PART 15. MISCELLANEOUS REQUIREMENTS [118375. - 119406.]
Part 15 added by Stats. 1995, Ch. 415, Sec. 6.
§§ 118375–119406 · 98 sections
CHAPTER 1. Articles of Common Use §§ 118375–118490 · 22 sections
ARTICLE 1. Common Drinking Cups §§ 118375–118395 · 5 sections
- § 118375 No person conducting, having charge of, or control of, any hotel, restaurant, saloon, soda fountain, store, theater, public hall, public or private school,…
- § 118380 For the purposes of this article the term “common use” when applied to a drinking receptacle is defined as its use for drinking purposes by, or for, more than…
- § 118385 No cask, water cooler, or other receptacle shall be used for storing or supplying drinking water to the public or to employees unless it is covered and…
- § 118390 (a) The state department and all health officers of counties, cities, and health districts shall enforce this article. (b) Pursuant to their enforcement of…
- § 118395 Violation of any provision of this article is a misdemeanor punishable by a fine not exceeding fifty dollars ($50) for each offense.
ARTICLE 2. Infected Packing Material §§ 118400–118415 · 4 sections
- § 118400 For the purpose of this article the term “filthy, contaminated, or unsanitary packing material” includes any or all of the following: (a) Packing material that…
- § 118405 Unsanitary packing material shall not be used until it has been cleaned and disinfected to the satisfaction of the Department of Food and Agriculture, the…
- § 118410 The person having the material cleaned and disinfected shall pay the costs of the inspection.
- § 118415 Every person who knowingly packs any goods intended for delivery to other parties or for transportation by common carriers with unsanitary packing material is…
ARTICLE 3. Common Towels §§ 118425–118440 · 4 sections
- § 118425 No person conducting, operating, or having charge or control of, any hotel, restaurant, factory, store, barber shop, office building, school, public hall,…
- § 118430 For the purpose of this article the term “common use” when applied to a towel means its use by, or for, more than one person without its being laundered…
- § 118435 The department and all health officers of counties, cities, and health districts shall enforce this article.
- § 118440 Violation of any provision of this article is a misdemeanor punishable by a fine not exceeding fifty dollars ($50) for each offense.
ARTICLE 4. Wiping Rags §§ 118450–118490 · 9 sections
- § 118450 “Wiping rags,” as used in this article means cloths and rags, other than reusable rental cloths or towels, used for any or all of the following purposes: (a)…
- § 118455 No person shall supply or furnish to his or her employees for wiping rags, or sell or offer for sale for wiping rags, any soiled wearing apparel,…
- § 118460 Every local health officer or registered sanitarian, upon proper demand and notice of his or her authority, may, during business hours, enter any place where…
- § 118465 On and after July 1, 1975, it shall be unlawful for any person to operate any business of laundering, sanitizing, or selling wiping rags unless, in addition to…
- § 118470 A permit to operate any business of laundering, sanitizing, or selling wiping rags shall be issued by the local health officer if the applicant complies with…
- § 118475 The local health officer authorized to issue permits to launder, sanitize, or sell wiping rags shall keep a record of suspension or revocation of permits and a…
- § 118480 Before being sold or offered for sale, each package or parcel of wiping rags shall be plainly marked “sanitized wiping rags,” and in addition it shall be…
- § 118485 No machinery or appliances used for laundering clothing and articles for personal wear or household use shall be used for laundering soiled rags or soiled…
- § 118490 Every person who violates any provision of this article is guilty of a misdemeanor.
CHAPTER 2. Restrooms §§ 118500–118703 · 9 sections
ARTICLE 1. Public Restrooms §§ 118500–118507 · 4 sections
- § 118500 Every public agency that conducts an establishment serving the public or open to the public and that maintains therein restroom facilities for the public,…
- § 118505 (a) Publicly and privately owned facilities where the public congregates shall be equipped with sufficient temporary or permanent restrooms to meet the needs…
- § 118506 (a) (1) A theater or movie house, grocery store, health facility, convention center, sports arena, auditorium, cultural complex, exhibition hall, library,…
- § 118507 (a) Notwithstanding Chapter 4 (commencing with Section 401.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), a…
ARTICLE 5. Single-User Restrooms § 118600 · 1 section
- § 118600 (a) All single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency shall be identified as…
ARTICLE 6. Restroom Access for Medical Conditions §§ 118700–118703 · 4 sections
- § 118700 For purposes of this article, the following definitions apply: (a) “Department” means the State Department of Public Health, unless otherwise specified. (b)…
- § 118701 (a) The State Department of Public Health shall implement this article, in consultation with the Department of Consumer Affairs. (b) This article shall be…
- § 118702 (a) A place of business that is open to the general public for the sale of goods and that has a toilet facility for its employees shall allow any individual…
- § 118703 (a) The department shall develop a standard electronic form that may be signed by a health care provider, as specified in subdivision (b) of Section 118702, to…
CHAPTER 3. Miscellaneous Noise Control §§ 118825–118830 · 2 sections
- § 118825 The Legislature, recognizing the growing problem of noise pollution throughout the state and that we are daily assaulted with increased noise from advancing…
- § 118830 (a) Except in an emergency situation, no private or commercial aircraft entering commercial service after the effective date of this section may land or take…
CHAPTER 4. Indoor Air Quality §§ 118875–118950 · 20 sections
ARTICLE 1. California Indoor Clean Air Act of 1976 §§ 118875–118915 · 9 sections
- § 118875 This article and Article 2 (commencing with Section 118920) shall be known and may be cited as the California Indoor Clean Air Act of 1976.
- § 118880 The Legislature finds and declares that tobacco smoke is a hazard to the health of the general public.
- § 118885 Within indoor rooms, indoor chambers, or indoor places of public assembly in publicly owned buildings in which public business is conducted requiring or…
- § 118890 Every health facility, as defined in Section 1250, and clinic, as defined in Section 1200, shall comply with the following: (a) Shall make every reasonable…
- § 118895 Within every publicly owned building open to the general public for the primary purpose of exhibiting any motion picture, stage drama, music recital, or any…
- § 118900 Within every restaurant in a publicly owned building serving food or alcoholic beverages in rooms whose occupied capacity is 50 or more persons there shall be…
- § 118905 Any person may apply for a writ of mandate to compel compliance by any public entity that has not complied with the requirements of this article and Article 3…
- § 118910 (a) The Legislature declares its intent not to preempt the field of regulation of the smoking of tobacco products. A local governing body may ban completely…
- § 118915 (a) Except as provided in subdivision (b), no person shall smoke any tobacco product in any retail food production and marketing establishment, as defined in…
ARTICLE 1.5. Smokeless Tobacco in Professional Baseball § 118916 · 1 section
- § 118916 (a) (1) The Legislature finds and declares that the use of smokeless tobacco products by professional baseball players is a matter of statewide interest and…
ARTICLE 2. Smoking in Private and Public Transportation §§ 118920–118945 · 6 sections
- § 118920 (a) The Legislature hereby finds and declares that the United States Surgeon General’s 1986 Report on the Health Consequences of Involuntary Smoking conclude…
- § 118925 (a) (1) It is unlawful for any person to smoke a tobacco product in any vehicle of a passenger stage corporation, the National Railroad Passenger Corporation…
- § 118930 A notice prohibiting smoking, displayed as a symbol and in English, shall be posted in each vehicle or aircraft subject to this article.
- § 118935 (a) Every person and public agency providing transportation services for compensation, including, but not limited to, the National Railroad Passenger…
- § 118940 This article does not preempt any local ordinance on the same subject where a local ordinance is more restrictive to the benefit of the nonsmoker.
- § 118945 Any violation of this article is an infraction punishable by a fine not exceeding one hundred dollars ($100) for a first violation, by a fine not exceeding two…
ARTICLE 2.5. Smoking in Motor Vehicles §§ 118947–118949 · 3 sections
- § 118947 This act shall be known, and may be cited, as the Marco Firebaugh Memorial Children’s Health and Safety Act of 2007.
- § 118948 (a) It is unlawful for a person to smoke a tobacco product in a motor vehicle, whether in motion or at rest, in which there is a minor. (b) For purposes of…
- § 118949 A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of this article.
ARTICLE 3. Tobacco Distribution § 118950 · 1 section
- § 118950 (a) The Legislature hereby finds and declares the following: (1) Smoking is the single most important source of preventable disease and premature death in…
CHAPTER 5. Electrical Hazards §§ 119075–119090 · 4 sections
- § 119075 (a) The Legislature intends to prevent electricity generated by permanent or portable electric generators from backfeeding into a utility electrical…
- § 119080 (a) Every manufacturer of a portable or permanent electrical generator that is capable of being connected either permanently or temporarily to a commercial,…
- § 119085 (a) Every public utility or utility district shall notify all electrical service customers of the electrical backfeed hazards of portable and permanent…
- § 119090 (a) Any person who violates Sections 119075 to 119085, inclusive, is guilty of a misdemeanor, and subject to a fine of not more than five hundred dollars…
CHAPTER 6. Chlorofluorocarbons §§ 119150–119160 · 3 sections
- § 119150 (a) On and after October 15, 1978, no person shall manufacture in this state a saturated chlorofluorocarbon not containing hydrogen for use as an aerosol…
- § 119155 Notwithstanding the foregoing provisions of this chapter, nothing in this chapter shall preclude the manufacture or sale of saturated chlorofluorocarbons not…
- § 119160 Subdivisions (a) and (b) of Section 119150 shall be superseded by the enactment or adoption of any federal law or regulation prohibiting the manufacture of any…
CHAPTER 7. Body Art §§ 119300–119328 · 35 sections
ARTICLE 1. General Provisions §§ 119300–119301 · 2 sections
- § 119300 (a) This chapter shall be known, and may be cited, as the Safe Body Art Act. (b) The purpose of this chapter is to provide minimum statewide standards for the…
- § 119301 For purposes of this chapter, the following definitions shall apply: (a) “Antiseptic solution” means a liquid or semiliquid substance that is approved by the…
ARTICLE 2. Restrictions on the Performance of Body Art §§ 119302–119304 · 3 sections
- § 119302 (a) Pursuant to Section 653 of the Penal Code, a client shall be at least 18 years of age to be offered or to receive a tattoo or permanent cosmetics…
- § 119303 (a) Prior to the performance of body art, the client shall read, complete, and sign an informed consent form that shall include, but not be limited to, all of…
- § 119304 This chapter does not restrict the activities of a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business…
ARTICLE 3. Practitioner Registration §§ 119306–119311 · 6 sections
- § 119306 (a) A person shall not perform body art at any location other than a permitted permanent or temporary body art facility. (b) A person shall not perform body…
- § 119307 (a) Prior to registering with the local enforcement agency, a practitioner shall complete a Bloodborne Pathogens Exposure Control Training program that is…
- § 119308 (a) Before performing body art, the practitioner shall do all of the following: (1) Wash and dry his or her hands consistent with sound hygienic practices. (2)…
- § 119309 (a) The practitioner shall maintain a clean and sanitary environment. (b) All solid surfaces and objects in the procedure area and the decontamination and…
- § 119310 (a) Jewelry placed in newly pierced skin shall be sterilized prior to piercing as specified in Section 119315 or shall be purchased presterilized. Sterile…
- § 119311 (a) A product applied to the skin prior to tattooing or application of permanent cosmetics, including, but not limited to, stencils and marking and transfer…
ARTICLE 4. Permanent Body Art Facilities §§ 119312–119315 · 4 sections
- § 119312 (a) A body art facility shall not conduct business without a valid health permit. (b) No body art facility shall allow a practitioner who does not possess a…
- § 119313 (a) A body art facility shall maintain and follow a written Infection Prevention and Control Plan, provided by the owner or established by the practitioners,…
- § 119314 (a) With the exception of a temporary demonstration booth, as specified in Sections 119317 and 119318, a body art facility shall comply with all of the…
- § 119315 A body art facility shall conform to the following sterilization procedures: (a) Clean instruments to be sterilized shall first be sealed in sterilization…
ARTICLE 4.5. Mobile Body Art Facilities §§ 119316–119316.5 · 6 sections
- § 119316 (a) A mobile body art facility shall meet all the applicable requirements in Article 1 (commencing with Section 119300) to Article 4 (commencing with Section…
- § 119316.1 A mobile body art facility shall have all of the following: (a) A fixed hand wash sink in the procedure area for the exclusive use of the practitioner that…
- § 119316.2 (a) All body art procedures shall be completed inside the mobile body art facility. (b) The mobile body art facility’s doors and windows shall remain closed…
- § 119316.3 A mobile body art facility shall use only purchased disposable, single-use, presterilized instruments.
- § 119316.4 A mobile body art facility shall only be operated within 200 feet of an accessible restroom.
- § 119316.5 A mobile body art facility shall be used exclusively for performing body art and shall not be used as a living space or residence.
ARTICLE 5. Temporary Body Art Facilities §§ 119317–119318 · 3 sections
- § 119317 A practitioner may, in the local jurisdiction of registration, practice in a temporary demonstration booth for no more than seven days in a 90-day period. The…
- § 119317.5 A local enforcement agency may establish a fee not to exceed the amount necessary, but that is sufficient to cover, the actual costs of the administration of…
- § 119318 (a) The sponsor of a temporary body art event shall obtain all necessary permits to conduct business in the jurisdiction where the event will be held. The…
ARTICLE 6. Enforcement §§ 119319–119324.5 · 7 sections
- § 119319 (a) An enforcement officer may enter a body art facility during the facility’s hours of operation and other reasonable times to do any of the following: (1)…
- § 119320 (a) A certificate of registration or a health permit may be suspended by a local enforcement agency for a violation of this chapter. (b) A body art facility or…
- § 119321 If an imminent health hazard is found, the enforcement officer may suspend a registration temporarily and order the practitioner to cease operation if the…
- § 119322 The local enforcement agency may, after providing opportunity for a hearing, modify, suspend, or revoke a certificate of registration or a health permit for…
- § 119323 Performing body art without being registered, performing body art at an unpermitted location, operating a body art facility without a health permit, or…
- § 119324 A city, county, or city and county may adopt regulations or ordinances that do not conflict with, or are more stringent than, the provisions of this chapter as…
- § 119324.5 The local fees imposed pursuant to this chapter shall not exceed the reasonable costs to a local government for issuing licenses and permits, performing…
ARTICLE 7. Mechanical Stud and Clasp Ear Piercing §§ 119325–119328 · 4 sections
- § 119325 (a) The piercing of the ear with a mechanical stud and clasp device does not constitute body art or body piercing as defined in this chapter. It is the intent…
- § 119326 (a) The local enforcement agency may require a facility that provides mechanical stud and clasp ear piercing services to submit a notification form, which…
- § 119327 (a) A person piercing an ear with a mechanical stud and clasp piercing device shall meet the following requirements before providing mechanical stud and clasp…
- § 119328 (a) A local enforcement agency may charge a one-time facility notification fee in an amount between twenty-five dollars ($25) and forty-five dollars ($45) for…
CHAPTER 8. Drug Marketing Practices §§ 119400–119402 · 2 sections
- § 119400 The following definitions shall apply for purposes of this chapter: (a) “Dangerous drug” means any drug that is unsafe for self-use and includes either of the…
- § 119402 (a) Every pharmaceutical company shall adopt a Comprehensive Compliance Program that is in accordance with the April 2003 publication “Compliance Program…
CHAPTER 9. Electronic Cigarettes § 119406 · 1 section
- § 119406 (a) Commencing October 1, 2016, all cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette shall be in…