State Codes and Statutes

Statutes > California > Hsc > 113700-113725.3

HEALTH AND SAFETY CODE
SECTION 113700-113725.3



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 science-based standards.



113705.  The Legislature finds and declares that the public health
interest requires that there be uniform statewide health and
sanitation standards for retail food facilities to assure the people
of this state that the food will be pure, safe, and unadulterated.
Except as provided in Section 113709, it is the intent of the
Legislature to occupy the whole field of health and sanitation
standards for retail food facilities, and the standards set forth in
this part and regulations adopted pursuant to this part shall be
exclusive of all local health and sanitation standards relating to
retail food facilities.



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 facility, from adopting an employee
health certification program, from regulating the provision of
consumer toilet and handwashing facilities, or from adopting
requirements for the public safety regulating the type of vending and
the time, place, and manner of vending from vehicles upon a street
pursuant to its authority under subdivision (b) of Section 22455 of
the Vehicle Code.


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 part or the California Retail
Food Code.


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 taking any necessary program or
enforcement actions for the protection of the public health and
safety.
   (b) The department shall provide technical assistance, training,
standardization, program evaluation, and other services to local
health agencies as necessary to ensure the uniform interpretation and
application of this part, when an appropriation is made to the
department for this purpose.
   (c) Whenever the enforcement of the requirements of this part by
any local enforcement agency is satisfactory to the department, the
enforcement of this part shall not be duplicated by the department.
The department shall investigate to determine satisfactory
enforcement of this part by evaluating the program of each local
enforcement agency at least once every three years and shall prepare
a report of the evaluation and list any program improvements needed
only when an appropriation is made to the department for these
purposes.


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 applicable local, state, and federal
statutes, regulations, and ordinances, including but not limited to,
fire, building, and zoning codes.



113717.  (a) Any person requesting the department to undertake any
activity pursuant to Sections 114056, 114417, and 114419.3 shall pay
the department's costs incurred in undertaking the activity. The
department's services shall be assessed at the current hourly
cost-recovery rate, and it shall be entitled to recover any other
costs reasonably and actually incurred in performing those
activities, including, but not limited to, the costs of additional
inspection and laboratory testing. For purposes of this section, the
department's hourly rate shall be adjusted annually in accordance
with Section 100425.
   (b) The department shall provide to the person paying the required
fee a statement, invoice, or similar document that describes in
reasonable detail the costs paid.
   (c) For purposes of this section only, the term "person" does not
include any city, county, city and county, or other political
subdivision of the state or local government.



113718.  The Retail Food Safety and Defense Fund is hereby
established as a special fund in the State Treasury. All moneys
collected by the department under subdivision (a) of Section 113717
shall be deposited into the fund, for expenditure by the department,
upon appropriation by the Legislature, solely for the purpose of
implementing and carrying out this part.



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 extent of food preparation that is
to be conducted at the food facility.



113725.  (a) The enforcement agency shall utilize a standardized
food facility inspection format for food facility inspections that
includes all of the following:
   (1) The name and address of the food facility.
   (2) Identification of the following inspection criteria, which
shall be the basis of the inspection report:
   (A) Improper holding temperatures of potentially hazardous foods.
   (B) Improper cooling of potentially hazardous foods.
   (C) Inadequate cooking of potentially hazardous foods.
   (D) Poor personal hygiene of food employees.
   (E) Contaminated equipment.
   (F) Food from unapproved sources.
   (3) For each violation identified pursuant to paragraph (2),
classification of the violation as a minor violation or major
violation.
   (b) An enforcement agency may modify the format to add criteria to
those specified pursuant to paragraph (2) of subdivision (a), if
both of the following conditions are met:
   (1) The additional criteria are based on other provisions of this
part.
   (2) A violation is identified by reference to items and sections
of this part, or the regulations adopted pursuant to this part
relating to those items, if a food facility is cited for a violation
of the additional criteria.
   (c) This section shall not restrict the ability of the enforcement
agency to inspect and report on criteria other than those subject to
regulation under this part.



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 upon request. The food facility
shall post a notice advising consumers that a copy of the most recent
routine inspection report is available for review by any interested
party.



113725.2.  Local enforcement agencies, and the department when
adequate funding is made available to the department, shall conduct
routine training on food facility inspection standardization to
promote the uniform application of inspection procedures.




113725.3.  (a) The department shall publish standardized procedures
for enforcement agencies to report food facility inspection
information regarding each food facility. The report shall include
all of the following:
   (1) Name and address of the food facility.
   (2) Date of last inspection.
   (3) Identification of any major violation identified in a food
facility inspection.
   (4) Reinspection date, if applicable.
   (5) Period of closure, if applicable.
   (b) The department, in consultation with local environmental
health directors, representatives of the retail food industry, and
other interested parties, may periodically review and revise the
standardized procedures established pursuant to subdivision (a). In
making any revisions, the department shall strive to ensure that the
required information can be reported and made available in the most
efficient, timely, and cost-effective manner.
   (c) (1) The standardized procedures established pursuant to this
section shall include a standardized electronic format and protocol
for reporting the food facility inspection data in a timely manner,
and shall strive to ensure that the information is readily
accessible, can be rapidly reported, and, if necessary, corrected,
for each food facility that has been inspected or reinspected. If the
enforcement agency determines that reported information is
materially in error, that error shall be corrected within 48 hours
after that determination.
   (2) The department may establish standardized procedures for
reporting the information on electronic media, including, but not
limited to, floppy disks or compact disks.
   (d) Within 60 days after the department has established the
standardized procedures pursuant to this section, the department
shall publish these procedures.
   (e) (1) Each enforcement agency that reports food facility
inspection information on an Internet Web site shall report the
information in accordance with the standardized procedures
established pursuant to this section.
   (2) This section shall not restrict the ability of an enforcement
agency to report on matters other than matters subject to regulation
under this part.
   (f) The department may establish a link to each Internet Web site
utilized by any enforcement agency containing the food facility
inspection information pursuant to subdivision (e).


State Codes and Statutes

Statutes > California > Hsc > 113700-113725.3

HEALTH AND SAFETY CODE
SECTION 113700-113725.3



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 science-based standards.



113705.  The Legislature finds and declares that the public health
interest requires that there be uniform statewide health and
sanitation standards for retail food facilities to assure the people
of this state that the food will be pure, safe, and unadulterated.
Except as provided in Section 113709, it is the intent of the
Legislature to occupy the whole field of health and sanitation
standards for retail food facilities, and the standards set forth in
this part and regulations adopted pursuant to this part shall be
exclusive of all local health and sanitation standards relating to
retail food facilities.



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 facility, from adopting an employee
health certification program, from regulating the provision of
consumer toilet and handwashing facilities, or from adopting
requirements for the public safety regulating the type of vending and
the time, place, and manner of vending from vehicles upon a street
pursuant to its authority under subdivision (b) of Section 22455 of
the Vehicle Code.


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 part or the California Retail
Food Code.


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 taking any necessary program or
enforcement actions for the protection of the public health and
safety.
   (b) The department shall provide technical assistance, training,
standardization, program evaluation, and other services to local
health agencies as necessary to ensure the uniform interpretation and
application of this part, when an appropriation is made to the
department for this purpose.
   (c) Whenever the enforcement of the requirements of this part by
any local enforcement agency is satisfactory to the department, the
enforcement of this part shall not be duplicated by the department.
The department shall investigate to determine satisfactory
enforcement of this part by evaluating the program of each local
enforcement agency at least once every three years and shall prepare
a report of the evaluation and list any program improvements needed
only when an appropriation is made to the department for these
purposes.


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 applicable local, state, and federal
statutes, regulations, and ordinances, including but not limited to,
fire, building, and zoning codes.



113717.  (a) Any person requesting the department to undertake any
activity pursuant to Sections 114056, 114417, and 114419.3 shall pay
the department's costs incurred in undertaking the activity. The
department's services shall be assessed at the current hourly
cost-recovery rate, and it shall be entitled to recover any other
costs reasonably and actually incurred in performing those
activities, including, but not limited to, the costs of additional
inspection and laboratory testing. For purposes of this section, the
department's hourly rate shall be adjusted annually in accordance
with Section 100425.
   (b) The department shall provide to the person paying the required
fee a statement, invoice, or similar document that describes in
reasonable detail the costs paid.
   (c) For purposes of this section only, the term "person" does not
include any city, county, city and county, or other political
subdivision of the state or local government.



113718.  The Retail Food Safety and Defense Fund is hereby
established as a special fund in the State Treasury. All moneys
collected by the department under subdivision (a) of Section 113717
shall be deposited into the fund, for expenditure by the department,
upon appropriation by the Legislature, solely for the purpose of
implementing and carrying out this part.



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 extent of food preparation that is
to be conducted at the food facility.



113725.  (a) The enforcement agency shall utilize a standardized
food facility inspection format for food facility inspections that
includes all of the following:
   (1) The name and address of the food facility.
   (2) Identification of the following inspection criteria, which
shall be the basis of the inspection report:
   (A) Improper holding temperatures of potentially hazardous foods.
   (B) Improper cooling of potentially hazardous foods.
   (C) Inadequate cooking of potentially hazardous foods.
   (D) Poor personal hygiene of food employees.
   (E) Contaminated equipment.
   (F) Food from unapproved sources.
   (3) For each violation identified pursuant to paragraph (2),
classification of the violation as a minor violation or major
violation.
   (b) An enforcement agency may modify the format to add criteria to
those specified pursuant to paragraph (2) of subdivision (a), if
both of the following conditions are met:
   (1) The additional criteria are based on other provisions of this
part.
   (2) A violation is identified by reference to items and sections
of this part, or the regulations adopted pursuant to this part
relating to those items, if a food facility is cited for a violation
of the additional criteria.
   (c) This section shall not restrict the ability of the enforcement
agency to inspect and report on criteria other than those subject to
regulation under this part.



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 upon request. The food facility
shall post a notice advising consumers that a copy of the most recent
routine inspection report is available for review by any interested
party.



113725.2.  Local enforcement agencies, and the department when
adequate funding is made available to the department, shall conduct
routine training on food facility inspection standardization to
promote the uniform application of inspection procedures.




113725.3.  (a) The department shall publish standardized procedures
for enforcement agencies to report food facility inspection
information regarding each food facility. The report shall include
all of the following:
   (1) Name and address of the food facility.
   (2) Date of last inspection.
   (3) Identification of any major violation identified in a food
facility inspection.
   (4) Reinspection date, if applicable.
   (5) Period of closure, if applicable.
   (b) The department, in consultation with local environmental
health directors, representatives of the retail food industry, and
other interested parties, may periodically review and revise the
standardized procedures established pursuant to subdivision (a). In
making any revisions, the department shall strive to ensure that the
required information can be reported and made available in the most
efficient, timely, and cost-effective manner.
   (c) (1) The standardized procedures established pursuant to this
section shall include a standardized electronic format and protocol
for reporting the food facility inspection data in a timely manner,
and shall strive to ensure that the information is readily
accessible, can be rapidly reported, and, if necessary, corrected,
for each food facility that has been inspected or reinspected. If the
enforcement agency determines that reported information is
materially in error, that error shall be corrected within 48 hours
after that determination.
   (2) The department may establish standardized procedures for
reporting the information on electronic media, including, but not
limited to, floppy disks or compact disks.
   (d) Within 60 days after the department has established the
standardized procedures pursuant to this section, the department
shall publish these procedures.
   (e) (1) Each enforcement agency that reports food facility
inspection information on an Internet Web site shall report the
information in accordance with the standardized procedures
established pursuant to this section.
   (2) This section shall not restrict the ability of an enforcement
agency to report on matters other than matters subject to regulation
under this part.
   (f) The department may establish a link to each Internet Web site
utilized by any enforcement agency containing the food facility
inspection information pursuant to subdivision (e).



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 113700-113725.3

HEALTH AND SAFETY CODE
SECTION 113700-113725.3



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 science-based standards.



113705.  The Legislature finds and declares that the public health
interest requires that there be uniform statewide health and
sanitation standards for retail food facilities to assure the people
of this state that the food will be pure, safe, and unadulterated.
Except as provided in Section 113709, it is the intent of the
Legislature to occupy the whole field of health and sanitation
standards for retail food facilities, and the standards set forth in
this part and regulations adopted pursuant to this part shall be
exclusive of all local health and sanitation standards relating to
retail food facilities.



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 facility, from adopting an employee
health certification program, from regulating the provision of
consumer toilet and handwashing facilities, or from adopting
requirements for the public safety regulating the type of vending and
the time, place, and manner of vending from vehicles upon a street
pursuant to its authority under subdivision (b) of Section 22455 of
the Vehicle Code.


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 part or the California Retail
Food Code.


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 taking any necessary program or
enforcement actions for the protection of the public health and
safety.
   (b) The department shall provide technical assistance, training,
standardization, program evaluation, and other services to local
health agencies as necessary to ensure the uniform interpretation and
application of this part, when an appropriation is made to the
department for this purpose.
   (c) Whenever the enforcement of the requirements of this part by
any local enforcement agency is satisfactory to the department, the
enforcement of this part shall not be duplicated by the department.
The department shall investigate to determine satisfactory
enforcement of this part by evaluating the program of each local
enforcement agency at least once every three years and shall prepare
a report of the evaluation and list any program improvements needed
only when an appropriation is made to the department for these
purposes.


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 applicable local, state, and federal
statutes, regulations, and ordinances, including but not limited to,
fire, building, and zoning codes.



113717.  (a) Any person requesting the department to undertake any
activity pursuant to Sections 114056, 114417, and 114419.3 shall pay
the department's costs incurred in undertaking the activity. The
department's services shall be assessed at the current hourly
cost-recovery rate, and it shall be entitled to recover any other
costs reasonably and actually incurred in performing those
activities, including, but not limited to, the costs of additional
inspection and laboratory testing. For purposes of this section, the
department's hourly rate shall be adjusted annually in accordance
with Section 100425.
   (b) The department shall provide to the person paying the required
fee a statement, invoice, or similar document that describes in
reasonable detail the costs paid.
   (c) For purposes of this section only, the term "person" does not
include any city, county, city and county, or other political
subdivision of the state or local government.



113718.  The Retail Food Safety and Defense Fund is hereby
established as a special fund in the State Treasury. All moneys
collected by the department under subdivision (a) of Section 113717
shall be deposited into the fund, for expenditure by the department,
upon appropriation by the Legislature, solely for the purpose of
implementing and carrying out this part.



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 extent of food preparation that is
to be conducted at the food facility.



113725.  (a) The enforcement agency shall utilize a standardized
food facility inspection format for food facility inspections that
includes all of the following:
   (1) The name and address of the food facility.
   (2) Identification of the following inspection criteria, which
shall be the basis of the inspection report:
   (A) Improper holding temperatures of potentially hazardous foods.
   (B) Improper cooling of potentially hazardous foods.
   (C) Inadequate cooking of potentially hazardous foods.
   (D) Poor personal hygiene of food employees.
   (E) Contaminated equipment.
   (F) Food from unapproved sources.
   (3) For each violation identified pursuant to paragraph (2),
classification of the violation as a minor violation or major
violation.
   (b) An enforcement agency may modify the format to add criteria to
those specified pursuant to paragraph (2) of subdivision (a), if
both of the following conditions are met:
   (1) The additional criteria are based on other provisions of this
part.
   (2) A violation is identified by reference to items and sections
of this part, or the regulations adopted pursuant to this part
relating to those items, if a food facility is cited for a violation
of the additional criteria.
   (c) This section shall not restrict the ability of the enforcement
agency to inspect and report on criteria other than those subject to
regulation under this part.



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 upon request. The food facility
shall post a notice advising consumers that a copy of the most recent
routine inspection report is available for review by any interested
party.



113725.2.  Local enforcement agencies, and the department when
adequate funding is made available to the department, shall conduct
routine training on food facility inspection standardization to
promote the uniform application of inspection procedures.




113725.3.  (a) The department shall publish standardized procedures
for enforcement agencies to report food facility inspection
information regarding each food facility. The report shall include
all of the following:
   (1) Name and address of the food facility.
   (2) Date of last inspection.
   (3) Identification of any major violation identified in a food
facility inspection.
   (4) Reinspection date, if applicable.
   (5) Period of closure, if applicable.
   (b) The department, in consultation with local environmental
health directors, representatives of the retail food industry, and
other interested parties, may periodically review and revise the
standardized procedures established pursuant to subdivision (a). In
making any revisions, the department shall strive to ensure that the
required information can be reported and made available in the most
efficient, timely, and cost-effective manner.
   (c) (1) The standardized procedures established pursuant to this
section shall include a standardized electronic format and protocol
for reporting the food facility inspection data in a timely manner,
and shall strive to ensure that the information is readily
accessible, can be rapidly reported, and, if necessary, corrected,
for each food facility that has been inspected or reinspected. If the
enforcement agency determines that reported information is
materially in error, that error shall be corrected within 48 hours
after that determination.
   (2) The department may establish standardized procedures for
reporting the information on electronic media, including, but not
limited to, floppy disks or compact disks.
   (d) Within 60 days after the department has established the
standardized procedures pursuant to this section, the department
shall publish these procedures.
   (e) (1) Each enforcement agency that reports food facility
inspection information on an Internet Web site shall report the
information in accordance with the standardized procedures
established pursuant to this section.
   (2) This section shall not restrict the ability of an enforcement
agency to report on matters other than matters subject to regulation
under this part.
   (f) The department may establish a link to each Internet Web site
utilized by any enforcement agency containing the food facility
inspection information pursuant to subdivision (e).