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2005 California Health and Safety Code Sections 113925-113947 Article 4. Enforcement and Inspection
HEALTH AND SAFETY CODESECTION 113925-113947
113925. (a) Enforcement officers are charged with the enforcement of this chapter and all regulations adopted pursuant to it. (b) (1) For purposes of enforcement of this chapter, any authorized enforcement officer may, during the facility's hours of operation and other reasonable times, enter, inspect, issue citations to, and secure any sample, photographs, or other evidence from, any of the following: (A) Any food facility. (B) Any facility suspected of being a food facility. (C) Any vehicle transporting food to or from a retail facility, when the vehicle is stationary at an agricultural inspection station, a border crossing, or at any food facility under the jurisdiction of the enforcement agency, or upon the request of an incident commander. (2) If a food facility is operating under an HACCP plan, as defined in Section 113797 and adopted pursuant to Section 114055 or 114056, the enforcement officer may, for the purpose of determining compliance with the plan, secure as evidence any documents, or copies of documents, relating to the facility's adherence to the HACCP plan. (c) It is a violation of this chapter for any person to refuse to permit entry or inspection, the taking of samples or other evidence, or access to copy any record as authorized by this chapter, or to conceal any samples or evidence, or withhold evidence concerning them. (d) A written report of the inspection shall be made and a copy shall be supplied or mailed to the owner, manager, or operator of the food facility. 113930. (a) Based upon inspection findings or other evidence, an enforcement officer may do any of the following: (1) Impound any food that is found to be, or suspected of being, contaminated or adulterated. (2) Impound equipment or utensils that are found to be unsanitary or in such disrepair that food, equipment, or utensils may become contaminated or adulterated, and inspect, impound, or inspect and impound any utensil that is suspected of releasing lead or cadmium in violation of Section 108860. The enforcement officer may attach a tag to the food, equipment, or utensils that shall be removed only by the enforcement officer following verification that the condition has been corrected. (b) No food, equipment, or utensils impounded pursuant to subdivision (a) shall be used unless the impoundment has been released. (c) Within 30 days the enforcement agency that has impounded the food, equipment, or utensils pursuant to subdivision (a) shall commence proceedings to release the impounded materials or to seek administrative or legal remedy for its disposition. 113935. Any person who violates any provision of this chapter or regulation adopted pursuant to this chapter is guilty of a misdemeanor. Each offense shall be punished by a fine of not less than twenty-five dollars ($25) or more than one thousand dollars ($1,000) or by imprisonment in the county jail for a term not exceeding six months, or by both fine and imprisonment. 113940. The owner, manager, or operator of any food facility is responsible for any violation by an employee of any provision of this chapter or any regulation adopted pursuant to this chapter. Each day the violation occurs shall be a separate and distinct offense. 113945. A violation of any provision of this chapter or regulation adopted pursuant to this chapter relating to facilities held in common or shared by more than one food facility shall be deemed a violation for which the owner, manager, or operator of each food facility is responsible. 113946. (a) On or before January 1, 2002, the department shall establish, and each local health 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. (B) Inadequate cooking. (C) Poor personal hygiene of food handlers. (D) Contaminated equipment. (E) Food from unsafe sources. (3) For each violation identified pursuant to paragraph (2), classification of the violation as a "minor violation" or "major violation." Major violations are those violations that pose an imminent risk to public health and warrant immediate closure of the food establishment or immediate correction. Minor violations are those that do not pose an imminent public health risk, but do warrant correction. (b) A local health agency may modify the format to add criteria to the criteria specified pursuant to paragraph (2) of subdivision (a), provided 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) A copy of the most recent inspection report shall be maintained at the food facility. The food facility shall post a notice advising patrons that a copy of the most recent inspection report is available for review by interested parties. (d) The department and local health agencies shall conduct routine training on food facility inspection standardization to promote the uniform application of inspection procedures. (e) This section shall not restrict the ability of a local health agency to inspect and report on matters other than matters subject to regulation under this chapter. 113947. (a) On or before January 1, 2002, the department, in consultation with local environmental health officers, representatives of the retail food industry, and other interested parties, shall establish standardized procedures for local health agencies to report the following food facility inspection information regarding each food facility: (1) Name and address. (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 officers, 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 local health agency determines that reported information is materially in error, that error shall be corrected within 48 hours after that determination. (2) The department may also establish standardized procedures for reporting the information on magnetic media, including, but not limited to, floppy disks or magnetic tape. (d) Within 60 days after the department has established the standardized procedures pursuant to this section, the department shall publish these procedures. (e) (1) Commencing July 1, 2002, each local health 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 a local health agency to report on matters other than matters subject to regulation under this chapter. (f) The department may establish a link to each Internet web site utilized by any local health agency containing the food facility inspection information pursuant to subdivision (e).
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