2005 California Health and Safety Code Sections 114310-114330 Article 13. Temporary Food Facilities

HEALTH AND SAFETY CODE
SECTION 114310-114330

114310.  This article governs sanitation requirements for temporary
food facilities as defined in this chapter.
114311.  Except as otherwise set forth in this article, temporary
food facilities shall meet the applicable requirements in Article 6
(commencing with Section 113975) and Article 7 (commencing with
Section 113990).
114312.  All food that is sold, given away, or dispensed from a
temporary food facility shall be from an approved source.  No food
prepared or stored in a private home may be used, stored, served,
offered for sale, sold, or given away in a temporary food facility.
114313.  The name of the facility, city, state, ZIP Code, and name
of the permittee, if different from the name of the facility, shall
be permanently affixed to both sides of the facility during all
periods of operations so as to be legible and clearly visible to
patrons.  The facility's name shall be in letters at least 8
centimeters (3 inches) in height and shall be of a color contrasting
with the exterior of the facility.  Letters and numbers for the city,
state, ZIP Code, and the name of the permittee may not be less than
2.5 centimeters (1 inch) in height.
114314.  (a) In addition to the permit issued to each complying
temporary food facility, a permit shall be obtained by the person or
organization responsible for facilities or equipment that are shared
by two or more temporary food facilities operating at a community
event.
   (b) The permit application and site plan shall be submitted to the
enforcement agency at least two weeks prior to the date that the
community event is scheduled to commence.
   (c) The site plan shall show the proposed locations of the
temporary food facilities, restrooms, and all shared utensil washing,
hand washing, and janitorial facilities.
114315.  (a) Notwithstanding Section 113995, during operating hours
of the temporary food facility, potentially hazardous food may be
held at a temperature not to exceed 7 degrees Celsius (45 degrees
Fahrenheit) for up to 12 hours in any 24-hour period.  At the end of
the operating day, potentially hazardous food that has been held in
accordance with this subdivision shall be placed in refrigeration
units that maintain the food at or below 5 degrees Celsius (41
degrees Fahrenheit) or the food shall be destroyed in a manner
approved by the local enforcement agency.
   (b) At the end of the operating day potentially hazardous food
that is held at or above 57.2 degrees Celsius (135 degrees
Fahrenheit) shall be either destroyed in a manner approved by the
local enforcement agency or donated in accordance with Article 19
(commencing with Section 114435), but may not be reserved in a food
facility.
   (c) Adequate cold food and hot food holding equipment shall be
provided to insure proper temperature control during transportation
and operation of the temporary food facility.
114316.  In addition to complying with Section 114045, live animals,
birds, and fowl may not be kept or allowed within 6 meters (20 feet)
of any area where food is stored or held for sale.  All reasonable
efforts shall be taken to exclude wild animals, birds, and fowl from
the temporary food facility.  This subdivision shall not apply to
guide dogs, signal dogs, or service dogs when used in the manner
specified in Section 54.1 of the Civil Code.
114317.  Food-related and utensil-related equipment used in
conjunction with a temporary food facility shall be approved by the
local enforcement agency.
114318.  Ice used for refrigeration purposes may not be used for
consumption in food or beverages.
114319.  (a) Adequate and suitable facilities shall be provided for
the storage of food, utensils, and related items.  During periods of
operation, supplies and nonpotentially hazardous foods in unopened
containers may be stored adjacent to the temporary food facility, or
in unopened containers in an approved nearby temporary storage unit.
An "unopened container" means a factory-sealed container that has
not been previously opened, and that is suitably constructed to be
resistant to contamination from moisture, dust, insects, and rodents.
   (b) All food-related and utensil-related items shall be stored at
least 15 centimeters (6 inches) above the floor and in a manner that
will protect these items from sources of contamination.
   (c) During periods of inoperation, food shall be stored in one of
the following methods:
   (1) Within a fully enclosed temporary food facility that is in
compliance with Sections 114030 and 114145.
   (2) In lockable food storage compartments or containers meeting
both of the following conditions:
   (A) The food is adequately protected at all times from
contamination, exposure to the elements, ingress of rodents and other
vermin, and temperature abuse.
   (B) The storage compartments or containers have been approved by
the local enforcement agency.
   (3) Within a permitted food facility or other facility approved by
the local enforcement agency.
114320.  During transportation to and from the temporary food
facility and during operation of the temporary food facility, all
food, food contact surfaces, and utensils shall be protected from
contamination.
114321.  At least one toilet facility for each 15 employees shall be
provided within 60 meters (200 feet) of each temporary food
facility.  Each toilet facility shall be provided with hand washing
facilities equipped with hot and cold running water.  Hand washing
cleanser and single-use sanitary towels shall be provided in
permanently installed dispensers at each hand washing facility.
Temporary food facilities that handle only prepackaged foods may
provide cold water with a germicidal soap in lieu of hot and cold
running water at the hand washing facilities.  The local enforcement
agency may allow hand washing facilities other than those required by
this section when it deems that the alternate facilities are
adequate.
114323.  An area separate from food preparation, utensil washing,
and food storage areas shall be provided for the storage of employee
clothing or other personal effects.  Personal effects shall be stored
in a manner that prevents the contamination of food-related and
utensil-related items.
114324.  Adequate lighting shall be provided.
114325.  (a) An adequate supply of potable hot water, at least 48
degrees Celsius (120 degrees Fahrenheit) shall be provided for
utensil washing, hand washing, and janitorial purposes.  The water
supply shall be from a source approved by the enforcement agency.
The potable water supply shall be protected with a backflow or back
siphonage protection device, as required by applicable plumbing
codes.
   (b) Adequate potable water shall be provided, commensurate with
the food handling activities taking place in the temporary food
facility.  In addition to the water needed for food preparation and
dispensing, at least 75.8 liters (20 gallons) of potable water shall
be provided per temporary food facility per day of operation for
utensil washing and hand washing.
   (c) The inlet to a potable water tank 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.
114326.  Adequate liquid waste holding facilities shall be provided
and shall meet all of the following requirements:
   (a) All liquid waste shall be disposed of in a manner approved by
the enforcement agency.
   (b) The liquid waste tanks shall have a minimum capacity that is
50 percent greater than the potable water tanks.
   (c) When ice is utilized in the storage or display of foods or
beverages, an additional minimum liquid waste holding tank capacity
equal to one-third of the volume of the ice bins shall be provided
for the drainage of ice melt.
   (d) Additional liquid waste tank capacity may be required where
liquid waste production or spillage is likely to occur.
   (e) Any connection to a liquid waste holding tank shall preclude
the possibility of contaminating any food, food contact surface, or
utensils.
114327.  Open-air barbecue facilities may be operated adjacent only
to those temporary food facilities that are permitted to handle the
types of foods to be prepared on the barbecue and with the approval
of the local enforcement officer and subject to the requirements of
Article 9 (commencing with Section 114185).  All other cooking
equipment shall be installed and operated in compliance with all
applicable local building and fire codes.
114328.  Based upon local environmental conditions, location, and
other similar factors, the enforcement officer may establish
additional structural or operational requirements, or both, as
necessary to ensure that foods are of a safe and sanitary quality.
114329.  In addition to complying with Sections 114310 to 114328,
inclusive, temporary food facilities that handle only prepackaged
foods shall also meet both of the following requirements:
   (a) A durable and readily cleanable floor surface shall be
provided within the temporary food facility.
   (b) A temporary food facility shall be designed and operated so as
to prevent contamination of food under normal operating conditions
with regard to employee sanitation, and minimize exposure to airborne
contaminants, birds, vermin, leaves, rain, condensation, and other
forms of contamination.  Overhead protection may be required by the
enforcement agency in order to protect food products from
contamination.
114330.  In addition to complying with Sections 114310 to 114328,
inclusive, temporary food facilities that handle nonprepackaged foods
shall also meet all of the following requirements:
   (a) Temporary food facilities shall be fully enclosed, meeting the
requirements of Sections 114030 and 114145, except that temporary
food facilities that handle only nonprepackaged nonpotentially
hazardous food shall be fully enclosed, or, if approved by the local
enforcement agency, all food handling activities shall take place
within food compartments meeting the requirements of subdivision (o)
of Section 114265.
   (b) A durable and readily cleanable floor surface shall be
provided within the temporary food facility.
   (c) Walls shall be smooth, durable, and readily cleanable.
Screening that is at least 16 mesh shall be considered an acceptable
wall material for enclosing a temporary food facility.
   (d) Ceilings shall be smooth, durable, and readily cleanable.
Screening shall only be acceptable as a ceiling material above
cooking equipment when necessary for ventilation purposes.
   (e) Food condiments shall be protected from contamination and,
where available for customer self-service, be prepackaged or
available only from approved dispensing devices.
   (f) A stainless steel utensil washing sink with at least three
compartments with two integrally installed stainless steel
drainboards shall be provided.  The sink compartments and drainboards
shall be large enough to accommodate the largest utensil or piece of
equipment to be cleaned in the sink.  The sink shall be provided
with hot and cold running water from a mixing valve.  The sink shall
be located within each temporary food facility, except that one sink
may be shared by no more than four temporary food facilities that
handle only nonprepackaged nonpotentially hazardous food, if the sink
is centrally located and is adjacent to the sharing facilities.  The
local enforcement agency may allow utensil washing facilities other
than those required by this section when it deems that utensils can
still be handled in a safe and sanitary manner.
   (g) Hand washing facilities, separate from the utensil washing
sink, shall be provided.  The hand washing facilities shall be
located within each temporary food facility, except that the
facilities may be shared by no more than four temporary food
facilities that handle only nonprepackaged nonpotentially hazardous
food, if the facilities are centrally located and are adjacent to the
sharing facilities.  Each hand washing facility shall be equipped
with hot and cold running water.  Hand washing cleanser and
single-use sanitary towels shall be provided in permanently installed
dispensers at each hand washing facility.  The local enforcement
agency may allow hand washing facilities other than those required by
this section when it deems that the alternate facilities are
adequate.


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