2005 California Health and Safety Code Sections 113700-113733 Article 1. General Provisions

113700.  This chapter shall be known and may be cited as the
California Uniform Retail Food Facilities Law.
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 food will be pure, safe, and unadulterated.  It is
the intention of the Legislature to occupy the whole field of health
and sanitation standards for these food facilities, and the
standards set forth in this chapter and regulations adopted pursuant
to its provisions shall be exclusive of all local health and
sanitation standards relating to these facilities.
113710.  The department shall adopt regulations to implement and
administer this chapter.
113715.  Nothing in this chapter shall 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, or from regulating the
provision of patron toilet and hand washing facilities.
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), tests,
utilizing forms recognized by the Conference on Food Protection, of
the following food safety certification examination providers shall
be deemed to be approved and accredited for purposes of this section:
   (A) The National Restaurant Association Educational Foundation's
ServSafe Food Protection Manager Certification Examination.
   (B) Experior Assessments LLC.
   (C) The National Registry of Food Safety Professionals.
   (D) The certifying board of the 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 handle only 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 to 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).
113720.  In all laws and regulations, references to Chapter 6
(commencing with Section 28190), Chapter 11 (commencing with Section
28520), and Chapter 14 (commencing with Section 28800), of Division
22 of the Health and Safety Code, or to the California Bakery
Sanitation Law, the California Restaurant Act,  and the Retail Food
Production and Marketing Establishments Law, shall mean this chapter
or the California Uniform Retail Food Facilities Law.
113725.  Primary responsibility for enforcement of this chapter
shall be with local health agencies.  Nothing in this chapter shall
prevent the department from taking any necessary program or
enforcement actions for the protection of the public health and
safety.
   Whenever the enforcement of the requirements of this chapter by
any local enforcement agency is satisfactory to the department, the
enforcement of this chapter shall not be duplicated by the
department.  The department may investigate to determine satisfactory
enforcement of this chapter by a local enforcement agency.
113730.  Any construction, alteration, remodeling, or installation
of equipment in a food establishment pursuant to this chapter shall
be in accordance with applicable building codes and shall be approved
by the enforcement officer.
113731.  (a) Any person requesting the department to undertake any
activity pursuant to Section 113845, 114056, 114065, paragraph (2) of
subdivision (c) of Section 114090, 114140, subdivision (b) of
Section 114290, or 114367 shall pay the department's costs incurred
in undertaking the activity.  The department's services shall be
assessed at the rate of fifty-five dollars ($55) per hour, 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.
113732.  The enforcement agency may monitor and enforce the potable
drinking water standards in the California Safe Drinking Water Act
(Chapter 4 (commencing with Section 116275)) for purposes of
enforcing this chapter and compliance with any requirements with
regard to potable water, as defined in Section 113843.
113732.  The enforcement agency may monitor and enforce the potable
drinking water standards in the California Safe Drinking Water Act
(Chapter 4 (commencing with Section 116275)) for purposes of
enforcing this chapter and compliance with any requirements with
regard to potable water, as defined in Section 113843.
113733.  (a) All animal byproducts and inedible kitchen grease
disposed of by any food facility, except restaurants, shall be
transported by a renderer licensed under Section 19300 of the Food
and Agricultural Code, or a registered transporter of inedible
kitchen grease, licensed under Section 19310 of the Food and
Agricultural Code.  Nothing in this section prevents a food facility
from transporting its own animal byproducts in its own vehicles to a
central collection point.  For the purposes of this section, inedible
kitchen grease does not include grease recovered from an
interceptor.
   (b) "Restaurant," as used in this section, means any coffeeshop,
cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge,
sandwich stand, soda fountain, private and public school cafeteria or
eating establishment, in-plant or employee eating establishment,
studio facility, dinnerhouse, delicatessen, commissary, hotel or
motel food service operation, and any other eating establishment,
organization, club, including veterans' club, boardinghouse,
guesthouse, or political subdivision, that gives, sells, or offers
for sale, food to the public, guests, patrons, or employees, as well
as kitchens in which food is prepared on the premises for serving
elsewhere, including catering functions.