2005 California Health and Safety Code Sections 114460-114475 Facilities for the Elderly

114460.  (a) The Legislature finds and declares that under a recent
decision by the State Department of Health Services, child day care
facilities, community care facilities, and residential care
facilities for the elderly, have been deemed to come within the
definition of a food establishment as defined in Section 113780.  The
Legislature further finds and declares that if this decision is
fully implemented, many of the child day care facilities, community
care facilities, and residential care facilities for the elderly,
would be adversely affected due to the stringent requirements of this
chapter.
   (b) It is the intent of the Legislature to temporarily exempt
child day care facilities, community care facilities, and residential
care facilities for the elderly from the requirements of this
chapter, pending the enactment of separate statutory provisions for
these facilities that would contain health and safety standards
appropriate to these facilities.
114465.  For purposes of this article, the following definitions
shall apply:
   (a) "Child day care facilities" shall have the same meaning as
defined in Section 1596.750.
   (b) "Community care facilities" shall have the same meaning as
defined in Section 1502.
   (c) "Residential care facilities for the elderly" shall have the
same meaning as defined in Section 1569.2.
114470.  Child day care facilities, community care facilities, and
residential care facilities for the elderly shall not be deemed to be
either food establishments, as defined in Section 113780, or food
facilities, as defined in Section 113785, and, therefore, shall be
exempt from this chapter.
114475.  (a) The State Department of Social Services, in cooperation
with the State Department of Health Services, shall develop proposed
food preparation provisions for child day care facilities, community
care facilities, and residential care facilities for the elderly
that would carry out the intent of this chapter to ensure the health
and safety of individuals and also that would not adversely affect
those facilities that are safely operated.  In developing proposed
food preparation provisions for child day care facilities, the State
Department of Social Services shall consult with the State Department
of Education.
   (b) The State Department of Social Services shall submit a
recommendation of the proposed food preparation provisions to the
Legislature no later than January 1, 1991.
   (c) It is the intent of the Legislature to consider the
recommended proposed food preparation provisions in the adoption of
food preparation statutory requirements for child day care
facilities, community care facilities, and residential care
facilities for the elderly.