BILL NUMBER: AB 708 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2001
AMENDED IN ASSEMBLY APRIL 3, 2001
INTRODUCED BY Assembly Member Bill Campbell
FEBRUARY 22, 2001
An act to amend Section 113996 Sections
113716, 113830, 113925, 113996, 114090, 114190, 114260, 114265,
114275, 114332.3, and 114332.5 of, and to add Section 113998
to, the Health and Safety Code, relating to retail food facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 708, as amended, Bill Campbell. Retail food facilities:
internal food temperatures.
Existing law, the California Uniform Retail Food Facilities Law,
provides for the regulation of health and sanitation standards for
retail food facilities by the State Department of Health Services.
Violation of any of these provisions is a crime. Under existing law,
pork shall be heated to an internal temperature of 68 degrees C (155
degrees F), and foods containing certain raw or incompletely cooked
animal tissues that are heated in a microwave, shall be heated at a
minimum internal temperature of at least 14 degrees C (25 degrees F).
This bill would instead require pork to be heated to an internal
temperature of 63 degrees C (145 degrees F), and would require
microwaved foods containing raw or incompletely cooked animal tissues
to be heated to an internal temperature of 74 degrees C (165 degrees
F).
This bill would require that when any potentially hazardous food,
as defined, that has been prepared, cooked, cooled, and is reheated
by a food facility, for hot holding, it shall be reheated to a
minimum internal temperature of 74 degrees C (165 degrees F).
The bill would also require that when any potentially hazardous
food, as defined, is taken from a commercially processed,
hermetically sealed container or other intact package from a
regulated food processing plant and is thereafter heated by a food
facility for hot holding, the minimum internal temperature would be
at least 60 degrees C (140 degrees F).
By changing existing requirements and creating a new crime, this
bill would impose a state-mandated local program.
Existing law requires each food facility, as defined, to have an
owner or employee who has successfully passed an approved and
accredited food safety examination, on or before, January 1, 2000.
This bill would exclude from the definition of a food facility for
these purposes those food facilities that only handle unpackaged,
nonpotentially hazardous foods.
Existing law defines an "open-air barbecue facility" for purposes
of retail food sales, and exempts these facilities from existing
enclosure requirements, in accordance with specified criteria.
This bill would recast and revise the definition of an open-air
barbecue facility, and the related enclosure requirements.
Under existing law, enforcement officers are charged with the
enforcement of the California Uniform Retail Food Facilities Law.
This bill would revise the provisions relating to the duties of
enforcement officers, and would make it a violation of the retail
food facilities provisions for any person to refuse to permit
specified activities relating to the inspection of premises or
records, or the taking of evidence.
Existing law requires all utensils and equipment to be scraped,
cleaned, or sanitized as circumstances required.
This bill would revise the existing cleaning and sanitization
requirements for equipment food-contact surfaces and utensils.
Under existing law relating to mobile food facilities, a tamale is
considered prepackaged if it is distributed to customers in its
original, labeled, inedible wrapper.
This bill would delete the requirement that the tamale wrapper be
labeled, in order for it to be designated prepackaged.
This bill would also recast and revise the requirements relating
to the maintenance and storage of potable and wastewater tanks for
mobile food facilities.
This bill would exempt mobile food facilities approved prior to
January 1, 2002, that are limited to the portioning and dispensing of
nonprepackaged, nonpotentially hazardous food, from specified
handwashing and utensil washing sink requirements, under certain
circumstances.
By changing existing requirements and creating new crimes, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 113716 of the Health and Safety Code is
amended to read:
113716. (a) (1) On or before January 1, 2000, each food facility
shall have an owner or employee who has successfully passed an
approved and accredited food safety certification examination. For
purposes of this section, multiple contiguous food facilities
permitted within the same site and under the same management,
ownership, or control shall be deemed to be one food facility,
notwithstanding the fact that the food facilities may operate under
separate permits.
(2) The Legislature finds and declares that the certification
required by this section may impose hardship on the owners and
operators of smaller food facilities and, therefore, to the extent
that a person who is seeking certification pursuant to this section
requires training in order to successfully pass an approved and
accredited food safety certification examination, this training shall
be designed and provided in as flexible a manner as possible. To
that end, the Legislature further finds and declares that this
training may include, but need not be limited to, classroom training,
home study programs, and computer-assisted training.
(b) On and after January 1, 2000, a food facility that commences
operation, changes ownership, or no longer has a certified owner or
employee pursuant to this section shall have 60 days to comply with
subdivision (a).
(c) There shall be at least one certified owner or employee at
each food facility. No certified person at a food facility for
purposes of subdivision (a) may serve at any other food facility as
the person required to be certified pursuant to this section. The
certified owner or employee need not be present at the food facility
during all hours of operation.
(d) The responsibilities of a certified owner or employee at a
food facility shall include the safety of food preparation and
service, including ensuring that all employees who handle, or have
responsibility for handling, unpackaged foods of any kind, have
sufficient knowledge to ensure the safe preparation or service of the
food, or both. The nature and extent of the knowledge that each
employee is required to have may be tailored, as appropriate, to the
employee's duties related to food safety issues.
(e) The food safety certificate issued pursuant to this section
shall be retained on file at the food facility at all times, and
shall be made available for inspection by the health enforcement
officer.
(f) The issuance date for each original certificate issued
pursuant to this section shall be the date when the individual
successfully completes the examination. A certificate shall expire
three years from the date of original issuance. Any replacement or
duplicate certificate shall have as its expiration date the same
expiration date that was on the original certificate.
(g) Certified individuals shall be recertified every three years
by passing an approved and accredited food safety certification
examination.
(h) On or before March 1, 1999, enforcement agencies shall notify
all permitted food facilities subject to this section of the new
legal obligation imposed by this section and provide to them the
names and contact addresses for all approved and accredited food
safety certification examinations.
(i) The food safety certification examination shall include, but
need not be limited to, the following elements of knowledge:
(1) Foodborne illness, including terms associated with foodborne
illness, microorganisms, hepatitis A, and toxins that can contaminate
food and the illness that can be associated with contamination,
definition and recognition of potentially hazardous foods, chemical,
biological, and physical contamination of food, and the illnesses
that can be associated with food contamination, and major
contributing factors for foodborne illness.
(2) The relationship between time and temperature with respect to
foodborne illness, including the relationship between time and
temperature and microorganisms during the various food handling,
preparation, and serving states, and the type, calibration, and use
of thermometers in monitoring food temperatures.
(3) The relationship between personal hygiene and food safety,
including the association of hand contact, personal habits and
behaviors, and food worker health to foodborne illness, and the
recognition of how policies, procedures, and management contribute to
improved food safety practices.
(4) Methods of preventing food contamination in all stages of food
handling, including terms associated with contamination and
potential hazards prior to, during, and after delivery.
(5) Procedures for cleaning and sanitizing equipment and utensils.
(6) Problems and potential solutions associated with facility and
equipment design, layout, and construction.
(7) Problems and potential solutions associated with temperature
control, preventing cross-contamination, housekeeping, and
maintenance.
(j) (1) Except as otherwise provided in paragraph (2), the
following food safety certification examinations shall be deemed to
be approved and accredited for purposes of this section:
(A) The ServSafe Serving Safe Food Certification Examination.
(B) The Chauncey Group International Food Protection Certification
Examination.
(C) The National Assessment Institute's Certified Professional
Food Manager Examination.
(D) Professional Testing, Inc.
(E) Dietary Managers' Association.
(2) (A) On or before January 1, 2000, the department, in
consultation with the California Conference of Directors of
Environmental Health (CCDEH), the Conference for Food Protection,
representatives of the retail food industry, and other interested
parties, shall develop regulations to approve and accredit additional
equivalent food safety certification examinations and to disapprove
and eliminate accreditation of food safety certification
examinations.
(B) Commencing January 1, 1999, at least one of the accredited
statewide food safety certification examinations shall cost no more
than sixty dollars ($60), including the certificate. However,
commencing January 1, 2000, the department may adjust the cost of
food safety certification examinations to reflect actual expenses
incurred in producing and administering the food safety certification
examinations required under this section. If a food safety
certification examination is not available at the price established
by the department, the certification and recertification requirements
relative to food safety certification examinations imposed by this
section shall not apply.
(k) (1) For purposes of this section, a food facility includes
only the following:
(A) A food establishment, as defined in Section 113780, at which
unpackaged foods are prepared, handled, or served.
(B) A mobile food preparation unit, as defined in Section 113815.
(C) A stationary mobile food preparation unit, as defined in
Section 113890.
(D) A commissary, as defined in Section 113750.
(2) (A) Notwithstanding paragraph (1), this section
shall not apply to the premises of a licensed winegrower or brandy
manufacturer utilized for winetastings conducted pursuant to Section
23356.1 of the Business and Professions Code of wine or brandy
produced or bottled by, or produced and packaged for, that licensee.
(B) Notwithstanding paragraph (1), this section shall not apply to
those food facilities that only handle unpackaged, nonpotentially
hazardous foods. Those facilities may choose to meet the
requirements through full certification, or may adequately
demonstrate to the enforcement officer the knowledge of the employees
of the food facility of food safety principles as they relate to the
specific food operation.
(3) Notwithstanding paragraph (1), this section shall not apply to
a food facility operated by a school district, county office of
education, or community college district if the district or office
elects to be regulated by the food safety program of the city,
county, or city and county in which the school district, county
office of education, or community college district is located.
(l) For purposes of this section, the following definitions apply:
(1) "Food safety program" means any city, county, or city and
county program that requires, at a minimum, either of the following:
(A) The training of one or more individuals, whether denominated
as "owners," "managers," "handlers," or otherwise, relating in any
manner to food safety issues.
(B) Individuals to pass a food safety certification examination.
(2) "Food handler program" means any city, county, or city and
county program that requires that all or a substantial portion of the
employees of a food facility who are involved in the preparation,
storage, service, or handling of food products, engage in food safety
training or pass a food safety certification examination, or both.
(m) (1) Any provisions of a food safety program in effect prior to
January 1, 1999, that require training or a certification
examination, or both, shall be deemed to satisfy the requirements of
this chapter until January 1, 2001, at which time these provisions
shall fully conform with the requirements of this chapter. However,
all provisions of a food safety program in effect prior to January 1,
1999, that do not pertain to training or a certification program
shall conform with the requirements of this chapter by January 1,
2000.
(2) On and after January 1, 1999, a food safety program that was
not in effect prior to that date may not be enacted, adopted,
implemented, or enforced, unless the program fully conforms with the
requirements of this chapter.
(n) No city, county, or city and county may enact, adopt,
implement, or enforce any requirement that any food facility or any
person certified pursuant to this section do any of the following:
(1) Obtain any food safety certificate or other document in
addition to the certificate required by this section.
(2) Post, place, maintain, or keep the certificate required by
this section other than as specified in subdivision (e).
(3) Pay any fee or other sum as a condition for having a
certificate verified, validated, or otherwise processed by the city,
county, or city and county.
(o) Certification conferred pursuant to this chapter shall be
recognized throughout the state. Nothing in this chapter shall be
construed to prohibit any local enforcement agency from implementing
or enforcing a food handler program, as defined in paragraph (2) of
subdivision (l) that took effect prior to January 1, 1998, but only
in the form in which the program existed prior to January 1, 1998.
(p) Notwithstanding Section 113935, a violation of this section
shall not constitute a misdemeanor, but shall constitute grounds for
permit suspension or revocation, in accordance with Article 5
(commencing with Section 113950).
SEC. 2. Section 113830 of the Health and Safety Code is amended to
read:
113830. "Open-air barbecue facility" means an unenclosed facility
for barbecuing food, where the food is prepared out of doors by
cooking directly over hot coals, heated lava, hot stones, gas flame,
or other method approved by the state department, on equipment
suitably designed and maintained for use out of doors, that is
operated by a food establishment, temporary food facility, or
stationary mobile food preparation unit, or temporary
food facility that is operated in full compliance with
Article 9 (commencing with Section 114185) .
SEC. 3. Section 113925 of the Health and Safety Code is amended to
read:
113925. (a) Enforcement officers are charged with the
enforcement of this chapter and all regulations adopted pursuant to
it.
An
(b) (1) For purposes of enforcement of this chapter, any
authorized enforcement officer may enter, inspect, issue
citations, and secure any sample, photographs, or other evidence from
any food facility, or any facility suspected of being a food
facility, for the purpose of enforcing this chapter.
If
(2) If a food facility is operating under a HACCP plan, as
defined in Section 113797 and adopted pursuant to Section 114055 or
114056, then the enforcement officer may inspect and secure as
evidence any documents, or copies thereof, bearing upon the facility'
s adherence to the HACCP plan for the purpose of determining
compliance with the plan. A
(c) It is a violation of this chapter for any person to refuse to
permit entry or inspection, the taking of samples or other evidence,
or access to copy any record as authorized by this chapter, or to
conceal any samples or evidence, or withhold evidence concerning
them.
(d) Any written report of the inspection shall be made and a
copy shall be supplied or mailed to the owner, manager, or operator
of the food facility.
SEC. 4. Section 113996 of the Health and Safety Code is amended to
read:
113996. (a) All ready-to-eat foods prepared at the food facility
from raw or incompletely cooked animal tissues shall be thoroughly
cooked prior to serving. For purposes of this subdivision, food
shall be deemed to be thoroughly cooked if it conforms to the
following requirements, except as specified in subdivision (b):
(1) Comminuted meat or any food containing comminuted meat shall
be heated to a minimum internal temperature of 69 degrees Celsius
(157 degrees Fahrenheit), or an optional internal temperature of 68
degrees Celsius (155 degrees Fahrenheit) for 15 seconds.
(2) Eggs and foods containing raw eggs shall be heated to a
minimum internal temperature of 63 degrees Celsius (145 degrees
Fahrenheit).
(3) Pork shall be heated to a minimum internal temperature of 63
degrees Celsius (145 degrees Fahrenheit).
(4) Poultry, comminuted poultry, stuffed fish, stuffed meat,
stuffed poultry, and any food stuffed with fish, meat, or poultry
shall be heated to a minimum internal temperature of 74 degrees
Celsius (165 degrees Fahrenheit).
(b) When foods containing raw or incompletely cooked animal
tissues specified in this section are prepared in a microwave oven,
they shall be heated at a minimum internal temperature of at least 74
degrees Celius (165 degrees Fahrenheit) . During microwaving, the
food shall be completely enclosed in a container and periodically
stirred or rotated to assure even heat distribution. Upon the
completion of microwaving, the enclosed food shall be left standing
for a minimum of two minutes to assure temperature equilibrium. This
subdivision does not apply to the heating of ready-to-eat cooked
foods or the defrosting of food items.
(c) A ready-to-eat salad dressing or sauce containing a raw or
less-than-thoroughly cooked egg as an ingredient, and other
ready-to-eat foods made from or containing eggs, comminuted meat, or
single pieces of meat (including beef, veal, lamb, pork, poultry,
fish, and seafood) that are raw or have not been thoroughly cooked as
provided in subdivision (a) may be served if either of the following
requirements are met:
(1) The consumer specifically orders that the food be individually
prepared less than thoroughly cooked.
(2) The food facility notifies the consumer, orally or in writing,
at the time of ordering, that the food is raw or less than
thoroughly cooked.
(d) The department shall authorize alternative time and
temperature minimum heating requirements to thoroughly cook the foods
identified in this section when the food facility or person
demonstrates to the department that the alternative heating
requirements provide an equivalent level of food safety.
(e) For purposes of this section, "meat" means the tissue of
animals used as food, including beef, veal, lamb, pork, and other
edible animals, except eggs, fish, and poultry, that is offered for
human consumption.
(f) It is the intent of the Legislature that the requirements of
this section be uniformly enforced. The department shall train and
provide guidance to local health departments to promote uniform
enforcement of the requirements specified in this section.
SEC. 2.
SEC. 5. Section 113998 is added to the Health and Safety
Code, to read:
113998. (a) Whenever any potentially hazardous food, as defined
in Section 113845, that has been prepared, cooked, and cooled by a
food facility is thereafter reheated by that food facility, for hot
holding, it shall be reheated to a minimum internal temperature of 74
degrees Celsius (165 degrees Fahrenheit).
(b) Whenever any potentially hazardous ready-to-eat food is taken
from a commercially processed, hermetically sealed container, or from
an intact package from a food processing plant that is inspected by
the food regulatory authority in the jurisdiction in which the plant
is located, is thereafter heated by a food facility, that food shall
be heated to a temperature of at least 60 degrees Celsius (140
degrees Fahrenheit) for hot holding.
SEC. 3.
SEC. 6. Section 114090 of the Health and Safety Code is amended to
read:
114090. (a) All utensils and equipment shall be scraped, cleaned,
or sanitized as circumstances require.
(b) All food establishments in which food is prepared or in which
multiservice kitchen utensils are used shall have a sink with at
least three compartments with two integral metal drainboards.
Additional drainage space may be provided that is not necessarily
attached to the sink. The sink compartments and drainage facilities
shall be large enough to accommodate the largest utensil or piece of
equipment to be cleaned therein. A one-compartment or
two-compartment sink that is in use on January 1, 1996, may be
continued in use until replaced. The enforcement officer may approve
the continued use of a one-compartment or two-compartment sink even
upon replacement if the installation of a three-compartment sink
would not be readily achievable and where other approved sanitation
methods are used.
(c) All food establishments in which multiservice consumer
utensils are used shall clean the utensils in one of the following
ways:
(1) Handwashing of utensils using a three-compartment metal sink
with dual integral metal drainboards where the utensils are first
washed by hot water and a cleanser until they are clean, then rinsed
in clear, hot water before being immersed in a final warm solution
meeting the requirements of Section 114060.
(2) Machine washing of utensils in machines using a hot water or
chemical sanitizing rinse shall meet or be equivalent to sanitation
standards approved pursuant to Section 114065 and shall be installed
and operated in accordance with those standards. The machines shall
be of a type, and shall be installed and operated as approved by the
department. The velocity, quantity, and distribution of the
washwater, type and concentration of detergent used therein, and the
time the utensils are exposed to the water, shall be sufficient to
clean the utensils.
(3) A two-compartment metal sink, having metal drainboards,
equipped for hot water sanitization, that is in use on January 1,
1985, may be continued in use until replaced.
(4) Other methods may be used after approval by the department.
(d) Hot and cold water under pressure shall be provided through a
mixing valve to each sink compartment in all food establishments
constructed on or after January 1, 1985.
(e) All utensil washing equipment, except undercounter dish
machines, shall be provided with two integral metal drainboards of
adequate size and construction. One drainboard shall be attached at
the point of entry for soiled items and one shall be attached at the
point of exit for cleaned and sanitized items. Where an undercounter
dish machine is used, there shall be two metal drainboards, one for
soiled utensils and one for clean utensils, located adjacent to the
machine. The drainboards shall be sloped and drained to an approved
waste receptor. This requirement may be satisfied by using the
drainboards appurtenant to sinks as required in subdivision (b) and
paragraph (1) of subdivision (c), if the facilities are located
adjacent to the machine.
(f) The handling of cleaned and soiled utensils, equipment, and
kitchenware shall be undertaken in a manner that will preclude
possible contamination of cleaned items with soiled items.
(g) All utensils, display cases, windows, counters, shelves,
tables, refrigeration units, sinks, dishwashing machines, and other
equipment or utensils used in the preparation, sale, service, and
display of food shall be made of nontoxic, noncorrosive materials,
shall be constructed, installed, and maintained to be easily cleaned,
and shall be kept clean and in good repair.
(h) Utensils and equipment shall be handled and stored so as to be
protected from contamination. Single-service utensils shall be
obtained only in sanitary containers or approved sanitary dispensers,
stored in a clean, dry place until used, handled in a sanitary
manner, and used once only.
(i) Equipment food-contact surfaces and utensils shall be cleaned
and sanitized as follows:
(1) Each time there is a change in processing between types of
animal products except when products are handled in the following
order: any cooked ready-to-eat products first; raw beef and lamb
products second; raw fish products third; and raw pork or poultry
products last.
(2) Each time there is a change from working with raw foods of
animal origin to working with ready-to-eat foods.
(3) Between uses with raw fruits or vegetables and with
potentially hazardous food.
(4) Before each use of a food temperature measuring device.
(5) At any time during the food handling operation when
contamination may have occurred.
(j) (1) Except as provided in paragraphs (2) and (3) of this
subdivision, if used with potentially hazardous food, equipment
food-contact surfaces and utensils shall be cleaned and
sanitized throughout the day at least every four hours.
(2) Equipment food-contact surfaces and utensils may be cleaned
and sanitized less frequently than every four hours if the
utensils and equipment are used to prepare food in a refrigerated
room, at or below 13 degrees Celsius (55 degrees Fahrenheit), and the
utensils and equipment are cleaned and sanitized at least
every 24 hours.
(3) Equipment food-contact surfaces and utensils may be cleaned
and sanitized less frequently than every four hours if the
enforcement agency approves the cleaning schedule utilized based on a
consideration of the following factors:
(A) Characteristics of the equipment and its use.
(B) The type of food involved.
(C) The amount of food residue accumulation.
(D) The temperature at which the food is maintained during the
operation and the potential for the rapid and progressive growth of
infectious or toxigenic microorganisms that may cause food infections
or food intoxications.
(k) Nonfood contact surfaces of equipment shall be cleaned at a
frequency necessary to prevent accumulation of residue.
SEC. 7. Section 114190 of the Health and Safety Code is amended to
read:
114190. Notwithstanding the provisions of this chapter, neither
the state department nor any city, county, or city and county shall
require the enclosure of an open-air barbecue facility if the
appropriate enforcement officer determines that the barbecue facility
meets all of the following requirements:
(a) (1) The barbecue facility is operated on
the same premises as, in reasonable proximity to, and in conjunction
with, a food establishment, temporary food facility, or stationary
mobile food preparation unit.
(2) For purposes of this chapter, the permitted food
establishment, temporary food facility, or stationary mobile food
preparation unit shall be deemed to be the operator of the barbecue
facility, and shall be responsible for ensuring that it is operated
in full compliance with this chapter.
(b) All food waste and rubbish containing food waste is handled in
accordance with the requirements of Section 114035.
(c) The facility is operated in compliance with Articles 6
(commencing with Section 113975) and 7 (commencing with Section
113990), except for Sections 114030, 114045, and 114060.
(d) The multiservice utensils and equipment used in conjunction
with the open-air barbecue facility are made of nontoxic materials,
are constructed and maintained in a manner so they can be easily
cleaned, and are kept clean and in good repair.
(e) Food and beverages served out of doors are dispensed from
units approved by the enforcement officer. No other food may be
prepared or stored in the out of doors, except for food cooked on the
open-air barbecue unit.
(f) (1) Except as otherwise provided in paragraph (2), no live
animals, birds, or fowl shall be kept or allowed in an area within 20
feet of any area where food or beverage is prepared, stored, kept,
or served.
(2) Paragraph (1) does not prohibit the presence, in any area
where food is served to the public, guests, or patrons, of a guide
dog, signal dog, or service dog, as defined by Section 54.1 of the
Civil Code, accompanied by a totally or partially blind person, deaf
person, person whose hearing is impaired, or handicapped person, or
dogs accompanied by persons licensed to train guide dogs for the
blind pursuant to Chapter 9.5 (commencing with Section 7200) of
Division 3 of the Business and Professions Code.
(3) Paragraph (1) does not apply to dogs under the control of
uniformed law enforcement officers or of uniformed employees of
private patrol operators and operators of a private patrol service
who are licensed pursuant to Chapter 11.5 (commencing with Section
7580) of Division 3 of the Business and Professions Code, while those
employees are acting within the course and scope of their employment
as private patrol persons.
(4) Those persons and operators described in paragraphs (2) and
(3) are liable for any damage done to the premises or facilities by
the dog.
(g) If the barbecue facility is a permanent structure, it is
equipped with an impervious and easily cleaned floor surface that
extends a minimum of five feet from the open-air barbecue facility on
all open sides.
(h) The barbecue facility is located in an area reasonably
protected from dust, as determined by the enforcement officer.
(i) The barbecue facility is not operated in, or out of,
any motor vehicle or in any area or location that may constitute a
fire hazard, as determined by the enforcement officer. For the
purposes of this section, a motor vehicle does not include a
stationary mobile food preparation unit, as defined in Section
113890.
(j) Sanitary facilities, including, but not limited to, toilet
facilities and handwashing facilities shall be available for use
within 200 feet of the barbecue facility and shall comply with all
provisions of this chapter. Sanitary facilities that do not meet the
requirements of this chapter shall not be located closer to the
barbecue facility than the sanitary facilities required to be
provided by this section.
SEC. 8. Section 114260 of the Health and Safety Code is amended to
read:
114260. (a) Mobile food facilities that are limited to the
handling of prepackaged nonpotentially hazardous food and produce
shall comply with subdivisions (a) to (i), inclusive, of Section
114265.
(b) Mobile food facilities that handle prepackaged potentially
hazardous food, whole fish and whole aquatic invertebrates, or the
bulk dispensing of nonpotentially hazardous beverages shall comply
with subdivisions (a) to (m), inclusive, of Section 114265. For
purposes of this section, tamales shall be considered prepackaged if
dispensed to the customer in its original, labeled,
inedible wrapper.
(c) Mobile food facilities that handle any of the following foods
shall comply with subdivisions (a) to (s) (t)
, inclusive, of Section 114265:
(1) Nonprepackaged nonpotentially hazardous food requiring no
preparation other than heating, baking, popping, blending, assembly,
portioning, or dispensing.
(2) Preparation of nonpotentially hazardous ingredients into a
nonpotentially hazardous food.
(3) Hot dogs, cappuccino and other coffee-based or cocoa-based
beverages that may contain cream, milk, or similar dairy products,
and frozen ice cream bars that meet the requirements of subdivision
(b) of Section 114270.
(d) Only those foods described in this section may be prepared or
dispensed on a mobile food facility.
(e) Cooking processes, including, but not limited to, barbecuing,
broiling, frying, and grilling are not permitted on a mobile food
facility.
SEC. 9. Section 114265 of the Health and Safety Code is amended to
read:
114265. (a) The name, address, and telephone number of the owner,
operator, permittee, business name, or commissary shall be legible,
clearly visible, and permanently indicated on at least two sides of
the exterior of the mobile food facility. The name shall be in
letters at least 8 centimeters (3 inches) high and shall have strokes
at least 1 centimeter (3/8 inch) wide, and shall be of a color
contrasting with the mobile food facility exterior. Letters and
numbers for address and telephone numbers shall not be less than 2.5
centimeters (one inch) high.
(b) Mobile food facility equipment, including, but not limited to,
the interior of cabinet units and compartments, shall be designed so
as to, and made of materials that, result in smooth, readily
accessible, and easily cleanable surfaces. Unfinished wooden
surfaces are prohibited. Construction joints shall be tightly fitted
and sealed so as to be easily cleanable. Equipment and utensils
shall be constructed of durable, nontoxic materials and shall be
easily cleanable.
(c) During operation, no food intended for retail shall be
conveyed, held, stored, displayed, or served from any place other
than a mobile food facility except for the restocking of product in a
manner approved by the enforcement agency.
(d) Notwithstanding subdivision (k), food products remaining after
each day's operation shall be stored only in an approved commissary
or other approved facility.
(e) During transportation, storage, and operation of a mobile food
facility, food, food contact surfaces, and utensils shall be
protected from contamination. Single-service utensils shall be
individually wrapped or in sanitary containers or approved sanitary
dispensers, stored in a clean, dry place until used, handled in a
sanitary manner, and used only once. Food contact surfaces and
utensils shall be cleaned and sanitized in accordance with
subdivisions (i), (j), and (k) of Section 114090.
(f) All food displayed, sold, or offered for sale from a mobile
food facility shall be obtained from an approved source.
(g) Food condiments shall be protected from contamination and,
where available for customer self-service, be prepackaged or
available only from approved dispensing devices.
(h) Mobile food facilities shall be operated within 60 meters (200
feet) of approved and readily available toilet and hand washing
facilities or as otherwise approved by the enforcement agency to
ensure restroom facilities are available to facility employees.
(i) All mobile food facilities shall operate out of a commissary
or other approved facility in accordance with Article 12.5
(commencing with Section 114300). Mobile food facilities shall
report to the commissary or other approved facility at least once
each operating day for cleaning and servicing operations. Mobile
food facilities shall be properly stored, cleaned, and serviced at,
or within, a commissary or other facility as approved by the
enforcement agency so as to provide protection from unsanitary
conditions.
(j) Potentially hazardous food shall be maintained at or below 5
degrees Celsius (41 degrees Fahrenheit) or at or above 60 degrees
Celsius (140 degrees Fahrenheit) at all times in accordance with
Section 113995.
(k) Potentially hazardous food held at or above 60 degrees Celsius
(140 degrees Fahrenheit) on a mobile food facility shall be
destroyed at the end of the operating day.
(l) (1) Potable and wastewater tanks may be constructed so as
to be removed from within the approved mobile food facility
compartments for refilling and dispensing purposes only. Refilling
and dispensing of tanks shall be conducted simultaneously. All
retail food operations shall cease during removal and replacement of
tanks.
(2) All wastewater from a mobile food facility shall be
drained to an approved wastewater receptor at the commissary or other
approved facility.
(3) Refilling of a potable water tank shall be conducted through
an approved and sanitary method.
(4) Storage of any prefilled potable water tank, or empty and
clean water tanks, or both, shall be maintained within the cart, or
in an approved manner that will protect against contamination.
(m) All new and replacement gas-fired appliances shall meet
applicable American Gas Association ANSI
standards. All new and replacement electrical appliances shall
meet applicable Underwriters Laboratory standards. However, for
units subject to Part 2 (commencing with Section 18000) of Division
13, these appliances shall comply with standards prescribed by
Sections 18028, 18029.3, and 18029.5.
(n) Bulk beverage dispensers shall only be filled at the
commissary or other facility approved by the enforcement agency
unless a hand washing sink as described in paragraph (1) of
subdivision (p) is provided.
(o) Where nonprepackaged food is handled for display or sale, the
mobile food facility shall be equipped with a food compartment that
completely encloses all food, food contact surfaces, and the handling
of ready-to-eat food. The opening to the food compartment shall be
sized as appropriate to the food handling activity without
compromising the intended protection from contamination, and shall be
provided with tight-fitting doors that, when closed, protect
interior surfaces from dust, debris, insects, and other vermin.
(p) Mobile food facilities, not under a valid public health permit
as of January 1, 1997, on which nonprepackaged ready-to-eat food is
sold or offered for sale shall be constructed and equipped in
compliance with all of the following:
(1) A minimum of a one-compartment metal sink, hand washing
cleanser and single-service towels in approved dispensers shall be
provided. The sink shall be furnished with hot running water that is
at least 49 degrees Celsius (120 degrees Fahrenheit) and cold
running water that is less than 38 degrees Celsius (101 degrees
Fahrenheit) through a mixing-type faucet that permits both hands to
be free for washing. The sink shall be large enough to accommodate
the cleaning of the largest utensils washed. The sink,
hand washing cleanser, and single-service towels shall be located as
to be easily accessible and unobstructed for use by the operator in
the working area. The minimum water heater capacity shall be
one-half gallon.
(2) The potable water tank and delivery system shall be
constructed of approved materials, provide protection from
contamination, and shall be of a capacity commensurate with the level
of food handling activity on the mobile food facility. The capacity
of the system shall be sufficient to furnish enough hot and cold
water for the following: steamtable, utensil washing and sanitizing,
hand washing, and equipment cleaning. At least 18 liters (5
gallons) of water shall be provided exclusively for hand washing.
Any water needed for other purposes shall be in addition to the 18
liters (5 gallons) for hand washing.
(3) (i) The wastewater tank or tanks shall have a minimum capacity
that is 50 percent greater than the potable water tank or tanks
supplying the hand and utensil washing sink. In no case shall this
wastewater capacity be less than 28 liters (7.5 gallons).
(ii) Mobile food facilities utilizing ice in the storage, display,
or service of food or beverages shall provide an additional minimum
wastewater holding tank capacity equal to one-third of the volume of
the ice cabinet to accommodate the drainage of ice melt.
(iii) Mobile food facilities equipped with a tank supplying
product water for the preparation of a food or beverage shall provide
an additional wastewater tank capacity equal to at least 15 percent
of this water supply.
(iv) Additional wastewater tank capacity may be required where
wastewater production or spillage is likely to occur.
(v) Any connection to a wastewater tank shall preclude the
possibility of contaminating any food, food contact surface, or
utensil.
(4) A mobile food facility's potable water tank inlet shall be
provided with a connection of a size and type that will prevent its
use for any other service and shall be constructed so that backflow
and other contamination of the water supply is prevented. Hoses used
to fill potable water tanks shall be made of food grade materials
and handled in a sanitary manner.
(5) Mobile food facilities limited to the portioning and
dispensing of nonprepackaged, nonpotentially hazardous food are
exempt from the hand washing and utensil washing sink requirements of
this subdivision if there is an approved supply of gloves or
utensils, or both, on the facility that preclude any hand contact
with the food products being dispensed. This exemption does not
extend to the scooping of ice.
(q) Mobile food facilities selling unpackaged frozen ice cream
bars or holding cream, milk, or similar dairy products pursuant to
Section 114270 shall be equipped with refrigeration units as
described in Section 113860.
(r) Operators of mobile food facilities handling nonprepackaged
food shall develop and follow written operational procedures for food
handling and the cleaning and sanitizing of food contact surfaces
and utensils. The enforcement agency shall review and approve the
procedures prior to implementation and an approved copy shall be kept
on the mobile food facility during periods of operation.
(s) All potentially hazardous food shall be prepackaged in an
approved food facility except as provided in Sections 114260 and
114270.
(t) Except to the extent that an alternative construction standard
is explicitly prescribed by this section, construction standards for
mobile food preparation units and stationary mobile food preparation
units which are subject to Part 2 (commencing with Section 18000) of
Division 13 shall be governed by the provisions of that part.
SEC. 10. Section 114275 of the Health and Safety Code is amended
to read:
114275. (a) Mobile food facilities formerly approved as vehicles
immediately preceding January 1, 1997, on which
nonprepackaged hot dogs, popcorn, or snowcones are
January 1, 2002, on which approved unpackaged food is sold or
offered for sale that operate exclusively on premises wherein
approved toilet, hand washing, and utensil washing facilities are
readily available and within 60 meters (200 feet) shall be exempt
from the requirements of subdivision (p) of Section 114265.
(b) Mobile food facilities as set forth in subdivision (a) that
were in operation as of July 1, 1986, need not meet the requirements
of this article relating to utensil washing facilities, if an
approved supply of gloves or utensils, or both, is maintained on the
mobile food facility that would preclude any hand contact with the
food products being dispensed.
(c) Mobile food facilities approved prior to January 1, 2002, that
are limited to the portioning and dispensing of nonprepackaged,
nonpotentially hazardous food, are exempt from the handwashing and
utensil washing sink requirements of this article, if there is an
approved supply of gloves, utensils, or both, on the facility that
precludes any hand contact with the food products being dispensed.
This exemption shall not apply to the scooping of ice.
SEC. 11. Section 114332.3 of the Health and Safety Code is amended
to read:
114332.3. (a) No potentially hazardous food or beverage stored or
prepared in a private home may be offered for sale, sold, or given
away from a nonprofit charitable temporary food facility.
Potentially hazardous food shall be prepared in a food establishment
or on the premises of a nonprofit charitable temporary food facility.
(b) All food and beverage shall be protected at all times from
unnecessary handling and shall be stored, displayed, and served so as
to be protected from contamination.
(c) Potentially hazardous food and beverage shall be maintained at
or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above 60
degrees Celsius (140 degrees Fahrenheit) at all times.
(d) Ice used in beverages shall be protected from contamination
and shall be maintained separate from ice used for refrigeration
purposes.
(e) All food and food containers shall be stored off the floor on
shelving or pallets located within the facility.
(f) Smoking is prohibited in nonprofit charitable temporary food
facilities.
(g) (1) Except as provided in paragraph (2), live animals, birds,
or fowl shall not be kept or allowed in nonprofit charitable
temporary food facilities.
(2) Paragraph (1) does not prohibit the presence, in any room
where food is served to the public, guests, or patrons, of a guide
dog, signal dog, or service dog, as defined by Section 54.1 of the
Civil Code, accompanied by a totally or partially blind person, deaf
person, person whose hearing is impaired, or handicapped person, or
dogs accompanied by persons licensed to train guide dogs for the
blind pursuant to Chapter 9.5 (commencing with Section 7200) of
Division 3 of the Business and Professions Code.
(3) Paragraph (1) does not apply to dogs under the control of
uniformed law enforcement officers or of uniformed employees of
private patrol operators and operators of a private patrol service
who are licensed pursuant to Chapter 11.5 (commencing with Section
7580) of Division 3 of the Business and Professions Code, while these
employees are acting within the course and scope of their employment
as private patrol persons.
(4) The persons and operators described in paragraphs (2) and (3)
are liable for any damage done to the premises or facilities by the
dog.
(5) The dogs described in paragraphs (2) and (3) shall be excluded
from food preparation and utensil wash areas. Aquariums and
aviaries shall be allowed if enclosed so as not to create a public
health problem.
(h) All garbage shall be disposed of in a sanitary
manner approved by the enforcement officer .
(i) Employees preparing or handling food shall wear clean clothing
and shall keep their hands clean at all times.
SEC. 12. Section 114332.5 of the Health and Safety Code is amended
to read:
114332.5. Open-air barbecue facilities may be operated adjacent
to nonprofit charitable temporary food facilities with the
approval of the enforcement officer and , and shall be
subject to the requirements of Article 9 (commencing with
Section 114185).
SEC. 13. No reimbursement is required by this act pursuant
to Section 6 of Article XIIIB of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIIIB of the California Constitution.