PART 7. CALIFORNIA RETAIL FOOD CODE [113700. - 114437.]

Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2.

§§ 113700–114437 · 529 sections

1. CHAPTER 1. General Provisions §§ 113700–113725.3 · 15 sections

   • § 113700 These provisions shall be known, and may be cited, as the California Retail Food Code, hereafter referred to as “this part.”
   • § 113703 The purpose of this part is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented through adoption of…
   • § 113705 The Legislature finds and declares that the public health interest requires that there be uniform statewide health and sanitation standards for retail food…
   • § 113707 The department shall adopt regulations to implement and administer this part.
   • § 113709 This part does not prohibit a local governing body from adopting an evaluation or grading system for food facilities, from prohibiting any type of food…
   • § 113711 In all laws and regulations, references to Chapter 4 (commencing with Section 113700) or the California Uniform Retail Food Facilities Law, shall mean this…
   • § 113713 (a) Primary responsibility for enforcement of this part shall be with the local enforcement agency. Nothing in this part shall prevent the department from…
   • § 113715 Any construction, alteration, remodeling, or operation of a food facility shall be approved by the enforcement agency and shall be in accordance with all…
   • § 113717 (a) Any person requesting the department to undertake any activity pursuant to paragraph (5) of subdivision (c) of Section 113871, Section 114417, paragraph…
   • § 113718 Notwithstanding Section 16350 of the Government Code, all moneys deposited in the Retail Food Safety and Defense Fund shall be transferred to the Food Safety…
   • § 113719 Structural and sanitation requirements shall be based on the food service activity to be conducted, the type of food that is to be prepared or served, and the…
   • § 113725 (a) The enforcement agency shall utilize a standardized food facility inspection format for food facility inspections that includes all of the following: (1)…
   • § 113725.1 A copy of the most recent routine inspection report conducted to assess compliance with this part shall be maintained at the food facility and made available…
   • § 113725.2 Local enforcement agencies, and the department when adequate funding is made available to the department, shall conduct routine training on food facility…
   • § 113725.3 (a) The department shall publish standardized procedures for enforcement agencies to report food facility inspection information regarding each food facility.…
2. CHAPTER 2. Definitions §§ 113728–113941 · 140 sections

   • § 113728 The following definitions apply in the interpretation and application of this part.
   • § 113729 “Food additive” has the meaning stated in Section 109940. “Color additive” has the meaning stated in Section 109895.
   • § 113729.5 “Acceptable market name” means a name that the FDA recognizes as a suitable statement of identity, as described in Section 101.3 of Title 21 of the Code of…
   • § 113732 “Adulterated” means either of the following: (a) Food that bears or contains any poisonous or deleterious substance that may render the food impure or…
   • § 113733 “Acute gastrointestinal illness” means a short duration illness most often characterized by either of the following, which are known to be commonly associated…
   • § 113734 “Approved” means acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws,…
   • § 113735 (a) “Approved source” means a food source allowed under Article 3 (commencing with Section 114021) of Chapter 4, or a producer, manufacturer, distributor, or…
   • § 113737 “aw” means water activity that is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor…
   • § 113739 “Beverage” means a liquid for drinking, including water.
   • § 113739.1 (a) “Catering operation” means a food service that is conducted by a permanent food facility approved for food preparation where food is served, or limited…
   • § 113740 “CCR” means the California Code of Regulations.
   • § 113742 “Certified farmers’ market” means a location that is certified by the State of California through the enforcement officers of the county agricultural…
   • § 113743 “Certified mobile farmers’ market” means a mobile food facility, as defined in Section 113831, that sells agricultural products, as defined in paragraph (1) of…
   • § 113744 “C.F.R.” means the Code of Federal Regulations. Citations in this part to the C.F.R. refer sequentially to the title, part, and section numbers, such as 21…
   • § 113747 (a) “CIP” means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing…
   • § 113747.1 “Cold water” means potable water that is not heated by an auxiliary method or source.
   • § 113748 “Commingle” means: (a) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label. (b) To combine…
   • § 113750 (a) “Comminuted” means reduced in size by methods including chopping, flaking, grinding, or mincing. (b) “Comminuted” includes fish or meat products that are…
   • § 113751 “Commissary” means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur: (a) Food,…
   • § 113752 “Community food producer” means a producer of agricultural products on land that is not zoned for agricultural use but is otherwise in compliance with…
   • § 113755 “Community event” means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of a civic, political,…
   • § 113756 “Condiment” means a nonpotentially hazardous food, such as relishes, spices, sauces, confections, or seasonings, that requires no additional preparation, and…
   • § 113757 “Consumer” means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food facility, and…
   • § 113758 (a) “Cottage food operation” means an enterprise that has no more than the amount in gross annual sales that is specified in this subdivision, is operated by a…
   • § 113759 “Control point” means any distinct procedure or step in receiving, storing, handling, preparing, displaying, transporting, or dispensing a food.
   • § 113760 “Critical control point” means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.
   • § 113761 “Critical limit” means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to…
   • § 113763 “Department” means the State Department of Public Health.
   • § 113767 “Easily cleanable” means a characteristic of a surface that allows effective removal of soil, food residue, or other organic or inorganic materials by normal…
   • § 113768 “Easily movable” means either of the following: (a) Portable; mounted on casters, gliders, or rollers so as to be moveable by one person; or provided with a…
   • § 113769 “Egg” means the shell egg of an avian species that includes chicken, duck, goose, guinea, quail, ratite, or turkey, except a balut and an egg product. “Egg”…
   • § 113770 “Employee” means the permitholder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person…
   • § 113773 “Enforcement agency” means the department or the local health agency having jurisdiction over the food facility.
   • § 113774 “Enforcement officer” means the director, agents, or environmental health specialists appointed by the State Public Health Officer, and all local health…
   • § 113777 (a) “Equipment” means an article that is used in the operation of a food facility, including, but not limited to, a freezer, grinder, hood, icemaker, meat…
   • § 113778 “Exclude” means to prevent a person from working as a food employee or entering a food facility except for those areas open to the general public.
   • § 113778.1 “FDA” means the United States Food and Drug Administration.
   • § 113778.2 “Farm stands” are premises, established in accordance with local ordinances and land use codes, defined under and operated pursuant to Chapter 10.5 (commencing…
   • § 113778.4 “Fabric implement” means a cloth or fabric, including, but not limited to, burlap and cheesecloth, that is used as part of the food process and comes in direct…
   • § 113779 (a) “Fish” means fresh or saltwater finfish, crustaceans, and other forms of aquatic life, other than birds or mammals, and all molluscan shellfish, if…
   • § 113780 “Fishermen’s market” means a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing two…
   • § 113781 “Food” means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human…
   • § 113783 “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable…
   • § 113784 “Food compartment” means an enclosed space, including, but not limited to, an air pot, blender, bulk dispensing system, covered chafing dish, and covered ice…
   • § 113786 “Food-contact surface” means either of the following: (a) A surface of equipment or a utensil with which food normally comes into contact. (b) A surface of…
   • § 113788 “Food employee” means an employee working with food, food equipment or utensils, or food-contact surfaces.
   • § 113789 (a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level,…
   • § 113790 (a) “Food handler” means an individual who is involved in the preparation, storage, or service of food in a food facility, as defined in subdivision (b), other…
   • § 113791 “Food preparation” means packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not…
   • § 113794 “Food safety program” means any city, county, or city and county program that requires, at a minimum, either of the following: (a) The training of one or more…
   • § 113794.1 “Food handler program” means any city, county, or city and county program that requires that all or a substantial portion of the employees of a food facility…
   • § 113794.3 “Fresh frozen” means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
   • § 113794.4 “Frozen food” means a food maintained at a temperature at which all moisture therein is in a solid state.
   • § 113795 (a) “Game animal” means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in Part…
   • § 113796 “Gleaner” means a person who legally gathers remnants of an agricultural crop or harvests part of, or all of, an agricultural crop made available by the owner…
   • § 113797 “Grade A standards” means the requirements of the United States Public Health Service/FDA “Grade A Pasteurized Milk Ordinance” and “Grade A Condensed and Dry…
   • § 113799 “HACCP” means a Hazard Analysis Critical Control Point.
   • § 113801 “HACCP plan” means a written document that complies with the requirements of Section 114419.1 and that delineates the formal procedures for following the…
   • § 113803 “Hazard” means a biological, chemical, or physical property that may cause an unacceptable public health risk.
   • § 113804 “Hearing officer” means a local health officer, a director of environmental health, or his or her designee.
   • § 113805 “Hermetically sealed container” means a container that is designed and intended to be secure against the entry of micro-organisms and, in the case of low acid…
   • § 113806 “Highly susceptible population” means a group of persons who are more likely than other people in the general population to experience foodborne disease…
   • § 113806.1 “Host facility” means a facility located in a brewery, winery, commercial building, or another location as approved by the local enforcement agency, that meets…
   • § 113807 “Hot dog” means a whole, cured, cooked sausage that is skinless or stuffed in a casing, that may be known as a frankfurter, frank, furter, wiener, red hot,…
   • § 113810 “Imminent health hazard” means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product,…
   • § 113812 “Impound” means the legal control exercised by the enforcement officer over the use, sale, disposal, or removal of any food, equipment, or utensils.
   • § 113814 “Injected” means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as “injecting,” “pinning,” or…
   • § 113815 “Juice” means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or…
   • § 113816 “Law” means applicable local, state, and federal statutes, regulations, and ordinances.
   • § 113818 (a) “Limited food preparation” means food preparation that is restricted to one or more of the following: (1) Heating, frying, baking, roasting, popping,…
   • § 113819 (a) “Limited service charitable feeding operation” means an operation for food service to a consumer solely for providing charity, that is conducted by a…
   • § 113820 “Linens” means fabric items such as cloth hampers, cloth napkins, tablecloths, wiping cloths, and work garments, including cloth gloves.
   • § 113820.5 (a) “Major food allergen” means all of the following: (1) Milk. (2) Eggs. (3) Fish, including, but not limited to, bass, flounder, and cod. (4) Crustacean…
   • § 113821 “Major violation” means a violation of this part that may pose an imminent health hazard and warrants immediate closure or other corrective action.
   • § 113823 “Meat” means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, and other edible animals, except fish, poultry, and…
   • § 113824 “Menu change” means a modification of a food facility’s menu that would require a change in the food facility’s food preparation methods, storage equipment, or…
   • § 113825 (a) “Microenterprise home kitchen operation” means a food facility that is operated by a resident in a private home where food is stored, handled, and prepared…
   • § 113827 “Minor violation” means a violation of this part that does not pose an imminent health hazard, but does warrant correction.
   • § 113831 (a) “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at…
   • § 113833 “Mobile support unit” means a vehicle used in conjunction with a commissary or other permanent food facility that travels to and services mobile food…
   • § 113835 “Molluscan shellfish” means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop…
   • § 113837 “Multiservice utensil” means a utensil manufactured for use more than one time.
   • § 113839 “Nonpermanent food facility” means a food facility that operates from a mobile unit or at a nonpermanent location, including, but not limited to, a certified…
   • § 113841 “Nonprofit charitable organization” means either of the following: (a) A corporation incorporated pursuant to the Nonprofit Corporation Law (Division 2…
   • § 113842 “Nonprofit charitable temporary food facilities” means either one of the following: (a) A temporary food facility, as defined in Section 113930, that is…
   • § 113843 “Open-air barbecue” means a piece of equipment designed for barbecuing food, where the food is prepared out of doors by cooking directly over hot coals, heated…
   • § 113846 “Outdoor wood-burning oven” means an oven located out of doors, that utilizes wood as the primary fuel for cooking and is operated by a temporary food…
   • § 113849 “Permanent food facility” means a food facility operating in a permanently constructed structure, including any room, building, place, or portion thereof,…
   • § 113851 (a) “Permit” means the document issued by the enforcement agency that authorizes a person to operate a food facility or cottage food operation. (b)…
   • § 113853 “Permitholder” means the entity that is legally responsible for the operation of the food facility, such as the owner, the owner’s agent, or other person, and…
   • § 113855 “Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, city,…
   • § 113856 “Person in charge” means the individual present at a food facility who is responsible for the operation of the food facility.
   • § 113859 (a) “Personal care items” means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person’s…
   • § 113861 “pH” means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution.…
   • § 113863 “Plumbing fixture” means a receptacle or device that is permanently or temporarily connected to the water distribution system of the premises and demands a…
   • § 113865 “Plumbing system” means the water supply and distribution pipes, plumbing fixtures and traps, soil, waste, and vent pipes, sanitary and storm sewers and…
   • § 113867 “Poisonous or toxic materials” means substances that are not intended for ingestion and are included in one of the following categories: (a) Cleaners and…
   • § 113868 “Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to…
   • § 113869 “Potable water” means water that complies with the standards for transient noncommunity water systems pursuant to the California Safe Drinking Water Act…
   • § 113871 (a) “Potentially hazardous food” means a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation. (b)…
   • § 113873 “Poultry” means either of the following: (a) Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in…
   • § 113874 “Premises” means: (a) The food facility, its contents, and the contiguous land or property and its facilities and contents that are under the control of the…
   • § 113876 “Prepackaged food” means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the…
   • § 113877 “Produce” means any whole edible portion of a plant in its raw and natural state.
   • § 113879 “Produce stand” means a permanent food facility that sells, offers for sale, or gives away only produce or shell eggs, or both, except that “produce stand”…
   • § 113880 “Producer” means a person or entity who produces shell eggs or edible plants by practice of the agricultural arts upon land that the person or entity controls.
   • § 113881 “Ready-to-eat food” means food that is in a form that is edible without additional preparation to achieve food safety, as specified in Section 114004 or…
   • § 113883 “Reduced-oxygen packaging” means the reduction of the amount of oxygen in a package by mechanically evacuating the oxygen, displacing the oxygen with another…
   • § 113885 “Refrigeration unit” means a mechanical unit that extracts heat from an area through liquefaction and evaporation of a fluid by a compressor, flame, or…
   • § 113887 “Refuse” means solid waste not carried by water through the sewage system.
   • § 113889 “Remodel” means construction, building, or repair to the food facility that requires a permit from the local building authority. For purposes of mobile food…
   • § 113893 (a) “Restricted food service facility” means either of the following: (1) A food facility of 20 guestrooms or less that provides overnight transient occupancy…
   • § 113894 “Restrict” means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food…
   • § 113895 “Retail” means the storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling food for dispensing or sale directly…
   • § 113897 “Sanitization” means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield…
   • § 113899 “Satellite food service” means a remotely located food service operation that is conducted on the same property as, in reasonable proximity to, and in…
   • § 113901 “Sealed” means free of cracks or other openings that allow the entry or passage of moisture.
   • § 113903 (a) “Service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a…
   • § 113907 “Shellfish certification number” means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer…
   • § 113909 “Shellfish control authority” means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes…
   • § 113911 “Shellstock” means raw, in-shell molluscan shellfish.
   • § 113912 “Shucked shellfish” means molluscan shellfish that have one or both shells removed.
   • § 113914 “Single-use articles” mean utensils, tableware, carry-out utensils, bulk food containers, and other items such as bags, containers, placemats, stirrers,…
   • § 113916 “Smooth” means any of the following: (a) A food-contact surface that is free of pits, pinholes, cracks, crevices, inclusions, rough edges, and other surface…
   • § 113917 “Swap meet” shall have the meaning set forth in Section 21661 of the Business and Professions Code.
   • § 113924 “Table-mounted equipment” means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.
   • § 113926 “Tableware” means eating, drinking, and serving utensils for table use, including forks, knives, spoons, bowls, cups, serving dishes, tumblers, and plates.
   • § 113928 “Temperature measuring device” means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.
   • § 113930 “Temporary food facility” means a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community…
   • § 113930.5 “Third-party food delivery platform” means a business engaged in the service of online food ordering and delivery from a food facility to a consumer. For…
   • § 113931 “Tight-fitting” means fabricated so that joining members are in contact along the entire seam with no opening greater than 1/64th inch (.04 cm).
   • § 113932 “Transporter” means any vehicle used to transport food pursuant to a prior order from a manufacturer, distributor, retail food facility, or other approved…
   • § 113933 “USDA” means the United States Department of Agriculture.
   • § 113934 “Utensil” means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as…
   • § 113936 “Variance” means a written document issued by the department that allows the use of an alternative practice or procedure based on a determination by the…
   • § 113938 “Vending machine” means a self-service device that, upon insertion of money or tokens, dispenses food without the necessity of replenishing the device between…
   • § 113939 “Vermin” means cockroaches, mice, rats, and similar pests that carry disease.
   • § 113939.1 “Vermin infestation” means the presence of vermin within the food facility as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or…
   • § 113940 “Warewashing” means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.
   • § 113941 “Warm water” means water that is supplied through a mixing valve or combination faucet at a temperature of at least 100ºF.
3. CHAPTER 3. Management and Personnel §§ 113945–113978 · 36 sections

   1. ARTICLE 1. Supervision §§ 113945–113945.1 · 2 sections

      • § 113945 The permitholder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food facility…
      • § 113945.1 Except as specified in Section 113984.1, the person in charge shall ensure that persons unnecessary to the food facility operation shall not be allowed in the…
   2. ARTICLE 2. Employee Knowledge §§ 113947–113948 · 8 sections

      • § 113947 (a) The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned…
      • § 113947.1 (a) Food facilities that prepare, handle, or serve nonprepackaged potentially hazardous food, except temporary food facilities, shall have an owner or employee…
      • § 113947.2 The food safety certification examination for purposes of Section 113947.1 shall include, but need not be limited to, all of the following elements of…
      • § 113947.3 (a) Food safety certification required pursuant to Section 113947.1 shall be achieved by successfully passing an examination from an accredited food protection…
      • § 113947.4 Except as provided in Section 113947.5, no city, county, or city and county may enact, adopt, implement, or enforce any requirement that any food facility or…
      • § 113947.5 Certification conferred pursuant to this part shall be recognized throughout the state. Nothing in this part shall be construed to prohibit any enforcement…
      • § 113947.6 Notwithstanding Section 114395, a violation of any provision in Sections 113947.1 to 113947.5, inclusive, shall constitute an infraction punishable by a fine…
      • § 113948 (a) (1) Subject to the exceptions described in subdivision (e), a food handler who is hired prior to June 1, 2011, shall obtain a food handler card on or…
   3. ARTICLE 3. Employee Health §§ 113949–113950.5 · 7 sections

      • § 113949 It is the intent of the Legislature to reduce the likelihood of foodborne disease transmission by preventing any food employee who is suffering from symptoms…
      • § 113949.1 (a) When a local health officer is notified of an illness that can be transmitted by food in a food facility or by an employee of a food facility, the local…
      • § 113949.2 The owner who has a food safety certificate issued pursuant to Section 113947.1 or the food employee who has this food safety certificate shall instruct all…
      • § 113949.4 A food employee shall do both of the following: (a) Report to the person in charge the information specified under Section 113949.2. (b) Comply with the…
      • § 113949.5 (a) The person in charge shall notify the local enforcement agency when notified that the food employee has been diagnosed with an infectious agent specified…
      • § 113950 (a) The local health officer or, in consultation with the local health officer, the local enforcement agency shall do either of the following: (1) Exclude a…
      • § 113950.5 (a) The person in charge may remove a restriction for a food employee upon the resolution of symptoms as reported by a food employee if the food employee…
   4. ARTICLE 4. Handwashing §§ 113952–113963 · 9 sections

      • § 113952 Food employees shall keep their hands and exposed portions of their arms clean.
      • § 113953 (a) Handwashing facilities shall be provided within or adjacent to toilet rooms. The number of handwashing facilities required shall be in accordance with…
      • § 113953.1 (a) A handwashing facility shall be clean, unobstructed, and accessible at all times for employee use. (b) A handwashing facility shall not be used for…
      • § 113953.2 A handwashing facility shall be provided with the following in dispensers at, or adjacent to, each handwashing facility: (a) Handwashing cleanser. (b) Sanitary…
      • § 113953.3 (a) Except as specified in subdivisions (b) and (c), all employees shall thoroughly wash their hands and that portion, if any, of their arms exposed to direct…
      • § 113953.4 (a) A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap shall meet either one of the…
      • § 113953.5 (a) Except as specified in subdivision (b), a sign or poster that notifies food employees to wash their hands shall be posted at all handwashing lavatories…
      • § 113961 (a) Food employees shall minimize bare hand and arm contact with nonprepackaged food that is in a ready-to-eat form. (b) Food employees shall use nonlatex…
      • § 113963 Consistent with Section 113952, a food employee working in any food facility, as defined in Section 113789 of the Health and Safety Code, shall be permitted to…
   5. ARTICLE 5. Personal Cleanliness §§ 113967–113971 · 4 sections

      • § 113967 No employee shall commit any act that may cause the contamination or adulteration of food, food-contact surfaces, or utensils.
      • § 113968 Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.
      • § 113969 (a) Except as specified in subdivision (b), all food employees preparing, serving, or handling food or utensils shall wear hair restraints, such as hats, hair…
      • § 113971 Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-use articles.
   6. ARTICLE 6. Hygienic Practices §§ 113973–113978 · 6 sections

      • § 113973 (a) Single-use nonlatex gloves shall be worn when contacting food and food-contact surfaces if the employee has any cuts, sores, rashes, artificial nails, nail…
      • § 113974 Food employees experiencing, while at work in a food facility, persistent sneezing, coughing, or runny nose that is associated with discharges from the eyes,…
      • § 113975 (a) Except as provided in subdivision (b), an employee who has a wound that is open or draining shall not handle food. (b) A food employee who has a wound is…
      • § 113976 Unless a utensil used to taste food is discarded after the first time it is used for this purpose and before the next tasting or any other use, the utensil…
      • § 113977 (a) Except as specified in subdivision (b), an employee shall eat, drink, or use any form of tobacco only in designated areas where contamination of…
      • § 113978 Food facilities shall have a “no smoking” sign posted in the food preparation, food storage, and warewashing areas.
4. CHAPTER 4. General Food Safety Requirements §§ 113980–114094.5 · 67 sections

   1. ARTICLE 1. Protection from Contamination §§ 113980–113992 · 8 sections

      • § 113980 All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, kept for sale, and served so as to be pure and free from…
      • § 113982 (a) Except as specified in subdivision (b), food shall be transported in a manner that meets the following requirements: (1) The interior floor, sides, and top…
      • § 113984 (a) Adequate and suitable counter space shall be provided for all food preparation operations. (b) Except as specified in subdivision (c), food preparation…
      • § 113984.1 Consumer access to a food facility through the food preparation area is permissible, at the discretion of the permitholder, if ready-to-eat foods are prepared…
      • § 113986 (a) Food shall be protected from cross-contamination by utilizing one or more of the following methods: (1) Separating raw food of animal origin during…
      • § 113988 (a) Food shall be protected from contamination that may result from the addition of unsafe or unapproved food or color additives or unsafe or unapproved levels…
      • § 113990 Ice that has been used as a medium for cooling the exterior surfaces of food such as melons or fish, prepackaged foods such as canned beverages, or cooling…
      • § 113992 (a) Produce shall be thoroughly washed in potable water to remove soil and other contaminants before being cut, combined with other ingredients, cooked,…
   2. ARTICLE 2. Time and Temperature Relationships §§ 113996–114020 · 13 sections

      • § 113996 (a) Except during preparation, cooking, cooling, transportation to or from a retail food facility for a period of less than 30 minutes, or when time is used as…
      • § 113998 If it is necessary to remove potentially hazardous food from the specified holding temperatures to facilitate preparation, this preparation shall in no case…
      • § 114000 (a) Except as specified in subdivision (b), if time only, rather than time in conjunction with temperature, is used as the public health control for a working…
      • § 114002 (a) Whenever food has been prepared or heated so that it becomes potentially hazardous, it shall be rapidly cooled if not held at or above 135°F. (b) After…
      • § 114002.1 (a) The rapid cooling of potentially hazardous foods shall be accomplished in accordance with the time and temperature criteria specified in Section 114002 by…
      • § 114004 (a) Except as specified in subdivision (b) or (c), raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods shall be…
      • § 114008 Raw foods of animal origin cooked in a microwave oven shall meet all of the following requirements: (a) Be rotated or stirred throughout or midway during…
      • § 114010 Fruits and vegetables that are cooked for hot holding shall be cooked to a minimum temperature of 135ºF.
      • § 114012 Except as specified in Section 114091, pasteurized eggs or pasteurized egg products shall be substituted for raw shell eggs in the preparation of foods such as…
      • § 114014 Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order may be served at any temperature.
      • § 114016 (a) Except as specified under subdivisions (b) and (c), potentially hazardous food that is cooked, cooled, and reheated for hot holding shall be reheated so…
      • § 114018 Frozen foods shall be stored and displayed in their frozen state unless being thawed in accordance with Section 114020.
      • § 114020 Frozen potentially hazardous food shall only be thawed in one of the following ways: (a) Under refrigeration that maintains the food temperature at 41°F or…
   3. ARTICLE 3. Food from Approved Sources §§ 114021–114031 · 7 sections

      • § 114021 (a) Food shall be obtained from sources that comply with all applicable laws. (b) Food stored or prepared in a private home shall not be used or offered for…
      • § 114023 Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction…
      • § 114024 (a) Liquid, frozen, and dry eggs and egg products shall be obtained pasteurized. (b) Frozen milk products, such as ice cream, shall be obtained pasteurized as…
      • § 114025 Ice for use as a food or a cooling medium shall be made from potable water.
      • § 114027 Fish that are received for sale or service shall be commercially and legally caught or harvested.
      • § 114029 (a) Molluscan shellfish shall be obtained from sources according to law or the requirements specified in the United States Department of Health and Human…
      • § 114031 (a) Game animals shall be received from an approved source. (b) A game animal shall not be received for sale or service if it is a species of wildlife that is…
   4. ARTICLE 4. Receipt of Food §§ 114035–114041 · 9 sections

      • § 114035 (a) Food shall be inspected as soon as practicable upon receipt and prior to any use, storage, or resale. (b) Food shall be accepted only if the inspection…
      • § 114037 (a) Except as specified in subdivision (b), refrigerated, potentially hazardous food may be at a temperature of 45°F or below when received, if the potentially…
      • § 114039 (a) Raw shucked shellfish shall be obtained in nonreturnable packages that bear a legible label that identifies the name, address, and certification number of…
      • § 114039.1 (a) Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester or each dealer that…
      • § 114039.2 When received by a food facility, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock…
      • § 114039.3 (a) Except as specified in subdivisions (b) and (c), molluscan shellfish shall not be removed from the container in which they are received other than…
      • § 114039.4 (a) Except as specified by subdivision (b), shellstock tags shall remain attached to the container in which the shellstock are received until the container is…
      • § 114039.5 (a) Except as specified in subdivision (b), molluscan shellfish life-support system display tanks shall not be used to display shellfish that are offered for…
      • § 114041 (a) Shell eggs shall be received clean and sound. (b) Shell eggs shall not exceed the restricted egg tolerances for United States Consumer Grade B Standards.
   5. ARTICLE 5. Food Storage §§ 114047–114055 · 5 sections

      • § 114047 (a) Adequate and suitable space shall be provided for the storage of food. (b) Except as specified in subdivisions (c), (d), and (e), food shall be protected…
      • § 114049 Food shall not be stored in any of the following ways: (a) In locker rooms. (b) In toilet rooms. (c) In dressing rooms. (d) In refuse rooms. (e) In mechanical…
      • § 114051 Working containers holding food or food ingredients that are removed from their original packages for use in the food facility, such as cooking oils, flour,…
      • § 114053 (a) Prepackaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging,…
      • § 114055 (a) Products that are held by the permitholder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be…
   6. ARTICLE 6. Specialized Processing Methods §§ 114057–114057.1 · 2 sections

      • § 114057 (a) Potentially hazardous foods that are packed by the food facility in reduced-oxygen packaging or have been partially cooked and sealed in any container or…
      • § 114057.1 (a) A food facility that packages food using a reduced-oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final…
   7. ARTICLE 7. Food Display and Service §§ 114060–114083 · 12 sections

      • § 114060 (a) Except for nuts in the shell and whole raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption,…
      • § 114063 (a) Raw, nonprepackaged food of animal origin, such as beef, lamb, pork, poultry, and eviscerated fish, shall not be offered for consumer self-service. This…
      • § 114065 Notwithstanding Section 114266, this section shall not be construed to require the enclosure, during operating hours, of consumer self-service nonpotentially…
      • § 114067 (a) Satellite food service is restricted to limited food preparation. (b) Satellite food service shall only be operated by a fully enclosed permanent food…
      • § 114069 Only prepackaged nonpotentially hazardous food or uncut produce may be displayed or sold outdoors by a food facility if all of the following conditions are…
      • § 114073 Bulk milk container dispensing tubes shall be cut on the diagonal leaving no more than one inch protruding from the chilled dispensing head.
      • § 114074 If tableware is preset, exposed, and unused, extra settings shall either be removed when a consumer is seated or cleaned and sanitized before further use.
      • § 114075 (a) Except for refilling a consumer’s drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or…
      • § 114077 Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the…
      • § 114079 (a) Except as specified in subdivisions (b) and (c), after being served or sold and in the possession of a consumer, food that is unused or returned by the…
      • § 114081 (a) Single-use articles and cleaned and sanitized multiservice utensils shall be handled, displayed, and dispensed so that contamination of food and…
      • § 114083 Soiled tableware shall be removed from consumer eating and drinking areas and handled so that clean tableware, food, and food-contact surfaces are not…
   8. ARTICLE 8. Consumer Information §§ 114087–114094.5 · 11 sections

      • § 114087 (a) Food offered for human consumption shall be honestly presented in a way that does not mislead or misinform the consumer. (b) Food or color additives,…
      • § 114088 A cottage food product, as defined in Section 113758, that is served by a food facility without packaging or labeling, as described in Section 114365, shall be…
      • § 114089 (a) Food prepackaged in a food facility shall bear a label that complies with the labeling requirements prescribed by the Sherman Food, Drug, and Cosmetic Law…
      • § 114089.1 (a) Except as specified in subdivision (c) of Section 114089, every bakery product shall have a protective wrapping that shall bear a label that complies with…
      • § 114090 (a) If required by law, consumer warnings shall be provided. (b) Food facility’s or manufacturer’s dating information on foods may not be concealed or altered.
      • § 114091 In a licensed health care facility and a public or private school cafeteria, the following shall apply: (a) Only pasteurized juice may be served. (b) Only…
      • § 114093 (a) Except as specified in subdivision (c) and paragraph (2) of subdivision (d) of Section 114004 and pursuant to subdivision (e) of Section 114091, if an…
      • § 114093.1 (a) Any food facility that serves or sells over the counter directly to the consumer an unlabeled or nonprepackaged food that is a confectionery that contains…
      • § 114093.5 (a) Commencing July 1, 2026, a food facility that is subject to Section 343(q)(5)(H) of Title 21 of the United States Code that serves or sells food to the…
      • § 114094 (a) A food facility subject to Section 343(q)(5)(H) of Title 21 of the United States Code or subject to this section as it read on July 1, 2011, shall comply…
      • § 114094.5 (a) A retail food facility shall not sell or offer for sale after the “use by” date, infant formula or baby food that is required to have this date on its…
5. CHAPTER 5. Cleaning and Sanitizing of Equipment and Utensils §§ 114095–114125 · 26 sections

   • § 114095 All food facilities in which food is prepared or in which multiservice utensils and equipment are used shall provide manual methods to effectively clean and…
   • § 114097 Equipment food-contact surfaces and multiservice utensils shall be effectively washed to remove or completely loosen soils by the use of manual or mechanical…
   • § 114099 (a) Manual warewashing sinks, except as specified in subdivision (c), shall have at least three compartments with two integral metal drainboards for manually…
   • § 114099.1 (a) During manual or mechanical warewashing, food debris on equipment and utensils shall be scraped over a waste disposal unit, scupper, or garbage receptacle.…
   • § 114099.2 (a) Notwithstanding Section 114099, manual warewashing shall be accomplished by using a three-compartment sink. (b) The temperature of the washing solution…
   • § 114099.3 Alternative manual warewashing equipment may be used when there are special cleaning needs or constraints, such as when equipment is fixed or the utensils are…
   • § 114099.4 If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the sink shall be designed with an integral heating…
   • § 114099.5 In manual warewashing operations, a temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing…
   • § 114099.6 Manual sanitization shall be accomplished in the final sanitizing rinse by one of the following: (a) Immersion for at least 30 seconds where the water…
   • § 114099.7 Mechanical sanitization shall be accomplished in the final sanitizing rinse by one of the following: (a) By being cycled through equipment that is used in…
   • § 114101 (a) Mechanical machine warewashing shall be accomplished by using an approved machine installed and operated in accordance with the manufacturer’s…
   • § 114101.1 A warewashing machine shall be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the…
   • § 114101.2 A warewashing machine shall be equipped with a temperature measuring device that indicates the temperature of the water as the water enters the hot water…
   • § 114103 (a) Except as provided in subdivisions (b) and (c), all warewashing equipment shall be provided with two integral metal drainboards of adequate size and…
   • § 114105 After cleaning and sanitizing, equipment and utensils shall be air dried or used after adequate draining before contact with food and shall not be cloth dried,…
   • § 114107 (a) Testing equipment and materials shall be provided to adequately measure the applicable sanitization method used during manual or mechanical warewashing.…
   • § 114109 (a) Drying agents used in conjunction with sanitization shall contain only components that are listed as one of the following: (1) Generally Recognized as Safe…
   • § 114111 (a) If used, dry cleaning methods such as brushing, scraping, and vacuuming shall contact only surfaces that are soiled with dry nonpotentially hazardous food…
   • § 114113 Food shall only contact surfaces of equipment and utensils that are cleaned and sanitized.
   • § 114115 (a) Equipment food-contact surfaces and utensils shall be clean to sight and touch. (b) The food-contact surfaces of cooking equipment and pans shall be kept…
   • § 114117 (a) Equipment food-contact surfaces and utensils shall be cleaned and sanitized at the following times: (1) Except as specified in subdivision (b), before each…
   • § 114118 Fabric implements shall be laundered and sanitized before or after use in direct contact with food.
   • § 114119 During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored in the following manner: (a) Except as specified…
   • § 114121 (a) Except as specified in subdivisions (b), (c), and (d), returned empty containers intended for filling with food or beverage shall be cleaned and filled in…
   • § 114123 Except as specified in Section 114125, food preparation sinks, handwashing lavatories, and warewashing equipment shall not be used for the cleaning of…
   • § 114125 (a) A warewashing sink shall not be used for handwashing except in food facilities that were not constructed or extensively remodeled since January 1, 1996,…
6. CHAPTER 6. Equipment, Utensils, and Linens §§ 114130–114185.5 · 41 sections

   1. ARTICLE 1. Design and Construction §§ 114130–114145 · 15 sections

      • § 114130 (a) Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. (b) Except…
      • § 114130.1 Materials that are used in the construction of utensils and food-contact surfaces of equipment shall not allow the migration of deleterious substances or…
      • § 114130.2 Materials that are used to make single-use articles shall not allow the migration of deleterious substances or impart colors, odors, or tastes to food, and…
      • § 114130.3 (a) Multiuse food-contact surfaces shall be all of the following: (1) Smooth. (2) Free of breaks, open seams, cracks, chips, inclusions, pits, and similar…
      • § 114130.4 Nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning shall be constructed of a…
      • § 114130.5 (a) Except for CIP equipment in operation before the effective date of this part, CIP equipment shall meet the characteristics of a food contact surface and…
      • § 114130.6 Materials that are used in fabric implements shall not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under…
      • § 114132 (a) Except as specified in this section, wood and wood wicker shall not be used as a food-contact surface. (b) Hard maple or an equivalently hard,…
      • § 114133 (a) Except as specified in subdivision (b), copper and copper alloys such as brass may not be used in contact with a food that has a pH below six, such as…
      • § 114135 Sponges shall not be used in contact with cleaned and sanitized or in-use food-contact surfaces.
      • § 114137 Except for hot oil cooking or filtering equipment, “V” type threads shall not be used on food-contact surfaces.
      • § 114139 Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement.
      • § 114141 Lubricants shall be applied to food-contact surfaces that require lubrication in a manner that does not contaminate food or food-contact surfaces. Equipment…
      • § 114143 Notwithstanding any of the provisions of this part, neither the department nor any city, county, city and county air pollution control district, or air quality…
      • § 114145 Vending machines shall meet all applicable requirements of this part and shall comply with the following: (a) Each vending machine or machine location shall…
   2. ARTICLE 2. Ventilation §§ 114149–114149.3 · 4 sections

      • § 114149 (a) All areas of a food facility shall have sufficient ventilation to facilitate proper food storage and to provide a reasonable condition of comfort for each…
      • § 114149.1 (a) Mechanical exhaust ventilation equipment shall be provided over all cooking equipment as required to effectively remove cooking odors, smoke, steam,…
      • § 114149.2 (a) Every hood shall be installed to provide for thorough cleaning of all interior and exterior surfaces, including, but not limited to, the hood, filters,…
      • § 114149.3 Heating, ventilating, and air conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of…
   3. ARTICLE 3. Location and Installation §§ 114153–114172 · 10 sections

      • § 114153 Equipment for cooling and heating food and for holding cold and hot food shall be sufficient in number and capacity to ensure proper food temperature control…
      • § 114157 (a) A thermometer shall be provided for each refrigeration unit. (b) The thermometer shall be located to indicate the air temperature in the warmest part of…
      • § 114159 (a) Except for vending machines, an accurate, easily readable, metal probe thermometer suitable for measuring the temperature of food shall be readily…
      • § 114161 (a) Except as specified in subdivision (b), equipment, a cabinet used for the storage of food, or a cabinet that is used to store cleaned and sanitized…
      • § 114163 (a) Except as specified in subdivision (b), all permanent food facilities that wash, rinse, soak, thaw, or similarly prepare foods shall be provided with a…
      • § 114165 Dollies, pallets, racks, and skids used to store and transport large quantities of prepackaged foods received from a supplier in a cased or overwrapped lot…
      • § 114167 Beverage tubing and cold-plate beverage cooling devices shall not be installed in contact with stored ice intended to be used for food or beverages. This…
      • § 114169 (a) Equipment that is fixed because it is not easily movable shall be installed so that it is: (1) Spaced to allow access for cleaning along the sides, behind,…
      • § 114171 Liquid waste drain lines shall not pass through an ice machine or ice storage bin.
      • § 114172 All pressurized cylinders shall be securely fastened to a rigid structure.
   4. ARTICLE 4. Maintenance and Operation §§ 114175–114182 · 6 sections

      • § 114175 Equipment and utensils shall be kept clean, fully operative, and in good repair.
      • § 114177 Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and…
      • § 114178 (a) Except as specified in subdivision (d), cleaned equipment and utensils, laundered linens, and single-use articles shall be stored in a clean, dry location…
      • § 114179 (a) Except as specified in subdivision (b), cleaned and sanitized equipment, utensils, laundered linens, and single-use articles shall not be stored in any of…
      • § 114180 (a) A reservoir that is used to supply water to a device such as a produce fogger shall be maintained in accordance with manufacturer’s specifications and…
      • § 114182 Electrical power shall be supplied at all times to operate the approved exhaust, lighting, electric water heaters and refrigeration units, and any other…
   5. ARTICLE 5. Linens §§ 114185–114185.5 · 6 sections

      • § 114185 Except for linen used in fabric implements, linen shall not be used in contact with food unless they are used to line a container for the service of foods and…
      • § 114185.1 (a) Wiping cloths that are in use for cleaning food spills shall not be used for any other purpose. (b) Cloths used for wiping food spills shall be dry and…
      • § 114185.2 Clean linens shall be free of food residues and other soiling matter.
      • § 114185.3 (a) Linens that do not come in direct contact with food shall be laundered when they become wet, sticky, or visibly soiled. (b) Cloth gloves shall be laundered…
      • § 114185.4 (a) Adequate and suitable space shall be provided for the storage of clean linens. (b) Soiled linens shall be kept in clean, nonabsorbent receptacles or clean,…
      • § 114185.5 (a) Laundry facilities on the premises of a food facility shall be used only for the washing and drying of items used in the operation of the establishment.…
7. CHAPTER 7. Water, Plumbing, and Waste §§ 114189–114245.7 · 41 sections

   1. ARTICLE 1. Water §§ 114189–114195 · 8 sections

      • § 114189 The enforcement agency may monitor and enforce the potable drinking water standards in the California Safe Drinking Water Act (Chapter 4 commencing with…
      • § 114189.1 Chemicals used as boiler water additives shall meet the requirements specified in 21 C.F.R. 173.310.
      • § 114190 All plumbing and plumbing fixtures shall be installed in compliance with applicable local plumbing ordinances, shall be maintained so as to prevent any…
      • § 114192 (a) Except as provided in subdivision (d), an adequate, protected, pressurized, potable supply of hot water and cold water shall be provided. Hot water shall…
      • § 114192.1 (a) Water under pressure shall be permanently plumbed to all fixtures, equipment, and nonfood equipment that are required to use water, except for water…
      • § 114193 (a) All steam tables, ice machines and bins, food preparation sinks, warewashing sinks, display cases, walk-in refrigeration units, and other similar equipment…
      • § 114193.1 An air gap between the water supply inlet and the flood level rim of the plumbing fixture, equipment, or nonfood equipment shall be at least twice the diameter…
      • § 114195 (a) The water source and system shall be of sufficient capacity to meet the peak water demands of the food facility. (b) Hot water generation and distribution…
   2. ARTICLE 2. Liquid Waste §§ 114197–114201 · 3 sections

      • § 114197 Liquid waste shall be disposed of through the approved plumbing system and shall discharge into the public sewerage or into an approved private sewage disposal…
      • § 114199 Equipment compartments that are subject to accumulation of moisture due to conditions such as condensation, food or beverage drip, or water from melting ice,…
      • § 114201 (a) If provided, a grease trap or grease interceptor shall not be located in a food or utensil handling area unless specifically approved by the enforcement…
   3. ARTICLE 3. Mobile Water and Wastewater Tanks §§ 114205–114242 · 21 sections

      • § 114205 (a) Nonpermanent food facilities that handle nonprepackaged food shall be equipped with potable water and wastewater tanks, unless approved temporary water and…
      • § 114207 Materials that are used in the construction of potable water and wastewater tanks and appurtenances shall be safe, durable, corrosion-resistant, nonabsorbent,…
      • § 114209 Potable water tanks and wastewater tanks shall be sloped to an outlet that ensures complete drainage of the tank and designed and constructed so as to be…
      • § 114211 (a) The water system shall be designed and constructed using materials that enable water to be introduced without contamination. (b) All tanks, line couplings,…
      • § 114213 (a) Any potable water or wastewater tank mounted within a mobile food facility or mobile support unit shall have an air vent overflow provided in a manner that…
      • § 114215 Hoses used in conjunction with nonpermanent food facilities shall meet all of the following requirements: (a) A hose used for conveying potable water from a…
      • § 114217 (a) A potable water tank of sufficient capacity to furnish an adequate quantity of potable water for food preparation, warewashing, and handwashing purposes…
      • § 114219 A potable water tank shall be enclosed from the filling inlet to the discharge outlet and emptied to ensure complete drainage of the tank.
      • § 114221 (a) Water tanks shall be designed with an access port for inspection and cleaning. The access port shall be in the top of the tank and flanged upward at least…
      • § 114223 A fitting with “V” type threads on a water tank inlet or outlet shall be allowed only when a hose is permanently attached.
      • § 114225 (a) Potable water tanks shall be installed in a manner that will allow water to be filled with an easily accessible inlet. (b) A potable water tank’s inlet and…
      • § 114227 A filter that does not pass oil or oil vapors shall be installed in the air supply line between the compressor and potable water system when compressed air is…
      • § 114229 If not in use, a potable water tank and hose inlet and outlet fitting shall be protected using a cap and keeper chain, quick disconnect, closed cabinet, closed…
      • § 114231 A nonpermanent food facility’s potable water tank inlet shall be three-fourths inch in inner diameter or less and provided with a hose connection of a size or…
      • § 114233 A water tank, pump, and hoses shall be flushed and sanitized before being placed in service after construction, repair, modification, and periods of nonuse.
      • § 114235 A person shall operate a water tank, pump, and hoses so that backflow and other contamination of the water supply are prevented.
      • § 114238 A water tank, pump, and hoses used for conveying potable water shall not be used for any other purpose.
      • § 114239 (a) Potable water tanks may be constructed in a manner that will allow for a potable water tank to be removed from within the nonpermanent food facility…
      • § 114240 (a) Wastewater tanks shall be of a capacity commensurate with the level of food handling activity. (b) Wastewater tanks shall have a minimum capacity that is…
      • § 114241 (a) Wastewater tanks may be constructed in a manner that will allow the wastewater tank to be removed from within the approved nonpermanent food facility…
      • § 114242 Wastewater tanks shall be thoroughly flushed and drained in a sanitary manner during the servicing operation.
   4. ARTICLE 4. Refuse §§ 114244–114245.7 · 9 sections

      • § 114244 (a) Each food facility shall be provided with any facilities and equipment necessary to store or dispose of all waste material. (b) Waste receptacles shall be…
      • § 114245 (a) An area designated for refuse, recyclables, returnables, and a redeeming machine for recyclables or returnables shall be located so that it is separate…
      • § 114245.1 (a) All refuse, recyclables, and returnables shall be kept in nonabsorbent, durable, cleanable, leakproof, and rodentproof containers and shall be contained so…
      • § 114245.2 Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may…
      • § 114245.3 If located within the food facility, a storage area for refuse, recyclables, and returnables shall meet the requirements for floors, walls, ceilings, and…
      • § 114245.4 If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete…
      • § 114245.5 Receptacles and waste handling units for refuse and recyclables shall be installed so that accumulation of debris and insect and rodent attraction and…
      • § 114245.6 (a) Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food,…
      • § 114245.7 (a) Except as specified in subdivision (b), suitable cleaning implements and supplies such as high pressure pumps, hot water, steam, and detergent shall be…
8. CHAPTER 8. Physical Facilities §§ 114250–114259.5 · 20 sections

   1. ARTICLE 1. Toilet Facilities §§ 114250–114250.1 · 2 sections

      • § 114250 Clean toilet rooms in good repair shall be provided and conveniently located and accessible for use by employees during all hours of operation. The number of…
      • § 114250.1 (a) Food facilities located within amusement parks, stadiums, arenas, food courts, fairgrounds, and similar premises shall not be required to provide toilet…
   2. ARTICLE 2. Lighting §§ 114252–114252.1 · 2 sections

      • § 114252 In every room and area in which any food is prepared, manufactured, processed, or prepackaged, or in which equipment or utensils are cleaned, sufficient…
      • § 114252.1 (a) Except as specified in subdivision (b), light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is nonprepackaged…
   3. ARTICLE 3. Poisonous and Toxic Materials §§ 114254–114254.3 · 4 sections

      • § 114254 Only those insecticides, rodenticides, and other pesticides that are necessary and specifically approved for use in a food facility may be used. The use shall…
      • § 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…
      • § 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,…
      • § 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.
   4. ARTICLE 4. Employee Storage Areas §§ 114256–114256.4 · 4 sections

      • § 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.…
      • § 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…
      • § 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,…
      • § 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…
   5. ARTICLE 5. Premises and Facilities §§ 114257–114257.1 · 2 sections

      • § 114257 All premises of a food facility shall be kept clean fully operative, and in good repair.
      • § 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…
   6. ARTICLE 6. Vermin and Animals §§ 114259–114259.5 · 6 sections

      • § 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,…
      • § 114259.1 The premises of each food facility shall be kept free of vermin.
      • § 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…
      • § 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…
      • § 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…
      • § 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…
9. CHAPTER 9. Permanent Food Facilities §§ 114265–114289.5 · 15 sections

   • § 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…

   1. ARTICLE 1. Floors, Walls, and Ceilings §§ 114266–114272 · 6 sections

      • § 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…
      • § 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,…
      • § 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…
      • § 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…
      • § 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)…
      • § 114272 Mats and duckboards shall be designed to be removable and easily cleanable.
   2. ARTICLE 2. Toilet Facilities § 114276 · 1 section

      • § 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…
   3. ARTICLE 3. Janitorial Facilities §§ 114279–114282 · 3 sections

      • § 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…
      • § 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…
      • § 114282 After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies.
   4. ARTICLE 4. Premises §§ 114285–114286 · 2 sections

      • § 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…
      • § 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…
   5. ARTICLE 5. Prepackaged Nonpotentially Hazardous Foods §§ 114289–114289.5 · 2 sections

      • § 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…
      • § 114289.5 The enforcement agency may recover the costs of investigation and enforcement of this article.
10. CHAPTER 10. Mobile Food Facilities §§ 114294–114327 · 22 sections

    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 114301 (a) Except to the extent that an alternative construction standard is explicitly prescribed by this section, construction standards for mobile food facilities…
    • § 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…
    • § 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,…
    • § 114306 (a) A single operating site mobile food facility is restricted to produce, prepackaged food, and limited food preparation. (b) Notwithstanding Section 113984,…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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.
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 114326 All commissaries and other approved facilities servicing mobile support units, mobile food facilities, and vending machines shall meet the applicable…
    • § 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…
11. CHAPTER 10.1. Catering Operations and Host Facilities §§ 114328–114328.1 · 2 sections

    • § 114328 (a) A catering operation shall meet the applicable requirements in Chapters 1 (commencing with Section 113700) to 8 (commencing with Section 114250),…
    • § 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…
12. CHAPTER 10.5. Nonprofit Charitable Temporary Food Facilities §§ 114332–114332.7 · 7 sections

    • § 114332 This article governs sanitation requirements for nonprofit charitable temporary food facilities.
    • § 114332.1 Nonprofit charitable temporary food facilities may operate up to four times annually. These four time periods shall not exceed 72 hours each.
    • § 114332.2 (a) Except where all food and beverage is prepackaged, handwashing and warewashing facilities approved by the enforcement officer shall be provided for…
    • § 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…
    • § 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.
    • § 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…
    • § 114332.7 Nothing in this article shall prevent a local enforcement agency from performing inspections of, or requiring permits for, any nonprofit charitable temporary…
13. CHAPTER 10.6. Limited Service Charitable Feeding Operation §§ 114333–114333.2 · 3 sections

    • § 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…
    • § 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…
    • § 114333.2 The local enforcement agency may recover the reasonable regulatory costs of the administration, implementation, investigation, and enforcement of this chapter…
14. CHAPTER 11. Temporary Food Facilities §§ 114335–114363 · 17 sections

    • § 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…
    • § 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…
    • § 114339 (a) No home canned or home processed foods shall be permitted within a temporary food facility. (b) Notwithstanding subdivision (a), nonpotentially hazardous…
    • § 114341 (a) Notwithstanding Section 113984, all food preparation at a community event shall be conducted within the temporary food facility or other approved food…
    • § 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…
    • § 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…
    • § 114347 Temporary food facilities that handle nonprepackaged food shall provide floors constructed of concrete, asphalt, tight wood, or other similar cleanable…
    • § 114349 (a) Temporary food facilities shall be equipped with overhead protection for all food preparation, food storage, and warewashing areas. Overhead protection…
    • § 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…
    • § 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…
    • § 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…
    • § 114355 Ice used for refrigeration purposes shall not be used for consumption in food or beverages.
    • § 114356 (a) Notwithstanding Section 114047, during periods of operation, supplies and nonpotentially hazardous food, in unopened containers may be stored adjacent to…
    • § 114358 (a) Notwithstanding Section 113953, handwashing facilities for temporary food facilities that operate for three days or less may include a container capable of…
    • § 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…
    • § 114361 Temporary food facilities that operate for more than one day shall be cleaned and serviced by methods approved by the enforcement agency.
    • § 114363 Based upon local environmental conditions, location, and other similar factors, the enforcement officer may establish additional structural or operational…
15. CHAPTER 11.5. Cottage Food Operations §§ 114365–114365.6 · 4 sections

    • § 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…
    • § 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…
    • § 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…
    • § 114365.6 (a) The State Public Health Officer shall provide technical assistance, and develop, maintain, and deliver commodity-specific training related to the safe…
16. CHAPTER 11.6. Microenterprise Home Kitchen Operation §§ 114367–114367.6 · 7 sections

    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
17. CHAPTER 11.7. Compact Mobile Food Operation §§ 114368–114368.8 · 9 sections

    • § 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…
    • § 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…
    • § 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,…
    • § 114368.3 (a) (1) A permitted cottage food operation or microenterprise home kitchen operation may serve as a commissary or mobile support unit for up to two compact…
    • § 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,…
    • § 114368.5 (a) Upon receipt of complete, easily readable plans drawn to scale, and specifications satisfactory to the enforcement agency, an enforcement agency may…
    • § 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…
    • § 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…
    • § 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…
18. CHAPTER 12. Certified Farmers’ Markets §§ 114370–114373 · 3 sections

    • § 114370 Certified farmers’ markets shall meet the applicable general sanitation requirements in Section 113980 and as provided in this chapter.
    • § 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…
    • § 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…
19. CHAPTER 12.5. Farm Stands and Community Food Production §§ 114375–114376.5 · 3 sections

    • § 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…
    • § 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…
    • § 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…
20. CHAPTER 12.7. Fishermen’s Markets §§ 114378–114378.3 · 4 sections

    • § 114378 A fishermen’s market shall meet the applicable requirements of Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with Section 113728), Chapter…
    • § 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…
    • § 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,…
    • § 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…
21. CHAPTER 12.8. Children’s Meals §§ 114379–114379.60 · 7 sections

    • § 114379 The purpose of this chapter is to support children’s health by setting nutritional standards for a restaurant’s children’s meals.
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
22. CHAPTER 13. Compliance and Enforcement §§ 114380–114437 · 40 sections

    1. ARTICLE 1. Plan Review and Permits §§ 114380–114387 · 6 sections

       • § 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…
       • § 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…
       • § 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…
       • § 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…
       • § 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…
       • § 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…
    2. ARTICLE 2. Enforcement §§ 114390–114399 · 5 sections

       • § 114390 (a) Enforcement officers shall enforce this part and all regulations adopted pursuant to this part. (b) (1) For purposes of enforcement, any authorized…
       • § 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…
       • § 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…
       • § 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…
       • § 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…
    3. ARTICLE 3. Permit Suspension or Revocation §§ 114405–114413 · 5 sections

       • § 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…
       • § 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…
       • § 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…
       • § 114411 The enforcement agency may, after providing opportunity for a hearing, modify, suspend, or revoke a permit for serious or repeated violations of any…
       • § 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…
    4. ARTICLE 4. Variance §§ 114417–114417.7 · 8 sections

       • § 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…
       • § 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.…
       • § 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…
       • § 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…
       • § 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…
       • § 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…
       • § 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…
       • § 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…
    5. ARTICLE 5. HACCP Exemptions §§ 114419–114423 · 6 sections

       • § 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…
       • § 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…
       • § 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…
       • § 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)…
       • § 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.…
       • § 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…
    6. ARTICLE 6. Exemptions §§ 114425–114429.5 · 5 sections

       • § 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…
       • § 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…
       • § 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…
       • § 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…
       • § 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…
    7. ARTICLE 7. Food Facility Food Donations §§ 114432–114435 · 4 sections

       • § 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…
       • § 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…
       • § 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…
       • § 114435 In implementing this article, enforcement officers shall promote the recovery of food fit for human consumption during their normal, routine inspections.…
    8. ARTICLE 8. Child Day Care Facilities, Community Care Facilities, and Residential Care Facilities for the Elderly § 114437 · 1 section

       • § 114437 If and when a specific appropriation is made available, the State Department of Social Services shall develop new regulations regarding food preparation…