food product and the name of the county of the local enforcement agency that issued the permit or registration number. (5) The ingredients of the cottage food product, in descending order of predominance by weight, if the product contains two or more ingredients. (f) A cottage food operation that advertises to the public, including through an internet website, social media platform, newspaper, newsletter, or other public announcement, shall indicate the following on the advertisement: (1) The county of approval. (2) The permit or registration number. (3) A statement that the food prepared is “Made in a Home Kitchen” or “Repackaged in a Home Kitchen,” as applicable. (Amended by Stats. 2021, Ch. 155, Sec. 9. (AB 831) Effective January 1, 2022.)
  84. 114365.5.

    ## 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 11.5. Cottage Food Operations [114365 - 114365.6] ( Chapter 11.5 added by Stats. 2012, Ch. 415, Sec. 13. )

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    The department must publish an approved list of nonpotentially hazardous foods for cottage food operations, and the State Public Health Officer may update that list.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.5. Cottage Food Operations [114365 - 114365.6] ( Chapter 11.5 added by Stats. 2012, Ch. 415, Sec. 13. ) ## 114365.5. (a) The department shall adopt and post on its Internet Web site a list of nonpotentially hazardous foods and their ethnic variations that are approved for sale by a cottage food operation. A cottage food product shall not be potentially hazardous food, as defined in Section 113871. (b) This list of nonpotentially hazardous foods shall include, but not be limited to, all of the following: (1) Baked goods without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas. (2) Candy, such as brittle and toffee. (3) Chocolate-covered nonperishable foods, such as nuts and dried fruit. (4) Dried fruit. (5) Dried pasta. (6) Dry baking mixes. (7) Fruit pies, fruit empanadas, and fruit tamales. (8) Granola, cereals, and trail mixes. (9) Herb blends and dried mole paste. (10) Honey and sweet sorghum syrup. (11) Jams, jellies, preserves, and fruit butter that comply with the standard described in Part 150 of Title 21 of the Code of Federal Regulations. (12) Nut mixes and nut butters. (13) Popcorn. (14) Vinegar and mustard. (15) Roasted coffee and dried tea. (16) Waffle cones and pizelles. (c) (1) The State Public Health Officer may add or delete food products to or from the list described in subdivision (b), which shall be known as the approved food products list. Notice of any change to the approved food products list shall be posted on the department’s cottage food program Internet Web site, to also be known as the program Internet Web site for purposes of this chapter. Any change to the approved food products list shall become effective 30 days after the notice is posted. The notice shall state the reason for the change, the authority for the change, and the nature of the change. The notice will provide an opportunity for written comment by indicating the address to which to submit the comment and the deadline by which the comment is required to be received by the department. The address to which the comment is to be submitted may be an electronic site. The notice shall allow at least 20 calendar days for comments to be submitted. The department shall consider all comments submitted before the due date. The department may withdraw the proposed change at any time by notification on the program Internet Web site or through notification by other electronic means. The approved food products list described in subdivision (b), and any updates to the list, shall not be subject to the administrative rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (2) The State Public Health Officer shall not remove any items from the approved food products list unless the State Public Health Officer also posts information on the program Internet Web site explaining the basis upon which the removed food item has been determined to be potentially hazardous. (Amended by Stats. 2013, Ch. 76, Sec. 122. (AB 383) Effective January 1, 2014.)
  85. 114365.6.

    ## 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 11.5. Cottage Food Operations [114365 - 114365.6] ( Chapter 11.5 added by Stats. 2012, Ch. 415, Sec. 13. )

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    The State Public Health Officer must provide training and technical assistance on safe cottage food processing and packaging. Local enforcement agencies may charge a surcharge fee for Class B cottage food operations, but it cannot exceed the department’s reasonable training costs, must be transmitted to the department, and may be used only for the related training.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.5. Cottage Food Operations [114365 - 114365.6] ( Chapter 11.5 added by Stats. 2012, Ch. 415, Sec. 13. ) ## 114365.6. (a) The State Public Health Officer shall provide technical assistance, and develop, maintain, and deliver commodity-specific training related to the safe processing and packaging of cottage food products to local enforcement agencies. (b) Local enforcement agencies may collect a surcharge fee in addition to any permit fees collected for “Class B” cottage food operations. The surcharge fee shall not exceed the reasonable costs that the department incurs through the administration of the training described in subdivision (a) to protect the public health. The surcharge fees collected shall be transmitted to the department in a manner established by the department to be deposited in the Food Safety Fund. The department shall use the surcharge fees only to develop and deliver the training described in subdivision (a) to local enforcement agency personnel on an ongoing basis. (Added by Stats. 2012, Ch. 415, Sec. 13. (AB 1616) Effective January 1, 2013.)
  86. 114367.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. )

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    A designated city, county, or city and county governing body may authorize permitting for microenterprise home kitchen operations within its jurisdiction.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. ) ## 114367. The governing body of a city, county, or city and county that is designated as the enforcement agency, as defined in Section 113773, may authorize, by ordinance or resolution, within its jurisdiction the permitting of microenterprise home kitchen operations in accordance with this chapter. If a governing body of a city, county, or city and county authorizes the permitting of microenterprise home kitchen operations, the authorization shall apply to all areas within its jurisdiction, including being applicable to all cities within a county that authorizes microenterprise home kitchen operations, regardless of whether each city located within the jurisdiction of the county separately authorizes them. (Repealed and added by Stats. 2019, Ch. 536, Sec. 3. (AB 377) Effective October 7, 2019.)
  87. 114367.1.

    ## 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 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. )

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    A microenterprise home kitchen operation is treated as a restricted food service facility, but it gets several listed exemptions. The operator must pass an approved food safety certification exam, other non-operator food workers are subject to food handler card rules, and the operation may only sell food to consumers who were present at the original food demonstration or preparation event.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. ) ## 114367.1. (a) A microenterprise home kitchen operation, as defined in Section 113825, shall be considered a restricted food service facility for purposes of, and subject to all applicable requirements of, Chapter 1 (commencing with Section 113700) to Chapter 9 (commencing with Section 114265), inclusive, and Chapter 13 (commencing with Section 114380), except as otherwise provided in this chapter. (b) A microenterprise home kitchen operation shall be exempt from all of the following provisions: (1) Handwashing facilities requirements, as required in Section 113953, provided that a handwashing sink is supplied with warm water and located in the toilet room and supplied, as specified in Section 113953.2. (2) Any provision in this part relating to sinks, warewashing machines, and manual or machine sanitation, including, but not limited to, Sections 114099, 114099.2, 114099.4, 114101.1, 114101.2, 114103, 114107, 114123, 114125, 114163, and 114279, provided that all of the following conditions are met: (A) Utensils and equipment are able to be properly cleaned and sanitized. (B) The sink in a microenterprise home kitchen operation has hot and cold water and is fully operable. (C) If a dishwasher is used, it shall be operated in accordance with the manufacturer’s specifications. (3) Prohibition on the presence of persons unnecessary to the food facility operation in the food preparation, food storage, or warewashing areas, as specified in Section 113945.1, provided that the permitholder takes steps to avoid any potential contamination to food, clean equipment, utensils, and unwrapped single-service and single-use articles and prevents a person suffering from symptoms associated with acute gastrointestinal illness or person known to be infected with a communicable disease that is transmissible through food to enter the food preparation area while food is being prepared as part of a microenterprise home kitchen operation. (4) No smoking sign posting requirements, as specified in Section 113978. (5) Limitations on employee consumption of food, drink, or tobacco outside of designated areas, as specified in Sections 113977 and 114256, provided that the permitholder takes steps to avoid any potential contamination to food, clean equipment, utensils, and unwrapped single-service and single-use articles and prevents a person suffering from symptoms associated with acute gastrointestinal illness or person known to be infected with a communicable disease that is transmissible through food to enter the food preparation area while food is being prepared as part of a microenterprise home kitchen operation. (6) Limitations on consumer access to the food facility through food preparation areas, as specified in Section 113984.1, provided that the permitholder takes steps to avoid any potential contamination to food, clean equipment, utensils, and unwrapped single-service and single-use articles and prevents a person suffering from symptoms associated with acute gastrointestinal illness or person known to be infected with a communicable disease that is transmissible through food to enter the food preparation area while food is being prepared as part of a microenterprise home kitchen operation. (7) Display guard, cover, and container requirements, as specified in Section 114060, provided that any food on display that is not protected from the direct line of a consumer’s mouth by an effective means is not served or sold to any subsequent consumer. (8) Requirements to provide clean drinking cups and tableware for second portions and beverage refills, as specified in Section 114075. (9) Requirements pertaining to the characteristics and certification of utensils and equipment, as specified in Sections 114130 and 114139, provided that utensils and equipment are designed to retain their characteristic qualities under normal use conditions. (10) Requirements pertaining to the characteristics, construction, and multiuse of food-contact and nonfood-contact surfaces, as specified in Sections 114130.3 and 114130.4, provided that food contact surfaces are smooth, easily cleanable, and in good repair. (11) Requirements pertaining to the characteristics, construction, and disassembly of clean in place (CIP) equipment, as specified in Section 114130.5. (12) Limitations on the use of wood as a food contact surface and in connection with other equipment, as specified in Section 114132, provided that hard maple or equivalent wood is approved for use in direct contact with food during preparation. (13) Any provision in this part relating to ventilation, including, but not limited to, Article 2 (commencing with Section 114149) of Chapter 6, provided that gases, odors, steam, heat, grease, vapors, and smoke are able to escape from the kitchen. (14) Requirements that cold or hot holding equipment used for potentially hazardous food be equipped with integral or permanently affixed temperature measuring device or product mimicking sensors, as specified in subdivision (c) of Section 114157. (15) Requirements pertaining to the installation of fixed, floor-mounted, and table-mounted equipment, as specified in Section 114169. (16) Dedicated laundry facility requirements, as specified in Section 114185.5, provided that linens used in connection with the microenterprise home kitchen operation shall be laundered separately from the household and other laundry. (17) Requirements pertaining to water, plumbing, drainage, and waste, as specified in Sections 114193, 114193.1, and 114245.7. (18) Any requirement that a microenterprise home kitchen operation have more than one toilet facility or that access to the toilet facility not require passage through the food preparation, food storage, or utensil washing areas, including, but not limited to, the requirements specified in Sections 114250 and 114276. (19) Light intensity, light source, and lightbulb requirements, as specified in Sections 114252 and 114252.1, provided that food preparation areas are well lighted by natural or artificial light whenever food is being prepared. (20) Requirements to provide and use lockers, storage facilities, and designated dressing areas, and that food facility premises be free of litter and items that are unnecessary to the operation, as specified in Sections 114256.1 and 114257.1, provided that personal effects and clothing not ordinarily found in a home kitchen are placed or stored away from food preparation areas and dressing takes place outside of the kitchen. (21) Limitations on the presence and handling of animals, such as domestic, service, or patrol animals, as specified in Sections 114259.4 and 114259.5, provided that all animals are kept outside of the kitchen during food service and preparation. (22) Requirements pertaining to floor, wall, and ceiling surfaces, as specified in Sections 114268, 114269, and 114271, provided that the floor, wall, and ceiling surfaces of the kitchen, storage, and toilet areas are smooth, of durable construction, and easily cleanable with no limitations on the use of wood, tile, and other nonfiber floor surfaces ordinarily used in residential settings. (23) Any local evaluation or grading system for food facilities, as authorized by Section 113709. (24) All prohibitions and limitations on the use of a kitchen in a private home as a food facility, including, but not limited to, prohibitions and limitations specified in Section 114285, provided that food is not prepared in designated sleeping quarters. Open kitchens adjacent to living and sleeping areas, kitchens in efficiency, studio, and loft-style residences, and kitchens without doors at all points of ingress and egress may be used in microenterprise home kitchen operations. (25) Planning and permitting provisions of Sections 114380 and 114381.2. (c) A microenterprise home kitchen operation may operate an open-air barbecue or outdoor wood-burning oven, pursuant to the requirements of Section 114143. (d) The operator of a microenterprise home kitchen operation shall successfully pass an approved and accredited food safety certification examination, as specified in Section 113947.1. (e) Any individual, other than the operator, who is involved in the preparation, storage, or service of food in a microenterprise home kitchen operation shall be subject to the food handler card requirements specified in Section 113948. (f) A microenterprise home kitchen operation shall only offer for sale or sell food that was prepared during a food demonstration or preparation event to a consumer who was present at that food demonstration or preparation event. (Amended by Stats. 2019, Ch. 536, Sec. 4. (AB 377) Effective October 7, 2019.)
  88. 114367.2.

    ## 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 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. )

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    A microenterprise home kitchen operation must get a permit before opening, follow permit and operating-rule requirements, and keep the permit onsite and displayed during 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 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. ) ## 114367.2. (a) A microenterprise home kitchen operation shall not be open for business unless it has obtained a permit issued from the enforcement agency. (b) The department shall post on its internet website the requirements for the permitting of a microenterprise home kitchen operation, pursuant to this chapter and any ordinance, resolution, or rules adopted by any city, county, or city and county, that has authorized the permitting of microenterprise home kitchen operations, which shall be written at a high school level. (c) The applicant shall submit to the enforcement agency written standard operating procedures that include all of the following information: (1) All food types or products that will be handled. (2) The proposed procedures and methods of food preparation and handling. (3) Procedures, methods, and schedules for cleaning utensils, equipment, and for the disposal of refuse. (4) How food will be maintained at the required holding temperatures, as specified in Section 113996, pending pickup by consumer or during delivery. (5) Days and times that the home kitchen may potentially be utilized as a microenterprise home kitchen operation. The stated days and times are not binding on the permitholder and shall be used for information purposes only. (d) (1) The enforcement agency shall issue a permit after an initial inspection has determined that the proposed microenterprise home kitchen operation and its method of operation comply with the requirements of this chapter. (2) An enforcement agency shall not require a microenterprise home kitchen operation to comply with food safety requirements that are different from, or in addition to, the requirements of this chapter. (e) For purposes of permitting, the permitted area includes the home kitchen, onsite consumer eating area, food storage, utensils and equipment, toilet room, janitorial or cleaning facilities, and refuse storage area. Food operations shall not be conducted outside of the permitted areas. (f) An enforcement agency may require a microenterprise home kitchen operation to renew its permit annually. (g) A permit, once issued, is nontransferable. A permit shall be valid only for the person and location specified by that permit, and, unless suspended or revoked for cause, for the time period indicated. (h) The permit, or an accurate copy thereof, shall be retained by the operator onsite and displayed at all times the microenterprise home kitchen operation is in operation. (i) An enforcement agency may collect a fee for the issuance of a permit pursuant to this chapter in an amount that does not exceed the reasonable administrative costs by the enforcement agency in issuing the permit. (Amended by Stats. 2019, Ch. 536, Sec. 5. (AB 377) Effective October 7, 2019.)
  89. 114367.3.

    ## 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 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. )

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    This section limits how a microenterprise home kitchen operation may be inspected and lets the enforcement agency recover certain inspection costs if there is a violation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. ) ## 114367.3. (a) Notwithstanding any other law, a microenterprise home kitchen operation shall only be subject to the three following types of inspections by the enforcement agency: (1) A routine inspection for the purpose of allowing the enforcement agency to observe the permitholder engage in the usual activities of a microenterprise home kitchen operation, including, but not limited to, active food preparation. The enforcement agency shall provide notice to a permitholder before a routine inspection and shall conduct the routine inspection at a mutually agreeable date and time. A microenterprise home kitchen operation shall not be subject to more than one routine inspection within 12 months. This paragraph shall not be deemed to require the enforcement agency to conduct a routine inspection. (2) An investigation inspection for the purpose of allowing the enforcement agency to perform an inspection when the enforcement agency has just cause that adulterated or otherwise unsafe food has been produced or served by the microenterprise home kitchen operation or that the permitholder has otherwise violated this part. One or more consumer complaints may constitute just cause for an investigation inspection. The enforcement agency shall provide notice to a permitholder before an investigation inspection and shall conduct the investigation inspection at a mutually agreeable date and time. (3) An emergency inspection for the purpose of allowing the enforcement agency to perform a limited inspection when the enforcement agency has just cause that the microenterprise home kitchen operation poses a serious hazard or immediate threat to public health. To the extent that notice of an emergency inspection is reasonable under the circumstances, the enforcement agency shall provide notice to a permitholder before an emergency inspection. The scope of emergency inspection shall be limited in duration and scope to address the facts giving just cause that the microenterprise home kitchen operation poses a serious hazard or immediate threat to public health. (b) The enforcement agency shall only inspect the permitted area of the microenterprise home kitchen operation for the purpose of enforcing or administering this part. (c) The enforcement agency may seek recovery from a microenterprise home kitchen operation of an amount that does not exceed the enforcement agency’s reasonable costs of inspecting the microenterprise home kitchen operation for compliance with this part if the microenterprise home kitchen operation is found to be in violation of this part. (Repealed and added by Stats. 2019, Ch. 536, Sec. 7. (AB 377) Effective October 7, 2019.)
  90. 114367.4.

    ## 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 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. )

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    Local governments may not block or charge zoning-related requirements for a microenterprise home kitchen operation in a residential dwelling, and such an operation can be a permitted use if it avoids signage and follows local noise 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 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. ) ## 114367.4. (a) (1) A city, county, or city and county shall not prohibit the operation of, require a permit to operate, require a rezone of the property for, or levy any fees on, or impose any other restriction on, a microenterprise home kitchen operation in any residential dwelling for zoning purposes. A microenterprise home kitchen operation shall be a permitted use of residential property in any residential dwelling for zoning purposes if the microenterprise home kitchen operation complies with both of the following criteria: (A) Abstain from posting signage or other outdoor displays advertising the microenterprise home kitchen operation. (B) Be in compliance with applicable local noise ordinances. (2) This subdivision does not supersede or otherwise limit the investigative and enforcement authority of the city, county, or city and county with respect to violations of its nuisance ordinances. (b) The use of a residence for the purposes of a microenterprise home kitchen operation shall not constitute a change of occupancy for purposes of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13), or for purposes of local building and fire codes. (c) A microenterprise home kitchen operation shall be considered a residence for the purposes of the State Uniform Building Standards Code and local building and fire codes. (Amended by Stats. 2019, Ch. 497, Sec. 170. (AB 991) Effective January 1, 2020.)
  91. 114367.5.

    ## 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 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. )

    Verify source ↗

    This section limits who may deliver food from a microenterprise home kitchen and generally bars third-party delivery, with a disability-based exception.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. ) ## 114367.5. (a) A person delivering food on behalf of a microenterprise home kitchen operation with a permit issued pursuant to Section 114367.2 shall be an employee of the microenterprise home kitchen operation or a family member or household member of the permitholder. (b) (1) Except as provided in paragraph (2), food produced in a microenterprise home kitchen operation shall not be delivered by a third-party delivery service. (2) (A) Food produced in a microenterprise home kitchen operation may be delivered by a third-party delivery service to an individual who has a physical or mental condition that is a disability which limits the individual’s ability to access the food without the assistance of a third-party delivery service. (B) A microenterprise home kitchen operation or an internet food service intermediary that offers or facilitates food delivery pursuant to subparagraph (A) shall do all of the following: (i) Record and maintain a record of the number and dates of food deliveries made pursuant to subparagraph (A). A microenterprise home kitchen operation shall make the record available to an enforcement agency pursuant to any inspection authorized pursuant to Section 114367.3. An internet food service intermediary shall make the record available to an enforcement agency upon request. (ii) Clearly and conspicuously post on its internet website or mobile application alongside any mention of third-party delivery options a notice that a third-party delivery service is prohibited from delivering food except to an individual who has a physical or mental condition that is a disability which limits the individual’s ability to access the food without the assistance of a third-party delivery service. (C) Food delivery by a third-party delivery service pursuant to subparagraph (A) does not apply to dine-in meals sold for consumption on the premises of a microenterprise home kitchen or to cooking classes or demonstrations. (Amended by Stats. 2019, Ch. 536, Sec. 8. (AB 377) Effective October 7, 2019.)
  92. 114367.6.

    ## 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 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. )

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    Internet food service intermediaries that list or promote microenterprise home kitchen operations must register, disclose fees and complaint information, and avoid certain advertising and delivery practices.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.6. Microenterprise Home Kitchen Operation [114367 - 114367.6] ( Chapter 11.6 added by Stats. 2018, Ch. 470, Sec. 6. ) ## 114367.6. (a) An internet food service intermediary that lists or promotes a microenterprise home kitchen operation on its internet website or mobile application shall meet all of the following requirements: (1) Be registered with the department. A registration, once issued, is nontransferable. A registration shall be valid only for the person and type of business specified by that registration, and unless suspended or revoked for cause by the department. (2) Prior to the listing or publication of a microenterprise home kitchen operation’s offer of food for sale, clearly and conspicuously post on its internet website or mobile application the requirements for the permitting of a microenterprise home kitchen specified in this chapter, which shall be written at the high school level and be provided by the department. (3) Clearly and conspicuously post on its internet website or mobile application the fees associated with using its platform and fees associated with third-party delivery service pursuant to paragraph (2) of subdivision (b) of Section 114367.5 in a manner that allows both the consumer and the microenterprise home kitchen operation to see and understand the amount being charged for the services provided by the internet food service intermediary. The internet food service intermediary shall notify the microenterprise home kitchen operation of any changes to these fees exceeding a 2-percent increase in writing and no later than one month before the changes take effect. (4) Clearly and conspicuously post on its internet website or mobile application whether or not it has liability insurance that would cover any incidence arising from the sale or consumption of food listed or promoted on its internet website or mobile application. (5) Provide a dedicated field on its platform for a microenterprise home kitchen operation to post the permit number and the name of the enforcement agency that issued the permit. (6) Clearly and conspicuously post on its internet website or mobile application how a consumer can contact the internet food service intermediary through its internet website or mobile application if the consumer has a food safety or hygiene complaint and a link to the department’s internet website that contains information for how to file a complaint with the enforcement agency. (7) Submit the name and permit number of a microenterprise home kitchen operation to the enforcement agency that issued the permit to the microenterprise home kitchen operation if the internet food service intermediary receives, through its internet website or mobile application, three or more unrelated individual food safety or hygiene complaints in a calendar year from consumers that have made a purchase through its internet website or mobile application. The internet food service intermediary shall submit this information to the enforcement agency within two weeks of the third complaint received. (8) If it is notified by the enforcement agency of significant food safety related complaints from a verified consumer that has made a purchase through its internet website or mobile application, submit to the enforcement agency the name and permit number of the microenterprise home kitchen operation where the food was purchased, and a list of consumers who purchased food on the same day from that microenterprise home kitchen operation through its internet website or mobile application. (9) Prior to the listing or publication of a microenterprise home kitchen operation’s offer of food for sale, obtain consent from the microenterprise home kitchen operation to make the disclosures to government entities required pursuant to this section. (10) Shall not permit the use of the word “catering” or any variation of that word in a listing or publication of a microenterprise home kitchen operation’s offer of food for sale. (11) Shall not use, or knowingly facilitate the use of, a third-party delivery service for food produced by the microenterprise home kitchen operation, except as authorized pursuant to paragraph (2) of subdivision (b) of Section 114367.5. (b) For purposes of this chapter, an “internet food service intermediary” means an entity that provides a platform on its internet website or mobile application through which a microenterprise home kitchen operation may choose to offer food for sale and from which the internet food service intermediary derives revenues, including, but not limited to, revenues from advertising and fees for services offered to a microenterprise home kitchen operation. Services offered by an internet food service intermediary to a microenterprise home kitchen operation may include, but are not limited to, allowing a microenterprise home kitchen operation to advertise its food for sale and providing a means for potential consumers to arrange payment for the food, whether the consumer pays directly to the microenterprise home kitchen operation or to the internet food service intermediary. Merely publishing an advertisement for the microenterprise home kitchen operation or food cooked therein does not make the publisher an internet food service intermediary. (c) (1) A microenterprise home kitchen operation that advertises to the public, including, but not limited to, advertising by website, internet, social media platform, newspaper, newsletter, or other public announcement, shall include all of the following within the advertisement: (A) Name of the enforcement agency that issued the permit. (B) Permit number. (C) Statement that the food prepared is “Made in a Home Kitchen” in a clear and conspicuous font and location within a written advertisement and an audible and comprehensible manner in a verbal advertisement. (2) A microenterprise home kitchen operation shall not use the word “catering” or any variation of that word in an advertisement relating to the microenterprise home kitchen operation’s offer of food for sale. (Amended by Stats. 2019, Ch. 536, Sec. 9. (AB 377) Effective October 7, 2019.)
  93. 114368.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. )

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    A compact mobile food operation must meet the applicable requirements of Chapter 10, unless this chapter provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. ) ## 114368. A compact mobile food operation, as defined in subdivision (c) of Section 113831, shall meet the applicable requirements of Chapter 10 (commencing with Section 114294), except as provided in this chapter. (Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.)
  94. 114368.1.

    ## 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 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. )

    Verify source ↗

    Some compact mobile food operations are exempt from most of this part, but they still must comply with listed sections and chapters. Local enforcement agencies may inspect exempt operations in certain circumstances and may recover investigation and enforcement costs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. ) ## 114368.1. (a) Any compact mobile food operation with 25 square feet or less of display area from which only prepackaged nonpotentially hazardous food and whole uncooked produce is sold is exempt from the requirements of this part, except that the facility shall comply with all of the following: (1) Sections 113980, 114047, 114049, 114390, 114393, 114397, and 114399. (2) Chapter 1 (commencing with Section 113700). (3) Chapter 2 (commencing with Section 113728). (b) (1) A local enforcement agency may inspect a compact mobile food operation that is exempt, as specified in subdivision (a), during the facility’s hours of operation and other reasonable times on the basis of a consumer complaint or just cause. (2) For the purposes of determining compliance with this chapter, a compact mobile food operation that is not exempt as specified in subdivision (a) is subject to permitting and routine inspections or inspections on the basis of a consumer complaint or just cause. (c) The local enforcement agency may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to compact mobile food operations. (Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.)
  95. 114368.2.

    ## 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 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. )

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    Compact mobile food operations have to follow limited food-preparation rules and may sell or display food outdoors only if stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. ) ## 114368.2. (a) Compact mobile food operations shall conduct only limited food preparation, as defined in Section 113818. Notwithstanding any other provision of this part, a compact mobile food operation, as defined in subdivision (c) of Section 113831, may display or sell food outdoors, if all of the following conditions are satisfied: (1) Overhead protection are provided above all food display areas. (2) Food items from the outdoor display are stored consistent with this chapter at all times other than during business hours. (3) Outdoor displays comply with Section 113980 and have been approved by the enforcement agency if the compact mobile food operation is required to obtain a permit. (b) A compact mobile food operation shall not sell food other than nonpotentially hazardous prepackaged food or whole produce, or conduct any food preparation, unless it meets the applicable operational requirements of this chapter, including applicable requirements for integral equipment, handwashing, and restroom access. (c) Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function. (d) A compact mobile food operation operating from an individual shall not conduct any food preparation or sell foods other than nonpotentially hazardous prepackaged food or whole produce. (Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.)
  96. 114368.4.

    ## 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 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. )

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    Compact mobile food operations must meet specific sink, handwashing, water tank, permit, and operating-procedure requirements, with some alternative compliance options and exemptions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. ) ## 114368.4. (a) Except as provided in subdivision (b), a compact mobile food operation that is approved for limited food preparation that prepares raw meat, raw poultry, or raw fish is subject to warewashing and handwashing facility requirements as outlined in Chapter 10 (commencing with Section 114294). (b) (1) A compact mobile food operation may satisfy the requirements of Sections 114313 and 114314 by demonstrating access to a permitted auxiliary conveyance containing the necessary handwashing and warewashing sinks when operating at a site-specific location. The auxiliary conveyance may be operated by the same or a different permitholder. An enforcement agency may permit an auxiliary conveyance to serve multiple compact mobile food operations operating in close proximity to the auxiliary conveyance, as determined by the enforcement agency. (2) If an auxiliary conveyance is not operated by the permitholder of the compact mobile food operation, the operator of the auxiliary conveyance shall obtain a permit from the enforcement agency to operate the auxiliary conveyance and service compact mobile food operations. (3) The permit application for an auxiliary conveyance not operated by a compact mobile food operation shall include a site plan and shall be submitted to the enforcement agency at least two weeks prior to the operation of any food facility in conjunction with the auxiliary conveyance. (4) The site plan for an auxiliary conveyance not operated by a compact mobile food operator shall show the proposed location and storage of the auxiliary conveyance, the proposed locations of any food facilities that will utilize the auxiliary conveyance, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and handwashing facilities. (c) A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall do one of the following: (1) Provide a three-compartment sink as described in subdivision (a) of Section 114313. (2) Provide at least one two-compartment sink that complies with subdivision (e) of Section 114099.3. (3) Provide a one-compartment sink with at least one integral metal drainboard, an adequate supply of spare preparation and serving utensils to replace those that become soiled or contaminated, and warewashing facilities that comply with subdivision (a) of Section 114313 in reasonable proximity to, and readily accessible for use by, food employees at all times. (4) Maintain an adequate supply of spare preparation and serving utensils on the compact mobile food operation to ensure that utensils used for potentially hazardous foods are replaced with clean and sanitized utensils every four hours or as needed to replace those that become soiled or contaminated. A compact mobile food operation that complies with this paragraph is not required to provide a warewashing sink. (d) A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall provide an integral handwashing sink with at least five gallons of potable water to operate with a potable water tank with a capacity of at least five gallons for handwashing. (e) An enforcement agency may permit a compact mobile food operation to operate with an integral water tank smaller than specified under subdivision (c) or (d) of Section 114217 if the enforcement agency finds that the compact mobile food operation is operating in an area and manner that would allow for replenishment of the water supply as needed during operations. (f) A compact mobile food operation shall submit, to the enforcement agency, written operating procedures that include the process of filling potable water tanks if it will operate with a water tank with a capacity of less than five gallons specified in subdivisions (c) and (d) of Section 114217. (g) A compact mobile food operation that does not prepare raw meat, raw poultry, or raw fish is exempt from any provision of this part requiring it be equipped with a water heater or otherwise be supplied with warm water. (Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.)
  97. 114368.5.

    ## 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 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. )

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    This section lets an enforcement agency preapprove standard plans for compact mobile food operations and sets inspection, certification, and fee rules for those operations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. ) ## 114368.5. (a) Upon receipt of complete, easily readable plans drawn to scale, and specifications satisfactory to the enforcement agency, an enforcement agency may preapprove a standard plan for a standardized or mass-produced individual unit intended to serve as a compact mobile food operation. (b) A person proposing to operate a compact mobile food operation who has acquired an individual unit for which the construction of the compact mobile food operation has been built to approved plans shall not be required to submit plans for the individual unit, but instead shall be subject to a final inspection of the compact mobile food operation to ensure that the individual unit and proposed method of operation conform to the standard plans preapproved pursuant to subdivision (a). The permit application for a compact mobile food operation utilizing a preapproved individual unit shall include a certification that the applicant has not substantially altered the individual units from the plans preapproved pursuant to subdivision (a). The enforcement agency may collect a fee in the final inspection in an amount that does not exceed the reasonable administrative costs to the enforcement agency. (c) The repair of equipment or integral fixtures on a compact mobile food operation or the replacement of equipment and fixtures on a compact mobile food operation with substantially similar equipment or fixtures is not a remodel, and the repair or replacement of equipment or fixtures does not require the submission of plans to an enforcement agency. (d) A local governing body may waive or reduce a fee for the permit, registration, or related services for an applicant seeking approval of a compact mobile food operation or related operations. (e) All new and replacement food-related and utensil-related equipment for a compact mobile food operation shall be certified or classified for sanitation by an American National Standards Institute accredited certification program, or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. In the absence of an applicable certified sanitation standard, food-related and utensil-related equipment shall be evaluated for approval by the enforcement agency. (f) All new and replacement electrical appliances for a compact mobile food operation shall meet applicable Underwriters Laboratories standards for electrical equipment as determined by an American National Standards Institute accredited certification program or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. (Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.)
  98. 114368.6.

    ## 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 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. )

    Verify source ↗

    A compact mobile food operation is exempt from Section 113947.1 if the operator and anyone involved in preparing, storing, or serving its food has a food handler card meeting Section 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 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. ) ## 114368.6. A compact mobile food operation is exempt from Section 113947.1 if the operator and any individual who is involved in the preparation, storage, or service of food for the compact mobile food operation has obtained a food handler card that meets the requirements of Section 113948. (Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.)
  99. 114368.7.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. )

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    A compact mobile food operation is exempt from Section 114315 if it operates with multiple employees or operators, and it may keep operating with a single individual so staff can alternate restroom 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 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. ) ## 114368.7. A compact mobile food operation is exempt from the requirements of Section 114315 if the compact mobile food operation operates with multiple employees or operators and the compact mobile food operation may remain operable by a single individual so that employees or operators may alternate use of a restroom. (Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.)
  100. 114368.8.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. )

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    This section limits violations by compact mobile food operations and sidewalk vendors to administrative fines, bars infraction or misdemeanor treatment, and restricts certain enforcement and immigration-related practices.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 11.7. Compact Mobile Food Operation [114368 - 114368.8] ( Chapter 11.7 added by Stats. 2022, Ch. 489, Sec. 4. ) ## 114368.8. (a) Notwithstanding subdivision (a) of Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine. (b) A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation or a sidewalk vendor shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation or a sidewalk vendor alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law. (c) Except as provided in subdivision (d), each offense by an operator or employee of a compact mobile food operation or a sidewalk vendor may only be punished by a fine consistent with the following: (1) A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part. (2) An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation. (3) An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation. (4) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. (d) If a compact mobile food operation is required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024. (e) (1) When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section. (3) The enforcement agency may waive the administrative fine or may offer an alternative disposition. (f) (1) When enforcing any provision of, or regulation adopted pursuant to, this part regulating an operator or employee of a compact mobile food operation, an enforcement agency and its personnel shall not do any of the following: (A) Use enforcement agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this part. (B) Inquire into an individual’s immigration status. (C) Place enforcement agency personnel under the supervision of an agency conducting immigration enforcement or employ enforcement agency personnel deputized under the authority of an agency conducting immigration enforcement. (D) Use an officer or employee of an agency conducting immigration enforcement as an interpreter for enforcement agency matters, or use enforcement agency personnel as interpreters for officers or employees of an agency conducting immigration enforcement. (2) For purposes of this subdivision, “enforcement agency” includes any nonpublic entity that an enforcement agency has delegated or assigned authority to, or has entered into a contract with, for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this part. (3) A contract between a nonpublic entity and an enforcement agency for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter entered into or modified on or after January 1, 2026, shall require the nonpublic entity to explicitly agree to adhere to the requirements of this subdivision, and shall be immediately terminated if it is found that the nonpublic entity has violated this subdivision. (g) When enforcing any provision of, or regulation adopted pursuant to, this part regulating an operator or employee of a compact mobile food operation, an enforcement agency that has been authorized to make arrests pursuant to Section 836.5 of the Penal Code shall not use enforcement agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this part. (h) This section does not prohibit or restrict any enforcement agency or governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code. (i) For purposes of this section, “immigration enforcement” means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States. (Amended by Stats. 2025, Ch. 463, Sec. 6. (SB 635) Effective January 1, 2026.)
  101. 114370.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12. Certified Farmers’ Markets [114370 - 114373] ( Chapter 12 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Certified farmers’ markets must meet the applicable general sanitation requirements in Section 113980 and this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12. Certified Farmers’ Markets [114370 - 114373] ( Chapter 12 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114370. Certified farmers’ markets shall meet the applicable general sanitation requirements in Section 113980 and as provided in this chapter. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  102. 114371.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12. Certified Farmers’ Markets [114370 - 114373] ( Chapter 12 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Certified farmers’ markets must follow detailed food-safety and sanitation rules, including storage, sampling, temperature control, waste disposal, and limits on animals and smoking.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12. Certified Farmers’ Markets [114370 - 114373] ( Chapter 12 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114371. Certified farmers’ markets shall meet all of the following requirements: (a) All food shall be stored at least six inches off the floor or ground or under any other conditions that are approved. Tents, canopies, or other overhead coverings are not required for fresh whole produce sales displays or storage, except when specifically required pursuant to this chapter. Flavored nuts and dried fruits that are being sold on a bulk or nonprepackaged basis shall be displayed and dispensed by the producer from covered containers. All processed food products being sold shall be in compliance with Section 113735 and the applicable provisions of Section 110460, 114365, or 114365.2. (b) Food preparation is prohibited at certified farmers’ markets with the exception of food samples. Trimming whole produce for sale shall not be considered food preparation. Distribution of food samples may occur provided that the following sanitary conditions exist: (1) Samples shall be kept in clean, nonabsorbent, and covered containers intended by the manufacturer for use with foods. Any cutting or distribution of samples shall only occur under a tent, canopy, or other overhead covering. (2) All food samples shall be distributed by the producer in a manner that is sanitary and in which each sample is distributed without the possibility of a consumer touching the remaining samples. (3) Clean, disposable plastic gloves shall be used when cutting food samples. (4) Fresh, whole produce intended for sampling shall be washed or cleaned in another manner of any soil or other material by potable water in order that it is wholesome and safe for consumption. (5) Notwithstanding Section 114205, available potable water may be required for handwashing and sanitizing; the need determined and manner approved by the enforcement agency. (6) Potentially hazardous food samples shall be maintained at or below 45 degrees Fahrenheit and shall be disposed of within two hours after cutting. A certified farmers’ market or an enforcement officer may cause immediate removal and disposal, or confiscate and destroy, any potentially hazardous food samples found not in compliance with this paragraph. (7) Wastewater shall be disposed of in a facility connected to the public sewer system or in a manner approved by the enforcement agency. (8) Utensils and cutting surfaces shall be smooth, nonabsorbent, and easily cleanable, or single-use articles shall be utilized. If the producer uses only single-use articles or maintains an adequate supply of clean replacement articles readily available at the site at the time of use, warewashing facilities shall not be required. (c) Approved toilet and handwashing facilities shall be available within 200 feet travel distance of the premises of the certified farmers’ market or as approved by the enforcement officer. (d) No live animals, birds, or fowl shall be kept or allowed, and no individual shall bring a live animal, bird, or fowl, within 20 feet of any area where food is stored or held for sale within a certified farmers’ market. This subdivision does not apply to guide dogs, signal dogs, or service dogs when used in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and as provided in Section 36.104 of Title 28 of the Code of Federal Regulations. All guide dogs, signal dogs, and service dogs shall be used and properly identified in accordance with Section 54.1 and subdivision (b) of Section 54.2 of the Civil Code, and Sections 30850, 30851, and 30852 of the Food and Agricultural Code. (e) All garbage and refuse shall be stored and disposed of in a manner approved by the enforcement officer. (f) Smoking of cigarettes, cigars, pipe tobacco, and other tobacco products shall not be permitted within 25 feet of the common commerce area comprised of sales personnel and shopping customers of the certified farmers’ market. (g) Notwithstanding Chapter 10 (commencing with Section 114294) vendors selling food adjacent to, and under the jurisdiction and management of, a certified farmers’ market may store, display, and sell from a table or display fixture apart from the mobile facility in a manner approved by the enforcement agency. (h) Temporary food facilities may be operated at a separate community event adjacent to, and in conjunction with, certified farmers’ markets. The organization in control of the community event at which these temporary food facilities operate shall comply with Section 114381.1. (i) All harvested, cut, wrapped, or otherwise processed meat, poultry, and fish products shall be from approved sources as set forth in Section 113735, and shall be properly labeled or have documentation present at the point of sale that demonstrates compliance with this requirement. All harvested, cut, wrapped, or otherwise processed meat, poultry, and fish products offered for sale shall be transported, stored, displayed, and maintained at a temperature of 41 degrees Fahrenheit or colder. The temperature holding capabilities of the storage containers used shall be sufficient to maintain safe product temperatures. Storage containers for meat, poultry, and fish products shall be insulated and have interior surfaces that are smooth, nonabsorbent, and easily cleanable. All meat, poultry, and fish products shall be stored in a manner that reduces the risk of cross-contamination. (j) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (k) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 17. (SB 5 2x) Effective June 9, 2016.)
  103. 114373.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12. Certified Farmers’ Markets [114370 - 114373] ( Chapter 12 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Raw shell eggs may be stored and displayed without refrigeration only if the listed handling and labeling conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12. Certified Farmers’ Markets [114370 - 114373] ( Chapter 12 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114373. Raw shell eggs may be stored and displayed without refrigeration if all of the following conditions are met: (a) The eggs were produced by poultry owned by the seller and collected on the seller’s property. (b) The eggs are not placed in direct sunlight during storage or display. (c) Retail egg containers are prominently labeled “refrigerate after purchase” or the seller posts a conspicuous sign advising consumers that the eggs are to be refrigerated as soon as practical after purchase. (d) Retail egg containers are conspicuously identified as to the date of the pack. (e) The eggs have been cleaned and sanitized. (f) The eggs are not checked, cracked, or broken. (g) Any eggs that are stored and displayed at temperatures of 90ºF or below and that are unsold after four days from the date of pack shall be stored and displayed at an ambient temperature of 45ºF or below, diverted to pasteurization, or destroyed in a manner approved by the enforcement agency. (h) Any eggs that are stored and displayed at temperatures above 90ºF that are unsold after four days from the date of pack shall be diverted to pasteurization or destroyed in a manner approved by the enforcement agency. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  104. 114375.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.5. Farm Stands and Community Food Production [114375 - 114376.5] ( Heading of Chapter 12.5 amended by Stats. 2014, Ch. 580, Sec. 5. )

    Verify source ↗

    Farm stands must follow listed food-safety and sanitation rules, including limits on food preparation, food sales, animal proximity, waste handling, and storage of prepackaged processed foods.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.5. Farm Stands and Community Food Production [114375 - 114376.5] ( Heading of Chapter 12.5 amended by Stats. 2014, Ch. 580, Sec. 5. ) ## 114375. Farm stands shall be in conformity with the definition and provisions of Section 113778.2 and meet all of the following requirements: (a) Food preparation is prohibited at farm stands with the exception of food samples which may only occur if conducted in accordance with paragraphs (1) to (8), inclusive, of subdivision (b) of Section 114371. (b) Approved toilet and handwashing facilities consistent with Article 4 (commencing with Section 113310) of Chapter 11 of Part 6 shall be available for use by farm stand operators or their employees when food sampling is conducted pursuant to subdivision (a). (c) Food sales from farm stands shall be limited to the following: (1) Whole produce and shell eggs as described in paragraph (6) of subdivision (c) of Section 113789. (2) Nonpotentially hazardous prepackaged food products from an approved source that were grown or produced in close proximity to the farm stand and in a manner consistent with the intent of Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code. (3) Any nonpotentially hazardous prepackaged food products, including bottled water and soft drinks, from an approved source that has not been grown or produced in close proximity to the farm stand shall be limited to a 50-square-foot storage and sales area. (d) No live animals, birds, or fowl shall be kept or allowed within 20 feet of any area where food is stored or held for sale. This subdivision does not apply to guide dogs, signal dogs, or service dogs when used in the manner specified in Section 54.1 of the Civil Code. (e) All garbage and refuse shall be stored and disposed of in an appropriate manner. (f) All prepackaged processed food products shall meet the applicable requirements provided in Section 113980 and be stored in an approved vermin proof area or container when the farm stand facility is closed. (Added by Stats. 2008, Ch. 447, Sec. 11. Effective January 1, 2009.)
  105. 114376.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.5. Farm Stands and Community Food Production [114375 - 114376.5] ( Heading of Chapter 12.5 amended by Stats. 2014, Ch. 580, Sec. 5. )

    Verify source ↗

    Community food producers and gleaners may sell or donate certain whole uncut produce or unrefrigerated shell eggs, but only if they follow specified labeling, safety, production, and record-retention 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 12.5. Farm Stands and Community Food Production [114375 - 114376.5] ( Heading of Chapter 12.5 amended by Stats. 2014, Ch. 580, Sec. 5. ) ## 114376. (a) A community food producer may sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to the public, to a permitted food facility, or a cottage food operation if the community food producer meets all of the following requirements: (1) Agricultural products shall be grown or produced in compliance with subdivision (b) of Section 113735. (2) Agricultural products that are packaged shall have the package labeled with the name and address of the community food producer. (3) Conspicuous signage shall be provided in lieu of a product label if the agricultural product is being sold by the community food producer on the site of production. The signage shall include, but not be limited to, the name and address of the community food producer. (4) Best management practices, as described by the Department of Food and Agriculture, regarding small farm food safety guidelines on, but not limited to, safe production, processing, and handling of both nonpotentially hazardous and potentially hazardous foods. (5) Egg production shall be limited to 15 dozen eggs per month. (b) (1) A gleaner may sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, produced by a community food producer directly to the public without registration if the gleaner meets all of the requirements specified in subdivisions (a) and (d). (2) A gleaner may donate whole uncut fruits or vegetables, or unrefrigerated shell eggs, produced by a community food producer to a food bank or food kitchen without registration if it meets both of the following requirements: (A) Best management practices, as described by the Department of Food and Agriculture, regarding small farm food safety guidelines on handling of both nonpotentially hazardous and potentially hazardous foods. (B) Record retention requirements specified in subdivision (d). (c) Unless otherwise authorized by a local ordinance adopted by a local jurisdiction, a local city or county health enforcement office shall not require a community food producer to register with the city or county or meet requirements in addition to those required in subdivisions (a) and (d) if the community food producer meets any of the following conditions: (1) Agricultural products are sold at the outlet or location, including, but not limited to, premises, controlled by the community food producer pursuant to paragraph (6) of subdivision (c) of Section 113789. (2) Agricultural products are donated to a food bank or food kitchen that provides food at no cost to consumers. (3) Agricultural products are sold in a food facility permitted by a federal, state, or local health agency. (d) A community food producer or gleaner that sells or provides whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to the public pursuant to this section shall retain records related to the sale or provision of the food for 30 days, which shall include the type of food sold and the date of sale. (e) A food bank or food kitchen that receives whole uncut fruits or vegetables, or unrefrigerated shell eggs, donated by a community food producer or gleaner pursuant to this section shall retain records related to the donation of the food for 30 days, which shall include the type of food received, the date of receipt, and the name and contact information of the community food producer or gleaner that donated the food. (Amended by Stats. 2015, Ch. 616, Sec. 2. (AB 234) Effective January 1, 2016.)
  106. 114376.5.

    ## 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 12.5. Farm Stands and Community Food Production [114375 - 114376.5] ( Heading of Chapter 12.5 amended by Stats. 2014, Ch. 580, Sec. 5. )

    Verify source ↗

    An enforcement officer may inspect a community food producer or gleaner after a food safety recall or complaint, may recover reasonable inspection costs, and may issue a cease and desist order for Section 114376 violations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.5. Farm Stands and Community Food Production [114375 - 114376.5] ( Heading of Chapter 12.5 amended by Stats. 2014, Ch. 580, Sec. 5. ) ## 114376.5. (a) An enforcement officer, as defined in Section 113774, may enter into and inspect the operations of a community food producer or gleaner in response to a food safety recall or food safety complaint. The enforcement officer may recover reasonable costs associated with an inspection from the community food producer or gleaner. (b) (1) An enforcement officer may issue a community food producer or gleaner a cease and desist order for violations of Section 114376, upon which the community food producer or gleaner shall be prohibited from further sales until the operations of the community food producer or gleaner have been reinspected and cleared by the enforcement officer’s agency. (2) At any time within 15 calendar days after issuance of the cease and desist order, the community food producer or gleaner may request in writing a hearing before a hearing officer to show cause why the prohibition of further sales is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to a hearing. (c) Violations of Section 114376 shall be subject to the penalties specified in Section 114395. (Added by Stats. 2014, Ch. 580, Sec. 7. (AB 1990) Effective January 1, 2015.)
  107. 114378.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.7. Fishermen’s Markets [114378 - 114378.3] ( Chapter 12.7 added by Stats. 2015, Ch. 615, Sec. 9. )

    Verify source ↗

    A fishermen’s market must comply with the listed chapter requirements unless it is exempt under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.7. Fishermen’s Markets [114378 - 114378.3] ( Chapter 12.7 added by Stats. 2015, Ch. 615, Sec. 9. ) ## 114378. A fishermen’s market shall meet the applicable requirements of Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with Section 113728), Chapter 3 (commencing with Section 113945), Chapter 4 (commencing with Section 113980), Chapter 5 (commencing with Section 114095), Chapter 6 (commencing with Section 114130), Chapter 7 (commencing with Section 114189), Chapter 8 (commencing with Section 114250), and Chapter 13 (commencing with Section 114380), unless exempted as provided in this chapter. (Added by Stats. 2015, Ch. 615, Sec. 9. (AB 226) Effective January 1, 2016.)
  108. 114378.1.

    ## 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 12.7. Fishermen’s Markets [114378 - 114378.3] ( Chapter 12.7 added by Stats. 2015, Ch. 615, Sec. 9. )

    Verify source ↗

    Rules for fishermen’s markets: fish must be sold raw, certain handling and filleting services need a health permit, and some uses of fish parts and raw fish are allowed.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.7. Fishermen’s Markets [114378 - 114378.3] ( Chapter 12.7 added by Stats. 2015, Ch. 615, Sec. 9. ) ## 114378.1. (a) Fish sold in a fishermen’s market shall be raw and may be displayed whole, eviscerated, or packaged by an onsite permitted temporary food facility or permitted food facility. A fisherman selling fish in a fishermen’s market shall only sell raw edible aquatic plants or fish that the fisherman caught legally, or that was caught by one or two other licensed commercial fishermen. If a fisherman sells fish caught by another licensed commercial fisherman, the fisherman shall provide a copy of that other fisherman’s commercial license and contact information upon the request of the enforcement agency. (b) A fishermen’s market may provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermen’s market as a temporary food facility, mobile food facility, fishermen’s market booth, or other facility approved by the enforcement agency. A separate health permit is required and applicable requirements for that category of permit shall be met. (c) Fish parts from the day’s operations may be used for bait by a licensed commercial fisherman or registered aquaculturist. (d) Ice used for refrigeration purposes shall not be used for consumption in food or beverages. (e) Notwithstanding subdivision (b) and Section 113818, raw fish may be eviscerated at a fishermen’s market. (Amended by Stats. 2021, Ch. 155, Sec. 10. (AB 831) Effective January 1, 2022.)
  109. 114378.2.

    ## 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 12.7. Fishermen’s Markets [114378 - 114378.3] ( Chapter 12.7 added by Stats. 2015, Ch. 615, Sec. 9. )

    Verify source ↗

    A fishermen’s market must meet sanitation, facility, posting, storage, and waste-handling 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 12.7. Fishermen’s Markets [114378 - 114378.3] ( Chapter 12.7 added by Stats. 2015, Ch. 615, Sec. 9. ) ## 114378.2. A fishermen’s market shall meet all of the following requirements: (a) Each fishermen’s market food booth shall post the name of the fisherman, vessel or farm, and acceptable market name of fish sold so they are legible and clearly visible to patrons. (b) Notwithstanding Section 113953, handwashing facilities for a fishermen’s market food both that operates for three consecutive days or less may include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow vigorous rubbing with soap and warm water for 10 to 15 seconds, inclusive. A catch basin shall be provided to collect wastewater, and the wastewater shall be properly disposed of according to Section 114197. (c) Handwashing facilities shall be equipped with handwashing cleanser and single-use sanitary towels. A separate receptacle shall be available for towel waste. (d) Notwithstanding Section 114205, potable water shall be available for handwashing and sanitizing as approved by the enforcement agency. (e) Approved toilet and handwashing facilities shall be available within 200 feet of the premises of a fishermen’s market or as approved by the enforcement agency. (f) All garbage and refuse shall be stored and disposed of in a manner approved by the enforcement agency. (g) Wastewater shall be disposed of in a facility connected to the public sewer system or in a manner approved by the enforcement agency. (h) Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair. (i) Overhead protection shall be provided over the evisceration process, food storage, food display, and warewashing areas. Overhead protection shall be made of wood, canvas, or other materials that protect the facility from precipitation, dust, bird and insect droppings, and other contaminants. (j) Notwithstanding Section 114095, approved warewashing facilities may be shared if the sink is centrally located and is adjacent to the sharing facilities. The enforcement agency may also approve use of warewashing facilities within a permanent facility if it is located within 200 feet of the premises of the fishermen’s market or as approved by the enforcement agency. (k) Food-related and utensil-related equipment shall be located and installed to prevent food contamination. (l) During periods of inoperation, food, food equipment, and utensils shall be stored within a fully enclosed facility approved by the enforcement agency, or in approved food compartments where the food, food equipment, and utensils are protected at all times from contamination, exposure to the elements, ingress of rodents or other vermin, and temperature abuse. (Added by Stats. 2015, Ch. 615, Sec. 9. (AB 226) Effective January 1, 2016.)
  110. 114378.3.

    ## 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 12.7. Fishermen’s Markets [114378 - 114378.3] ( Chapter 12.7 added by Stats. 2015, Ch. 615, Sec. 9. )

    Verify source ↗

    Before operating a fishermen’s market, a permit application and site plan must be submitted to the enforcement agency at least two weeks in advance.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.7. Fishermen’s Markets [114378 - 114378.3] ( Chapter 12.7 added by Stats. 2015, Ch. 615, Sec. 9. ) ## 114378.3. (a) A permit application and site plan shall be submitted to the enforcement agency at least two weeks prior to the operation of a fishermen’s market. Only California-licensed commercial fishermen or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists may act as the responsible person and sole permitholder for a fishermen’s market. The site plan shall include all of the following: (1) A map with proposed locations of the fishermen’s market food booths, boundaries of the fishermen’s market, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and handwashing facilities as applicable. (2) Details of the materials and methods used to construct the food booths. (3) Foods that will be handled and dispensed. (4) Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises. (5) Procedures for transporting food to and from the fishermen’s market and actions taken to prevent contamination. (6) List of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permitholder on their behalf. (b) A fishermen’s market may operate adjacent to, or in conjunction with, a food facility or a community event. In those situations, the fishermen’s market is only subject to the limitations and requirements of a fishermen’s market. The other food facilities remain subject to the limitations and requirements, including separate permit requirements, that are applicable to the type of facility being operated. (Added by Stats. 2015, Ch. 615, Sec. 9. (AB 226) Effective January 1, 2016.)
  111. 114379.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. )

    Verify source ↗

    This chapter sets nutritional standards for a restaurant’s children’s meals to support children’s 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 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. ) ## 114379. The purpose of this chapter is to support children’s health by setting nutritional standards for a restaurant’s children’s meals. (Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
  112. 114379.10.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. )

    Verify source ↗

    This section defines “children’s meal,” “default beverage,” and “restaurant” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. ) ## 114379.10. For purposes of this chapter, the following terms have the following meanings: (a) “Children’s meal” means a combination of food items and a beverage, or a single food item and a beverage, sold together at a single price, primarily intended for consumption by a child. (b) “Default beverage” means the beverage automatically included or offered as part of a children’s meal, absent a specific request by the purchaser of the children’s meal for an alternative beverage. (c) “Restaurant” means a retail food establishment that prepares, serves, and vends food directly to the consumer. (Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
  113. 114379.20.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. )

    Verify source ↗

    Restaurants that sell children’s meals must make the default beverage one of the listed options, and any beverage shown on a menu or advertisement for the children’s meal must also be one of those options.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. ) ## 114379.20. (a) A restaurant that sells a children’s meal shall make the default beverage offered with the children’s meal one of the following: (1) Water, sparkling water, or flavored water, with no added natural or artificial sweeteners. (2) Unflavored milk. (3) A nondairy milk alternative that contains no more than 130 calories per container or serving. For purposes of this paragraph, “nondairy milk alternative” means a non-dairy fluid milk substitute that meets the standards for the National School Lunch Program as set forth in Section 210.10 of Title 7 of the Code of Federal Regulations. (b) The beverage listed or displayed on a restaurant menu or advertisement for a children’s meal shall be one of the default beverages listed in subdivision (a). (Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
  114. 114379.30.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. )

    Verify source ↗

    A restaurant may sell, and a customer may buy, an alternative beverage instead of the default beverage with a children’s meal if the purchaser requests it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. ) ## 114379.30. This chapter does not prohibit a restaurant’s ability to sell, or a customer’s ability to purchase, an alternative beverage instead of the default beverage offered with the children’s meal, if requested by the purchaser of the children’s meal. (Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
  115. 114379.40.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. )

    Verify source ↗

    The local enforcement agency must implement, administer, and enforce this chapter. The department may issue rules and regulations to carry out the chapter’s 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 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. ) ## 114379.40. The local enforcement agency, as set forth in Section 113713, shall implement, administer, and enforce this chapter. The department may issue rules and regulations as necessary to carry out the purposes of this chapter. (Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
  116. 114379.50.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. )

    Verify source ↗

    Violations of this chapter are infractions; the first violation gets a notice, the second within five years can lead to a fine up to $250, and a third or later violation within five years can lead to a fine up to $500.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. ) ## 114379.50. A violation of this chapter is, notwithstanding Section 114395, an infraction, provided, however, that the first violation shall result in a notice of violation. A second violation within a five-year period from the notice of violation shall be punishable by a fine of not more than two hundred fifty dollars ($250). For a third or subsequent violation within a five-year period, the fine shall be not more than five hundred dollars ($500). A restaurant shall not be found to have committed a violation under this chapter more than once during an inspection visit. (Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
  117. 114379.60.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. )

    Verify source ↗

    This chapter must not be applied in a way that conflicts with federal or state law, and local agencies are not authorized to impose conflicting duties or obligations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 12.8. Children’s Meals [114379 - 114379.60] ( Chapter 12.8 added by Stats. 2018, Ch. 608, Sec. 2. ) ## 114379.60. This chapter shall be construed so as not to conflict with any federal or state law, rule, or regulation. This chapter does not authorize a local agency to impose any duty or obligation in conflict with a limitation on a local authority established by a federal or state law. If a court or agency of competent jurisdiction holds that a federal or state law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this chapter or the application thereof to any person or circumstances, it is the intent of the Legislature that the court or agency sever the clause, sentence, paragraph, or section so that the remainder of this chapter remains in effect. (Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
  118. 114380.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Plan Review and Permits [114380 - 114387] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Before building or remodeling a food facility, the applicant must submit plans and specs to the enforcement agency and get plan approval. The agency has set review deadlines, and the building department cannot issue a permit until approval is received.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Plan Review and Permits [114380 - 114387] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114380. (a) A person proposing to build or remodel a food facility shall submit complete, easily readable plans drawn to scale, and specifications to the enforcement agency for review, and shall receive plan approval before starting any new construction or remodeling of a facility for use as a retail food facility. (b) Plans and specifications may also be required by the enforcement agency if the agency determines that they are necessary to ensure compliance with the requirements of this part, including, but not limited to, a menu change or change in the facility’s method of operation. (c) (1) All new school food facilities or school food facilities that undergo modernization or remodeling shall comply with all structural requirements of this part. Upon submission of plans by a public school authority, the Division of the State Architect and the local enforcement agency shall review and approve all new and remodeled school facilities for compliance with all applicable requirements. (2) Notwithstanding subdivision (a), the Office of Statewide Health Planning and Development (OSHPD) shall maintain its primary jurisdiction over licensed skilled nursing facilities, and when new construction, modernization, or remodeling must be undertaken to repair existing systems or to keep up the course of normal or routine maintenance, the facility shall complete a building application and plan check process as required by OSHPD. Approval of the plans by OSHPD shall be deemed compliance with the plan approval process required by the local county enforcement agency described in this section. (3) Except when a determination is made by the enforcement agency that the nonconforming structural conditions pose a public health hazard, existing public and private school cafeterias, limited service charitable feeding operation facilities, and licensed health care facilities shall be deemed to be in compliance with this part pending replacement or renovation. (d) Except when a determination is made by the enforcement agency that the nonconforming structural conditions pose a public health hazard, existing food facilities that were in compliance with the law in effect on June 30, 2007, shall be deemed to be in compliance with the law pending replacement or renovation. If a determination is made by the enforcement agency that a structural condition poses a public health hazard, the food facility shall remedy the deficiency to the satisfaction of the enforcement agency. (e) The plans shall be approved or rejected within 20 working days after receipt by the enforcement agency and the applicant shall be notified of the decision. Unless the plans are approved or rejected within 20 working days, they shall be deemed approved. The building department shall not issue a building permit for a food facility until after it has received plan approval by the enforcement agency. This section does not require that plans or specifications be prepared by someone other than the applicant. (f) Notwithstanding subdivision (e), a tenant improvement plan for a restaurant, as those terms are defined in Section 66345.1 of the Government Code, shall be subject to the following procedure: (1) If the enforcement agency does not approve or deny the plan within 20 business days of receiving a complete plan, the plan shall be deemed approved for permitting purposes, provided that all fees and required documents have been submitted. (2) If a complete plan is denied within the 20-business-day period described in paragraph (1), the applicant may resubmit a corrected plan addressing the deficiencies identified in the initial denial. The enforcement agency’s review of each subsequent resubmission shall be limited to correcting the deficiencies identified in the initial denial. The enforcement agency shall approve or deny each subsequent resubmission within 10 business days of receipt. (Amended by Stats. 2025, Ch. 470, Sec. 4. (AB 671) Effective January 1, 2026.)
  119. 114381.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Plan Review and Permits [114380 - 114387] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A food facility cannot open without a valid permit, and permits must be posted. The enforcement agency must issue permits when the proposed facility meets the approved plans or the part’s requirements, and fees and related service costs may be charged. The section also restricts disclosure of certain personal 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Plan Review and Permits [114380 - 114387] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114381. (a) A food facility shall not be open for business without a valid permit. (b) A permit shall be issued by the enforcement agency when investigation has determined that the proposed facility and its method of operation meet the specifications of the approved plans or conform to the requirements of this part. (c) A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity and, unless suspended or revoked for cause, for the time period indicated. (d) Any fee for the permit or registration or related services, including, but not limited to, the expenses of inspecting and impounding any utensil suspected of releasing lead or cadmium in violation of Section 108860 as authorized by Section 114393, review of HACCP plans, and alternative means of compliance shall be determined by the local governing body. Fees shall be sufficient to cover the actual expenses of administering and enforcing this part. The moneys collected as fees shall only be expended for the purpose of administering and enforcing this part. (e) A permit shall be posted in a conspicuous place in the food facility or in the office of a vending machine business. (f) Any person requesting the enforcement agency to undertake activity pursuant to Sections 114149.1 and 114419.3 shall pay the enforcement agency’s costs incurred in undertaking the activity. The enforcement agency’s services shall be assessed at the current hourly cost recovery rate. (g) (1) Except as otherwise required by state or federal law, an enforcement agency shall not provide voluntary consent to any individual to access, review, or obtain any of the enforcement agency’s records obtained pursuant to this part that include personally identifiable information of any sidewalk vendor or any operator or employee of a compact mobile food operation in the jurisdiction without a subpoena or judicial warrant. This section does not prohibit an enforcement agency from challenging the validity of a subpoena or judicial warrant in a federal district court. (2) An enforcement agency and its personnel shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any sidewalk vendor or any operator or employee of a compact mobile food operation obtained pursuant to this part that is requested, except pursuant to a subpoena or a valid judicial warrant. (h) For purposes of this section, “personally identifiable information” means an individual’s name, business name, home address, business address, birthdate, telephone number, business location, California driver’s license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, seller’s permit number, social security number, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual. (Amended by Stats. 2025, Ch. 463, Sec. 7. (SB 635) Effective January 1, 2026.)
  120. 114381.1.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Plan Review and Permits [114380 - 114387] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A person or organization responsible for shared food-facility areas must get an extra permit, and the permit application plus site plan must be submitted to the enforcement agency at least two weeks before any food facility starts operating.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Plan Review and Permits [114380 - 114387] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114381.1. In addition to the permit issued to each food facility participating in a community event or swap meet, a permit shall be obtained by the person or organization responsible for facilities that are shared by two or more food facilities. (a) The permit application and site plan shall be submitted to the enforcement agency at least two weeks prior to operation of any food facility. (b) The site plan shall show the proposed locations of the food facilities, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and handwashing facilities. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  121. 114381.2.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Plan Review and Permits [114380 - 114387] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Each temporary food facility operator must submit a permit application to the enforcement agency.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Plan Review and Permits [114380 - 114387] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114381.2. A permit application shall be submitted to the enforcement agency by each temporary food facility operator that includes all of the following: (a) A site plan that indicates the proposed layout of equipment, food preparation tables, food storage, warewashing, and handwashing facilities. (b) Details of the materials and methods used to construct the temporary food facility. (c) All food products that will be handled and dispensed. (d) The proposed procedures and methods of food preparation and handling. (e) Procedures, methods, and schedules for cleaning utensils, equipment, and structures, and for the disposal of refuse. (f) How food will be transported to and from a permanent food facility or other approved food facility and the temporary food facility, and steps taken to prevent contamination of foods. (g) How potentially hazardous foods will be maintained at or below 41°F or at or above 135°F. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  122. 114381.3.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Plan Review and Permits [114380 - 114387] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    For compact mobile food operation permits, the enforcement agency must accept certain alternative ID numbers, must not ask for immigration/citizenship or criminal-history information, and must keep collected personal information confidential.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Plan Review and Permits [114380 - 114387] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114381.3. (a) A permit application for a compact mobile food operation shall comply with all of the following requirements: (1) An enforcement agency shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the enforcement agency otherwise requires a social security number for a permit, and the number collected shall not be available to the public for inspection, shall be confidential, and shall not be disclosed except as required to administer the permit or licensure program or to comply with a state law or state or federal court order. (2) The enforcement agency shall not inquire into or collect information about an individual’s immigration or citizenship status or place of birth. (3) (A) The enforcement agency shall not inquire into or collect information or documentation regarding an individual’s criminal history, and shall not require an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit. (B) Notwithstanding any other law, including Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, an enforcement agency that inquired into or collected information or documentation regarding an individual’s place of birth or criminal history, required an applicant to submit fingerprints or complete a LiveScan fingerprinting, or performed a background check before January 1, 2026, shall destroy those records on or before March 1, 2026, unless those records are expressly required by law to be preserved. (b) Any personally identifiable information collected by an enforcement agency pursuant to this section shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) For purposes of this section, “personally identifiable information” means an individual’s name, business name, home address, business address, birthdate, telephone number, business location, California driver’s license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, seller’s permit number, social security number, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual. (Added by Stats. 2025, Ch. 463, Sec. 8. (SB 635) Effective January 1, 2026.)
  123. 114387.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Plan Review and Permits [114380 - 114387] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Food facility operators must get all necessary permits, including one from the enforcement agency.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 1. Plan Review and Permits [114380 - 114387] ( Article 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114387. Any person who operates a food facility shall obtain all necessary permits to conduct business, including, but not limited to, a permit issued by the enforcement agency. In addition to the penalties under Article 2 (commencing with Section 114390), violators who operate without the necessary permits shall be subject to closure of the food facility and a penalty not to exceed three times the cost of the permit. (Amended by Stats. 2009, Ch. 571, Sec. 64. (SB 241) Effective October 11, 2009.)
  124. 114390.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Enforcement [114390 - 114399] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Enforcement officers must enforce this part, and they may inspect, enter, sample, cite, and collect evidence from covered food-related facilities and vehicles under stated 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Enforcement [114390 - 114399] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114390. (a) Enforcement officers shall enforce this part and all regulations adopted pursuant to this part. (b) (1) For purposes of enforcement, any authorized enforcement officer may, during the facility’s hours of operation and other reasonable times, enter, inspect, issue citations to, and secure any sample, photographs, or other evidence from a food facility, cottage food operation, or any facility suspected of being a food facility or cottage food operation, or a vehicle transporting food to or from a retail food facility, when the vehicle is stationary at an agricultural inspection station, a border crossing, or at any food facility under the jurisdiction of the enforcement agency, or upon the request of an incident commander. (2) If a food facility is operating under an HACCP plan, the enforcement officer may, for the purpose of determining compliance with the plan, secure as evidence any documents, or copies of documents, relating to the facility’s adherence to the HACCP plan. Inspection may, for the purpose of determining compliance with this part, include any record, file, paper, process, HACCP plan, invoice, or receipt bearing on whether food, equipment, or utensils are in violation of this part. (3) The enforcement officer may, for the purpose of determining compliance with the gross annual sales requirements for operating a microenterprise home kitchen operation or a cottage food operation, require those operations to provide copies of documents related to determining gross annual sales. (c) Notwithstanding subdivision (a), an employee may refuse entry to an enforcement officer who is unable to present official identification showing the enforcement officer’s picture and enforcement agency name. In the absence of the identification card, a business card showing the enforcement agency’s name plus a picture identification card such as a driver’s license shall meet this requirement. (d) It is a violation of this part for any person to refuse to permit entry or inspection, the taking of samples or other evidence, access to copy any record as authorized by this part, to conceal any samples or evidence, withhold evidence concerning them, or interfere with the performance of the duties of an enforcement officer, including making verbal or physical threats or sexual or discriminatory harassment. (e) A written report of the inspection shall be made, and a copy shall be supplied or mailed to the owner, manager, or operator of the food facility. (Amended by Stats. 2018, Ch. 470, Sec. 7. (AB 626) Effective January 1, 2019.)
  125. 114393.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Enforcement [114390 - 114399] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    An enforcement officer may impound unsafe or suspected-contaminated food, equipment, or utensils, and the impounded items cannot be used until released.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Enforcement [114390 - 114399] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114393. (a) Based upon inspection findings or other evidence, an enforcement officer may impound food, equipment, or utensils that are found to be, or suspected of being, unsanitary or in such disrepair that food, equipment, or utensils may become contaminated or adulterated, and inspect, impound, or inspect and impound any utensil that is suspected of releasing lead or cadmium in violation of Section 108860. The enforcement officer may attach a tag to the food, equipment, or utensils that shall be removed only by the enforcement officer following verification that the condition has been corrected. (b) No food, equipment, or utensils impounded pursuant to subdivision (a) shall be used unless the impoundment has been released. (c) Within 30 days, the enforcement agency that has impounded the food, equipment, or utensils pursuant to subdivision (a) shall commence proceedings to release the impounded materials or to seek administrative or legal remedy for its disposition. (Amended by Stats. 2007, Ch. 96, Sec. 57. Effective July 20, 2007.)
  126. 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Enforcement [114390 - 114399] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A person who violates this part or regulations adopted under it is guilty of a misdemeanor and may be fined, jailed in county jail, or both, unless another rule in the part provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Enforcement [114390 - 114399] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114395. Except as otherwise provided in this part, any person who violates any provision of this part or regulation adopted pursuant to this part is guilty of a misdemeanor. Each offense shall be punished by a fine of not less than twenty-five dollars ($25) or more than one thousand dollars ($1,000) or by imprisonment in the county jail for a term not exceeding six months, or by both fine and imprisonment. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  127. 114397.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Enforcement [114390 - 114399] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The owner, manager, or operator of a food facility is responsible for employee violations of this part or related regulations, and each day a violation continues is a separate offense.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Enforcement [114390 - 114399] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114397. The owner, manager, or operator of any food facility is responsible for any violation by an employee of any provision of this part or any regulation adopted pursuant to this part. Each day the violation occurs shall be a separate and distinct offense. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  128. 114399.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Enforcement [114390 - 114399] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A violation involving shared facilities is treated as a violation for which each food facility’s owner, manager, or operator is responsible.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 2. Enforcement [114390 - 114399] ( Article 2 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114399. A violation of any provision of this part or regulation adopted pursuant to this part relating to facilities held in common or shared by more than one food facility shall be deemed a violation for which the owner, manager, or operator of each food facility is responsible. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  129. 114405.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Permit Suspension or Revocation [114405 - 114413] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A local enforcement officer may suspend or revoke a permit for a violation, and the permitholder must request any hearing within 15 calendar days after receiving notice.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Permit Suspension or Revocation [114405 - 114413] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114405. (a) A permit may be suspended or revoked by a local enforcement officer for a violation of this part. Any food facility or cottage food operation for which the permit has been suspended shall close and remain closed until the permit has been reinstated. Any food facility or cottage food operation for which the permit has been revoked shall close and remain closed until a new permit has been issued. (b) Whenever a local enforcement officer finds that a food facility or cottage food operation is not in compliance with the requirements of this part, a written notice to comply shall be issued to the permitholder. If the permitholder fails to comply, the local enforcement officer shall issue to the permitholder a notice setting forth the acts or omissions with which the permitholder is charged, and informing him or her of a right to a hearing, if requested, to show cause why the permit should not be suspended or revoked. A written request for a hearing shall be made by the permitholder within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this 15-day period to expedite the permit suspension or revocation process. (c) The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the permitholder, the hearing officer may postpone any hearing date, if circumstances warrant the action. (Amended by Stats. 2012, Ch. 415, Sec. 15. (AB 1616) Effective January 1, 2013.)
  130. 114407.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Permit Suspension or Revocation [114405 - 114413] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The hearing officer must give the permitholder a written decision within five working days after the hearing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Permit Suspension or Revocation [114405 - 114413] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114407. The hearing officer shall issue a written notice of decision to the permitholder within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permitholder is charged, and shall state the terms of the suspension or that the permit has been revoked. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  131. 114409.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Permit Suspension or Revocation [114405 - 114413] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    An enforcement officer may temporarily suspend a permit and close the food facility if an imminent health hazard is found, unless the hazard is corrected immediately.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Permit Suspension or Revocation [114405 - 114413] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114409. (a) If any imminent health hazard is found, unless the hazard is immediately corrected, an enforcement officer may temporarily suspend the permit and order the food facility or cottage food operation immediately closed. (b) Whenever a permit is suspended as the result of an imminent health hazard, the enforcement officer shall issue to the permitholder a notice setting forth the acts or omissions with which the permitholder is charged, specifying the pertinent code section, and informing the permitholder of the right to a hearing. (c) At any time within 15 calendar days after service of a notice pursuant to subdivision (b), the permitholder may request in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to a hearing. (Amended by Stats. 2012, Ch. 415, Sec. 16. (AB 1616) Effective January 1, 2013.)
  132. 114411.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Permit Suspension or Revocation [114405 - 114413] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The enforcement agency may modify, suspend, or revoke a permit after giving an opportunity for a hearing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Permit Suspension or Revocation [114405 - 114413] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114411. The enforcement agency may, after providing opportunity for a hearing, modify, suspend, or revoke a permit for serious or repeated violations of any requirement of this part or for interference in the performance of the duty of the enforcement officer. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  133. 114413.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Permit Suspension or Revocation [114405 - 114413] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A permit may be reinstated, or a new permit issued, if the enforcement agency determines the suspension or revocation reasons no longer exist.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 3. Permit Suspension or Revocation [114405 - 114413] ( Article 3 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114413. A permit may be reinstated or a new permit issued if the enforcement agency determines that the conditions that prompted the suspension or revocation no longer exist. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  134. 114417.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The department may issue a variance only for the provisions in Section 113936, if the alternative practice or procedure is equivalent to this part’s requirements and does 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114417. The department may issue a variance for only the provisions set forth in Section 113936, if in the opinion of the department, the alternative practice or procedure is equivalent to the respective requirements of this part and the alternative practice or procedure does not result in a health hazard. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  135. 114417.1.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The department must create a variance application form within 180 days after the part takes effect, and applicants must submit the application with the required fees.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114417.1. (a) Within 180 days after the effective date of this part, the department shall develop the form of application that an applicant for a variance must submit. The department may amend the form as it deems appropriate. The application shall contain, at a minimum, the following information: (1) A detailed description of the requested variance, including citation to the relevant subdivisions specified in Section 113936. (2) An analysis of the science-based rationale upon which the proposed alternate practice or procedure is based, to include, if and as appropriate, microbial challenge and process validation studies demonstrating how potential health hazards dealt with in those subdivisions that are relevant to the requested variance will be addressed. (3) A description of the specific procedures, processes, monitoring steps, and other relevant protocols that will be implemented pursuant to the variance to address potential health hazards dealt with in those subdivisions specified in Section 113936 that are relevant to the requested variance. (4) An HACCP plan, if required pursuant to Section 114419, that includes all applicable information relevant to the requested variance. (b) An application for a variance shall be submitted to the department, and must be accompanied at the time of submission by the fees specified in subdivision (c). (c) Each application for a variance shall be accompanied at the time of submission by payment of fees sufficient to pay the necessary costs of the department as specified in Section 113717. Any overpayment by the applicant in excess of the recovery rate and other costs incurred shall be repaid to the applicant within 30 calendar days after final action is taken by the department on the application. (Amended by Stats. 2007, Ch. 96, Sec. 58. Effective July 20, 2007.)
  136. 114417.2.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The department must review variance applications, decide within 45 calendar days after a complete compliant application whether the alternate practice is acceptable and equivalent, issue a variance letter if it grants the variance, and send a copy to local enforcement agencies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114417.2. (a) Upon receipt of an application for a variance, the department shall determine whether the application is substantially complete and in compliance with Section 114417.1. Within 45 calendar days after submission of a complete application that complies with Section 114417.1, the department shall determine whether the alternate practice or procedure described in the application is satisfactory and at least the equivalent of the requirements of this part relating to preventing a health hazard. (b) In the event that the department grants the variance, it shall issue to the applicant a variance letter that shall include, but not be limited to, the information specified in Section 114417.3. (c) The department shall transmit a copy of its variance letter to all local enforcement agencies. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  137. 114417.3.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A variance letter must include or reference specified information, department findings about hazards and how the variance addresses them, any operating restrictions or requirements, and, when appropriate, the particular events, locations, and operations covered.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114417.3. Each variance letter shall include, have attached to it, or reference each of the following: (a) The information specified in Section 114417.1. That information may be presented verbatim, in summary form, or by means of attachment. (b) Detailed findings by the department as to the nature and extent of the potential hazards, if any, that might be implicated with respect to the requirements specified in this part, and the manner in which the alternate practice or procedure specified in the variance will address those hazards. (c) The specifics of any operating restrictions or requirements upon which the granting of the variance is conditioned. (d) If appropriate, the particular events, locations, and operations for which the variance is granted. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  138. 114417.4.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A variance letter is valid only for the facilities, events, locations, and operations specifically listed, and only on the terms and conditions of the variance. Variances granted by the department bind every local enforcement agency.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114417.4. A variance letter shall be valid solely with respect to those food facilities, events, locations, and operations expressly set forth and only on the specific terms and conditions upon which the variance is granted. A variance granted by the department shall be binding on every local enforcement agency. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  139. 114417.5.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The permitholder must keep a copy of the variance letter on file at the food facility and make it available for inspection.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114417.5. The permitholder shall retain a copy of the variance letter on file at the food facility at all times and shall make it available for inspection by the enforcement officer. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  140. 114417.6.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    If a variance is granted, or an HACCP plan is required, the permitholder must follow the approved HACCP plan and keep and provide certain records when requested.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114417.6. If the department grants a variance, or if an HACCP plan is required pursuant to Section 114419, the permitholder shall do both of the following: (a) Comply with the HACCP plan and procedures that are submitted as specified in Sections 114419.1 and 114419.2 and approved as a condition for the granting of the variance. (b) Maintain and provide to the enforcement agency, upon request, records specified under a HACCP plan, or otherwise pursuant to the variance letter, that demonstrate that the following are routinely employed: (1) Procedures for monitoring critical control points. (2) Monitoring of the critical control points. (3) Verification of the effectiveness of an operation or process. (4) Necessary corrective actions if there is a failure at a critical control point. (Amended by Stats. 2007, Ch. 96, Sec. 59. Effective July 20, 2007.)
  141. 114417.7.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The department may suspend or revoke a variance for hazard or noncompliance reasons, but only after written notice and an opportunity for the permitholder to be heard.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 4. Variance [114417 - 114417.7] ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114417.7. (a) The department may suspend or revoke a variance if either of the following occurs: (1) The department determines that the variance poses a hazard due to changes in scientific knowledge or the nature and extent of any hazard that might result. (2) There is a finding that the food facility is not complying with specific terms and conditions pursuant to which the variance was granted. (b) The department may suspend or revoke a variance upon the grounds specified in this section only after giving the permitholder written notice of the proposed suspension or revocation, which shall include the specific reasons why the variance is proposed to be suspended or revoked. The permitholder shall be given an opportunity to be heard, in person, in writing, or through a representative, at least 24 hours before the variance can be suspended or revoked. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  142. 114419.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. HACCP Exemptions [114419 - 114423] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Food facilities may do certain food-preservation and packaging activities only when covered by an HACCP plan; some reduced-oxygen packaging is allowed only if specific safety standards are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. HACCP Exemptions [114419 - 114423] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114419. (a) Food facilities may engage in any of the following activities only pursuant to an HACCP plan as specified in Section 114419.1: (1) Smoking food as a method of food preservation rather than as a method of flavor enhancement. (2) Curing food. (3) Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement, or to render a food so that it is not potentially hazardous. (4) Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption. (5) Custom processing animals that are for personal use as food and not for sale or service in a food facility. (6) Preparing food by another method that is determined by the enforcement agency to require an HACCP plan. (b) Food facilities may engage in the following only pursuant to an HACCP plan that has been approved by the department: (1) Using acidification or water activity to prevent the growth of Clostridium botulinum. (2) Packaging potentially hazardous food using a reduced-oxygen packaging method as specified in Section 114057.1, except if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food: (A) The food is labeled with the production time and date. (B) The food is held at 41 degrees Fahrenheit or lower during refrigerated storage. (C) The food is removed from its package in the food facility within 48 hours after packaging. (Amended by Stats. 2016, Ch. 195, Sec. 16. (SB 1067) Effective January 1, 2017.)
  143. 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. HACCP Exemptions [114419 - 114423] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A food facility that must have an HACCP plan under Section 114419 must make that plan and its specifications include the listed required 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. HACCP Exemptions [114419 - 114423] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114419.1. For a food facility that is required under Section 114419 to have an HACCP plan, the plan and specifications shall indicate all of the following: (a) A flow diagram of the specific food for which the HACCP plan is requested, identifying critical control points and providing information on the following: (1) Ingredients, materials, and equipment used in the preparation of that food. (2) Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved. (b) A food employee and supervisory training plan that addresses the food safety issues of concern. (c) A statement of standard operating procedures for the plan under consideration including clearly identifying the following: (1) Each critical control point. (2) The critical limits for each critical control point. (3) The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge. (4) The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points. (5) Action to be taken by the person in charge if the critical limits for each critical control point are not met. (6) Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed. (d) Additional scientific data or other information, as required by the department, supporting the determination that food safety is not compromised by the proposal. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  144. 114419.2.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. HACCP Exemptions [114419 - 114423] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section requires HACCP training, verification, recordkeeping, and equipment calibration for covered food facilities and employees.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. HACCP Exemptions [114419 - 114423] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114419.2. (a) Applicable HACCP training shall be provided and documented for food employees who work in the preparation of food for which an HACCP plan has been implemented. Training given to food employees shall be documented as to date, trainer, and subject. (b) Verification of critical limits specified in an HACCP plan shall be conducted by a laboratory approved by the department prior to implementation of the HACCP plan. Documentation of laboratory verification shall be maintained with the HACCP plan for the duration of its implementation. (c) No verification of the effectiveness of a critical limit shall be required if the critical limits used in the HACCP plan do not differ from the critical limits set forth in this part. (d) The person operating a food facility pursuant to a HACCP plan shall designate at least one person to be responsible for verification of the HACCP plan. Training for the designated person shall include the seven principles of HACCP and the contents of the HACCP plan as described in Section 114419.1. HACCP training records of the designated person shall be retained for the duration of employment, or a period of not less than two years, whichever is greater. (e) Critical limit monitoring equipment shall be suitable for its intended purpose and shall be calibrated as specified by its manufacturer. The food facility shall maintain all calibration records for a period not less than two years. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  145. 114419.3.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. HACCP Exemptions [114419 - 114423] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The enforcement agency generally does not have to review or approve an HACCP plan, and it must collect fees only to cover review, inspection, and lab sample costs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. HACCP Exemptions [114419 - 114423] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114419.3. (a) Except as specified in Section 114419, nothing in this section shall be deemed to require the enforcement agency to review or approve an HACCP plan. (b) The enforcement agency shall collect fees sufficient only to cover the costs for review, inspections, and any laboratory samples taken. (c) An HACCP plan may be disapproved if it does not comply with HACCP principles. (d) The enforcement agency may suspend or revoke its approval of an HACCP plan without prior notice if the agency finds any of the following: (1) The plan poses a public health risk due to changes in scientific knowledge or the hazards present. (2) The food facility does not have the ability to follow its HACCP plan. (3) The food facility does not consistently follow its HACCP plan. (e) Within 30 days of written notice of suspension or revocation of approval, the food facility may request a hearing to present information as to why the HACCP plan suspension or revocation should not have taken place or to submit HACCP plan changes. (f) The hearing shall be held within 15 working days of the receipt of a request for a hearing. Upon written request of the permitholder, the hearing officer may postpone any hearing date, if circumstances warrant that action. (g) The hearing officer shall issue a written notice of decision within five working days following the hearing. If the decision is to suspend or revoke approval, the reason for suspension or revocation shall be included in the written decision. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  146. 114421.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. HACCP Exemptions [114419 - 114423] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Food facilities that identify a trade secret must provide that information in writing to the enforcement agency, and the enforcement agency must keep qualifying trade-secret information confidential to the extent allowed by law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. HACCP Exemptions [114419 - 114423] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114421. (a) Each food facility that identifies a trade secret shall provide in writing to the enforcement agency the information they consider to be a trade secret. (b) The enforcement agency shall treat as confidential, to the extent allowed by law, information that meets the criteria specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified under Section 114419.1. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  147. 114423.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. HACCP Exemptions [114419 - 114423] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A microbial challenge study may be submitted to the enforcement agency for review to verify that a food is not potentially hazardous 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 5. HACCP Exemptions [114419 - 114423] ( Article 5 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114423. A microbial challenge study may be submitted to the enforcement agency for review for purposes of verifying that a food does not constitute a potentially hazardous food. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  148. 114425.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Exemptions [114425 - 114429.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    This section exempts certain duck products from Section 113996 for limited times if cooking and preparation conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Exemptions [114425 - 114429.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114425. Raw duck that otherwise would be readily perishable shall be exempt from Section 113996 for a period not to exceed two hours, if the duck will subsequently be cooked at or above a temperature of 350°F for at least 60 minutes. (a) Whole Chinese-style roast duck shall be exempt from Section 113996 for a period not to exceed four hours after the duck is prepared, if the methods used to prepare the food inhibit the growth of microorganisms that can cause food infections or food intoxications. Nothing in this section shall be construed to supersede any provisions of this part, except the provisions specified in this section. (b) For the purposes of this section, “Chinese-style roast duck” shall include, but not be limited to, Chinese-style barbecue duck, dry hung duck, and Peking duck. “Chinese-style roast duck” means duck which is prepared as follows: (1) The abdominal cavity is cleaned. (2) The duck is marinated. (3) The cavity is closed prior to cooking. (4) The duck is roasted at a temperature of 350°F or more for at least 60 minutes. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  149. 114427.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Exemptions [114425 - 114429.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The Mercado La Paloma is exempt from Section 114266 if it meets listed conditions, including enclosure, control, storage protection, and use of air curtains.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Exemptions [114425 - 114429.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114427. The Mercado La Paloma, located at 3655 South Grand Avenue in Los Angeles, operated by Esperanza Community Housing Corporation, which is a public market open only on one side that meets the following criteria, shall be exempt from Section 114266: (a) All facilities inside the Mercado La Paloma have overhead protection that extends over all food items. (b) All facilities inside the Mercado La Paloma are enclosed on at least two sides. (c) All facilities inside the Mercado La Paloma are under the constant and complete control of the operator. (d) During periods of inoperation, food, utensils, and related items shall be stored so as to be adequately protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse. (e) During all hours of operation, air curtains shall be in operation over all unclosed door openings to the outside to exclude flying pests. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  150. 114429.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Exemptions [114425 - 114429.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A food facility may sell Korean rice cakes kept at room temperature for no more than 24 hours, but they must be destroyed at the end of the operating day in a manner approved by the enforcement agency.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Exemptions [114425 - 114429.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114429. (a) Notwithstanding Sections 113996 and 114343 and if permitted by federal law, a food facility may sell Korean rice cakes that have been at room temperature for no more than 24 hours. (b) At the end of the operating day, Korean rice cakes that have been at room temperature for no more than 24 hours shall be destroyed in a manner approved by the enforcement agency. (c) For purposes of this section, a “Korean rice cake” is defined as a confection that contains rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts, dried fruits, and dried pumpkin. The ingredient shall not include any animal fats or any other products derived from animals. (d) All manufacturers of Korean rice cakes shall place a label on the Korean rice cake as prescribed by Section 111223. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  151. 114429.3.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Exemptions [114425 - 114429.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A food facility may sell Vietnamese rice cakes only if they have been held at 70°F or below for no more than 24 hours, and the cakes must be labeled as required by Section 111223.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Exemptions [114425 - 114429.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114429.3. (a) Notwithstanding Sections 113996 and 114343 and if permitted by federal law, a food facility may sell Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit for no more than 24 hours. (b) Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit but have been stored for more than 24 hours shall be destroyed in a manner approved by the enforcement agency. (c) All Vietnamese rice cakes shall bear a label meeting the requirements of Section 111223. (Added by Stats. 2016, Ch. 193, Sec. 4. (SB 969) Effective January 1, 2017.)
  152. 114429.5.

    ## 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Exemptions [114425 - 114429.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A food facility may sell certain Asian rice-based noodles if federal law allows it, but noodles kept at room temperature are limited to four hours and must then be consumed, cooked, segregated, or destroyed as specified.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 6. Exemptions [114425 - 114429.5] ( Article 6 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114429.5. (a) Notwithstanding Sections 113996 and 114343, and if permitted by federal law, a food facility may sell Asian rice-based noodles that have been kept at room temperature for no more than four hours. (b) Asian rice-based noodles that have been kept at room temperature shall be consumed or cooked within four hours of the date and time labeled on the product. Asian rice-based noodles that have been kept at room temperature shall be segregated for destruction from other Asian rice-based noodles in a manner approved by the local enforcement agency after four hours of the date and time labeled on the product. (c) At the end of the operating day, Asian rice-based noodles that have been kept at room temperature for more than four hours shall be destroyed in a manner approved by the local enforcement agency. (d) (1) For purposes of this section, an “Asian rice-based noodle” means a rice-based pasta that contains rice powder, water, wheat starch, vegetable cooking oil, and optional ingredients to modify the pH or water activity, or to provide a preservative effect. The ingredients shall not include any animal fats or any other products derived from animals. An Asian rice-based noodle is prepared by using a traditional method that includes cooking by steaming at not less than 130 degrees Fahrenheit, for not less than four minutes. (2) If the Asian rice-based noodles maintain a pH of not more than 4.6, as measured at a temperature of 76 degrees Fahrenheit, a water activity of 0.85 or below, or have been determined by the department to be a nonpotentially hazardous food based on formulation and supporting laboratory documentation submitted to the department by the manufacturer, the restrictions provided in subdivisions (a) to (c), inclusive, shall not apply to the Asian rice-based noodles. (Amended by Stats. 2012, Ch. 658, Sec. 3. (SB 1465) Effective January 1, 2013.)
  153. 114432.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 7. Food Facility Food Donations [114432 - 114435] ( Article 7 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    A person, gleaner, or food facility may donate food to a food bank or other nonprofit charitable organization, and food facilities may also donate food directly to end recipients.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 7. Food Facility Food Donations [114432 - 114435] ( Article 7 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114432. (a) A person, gleaner, or food facility may donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge. Food facilities may donate food directly to end recipients for consumption. (b) For purposes of this section, “person” has the same meaning as defined in Section 1714.25 of the Civil Code. (c) For purposes of this section “gleaner” has the same meaning as defined in Section 1714.25 of the Civil Code. (Amended by Stats. 2017, Ch. 619, Sec. 6. (AB 1219) Effective January 1, 2018.)
  154. 114433.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 7. Food Facility Food Donations [114432 - 114435] ( Article 7 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Food donors covered by Section 114432 are shielded from civil or criminal liability or penalties for certain labeling, packaging, and post-donation violations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 7. Food Facility Food Donations [114432 - 114435] ( Article 7 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114433. A person, gleaner, or food facility that donates food as permitted by Section 114432 shall not be subject to civil or criminal liability or penalty for violation of any laws, regulations, or ordinances regulating the labeling or packaging of the donated product or, with respect to any other laws, regulations, or ordinances, for a violation occurring after the time of the donation. The donation of nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act. The donation of perishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act if the person that distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome. (Amended by Stats. 2017, Ch. 619, Sec. 7. (AB 1219) Effective January 1, 2018.)
  155. 114434.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 7. Food Facility Food Donations [114432 - 114435] ( Article 7 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    The immunities in this section add to any other immunities provided by law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 7. Food Facility Food Donations [114432 - 114435] ( Article 7 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114434. The immunities provided in Section 114433 and by Section 1714.25 of the Civil Code, the California Good Samaritan Food Donation Act, are in addition to any other immunities provided by law, including those provided by Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code. (Amended by Stats. 2017, Ch. 619, Sec. 8. (AB 1219) Effective January 1, 2018.)
  156. 114435.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 7. Food Facility Food Donations [114432 - 114435] ( Article 7 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    Enforcement officers must promote recovery of edible food during routine inspections.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 7. Food Facility Food Donations [114432 - 114435] ( Article 7 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114435. In implementing this article, enforcement officers shall promote the recovery of food fit for human consumption during their normal, routine inspections. Promotion shall include, but not be limited to, newsletters, bulletins, and handouts that inform retail food facility operators about the protections from civil and criminal liability when donating food. (Added by Stats. 2017, Ch. 619, Sec. 9. (AB 1219) Effective January 1, 2018.)
  157. 114437.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 8. Child Day Care Facilities, Community Care Facilities, and Residential Care Facilities for the Elderly [114437- 114437.] ( Article 8 added by Stats. 2006, Ch. 23, Sec. 2. )

    Verify source ↗

    If a specific appropriation is available, the State Department of Social Services must develop new food-preparation regulations for certain care facilities and consult with the Department and the State Department of Education when developing proposed provisions for child day care 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 13. Compliance and Enforcement [114380 - 114437] ( Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2. ) ## ARTICLE 8. Child Day Care Facilities, Community Care Facilities, and Residential Care Facilities for the Elderly [114437- 114437.] ( Article 8 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 114437. If and when a specific appropriation is made available, the State Department of Social Services shall develop new regulations regarding food preparation provisions for child day care facilities, community care facilities, and residential care facilities for the elderly that would carry out the intent of this part to ensure the health and safety of individuals and that would not adversely affect those facilities that are safely operated. In developing proposed food preparation provisions for child day care facilities, the State Department of Social Services shall consult with the department and the State Department of Education. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  158. 11450.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 7. Department of Justice [11450 - 11454] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 867, Sec. 10. )

    Verify source ↗

    The Attorney General may hire necessary Department of Justice staff, subject to the State Civil Service Act.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 7. Department of Justice [11450 - 11454] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 867, Sec. 10. ) ## 11450. The Attorney General may, in conformity with the State Civil Service Act, Part 2 (commencing with Section 18500), Division 5, Title 2 of the Government Code, employ such agents, chemists, clerical, and other employees as are necessary for the conduct of the affairs of the Department of Justice in carrying out its responsibilities specified in this division. (Added by renumbering Section 11452 by Stats. 1974, Ch. 1403.)
  159. 11454.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 7. Department of Justice [11450 - 11454] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 867, Sec. 10. )

    Verify source ↗

    The Attorney General and authorized agents may spend necessary sums to buy controlled substances for evidence and hire operators to obtain evidence.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 7. Department of Justice [11450 - 11454] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 867, Sec. 10. ) ## 11454. The Attorney General and the agents appointed by him, when authorized so to do by the Attorney General, may expend such sums as the Attorney General deems necessary in the purchase of controlled substances for evidence and in the employment of operators to obtain evidence. The sums so expended shall be repaid to the officer making the expenditures upon claims approved by the Attorney General and subject to postaudit by the Department of Finance. The claims when approved shall be paid out of the funds appropriated or made available by law for the support or use of the Department of Justice. (Amended by Stats. 1974, Ch. 1403.)
  160. 114650.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 1. General Provisions [114650 - 114655] ( Article 1 repealed and added by Stats. 1998, Ch. 543, Sec. 5. )

    Verify source ↗

    This section defines terms used in the chapter on radiation protection.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 1. General Provisions [114650 - 114655] ( Article 1 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## 114650. (a) As used in this chapter, the following definitions shall apply: (1) “Agency” or “office” means the Office of Emergency Services. (2) “Department” means the State Department of Public Health. (3) “Disburse or disbursement” means a payment in advance from the Nuclear Planning Assessment Special Account, as specified in paragraph (5) of subdivision (b) of Section 8610.5 of the Government Code. (4) “Emergency planning zone” means a zone identified in state and local government emergency plans where immediate decisions for effective public protective action from radiation may be necessary. (5) “Exercise” means an event that tests emergency plans and organizations and that the Federal Emergency Management Agency evaluates pursuant to Part 350 (commencing with Section 350.1) of Subchapter E of Chapter I of Title 44 of the Code of Federal Regulations. (6) “Ingestion pathway phase” means the period beginning after any release of radioactive material from a nuclear powerplant accident when the plume emergency phase has ceased, and reliable environmental measurements are available for making decisions on additional protective actions to protect the food chain. The main concern is to prevent exposure from ingestion of contaminated water or food, such as milk, fresh vegetables, or aquatic foodstuffs. (7) “Ingestion pathway zone” means the 50-mile radius around each of the state’s nuclear powerplants in which protective actions may be required to protect the food chain in the event of an emergency. (8) “Interjurisdictional Planning Committee” means the planning committee, comprised of representatives of the Counties of Orange and San Diego, the Cities of Dana Point, San Clemente, and San Juan Capistrano, the Camp Pendleton Marine Corps Base, the State Department of Parks and Recreation, and the Southern California Edison Company, established as a mechanism for coordinating integrated preparedness and response in the event of an emergency at the San Onofre Nuclear Generating Station. (9) “Local government” means a city or county that provides emergency response for a nuclear powerplant emergency. (10) “Local jurisdiction” means an entity that provides emergency response for a nuclear powerplant emergency in accordance with the plans of a local government. (11) “Plume emergency phase” means the period beginning at the onset of an emergency at a nuclear powerplant when immediate decisions for public protective actions are needed. (12) “Recovery phase” means the period when actions designed to reduce radiation levels in the environment to acceptable levels for unrestricted use are commenced, and ending when all recovery actions have been completed. (13) “Site” means the location of a nuclear powerplant and its surrounding emergency planning zone. (Amended by Stats. 2013, Ch. 352, Sec. 386. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  161. 114655.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 1. General Provisions [114650 - 114655] ( Article 1 repealed and added by Stats. 1998, Ch. 543, Sec. 5. )

    Verify source ↗

    This section says the chapter does not restrict any government’s general public health and safety responsibilities in emergency response.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 1. General Provisions [114650 - 114655] ( Article 1 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## 114655. (a) The Legislature hereby finds and declares as follows: (1) Existing law requires the development and maintenance of a nuclear powerplant emergency response program by state and local governments based on federal and state criteria. (2) The office, in consultation with the department and the counties, has investigated the consequences of a serious nuclear powerplant accident and has established plume emergency phase and ingestion pathway phase planning zones for each site. These zones imply mutually supportive emergency planning and preparedness arrangements by all levels of government. (3) An integrated emergency planning program is necessary for the benefit of the citizens within the planning zones. (b) Nothing in this chapter limits the activities of any government in carrying out its general responsibilities pertaining to the public health and the safety aspects of emergency response. (Amended by Stats. 2013, Ch. 352, Sec. 387. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  162. 114660.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 2. Responsibilities of the Office of Emergency Services [114660- 114660.] ( Heading of Article 2 amended by Stats. 2013, Ch. 352, Sec. 388. )

    Verify source ↗

    The Office of Emergency Services must coordinate nuclear emergency planning, train personnel, review plans, manage some funds, and conduct a study for certain proposed nuclear powerplants.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 2. Responsibilities of the Office of Emergency Services [114660- 114660.] ( Heading of Article 2 amended by Stats. 2013, Ch. 352, Sec. 388. ) ## 114660. (a) The office is responsible for the coordination and integration of all emergency planning programs and response plans under this chapter. If there is a nuclear powerplant accident, the office shall coordinate information and resources to support local governments in a joint state and local government decisionmaking process. (b) The office shall perform all of the following duties and functions: (1) Coordinate the activities of all state agencies relating to preparation and implementation of the State Nuclear Power Plant Emergency Response Plan. The office shall be the focal point for coordinating nuclear powerplant emergency preparedness activities with local governments, other state agencies, federal agencies, and other organizations. (2) Exercise explicit ultimate authority for allocating funds from the Nuclear Planning Assessment Special Account to local governments. (3) Coordinate and participate in exercises of the state’s nuclear emergency response plan with each site during its federally evaluated exercise. (4) Ensure that state personnel are adequately trained to respond in the event of an actual emergency. The exercises shall include the department and other relevant state agencies. (5) In consultation with the department, review protective action recommendations developed by the utilities and local government representatives. (6) Coordinate planning guidance to state agencies and local governments. (7) Ensure the development and maintenance of the State Nuclear Power Plant Emergency Response Plan and procedures necessary to carry out those responsibilities and review and approve state agency plans in draft prior to publication. (8) Exercise discretionary authority regarding the formation of interagency agreements with state agencies having local emergency responsibilities, to ensure state agencies have updated emergency plans and trained emergency response personnel to respond during the plume emergency phase. (9) Conduct a study similar to that described in Section 8610.3 of the Government Code, for any nuclear powerplant with a generating capacity of 50 megawatts or more that is proposed for licensing in this state. (Amended by Stats. 2013, Ch. 352, Sec. 389. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  163. 114662.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 3. Responsibilities of the State Department of Health Services [114662- 114662.] ( Article 3 added by Stats. 1998, Ch. 543, Sec. 5. )

    Verify source ↗

    The department must support nuclear radiation emergency planning and response, prepare and maintain plans and guidelines, and keep advisory and medical-facility resources ready.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 3. Responsibilities of the State Department of Health Services [114662- 114662.] ( Article 3 added by Stats. 1998, Ch. 543, Sec. 5. ) ## 114662. (a) The department shall provide technical support for plume emergency phase response. During the ingestion pathway and recovery phases, the department shall have the lead technical role and shall participate in a joint state and local government protective action decisionmaking process. The department shall prepare the ingestion pathway and recovery plan, and shall provide guidelines for local government ingestion pathway and recovery plans. (b) The department shall maintain plans for communicating public health information during the ingestion pathway and recovery phases. The department shall also maintain a radiological advisory team, and shall maintain a list of medical facilities capable of caring for radiological casualties. (c) The department shall perform all of the following duties and functions: (1) Act as the responsible entity for ensuring that ingestion pathway and recovery plans are maintained and ready to be implemented, including necessary training and exercises, in coordination with affected counties and the office. (2) Establish protective action guidelines for ingestion pathway and recovery operations with reference to the recommendations of the federal Environmental Protection Agency. (3) Coordinate development and maintenance by counties of, and review any information database of food, water, and animal resources for, the 50-mile ingestion pathway zone around the San Onofre and Diablo Canyon nuclear powerplants. (4) Establish measurement standards and procedures to assess radioactivity in exposure pathways, including, but not limited to, food, water, and animals, which are compatible with the federal Environmental Protection Agency’s standards and procedures. (5) Support local government nuclear emergency planning, training, exercises, and response in coordination with the office. (6) Maintain plans for coordinating the dissemination of public health information during the recovery phase of a nuclear powerplant emergency. (7) Define and maintain a radiological advisory team, which shall not make decisions within the jurisdiction of emergency planning and response organizations. The guidelines for the team shall include, but not be limited to, all of the following requirements: (A) The team shall include individuals with expertise in medicine, radiation biology, radiation casualty management, emergency preparedness and disaster response, public health, and government responsibilities. (B) The team shall be available to advise the department on its nuclear powerplant emergency planning and response. (C) The team may provide advice and counsel regarding radiation protection safety issues. (8) Maintain guidelines for the designation for medical facilities that would be capable of managing and caring for casualties caused by a nuclear radiation accident. (9) Develop and maintain a list of medical facilities that meet the statewide guidelines. (Added by Stats. 1998, Ch. 543, Sec. 5. Effective January 1, 1999.)
  164. 114677.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 4. Responsibilities of Local Government [114677- 114677.] ( Article 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. )

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    Local governments must plan for and manage radiological emergency response in emergency planning zones around nuclear powerplants.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 4. Responsibilities of Local Government [114677- 114677.] ( Article 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## 114677. (a) Local governments shall develop and maintain radiological emergency preparedness and response plans to safeguard the public in the emergency planning zone around a nuclear powerplant. (b) The responsibilities of local government within an emergency planning zone include, but are not limited to, all of the following: (1) Preemergency preparedness, including developing, maintaining, and enhancing radiological emergency response plans and procedures; maintaining emergency management organizations and operations and field response organizations; making training available to local government organizations in conjunction with utilities; providing public information and education in conjunction with utilities ; maintaining essential communications systems; and implementing other preemergency preparedness measures, as required in accordance with federal requirements and state plans and procedures. (2) Managing plume emergency phase response actions; providing available resources for emergency response; notifying emergency workers and the public; providing emergency public information; making protective action decisions and taking protective action response, to provide public health support in conjunction with the utility and state; providing radiologic exposure control; procuring additional resources, and taking other actions needed for emergency response. (3) Participating in a joint state and local government decisionmaking process during ingestion pathway phases and recovery phases; coordinating implementation of protective action decisions with state and federal governments; continuing emergency public information in conjunction with state and federal organizations; and providing support for security of evacuated areas. (c) At the San Onofre Nuclear Generating Station, the Interjurisdictional Planning Committee shall identify a discussion leader to facilitate local government protective action decisions during the plume emergency phase of a nuclear powerplant emergency. (d) A local government within an emergency planning zone may request services from a jurisdiction outside the emergency planning zone that are necessary to support an evacuated emergency planning zone population. Services requested by a local government within the emergency planning zone may include, but are not limited to, public information, congregate care, traffic management, radiological monitoring or decontamination of evacuees, and interjurisdictional coordination. (Repealed and added by Stats. 1998, Ch. 543, Sec. 5. Effective January 1, 1999.)
  165. 114680.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 5. Responsibilities of Entities Providing Utilities [114680- 114680.] ( Article 5 repealed and added by Stats. 1998, Ch. 543, Sec. 5. )

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    Utilities involved with nuclear power must have emergency response organizations and plans, and nuclear utilities must carry out specified emergency-preparedness tasks.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 5. Responsibilities of Entities Providing Utilities [114680- 114680.] ( Article 5 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## 114680. Entities providing utilities shall perform all of the following duties and functions: (a) Any public or private utility that operates a nuclear powerplant in the state shall have a response organization that can be integrated with federal, state, and local government emergency response resources during a radiological accident. (b) Nuclear facility operators shall develop and maintain radiological emergency preparedness and response plans in coordination with state and local government. (c) Nuclear utilities have the primary responsibility for planning and implementing emergency measures within facility boundaries and shall do all of the following: (1) Perform accident assessments. (2) Prepare public protective action recommendations for decisionmakers during the plume emergency phase. (3) Provide information to the appropriate state and local government in support of their independent assessment of offsite radiological conditions relevant to protective action decisions during the plume emergency phase. (4) Coordinate with state and local governments in maintaining nuclear powerplant public education information. (5) Support state and local government in nuclear powerplant planning, training, drills and exercises, and emergency preparedness efforts. (Repealed and added by Stats. 1998, Ch. 543, Sec. 5. Effective January 1, 1999.)
  166. 114685.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 6. Responsibilities of Other Agencies [114685- 114685.] ( Article 6 repealed and added by Stats. 1998, Ch. 543, Sec. 5. )

    Verify source ↗

    This section requires transportation, law enforcement, and local jurisdictions to plan for nuclear powerplant emergencies, evacuation routes, traffic flow, and training.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. The Radiation Protection Act of 1999 [114650 - 114685] ( Chapter 4 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## ARTICLE 6. Responsibilities of Other Agencies [114685- 114685.] ( Article 6 repealed and added by Stats. 1998, Ch. 543, Sec. 5. ) ## 114685. (a) The Department of Transportation shall include within its criteria for funding, repair, and construction projects, the need for adequate emergency evacuation routes. (b) State and local law enforcement agencies shall ensure all of the following: (1) Traffic flow plans for areas outside the emergency planning zones shall adequately reflect the possible evacuation of residents outside those zones. (2) Traffic flow plans shall take into consideration that some evacuation routes may be impassible under certain weather conditions and shall have plans for designating alternative routes. (3) Officers who may be needed to respond during a nuclear powerplant emergency shall receive the necessary training, including refresher courses at least once each year. (c) Local jurisdictions within an emergency planning zone shall coordinate nuclear powerplant emergency response plans and procedures with local governments and shall participate in training, drills, and exercises as needed. (Repealed and added by Stats. 1998, Ch. 543, Sec. 5. Effective January 1, 1999.)
  167. 11469.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    Seizing agencies and law enforcement must follow forfeiture safeguards, including manuals, training, separate accounting, and protection of seized property, and they must not tie pay to seizure levels or put seized property into service.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11469. In order to ensure the proper utilization of the laws permitting the seizure and forfeiture of property under this chapter, the Legislature hereby establishes the following guidelines: (a) Law enforcement is the principal objective of forfeiture. Potential revenue must not be allowed to jeopardize the effective investigation and prosecution of criminal offenses, officer safety, the integrity of ongoing investigations, or the due process rights of citizens. (b) No prosecutor’s or sworn law enforcement officer’s employment or salary shall be made to depend upon the level of seizures or forfeitures he or she achieves. (c) Whenever appropriate, prosecutors should seek criminal sanctions as to the underlying criminal acts which give rise to the forfeiture action. (d) Seizing agencies shall have a manual detailing the statutory grounds for forfeiture and all applicable policies and procedures. The manual shall include procedures for prompt notice to interestholders, the expeditious release of seized property, where appropriate, and the prompt resolution of claims of innocent ownership. (e) Seizing agencies shall implement training for officers assigned to forfeiture programs, which training should be ongoing. (f) Seizing agencies shall avoid any appearance of impropriety in the sale or acquisition of forfeited property. (g) Seizing agencies shall not put any seized or forfeited property into service. (h) Unless otherwise provided by law, forfeiture proceeds shall be maintained in a separate fund or account subject to appropriate accounting controls and annual financial audits of all deposits and expenditures. (i) Seizing agencies shall ensure that seized property is protected and its value preserved. (j) Although civil forfeiture is intended to be remedial by removing the tools and profits from those engaged in the illicit drug trade, it can have harsh effects on property owners in some circumstances. Therefore, law enforcement shall seek to protect the interests of innocent property owners, guarantee adequate notice and due process to property owners, and ensure that forfeiture serves the remedial purpose of the law. (Added by Stats. 1994, Ch. 314, Sec. 1. Effective August 19, 1994.)
  168. 11470.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    This section lists categories of property that can be forfeited when tied to controlled-substance violations, and it sets limits and exceptions for some vehicles, real property, and innocent parties.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11470. The following are subject to forfeiture: (a) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this division. (b) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this division. (c) All property except real property or a boat, airplane, or any vehicle which is used, or intended for use, as a container for property described in subdivision (a) or (b). (d) All books, records, and research products and materials, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this division. (e) The interest of any registered owner of a boat, airplane, or any vehicle other than an implement of husbandry, as defined in Section 36000 of the Vehicle Code, which has been used as an instrument to facilitate the manufacture of, or possession for sale or sale of 14.25 grams or more of heroin, or a substance containing 14.25 grams or more of heroin, or 14.25 grams or more of a substance containing heroin, or 28.5 grams or more of Schedule I controlled substances except cannabis, peyote, or psilocybin; 10 pounds dry weight or more of cannabis, peyote, or psilocybin; or 28.5 grams or more of cocaine, as specified in paragraph (6) of subdivision (b) of Section 11055, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or methamphetamine; or a substance containing 28.5 grams or more of cocaine, as specified in paragraph (6) of subdivision (b) of Section 11055, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or methamphetamine; or 57 grams or more of a substance containing cocaine, as specified in paragraph (6) of subdivision (b) of Section 11055, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or methamphetamine; or 28.5 grams or more of Schedule II controlled substances. An interest in a vehicle which may be lawfully driven on the highway with a class C, class M1, or class M2 license, as prescribed in Section 12804.9 of the Vehicle Code, shall not be forfeited under this subdivision if there is a community property interest in the vehicle by a person other than the defendant and the vehicle is the sole class C, class M1, or class M2 vehicle available to the defendant’s immediate family. (f) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, or securities used or intended to be used to facilitate any violation of Section 11351, 11351.5, 11352, 11355, 11359, 11360, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11382, or 11383 of this code, or Section 182 of the Penal Code, or a felony violation of Section 11366.8 of this code, insofar as the offense involves manufacture, sale, possession for sale, offer for sale, or offer to manufacture, or conspiracy to commit at least one of those offenses, if the exchange, violation, or other conduct which is the basis for the forfeiture occurred within five years of the seizure of the property, or the filing of a petition under this chapter, or the issuance of an order of forfeiture of the property, whichever comes first. (g) The real property of any property owner who is convicted of violating Section 11366, 11366.5, or 11366.6 with respect to that property. However, property which is used as a family residence or for other lawful purposes, or which is owned by two or more persons, one of whom had no knowledge of its unlawful use, shall not be subject to forfeiture. (h) (1) Subject to the requirements of Section 11488.5 and except as further limited by this subdivision to protect innocent parties who claim a property interest acquired from a defendant, all right, title, and interest in any personal property described in this section shall vest in the state upon commission of the act giving rise to forfeiture under this chapter, if the state or local governmental entity proves a violation of Section 11351, 11351.5, 11352, 11355, 11359, 11360, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11382, or 11383 of this code, or Section 182 of the Penal Code, or a felony violation of Section 11366.8 of this code, insofar as the offense involves the manufacture, sale, possession for sale, offer for sale, offer to manufacture, or conspiracy to commit at least one of those offenses, in accordance with the burden of proof set forth in paragraph (1) of subdivision (i) of Section 11488.4 or, in the case of cash or negotiable instruments in excess of twenty-five thousand dollars ($25,000), paragraph (4) of subdivision (i) of Section 11488.4. (2) The operation of the special vesting rule established by this subdivision shall be limited to circumstances where its application will not defeat the claim of any person, including a bona fide purchaser or encumbrancer who, pursuant to Section 11488.5, 11488.6, or 11489, claims an interest in the property seized, notwithstanding that the interest in the property being claimed was acquired from a defendant whose property interest would otherwise have been subject to divestment pursuant to this subdivision. (Amended by Stats. 2017, Ch. 27, Sec. 152. (SB 94) Effective June 27, 2017.)
  169. 11470.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    This section lets certain public authorities recover enforcement expenses from people involved in unlawful manufacture or cultivation of controlled substances, and it limits recovery and related court actions in specific ways.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11470.1. (a) The expenses of seizing, eradicating, destroying, or taking remedial action with respect to, any controlled substance or its precursors shall be recoverable from: (1) Any person who manufactures or cultivates a controlled substance or its precursors in violation of this division. (2) Any person who aids and abets or who knowingly profits in any manner from the manufacture or cultivation of a controlled substance or its precursors on property owned, leased, or possessed by the defendant, in violation of this division. (b) The expenses of taking remedial action with respect to any controlled substance or its precursors shall also be recoverable from any person liable for the costs of that remedial action under Part 2 (commencing with Section 78000) of Division 45. (c) It shall be necessary to seek or obtain a criminal conviction for the unlawful manufacture or cultivation of any controlled substance or its precursors prior to the entry of judgment for the recovery of expenses. If criminal charges are pending against the defendant for the unlawful manufacture or cultivation of any controlled substance or its precursors, an action brought pursuant to this section shall, upon a defendant’s request, be continued while the criminal charges are pending. (d) The action may be brought by the district attorney, county counsel, city attorney, the State Department of Health Care Services, or Attorney General. All expenses recovered pursuant to this section shall be remitted to the law enforcement agency which incurred them. (e) (1) The burden of proof as to liability shall be on the plaintiff and shall be by a preponderance of the evidence in an action alleging that the defendant is liable for expenses pursuant to paragraph (1) of subdivision (a). The burden of proof as to liability shall be on the plaintiff and shall be by clear and convincing evidence in an action alleging that the defendant is liable for expenses pursuant to paragraph (2) of subdivision (a). The burden of proof as to the amount of expenses recoverable shall be on the plaintiff and shall be by a preponderance of the evidence in any action brought pursuant to subdivision (a). (2) Notwithstanding paragraph (1), for any person convicted of a criminal charge of the manufacture or cultivation of a controlled substance or its precursors there shall be a presumption affecting the burden of proof that the person is liable. (f) Only expenses which meet the following requirements shall be recoverable under this section: (1) The expenses were incurred in seizing, eradicating, or destroying the controlled substance or its precursors or in taking remedial action with respect to a hazardous substance. These expenses may not include any costs incurred in use of the herbicide paraquat. (2) The expenses were incurred as a proximate result of the defendant’s manufacture or cultivation of a controlled substance in violation of this division. (3) The expenses were reasonably incurred. (g) For purposes of this section, “remedial action” shall have the meaning set forth in Section 78125. (h) For the purpose of discharge in bankruptcy, a judgment for recovery of expenses under this section shall be deemed to be a debt for willful and malicious injury by the defendant to another entity or to the property of another entity. (i) Notwithstanding Section 526 of the Code of Civil Procedure, the plaintiff may be granted a temporary restraining order or a preliminary injunction, pending or during trial, to restrain the defendant from transferring, encumbering, hypothecating, or otherwise disposing of any assets specified by the court, if it appears by the complaint that the plaintiff is entitled to the relief demanded and it appears that the defendant may dispose of those assets to thwart enforcement of the judgment. (j) The Legislature finds and declares that civil penalties for the recovery of expenses incurred in enforcing the provisions of this division shall not supplant criminal prosecution for violation of those provisions, but shall be a supplemental remedy to criminal enforcement. (k) Any testimony, admission, or any other statement made by the defendant in any proceeding brought pursuant to this section, or any evidence derived from the testimony, admission, or other statement, shall not be admitted or otherwise used in any criminal proceeding arising out of the same conduct. (l) No action shall be brought or maintained pursuant to this section against a person who has been acquitted of criminal charges for conduct that is the basis for an action under this section. (Amended by Stats. 2022, Ch. 258, Sec. 30. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  170. 11470.2.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    The prosecuting attorney may seek recovery of certain expenses tied to a controlled-substance offense, and the court can order payment or enter judgment under the listed conditions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11470.2. (a) In lieu of a civil action for the recovery of expenses as provided in Section 11470.1, the prosecuting attorney in a criminal proceeding may, upon conviction of the underlying offense, seek the recovery of all expenses recoverable under Section 11470.1 from: (1) Any person who manufacturers or cultivates a controlled substance or its precursors in violation of this division. (2) Any person who aids and abets or who knowingly profits in any manner from the manufacture or cultivation of a controlled substance or its precursors on property owned, leased, or possessed by the defendant, in violation of this division. The trier of fact shall make an award of expenses, if proven, which shall be enforceable as any civil judgment. If probation is granted, the court may order payment of the expenses as a condition of probation. All expenses recovered pursuant to this section shall be remitted to the law enforcement agency which incurred them. (b) The prosecuting attorney may, in conjunction with the criminal proceeding, file a petition for recovery of expenses with the superior court of the county in which the defendant has been charged with the underlying offense. The petition shall allege that the defendant had manufactured or cultivated a controlled substance in violation of Division 10 (commencing with Section 11000) of the Health and Safety Code and that expenses were incurred in seizing, eradicating, or destroying the controlled substance or its precursors. The petition shall also state the amount to be assessed. The prosecuting attorney shall make service of process of a notice of that petition to the defendant. (c) The defendant may admit to or deny the petition for recovery of expenses. If the defendant admits the allegations of the petition, the court shall rule for the prosecuting attorney and enter a judgment for recovery of the expenses incurred. (d) If the defendant denies the petition or declines to admit to it, the petition shall be heard in the superior court in which the underlying criminal offense will be tried and shall be promptly heard following the defendant’s conviction on the underlying offense. The hearing shall be held either before the same jury or before a new jury in the discretion of the court, unless waived by the consent of all parties. (e) At the hearing, the burden of proof as to the amount of expenses recoverable shall be on the prosecuting attorney and shall be by a preponderance of the evidence. (f) For the purpose of discharge in bankruptcy, a judgment for recovery of expenses under this section shall be deemed to be a debt for willful and malicious injury by the defendant to another entity or to the property of another entity. (Added by Stats. 1983, Ch. 931, Sec. 2.)
  171. 11470.3.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    This section makes the Section 11470 forfeiture rules apply to property owned or possessed by minors, and it delays related forfeiture hearings until the petition is adjudicated if a qualifying petition has been filed.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11470.3. (a) Section 11470 shall be applicable to property owned by, or in the possession of, minors. (b) The procedures for the forfeiture of property that comes within Section 11470 shall be applicable to minors. (c) Notwithstanding the provisions of this chapter, if a petition has been filed alleging that the minor is a person described in Section 602 of the Welfare and Institutions Code because of a violation which is the basis for the seizure and forfeiture of property under this chapter, any related forfeiture hearing shall be continued until the adjudication of the petition. The forfeiture hearing shall not be conducted in juvenile court. (Added by Stats. 1988, Ch. 1358, Sec. 2.)
  172. 11470.4.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    This chapter applies to minors who were found to be persons described in Section 602 of the Welfare and Institutions Code because of specified drug-law 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 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11470.4. The provisions of this chapter apply to any minor who has been found to be a person described in Section 602 of the Welfare and Institutions Code because of a violation of Section 11351, 11351.5, 11352, 11355, 11366, 11366.5, 11366.6, 11378.5, 11379, 11379.5, 11379.6, or 11382. (Added by Stats. 1988, Ch. 1249, Sec. 1.)
  173. 114705.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must initiate and administer surveillance and control programs for activities that could introduce radioactive materials into the environment.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114705. The Legislature finds and declares that radioactive contamination of the environment may subject the people of the State of California to unnecessary exposure to ionizing radiation unless it is properly controlled. It is therefore declared to be the policy of this state that the department initiate and administer necessary programs of surveillance and control of those activities that could lead to the introduction of radioactive materials into the environment. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  174. 11471.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section lets peace officers seize property subject to forfeiture, including without process in listed situations, and requires the seizing agency to provide copies of seized business records on request.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11471. Property subject to forfeiture under this division may be seized by any peace officer upon process issued by any court having jurisdiction over the property. Seizure without process may be made if any of the following situations exist: (a) The seizure is incident to an arrest or a search under a search warrant. (b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this division. (c) There is probable cause to believe that the property is directly or indirectly dangerous to health or safety. (d) There is probable cause to believe that the property was used or is intended to be used in violation of this division. (e) Real property subject to forfeiture may not be seized, absent exigent circumstances, without notice to the interested parties and a hearing to determine that seizure is necessary to preserve the property pending the outcome of the proceedings. At the hearing, the prosecution shall bear the burden of establishing that probable cause exists for the forfeiture of the property and that seizure is necessary to preserve the property pending the outcome of the forfeiture proceedings. The court may issue seizure orders pursuant to this section if it finds that seizure is warranted or pendente lite orders pursuant to Section 11492 if it finds that the status quo or value of the property can be preserved without seizure. (f) Where business records are seized in conjunction with the seizure of property subject to forfeiture, the seizing agency shall, upon request, provide copies of the records to the person, persons, or business entity from whom such records were seized. (Amended by Stats. 1994, Ch. 314, Sec. 4. Effective August 19, 1994.)
  175. 11471.2.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    State and local law enforcement generally may not send seized property to federal agencies for federal forfeiture, and joint-investigation agencies generally may not receive forfeiture shares unless conviction or a 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 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11471.2. (a) State or local law enforcement authorities shall not refer or otherwise transfer property seized under state law authorizing the seizure of property to a federal agency seeking the adoption of the seized property by the federal agency for proceeding with federal forfeiture under the federal Controlled Substances Act. Nothing in this section shall be construed to prohibit the federal government, or any of its agencies, from seizing property, seeking forfeiture under federal law, or sharing federally forfeited property with state or local law enforcement agencies when those state or local agencies work with federal agencies in joint investigations arising out of federal law or federal joint task forces comprised of federal and state or local agencies. Nothing in this section shall be construed to prohibit state or local law enforcement agencies from participating in a joint law enforcement operation with federal agencies. (b) Except as provided in this subdivision and in subdivision (c), a state or local law enforcement agency participating in a joint investigation with a federal agency shall not receive an equitable share from the federal agency of all or a portion of the forfeited property or proceeds from the sale of property forfeited pursuant to the federal Controlled Substances Act unless a defendant is convicted in an underlying or related criminal action of an offense for which property is subject to forfeiture as specified in Section 11470 or Section 11488, or an offense under the federal Controlled Substances Act that includes all of the elements of an offense for which property is subject to forfeiture as specified in Sections 11470 and 11488. In any case in which the forfeited property is cash or negotiable instruments of a value of not less than forty thousand dollars ($40,000) there shall be no requirement of a criminal conviction as a prerequisite to receipt by state or local law enforcement agencies of an equitable share from federal authorities. (c) If the defendant has been arrested and charged in an underlying or related criminal action or proceeding for an offense described in subdivision (b) and willfully fails to appear as required, intentionally flees to evade prosecution, or is deceased, there shall be no requirement of a criminal conviction as a prerequisite to receipt by state or local law enforcement agencies of an equitable share from federal authorities. (Added by Stats. 2016, Ch. 831, Sec. 2. (SB 443) Effective January 1, 2017.)
  176. 11471.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    A peace officer who makes a seizure under Section 11471 must notify the Franchise Tax Board if there is reasonable cause to believe the seized property is worth more than $5,000.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11471.5. A peace officer making a seizure pursuant to Section 11471 shall notify the Franchise Tax Board where there is reasonable cause to believe that the value of the seized property exceeds five thousand dollars ($5,000). (Added by Stats. 1987, Ch. 924, Sec. 1.5. Effective September 22, 1987.)
  177. 114710.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines terms used in the article about control of radioactive contamination of the environment.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114710. As used in this article the following terms have the meanings described in this section. (a) “Department” means the State Department of Health Services. (b) “Environment” means all places outside the control of the person responsible for the radioactive materials. (c) “Field tracer study” is any project, experiment, or study that includes provision for deliberate introduction of radioactive material into the environment for experimental or test purposes. (d) “Person” includes any association of persons, copartnership or corporation. (e) “Radiation,” or “ionizing radiation,” means gamma rays and X-rays; alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light. (f) “Radioactive material” means any material or combination of materials that spontaneously emits ionizing radiation. (g) “Radioactive waste” means any radioactive material that is discarded as nonusable. (h) “Significant” or “significantly,” as applied to radioactive contamination, means concentrations or amounts of radioactive material as are likely to expose persons to ionizing radiation equal to or greater than the guide levels published by the Federal Radiation Council. (i) “Radiological monitoring” means the measurement of the amounts and kinds of radioactive materials in the environment. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  178. 114715.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not dispose of radioactive waste within the state in a way that causes significant environmental contamination.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114715. No person shall bury, throw away, or in any manner dispose of radioactive wastes within the state except in a manner and at locations as will result in no significant radioactive contamination of the environment. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  179. 11472.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    A peace officer may seize controlled substances and related paraphernalia if they are possessed in violation of this division.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11472. Controlled substances and any device, contrivance, instrument, or paraphernalia used for unlawfully using or administering a controlled substance, which are possessed in violation of this division, may be seized by any peace officer and in the aid of such seizure a search warrant may be issued as prescribed by law. (Added by renumbering Section 11473 by Stats. 1980, Ch. 1019.)
  180. 114720.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may issue a written order prohibiting disposal of radioactive wastes by any person if it finds, after investigation, that the disposal violates Section 114715.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114720. The department may, by written order, prohibit the disposal of radioactive wastes by any person when, upon investigation, it has determined that the disposal violates Section 114715. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  181. 114725.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may issue a written order to prohibit storing, packaging, transporting, or loading radioactive wastes when those activities are reasonably likely to cause significant radioactive contamination of the environment.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114725. The department may, by written order, prohibit the storage, packaging, transporting, or loading of radioactive wastes if there is a reasonable likelihood that the activities will result in significant radioactive contamination of the environment. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  182. 11473.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    After conviction, the court must order covered seizures destroyed, with stated exceptions. Law enforcement may ask the court to let certain uncontaminated science equipment go to a school or school district instead of being destroyed.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11473. (a) All seizures under provisions of this chapter, except seizures of vehicles, boats, or airplanes, as specified in subdivision (e) of Section 11470, or seizures of moneys, negotiable instruments, securities, or other things of value as specified in subdivision (f) of Section 11470, shall, upon conviction of the owner or defendant, be ordered destroyed by the court in which conviction was had. (b) Law enforcement may request of the court that certain uncontaminated science equipment be relinquished to a school or school district for science classroom education in lieu of destruction. (Amended by Stats. 1994, Ch. 979, Sec. 2. Effective January 1, 1995.)
  183. 11473.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Courts must order destruction of certain seized controlled substances, instruments, or paraphernalia, unless the court finds they were lawfully possessed by the defendant.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11473.5. (a) All seizures of controlled substances, instruments, or paraphernalia used for unlawfully using or administering a controlled substance which are in possession of any city, county, or state official as found property, or as the result of a case in which no trial was had or which has been disposed of by way of dismissal or otherwise than by way of conviction, shall be destroyed by order of the court, unless the court finds that the controlled substances, instruments, or paraphernalia were lawfully possessed by the defendant. (b) If the court finds that the property was not lawfully possessed by the defendant, law enforcement may request of the court that certain uncontaminated instruments or paraphernalia be relinquished to a school or school district for science classroom education in lieu of destruction. (Amended by Stats. 1994, Ch. 979, Sec. 3. Effective January 1, 1995.)
  184. 114730.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who received an order under Section 114720 or 114725 may appeal the department’s order to a court of competent jurisdiction.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114730. The person to whom an order has been issued pursuant to Section 114720 or 114725 may appeal the order of the department to any court of competent jurisdiction. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  185. 114735.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may ask a court to stop certain radioactive-waste activities that violate department orders, and the court may also stop a person from using radioactive material if that use produces waste disposed of unlawfully under this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114735. The department may bring an action in a court of competent jurisdiction to enjoin the storage, packaging, transporting, loading, or disposal of radioactive wastes in violation of any written order issued by the department pursuant to Section 114720 or 114725. The court may, if it appears necessary, enjoin any person from using radioactive material who thereby produces radioactive waste that the court finds is being disposed of in violation of this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  186. 11474.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Certain agencies may carry out a court order to destroy controlled substances, instruments, or paraphernalia, and the court order must name the agency responsible.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11474. A court order for the destruction of controlled substances, instruments, or paraphernalia pursuant to the provisions of Section 11473 or 11473.5 may be carried out by a police or sheriff’s department, the Department of Justice, the Department of the California Highway Patrol, the Department of Cannabis Control, or the Department of Alcoholic Beverage Control. The court order shall specify the agency responsible for the destruction. Controlled substances, instruments, or paraphernalia not in the possession of the designated agency at the time the order of the court is issued shall be delivered to the designated agency for destruction in compliance with the order. (Amended by Stats. 2021, Ch. 70, Sec. 105. (AB 141) Effective July 12, 2021.)
  187. 114740.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must keep surveillance over radioactive material storage, packaging, transporting, and loading in the state, and it may make inspection/enforcement agreements with certain agencies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114740. The department shall maintain surveillance over the storage, packaging, transporting, and loading of radioactive material within this state regardless of the material’s ultimate destination. In carrying out its duties under this section, the department may enter into an agreement with the Division of Occupational Safety and Health and other state and local agencies to conduct any appropriate inspection and enforcement activities. Any agreement with state and local agencies shall not duplicate work to be done pursuant to agreement with the Division of Occupational Safety and Health, nor shall work done by the Division of Occupational Safety and Health duplicate work agreed to be done by other state and local agencies. Licensees of the Nuclear Regulatory Commission and the facilities of the Department of Energy and the Department of Defense are exempt from this section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  188. 114745.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Operators of certain nuclear-related installations must have an adequate radiological monitoring program before operating, and must submit the proposed program to the department for review and acceptance.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114745. No person shall operate a nuclear reactor, nuclear fuel reprocessing plant, or other installation, as defined by the department, that could, as a result of routine operations, accident, or negligence, significantly contaminate the environment with radioactive material, without first instituting and maintaining an adequate program of radiological monitoring. The proposed program shall be submitted to the department for review and acceptance as to its adequacy. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  189. 11475.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Schedule I controlled substances possessed, transferred, sold, or offered for sale in violation of this division are contraband and must be seized and summarily forfeited to the state.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11475. Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this division are contraband and shall be seized and summarily forfeited to the state. Controlled substances listed in Schedule I, which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state. (Added by Stats. 1972, Ch. 1407.)
  190. 114750.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not conduct a field tracer study unless the department has approved the study’s detailed plans.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114750. No person shall conduct any field tracer study unless detailed plans of the study have been approved by the department. In reviewing proposed field tracer studies, the department shall consider at least the following elements: (a) That there is shown to be a substantial public interest in the information intended to be obtained by the study. (b) That the study will be performed by persons or agencies competent to handle and use the radioactive material safely and with due regard for potential effects on public health. (c) That the study is planned so as to impose the least possible exposure to ionizing radiation consistent with achieving the study’s desired objectives. (d) That there is no likelihood that any person will be exposed to ionizing radiation in excess of guide levels published by the Federal Radiation Council. The department may, as a condition to its approval of a field tracer study, require a representative of the department to be present during the study. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  191. 114755.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must monitor radioactive materials in the environment.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114755. The department shall monitor radioactive materials in the environment, including radioactive materials in media such as air, milk, food, and water in locations and with a frequency as the department may deem necessary to determine radiation exposure to the people of the state from the materials. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  192. 11476.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    Plants linked to controlled substances may be seized and summarily forfeited to the state if they were planted or cultivated in violation of the division, if the owners or cultivators are unknown, or if they are wild growths.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11476. Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this division, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state. (Added by Stats. 1972, Ch. 1407.)
  193. 114760.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must publish its radioactive materials monitoring results to news media at least once a month.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114760. The department shall, at least once per month, make public to news media the results of its monitoring of radioactive materials. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  194. 114765.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Regulations about radioactive material cargo must be reviewed and made compatible with specified federal transportation regulations within 60 days after those federal rules become effective.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114765. Any regulations relating to radioactive material cargo, including, but not limited to, packing, marking, loading, handling, and transportation, shall be reviewed and made compatible with the federal regulations adopted pursuant to the federal Department of Transportation Docket No. HM-164, Notice No. 80-1, within 60 days of the date the federal regulations become effective. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  195. 11477.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    If a peace officer demands it, the person in charge of land or premises where the plants are growing or stored must produce the proper registration or proof of holding it.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11477. The failure, upon demand by a peace officer of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants. (Amended by Stats. 1980, Ch. 1019.)
  196. 114775.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must cooperate with federal monitoring agencies, test seafood near the Farallon Islands dump site, report yearly to the Legislature, and may take emergency action to stop commercial seafood sales if harmful radioactivity is found.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114775. The department, utilizing available funds and in cooperation with the Department of Fish and Game and the Joint Committee on Fisheries and Aquaculture, shall do all of the following: (a) Cooperate with any federal agency that conducts monitoring of marine life or ocean waters, or both, at the sites of radioactive waste dumping off the California coast to determine the effects of the dumping. (b) Purchase and test samples of seafood taken in the vicinity of the Farallon Islands radioactive waste dump site to determine whether the seafood contains radioactivity beyond natural and artificial background levels. (c) Make annual reports to the Legislature on the implementation of this section, including any recommendations for legislation it deems necessary to protect the health of Californians. (d) Take emergency action pursuant to the general authority contained in the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)) to prohibit the commercial sale of seafood for human consumption if, in the judgment of the director, samples analyzed pursuant to subdivision (b), are found to contain radioactivity that poses a threat to human health. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  197. 11478.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    The Attorney General may provide cannabis to registered and approved research project heads. The project head must personally receive it, keep a disposition record, and report progress or conclusions as required 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 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11478. Cannabis may be provided by the Attorney General to the heads of research projects which have been registered by the Attorney General, and which have been approved by the research advisory panel pursuant to Section 11480. The head of the approved research project shall personally receipt for such quantities of cannabis and shall make a record of their disposition. The receipt and record shall be retained by the Attorney General. The head of the approved research project shall also, at intervals and in the manner required by the research advisory panel, report the progress or conclusions of the research project. (Amended by Stats. 2017, Ch. 27, Sec. 153. (SB 94) Effective June 27, 2017.)
  198. 114780.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The California Coastal Commission must use available lawful means to stop dumping of radioactive waste in the Pacific Ocean, unless it finds the dumping would be consistent with Division 20 of the Public Resources Code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Control of Radioactive Contamination of the Environment [114705 - 114780] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114780. (a) The Legislature finds and declares that the dumping of radioactive waste, including the scuttling of radioactive nuclear submarines, into the Pacific Ocean, could adversely affect the California coastal zone. (b) The California Coastal Commission, in cooperation when appropriate with the department, the Department of Justice, the Department of Fish and Game, and the Joint Committee on Fisheries and Aquaculture, shall use any means available to the commission, pursuant to law, to prevent any dumping of radioactive waste in the Pacific Ocean by any public or private entity, unless the commission finds that the dumping would be consistent with the goals and policies of Division 20 (commencing with Section 30000) of the Public Resources Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  199. 114785.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants [114785 - 114810] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Certain utilities operating nuclear powerplants of 50 megawatts or more must establish offsite radiation monitoring devices and consult specified agencies before submitting a plan to the Nuclear Regulatory Commission.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 9. RADIATION [114650 - 115342] ( Part 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Containment of Radioactive Materials [114705 - 114835] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Radiation Monitoring Devices for Nuclear Power Plants [114785 - 114810] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 114785. Each privately owned and publicly owned public utility operating a nuclear powerplant with a generating capacity of 50 megawatts or more shall establish a system of offsite radiation monitoring devices as specified by the Nuclear Regulatory Commission pursuant to Regulatory Guide 1.97 or related standards. The utility shall consult with the department and the appropriate county emergency services agency regarding the type, number, and locations of the radiation monitoring devices. The consultation with the department and the appropriate county emergency services agency shall be completed prior to submitting a plan to the Nuclear Regulatory Commission regarding the radiation monitoring devices. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  200. 11479.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. )

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    After seizure, law enforcement may destroy certain suspected controlled substances without a court order, but only after required samples, records, weight determination, and related findings are completed.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 8. Seizure and Disposition [11469 - 11495] ( Chapter 8 added by Stats. 1972, Ch. 1407. ) ## 11479. Notwithstanding Sections 11473 and 11473.5, at any time after seizure by a law enforcement agency of a suspected controlled substance, except in the case of growing or harvested cannabis, that amount in excess of 10 pounds in gross weight may be destroyed without a court order by the chief of the law enforcement agency or a designated subordinate. In the case of growing or harvested cannabis, that amount in excess of two pounds, or the amount of cannabis a medicinal cannabis patient or designated caregiver is authorized to possess by ordinance in the city or county where the cannabis was seized, whichever is greater, may be destroyed without a court order by the chief of the law enforcement agency or a designated subordinate. Destruction shall not take place pursuant to this section until all of the following requirements are satisfied: (a) At least five random and representative samples have been taken, for evidentiary purposes, from the total amount of suspected controlled substances to be destroyed. These samples shall be in addition to the 10 pounds required above. When the suspected controlled substance consists of growing or harvested cannabis plants, at least one 2-pound sample or a sample in the amount of medicinal cannabis a medicinal cannabis patient or designated caregiver is authorized to possess by ordinance in the city or county where the cannabis was seized, whichever is greater, shall be retained. This sample may include stalks, branches, or leaves. In addition, five representative samples of leaves or buds shall be retained for evidentiary purposes from the total amount of suspected controlled substances to be destroyed. (b) Photographs and videos have been taken that reasonably and accurately demonstrate the total amount of the suspected controlled substance to be destroyed. (c) The gross weight of the suspected controlled substance has been determined, either by actually weighing the suspected controlled substance or by estimating that weight after dimensional measurement of the total suspected controlled substance. (d) The chief of the law enforcement agency has determined that it is not reasonably possible to preserve the suspected controlled substance in place, or to remove the suspected controlled substance to another location. In making this determination, the difficulty of transporting and storing the suspected controlled substance to another site and the storage facilities may be taken into consideration. Subsequent to any destruction of a suspected controlled substance pursuant to this section, an affidavit shall be filed within 30 days in the court that has jurisdiction over any pending criminal proceedings pertaining to that suspected controlled substance, reciting the applicable information required by subdivisions (a), (b), (c), and (d) together with information establishing the location of the suspected controlled substance, and specifying the date and time of the destruction. In the event that there are no criminal proceedings pending that pertain to that suspected controlled substance, the affidavit may be filed in any court within the county that would have jurisdiction over a person against whom those criminal charges might be filed. (Amended by Stats. 2017, Ch. 27, Sec. 154. (SB 94) Effective June 27, 2017.)

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