BILL NUMBER: AB 1513	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 21, 2012
	PASSED THE ASSEMBLY  AUGUST 24, 2012
	AMENDED IN SENATE  AUGUST 15, 2012
	AMENDED IN SENATE  JUNE 26, 2012
	AMENDED IN ASSEMBLY  APRIL 17, 2012
	AMENDED IN ASSEMBLY  MARCH 26, 2012

INTRODUCED BY   Assembly Member Allen

                        JANUARY 13, 2012

   An act to amend Section 114257 of the Health and Safety Code,
relating to retail food facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1513, Allen. Retail food facilities: playgrounds.
   Existing law, the California Retail Food Code, regulates retail
food facilities to safeguard public health and requires local
enforcement to enforce its provisions. Existing law requires that all
premises of a food facility be kept clean, fully operative, and in
good repair. A violation of these provisions is punishable as a
misdemeanor.
   This bill would include food facility playgrounds, as defined,
within the requirement that the food facilities be kept clean, fully
operative, and in good repair, and would require a food facility with
an indoor playground to develop a plan to keep the playground area
clean and free of hazards to children. By requiring the local
enforcement agency to also inspect food facility playgrounds, and
therefore increasing the duties of local officials, this bill would
impose a state-mandated local program.
   This bill would also require a retail food facility with a
playground to display or provide on request a record of the
playground's maintenance policy and inspection record and to post a
sign prohibiting customers from taking food into the playground
structures.
   By creating a new crime, 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 specified reasons.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 114257 of the Health and Safety Code is amended
to read:
   114257.  (a) All premises of a food facility, including indoor and
outdoor playgrounds, shall be kept clean, fully operative, and in
good repair.
   (b) For purposes of subdivision (a), a playground on the premises
of a food facility shall meet the same standard of cleanliness that
exists for all other areas of the food facility, except food handling
and preparation areas.
   (c) A retail food facility with a playground shall do all of the
following:
   (1) Develop a plan for ensuring that indoor playground areas are
kept clean and free of conditions that may be hazardous to children,
including, but not limited to, cracked or broken playground
structures.
   (2) Display, or provide upon request, the retail food facility's
policy on playground maintenance and dates on which the playground
was last inspected and cleaned.
   (3) Post a sign prohibiting customers from taking food into or on,
or eating food on, playground structures, including, but not limited
to, climbing structures and slides, except that food may be taken to
and consumed within rest or observation areas within or adjoining a
playground area.
   (d) For purposes of this section, "playground" has the same
meaning as defined in Section 115725.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act or because 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 XIII B of the California Constitution.