BlackletterCalifornia law

CHAPTER 13. Compliance and Enforcement

Chapter 13 added by Stats. 2006, Ch. 23, Sec. 2.

§§ 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…