2005 California Health and Safety Code Sections 113735-113910 Article 2. Definitions

113735.  "Adulterated" means food that bears or contains any
poisonous or deleterious substance that may render the food impure or
injurious to health.  Food is also adulterated if it is
manufactured, prepared, or stored in a manner that deviates from an
HACCP plan as defined in Section 113797 and adopted pursuant to
Section 114055 or 114056 so as to pose a discernable increase in
hazard risk.
113740.  (a) "Approved" means acceptable to the enforcement agency
based on a determination of conformity with applicable laws, or, in
the absence of applicable laws, current public health principles,
practices, and generally recognized industry standards that protect
public health.
   (b) "Approved source" means a producer, manufacturer, distributor,
transporter, or food establishment that is acceptable to the
enforcement agency based on a determination of conformity with
applicable laws, or, in the absence of applicable laws, with current
public health principles and practices, and generally recognized
industry standards that protect public health.
113745.  "Certified farmers' market" means a location  operated in
accordance with Chapter 10.5 (commencing with Section 47000) of
Division 17 of the Food and Agricultural Code, and the regulations
adopted pursuant thereto.
113746.  "Comminuted" means reduced in size by methods including
chopping, flaking, grinding, or mincing.  Comminuted includes fish
and other animal products that are reduced in size and restructured
or reformulated, including, but not limited to, gefilte fish, formed
roast beef, gyros, ground beef, and sausage; and a mixture of two or
more types of those products that have been reduced in size and
combined, including, but not limited to, sausages made from two or
more of those products.
113750.  "Commissary" means a food establishment in which food,
containers, equipment, or supplies are stored or handled, food is
prepared or prepackaged for sale or service at other locations,
utensils are cleaned, liquid or solid wastes are disposed of, or
potable water is obtained, for use in mobile food facilities, mobile
food preparation units, stationary mobile food preparation units, or
vending machines.
113750.1.  "Community event" means an event that is of a civic,
political, public, or educational nature, including state and county
fairs, city festivals, circuses, and other public gathering events
approved by the local enforcement agency.
113751.  "Control point" means any distinct procedure or step in
receiving, storing, handling, preparing, displaying, or dispensing a
food.
113752.  "Critical control point" means a control point where any
loss of control may result in an unacceptable health risk pertaining
to a food.
113753.  "Critical limit" means the maximum or minimum value to
which a physical, biological, or chemical parameter shall be
controlled at a critical control point to minimize the risk that an
identified food safety hazard may occur.
113755.  "Employee" means any person working in a food facility
covered by this chapter.
113760.  "Enforcement agency" means the department and all local
health agencies.
113765.  "Enforcement officer" means the director, agents, or
environmental health specialists appointed by the Director of Health
Services, and all local health officers, directors of environmental
health, and their duly authorized registered environmental health
specialists and environmental health specialist trainees.
113770.  "Equipment" means all cooking units, hoods, cutting blocks,
processing machines, tables, refrigerators, sinks, dish machines,
steam tables, and other items used in a food facility.
113773.  "Fish" means fresh or saltwater finfish, molluscan
shellfish, crustaceans, and other forms of aquatic animal life other
than birds or mammals and includes any edible human food product
derived in whole or in part from fish, including fish that has been
processed in any manner.
113775.  "Food" means any raw or processed substance, ice, beverage,
including water, or ingredient intended to be used as food, drink,
confection, or condiment for human consumption.
113776.  "Food condiment" means nonpotentially hazardous relishes,
spices, sauces, confections, or seasonings, that require no
additional preparation, and that are used on a food item, including,
but not limited to, ketchup, mustard, mayonnaise, sauerkraut, salsa,
salt, sugar, pepper, or chile peppers.
113777.  "Food contact surface" means a surface of equipment or a
utensil with which food normally comes into contact.
113780.  "Food establishment" means any room, building, or place, or
portion thereof, maintained, used, or operated for the purpose of
storing, preparing, serving, manufacturing, packaging, transporting,
salvaging, or otherwise handling food at the retail level.  "Food
establishment" includes a restricted food service transient occupancy
establishment, as defined in Section 113870.
   "Food establishment" does not include a commercial food processing
establishment as defined in Section 111955, at the wholesale level,
a mobile food facility, vending machine, satellite food distribution
facility, temporary food facility, open-air barbecue, certified
farmers' market, stationary mobile food preparation unit, or mobile
food preparation unit.
113785.  (a) "Food facility" means all of the following:
   (1) Any food establishment, mobile food facility, vending machine,
produce stand, swap meet prepackaged food stand, temporary food
facility, satellite food distribution facility, stationary mobile
food preparation unit, mobile support unit, and mobile food
preparation unit.
   (2) Any place used in conjunction with the operations described in
paragraph (1), including, but not limited to, storage facilities for
food-related utensils, equipment, and materials.
   (3) A certified farmers' market, for purposes of permitting and
enforcement.
   (b) "Food facility" does not include any of the following:
   (1) A cooperative arrangement wherein no permanent facilities are
used for storing or handling food, or a private home, church, private
club, or other nonprofit association that gives or sells food to its
members and guests at occasional events, as defined in Section
113825, or a for-profit entity that gives or sells food at occasional
events, as defined in Section 113825, for the benefit of a nonprofit
association, if the for-profit entity receives no monetary benefit,
other than that resulting from recognition for participating in the
event.
   (2) Premises set aside for winetasting, as that term is used in
Section 23356.1 of the Business and Professions Code and in the
regulations adopted pursuant to that section, if no food or beverage
is offered for sale for onsite consumption.
113790. "Food preparation" means packaging, processing, assembling,
portioning, or any operation that changes the form, flavor, or
consistency of food, but does not include trimming of produce.
113795.  "Frozen food" means a food maintained at a temperature at
which all moisture therein is in a solid state.
113796.  "HACCP" means Hazard Analysis Critical Control Point.
113797.  "HACCP plan" means a written document that delineates the
formal procedures for following the Hazard Analysis Critical Control
Point principles that were developed by the National Advisory
Committee on Microbiological Criteria for Foods and complies with the
requirements of Section 114055.
113798.  (a) "HACCP principles" means the seven basic steps of
HACCP, as prescribed in subdivision (b).
   (b) (1) The completion of hazard analysis identification by
identifying the likely hazards to consumers presented by a specific
food.
   (2) The determination of critical control points in receiving,
storage, preparation, display, and dispensing of a food.
   (3) The setting of measurable critical limits for each critical
control point determined.
   (4) Developing and maintaining monitoring practices to determine
if critical limits are being met.
   (5) Developing and utilizing corrective action plans when failure
to meet critical limits is detected.
   (6) Establishing and maintaining a recordkeeping system to verify
adherence to a HACCP plan.
   (7) Establishing a system of audits to:
   (A) Initially verify the effectiveness of the critical limits set
and appropriateness of the determination of critical control points.
   (B) Periodically verify the effectiveness of the HACCP plan.
113799.  "Hazard" means a biological, chemical, or physical property
that may cause an unacceptable public health risk.
113800.  "Hearing Officer" means a local health officer, a director
of environmental health, or his or her designee.
113803.  "Hermetically sealed container" means a container that is
designed and intended to be secure against the entry of
micro-organisms and, in the case of low-acid canned foods, to
maintain the commercial sterility of its contents after processing.
113805.  "Hot dog" means a whole cured, cooked sausage that is
skinless or stuffed in a casing and that is also known as a
frankfurter, frank, furter, wiener, red hot, vienna, bologna, garlic
bologna, or knockwurst, and that may be served in a bun or roll.
113810.  "Impound" means the legal control exercised by the
enforcement officer over the use, sale, disposal, or removal of any
food or equipment.
113813.  "Injected" means manipulating a meat so that infectious or
toxigenic micro-organisms may be introduced from its surface to its
interior through tenderizing with deep penetration or injecting the
meat with, for example, juices, that may be referred to as
"injecting," "pinning," or "stitch pumping."
113815.  "Mobile food preparation unit" means any mobile food
facility or portable food service unit upon which food is prepared
for service, sale, or distribution at retail.  Mobile food
preparation unit shall not include mobile food facilities from which
prepackaged food or approved unpackaged food is sold or offered for
sale as prescribed by Article 11 (commencing with Section 114250).
113817.  "Mobile support unit" means a vehicle, used in conjunction
with a commissary, that travels to, and services, mobile food
facilities as needed to replenish supplies, including food and
potable water, clean the interior of the unit, or dispose of liquid
or solid wastes.
113820.  "Multiservice utensil" means a utensil manufactured and
approved for use more than one time.
113823.  "Nonprofit charitable temporary food facility" means either
of the following:
   (a) A temporary food facility, as defined in Section 113895, that
is conducted and operated by a corporation incorporated pursuant to
the Nonprofit Corporation Law (Div. 2 (commencing with Section 5000),
Title 1, Corp. C.), that is exempt from taxation pursuant to
paragraphs (1) to (10), inclusive, and paragraph (19) of Section 501
(c) of the Internal Revenue Code and Section 23701d of the Revenue
and Taxation Code.
   (b) An established club or organization of students that operates
under the authorization of a school or educational facility.
113825.  "Occasional event" means an event that occurs not more than
three days in any 90-day period.
113830.  "Open-air barbecue facility" means an unenclosed facility
for barbecuing food, where the food is prepared out of doors by
cooking directly over hot coals, heated lava, hot stones, gas flame,
or other method approved by the state department, on equipment
suitably designed and maintained for use out of doors, that is
operated by a food establishment, temporary food facility, or
stationary mobile food preparation unit, that is operated in full
compliance with Article 9 (commencing with Section 114185).
113831.  "Outdoor beverage bar" means an unenclosed facility
operated on the same premises as, or in conjunction with, a fully
enclosed food establishment where any alcoholic and nonalcoholic
beverages are prepared out of doors.
113835.  "Permit" means a written authorization to operate issued by
a local enforcement officer.
113840.  "Person" means any individual, firm, partnership, joint
venture, association, limited liability company, corporation, estate,
trust, receiver, syndicate, city, county, or other political
subdivision, or any other group or combination acting as a unit.
113841.  Customer access to a food establishment through the food
preparation area is permissible, in the discretion of the permittee,
if  ready-to-eat foods are prepared in approved areas separated from
sources of contamination by a space of at least three feet from the
consumer and in areas that are separate from raw or undercooked
foods.  The route of access shall be separated from the required
space by a rail or wall at least three feet high or otherwise clearly
delineated.
113843.  "Potable water" means, for the purposes of this chapter,
water that complies with the requirements for water from transient
noncommunity water systems under the California Safe Drinking Water
Act.
113843.  "Potable water" means, for the purposes of this chapter,
water that complies with the requirements for water from transient
noncommunity water systems under the California Safe Drinking Water
Act.
113844.  "Potable water" means water that complies with the
standards for transient noncommunity water systems pursuant to the
California Safe Drinking Water Act (Chapter 4 (commencing with
Section 116275) of Part 12), to the extent permitted by federal law.
113845.  "Potentially hazardous food" means food that is in a form
capable of (1) supporting rapid and progressive growth of infectious
or toxigenic microorganisms that may cause food infections or food
intoxications, or (2) supporting the growth or toxin production of
Clostridium botulinum.  "Potentially hazardous food" does not include
foods that have a pH level of 4.6 or below, foods that have a water
activity (aw) value of 0.85 or less under standard conditions, food
products in hermetically sealed containers processed to meet the
commercial sterility standard, as defined in Section 113.3(e) of
Title 21 of the Code of Federal Regulations, or food that has been
shown by appropriate microbial challenge studies approved by the
enforcement agency not to support the rapid and progressive growth of
infectious or toxigenic microorganisms that may cause food
infections or food intoxications, or the growth and toxin production
of Clostridium botulinum.
113847.  "Premises" means the food facility, its contents, and the
contiguous land or property and its facilities and contents that are
under the control of the permitholder that may impact food
establishment personnel, facilities, or operations.
113850.  "Produce" means any fruit or vegetable in its raw or
natural state.
113855.  "Produce stand" means a food establishment that sells,
offers for sale, or gives away only produce or shell eggs, or both.
113857.  "Ready-to-eat food" means food that is in a form that is
edible without additional washing, cooking, or preparation by the
food facility or the consumer and that is reasonably expected to be
consumed in that form.
113860.  "Refrigeration unit" means a mechanical unit that extracts
heat from an area through liquification and evaporation of a fluid by
a compressor, flame, or thermoelectric device, and includes a
mechanical thermostatic control device that regulates refrigerated
blown air into an enclosed area at or below the minimum required food
storage temperature of potentially hazardous foods in conformance
with Section 113995.
113865.  "Remodel" means construction, building, or repair to the
food facility that requires a permit from the local building
authority.  For purposes of Article 11 (commencing with Section
114250), Article 12 (commencing with Section 114285), and Article 17
(commencing with Section 114358), remodel means any replacement or
significant modification of an integral piece of equipment.
113870.  (a) "Restricted food service transient occupancy
establishment" means either of the following:
   (1) An establishment of 20  guest rooms or less, that provides
overnight transient occupancy accommodations, that serves food only
to its registered guests, that serves only a breakfast or similar
early morning meal, and no other meals, and with respect to which the
price of food is included in the price of the overnight transient
occupancy accommodation.
   (2) An agricultural homestay establishment that meets all of the
following requirements:
   (A) Has not more than six guest rooms or accommodates not more
than 15 guests.
   (B) Provides overnight transient accommodations.
   (C) Serves food only to its registered guests and serves meals at
any time, and with respect to which the price of food is included in
the price of the overnight transient occupancy accommodation.
   (D) Lodging and meals are incidental and not the primary function
of the agricultural homestay establishment.
   (E) The agricultural homestay establishment is located on, and is
a part of, a farm, as defined in Section 52262 of the Food and
Agricultural Code, that produces agricultural products as its primary
source of income.
   (b) Notwithstanding subdivision (a), a restricted food service
transient occupancy establishment may serve light foods or snacks
presented to the guest for self-service.
   (c) For purposes of this section, "restricted food service
transient occupancy establishment" refers to an establishment as to
which the predominant relationship between the occupants thereof and
the owner or operator of the establishment is that of innkeeper and
guest.  For purposes of this section, the existence of some other
legal relationships as between some occupants and the owner or
operator shall be immaterial.
113875.  "Retail" means the storing, preparing, serving,
manufacturing, packaging, transporting, salvaging, or otherwise
handling food for dispensing or sale directly to the consumer.
113877.  "Sanitization" means the application of heat or approved
chemical sanitizer on cleaned food contact surfaces.
113880.  "Satellite food distribution facility" means either of the
following:
   (a) A location where only prepackaged, unit servings of food are
distributed, that have been prepared or stored in an approved food
facility operated by a school, governmental agency, or nonprofit
organization.
   (b) A stand, kiosk, cart, or other semi-permanent, remote,
food-dispensing facility located within a defined and securable
perimeter, including, but not limited to, an amusement park, stadium,
arena, or enclosed shopping mall that operates a food establishment
on the site.
113885.  "Single service utensil" means a utensil that is
manufactured and approved for use only once and that shall be
discarded after use.
113890.  "Stationary mobile food preparation unit" means a mobile
food preparation unit that operates at a state, county, district, or
citrus fair or any approved occasional event and that remains in a
fixed position during food preparation and its hours of operation.
113895.  "Temporary food facility" means a food facility operating
out of temporary facilities approved by the enforcement officer at a
fixed location for a period of time not to exceed 25 consecutive or
nonconsecutive days in any 90-day period in conjunction with a
single, weekly, or monthly community event, as defined in Section
113750.1.
113898.  "Utensil" means any kitchenware, tableware, cutlery,
glassware, container, implement, high chair tray, or other item with
which food comes in contact during storage, transportation, display,
preparation, serving, sale, or through use by an employee or
consumer.
113900.  "Mobile food facility" means any conveyance, used in
conjunction with the service of a commissary or other approved
facility upon which prepackaged food or approved nonprepackaged food
is sold or offered for sale at retail.  "Mobile food facility" does
not include a mobile food preparation unit or a stationary mobile
food preparation unit.
113903.  "Vending machine" means any self-service device that, upon
insertion of money or tokens, dispenses food without the necessity of
replenishing the device between each vending operation.  "Vending
machine" does not include any device dispensing exclusively peanuts,
nuts, popcorn, ballgum, or hard candy; prepackaged candy, cookies,
crackers, or similar snacks and beverages that are not potentially
hazardous as defined in Section 113845, and prepackaged ice.
113905.  "Swap meet prepackaged food stand" means a food facility,
other than a mobile food facility, operated at a swap meet, by a swap
meet operator or its lessee, that offers for sale, or gives away,
only prepackaged foods.
113908.  "Prepackaged food" means any properly labeled processed
food, prepackaged to prevent any direct human contact with the food
product upon distribution from the manufacturer, and prepared at a
facility approved by the enforcement agency.
113910.  As used in this chapter, "swap meet" and "swap meet
operator" shall have the meanings set forth in Section 21661 of the
Business and Professions Code.