2005 California Health and Safety Code Sections 114250-114282 Article 11. Mobile Food Facilities

114250.  This article governs sanitation requirements for mobile
food facilities as defined in Section 113900.
114255.  In addition to complying with the applicable provisions of
this article as set forth in Section 114260, all mobile food
facilities shall meet the applicable requirements of Article 6
(commencing with Section 113975) and Article 7 (commencing with
Section 113990).
114260.  (a) Mobile food facilities that are limited to the handling
of prepackaged nonpotentially hazardous food and produce shall
comply with subdivisions (a) to (i), inclusive, of Section 114265.
   (b) Mobile food facilities that handle prepackaged potentially
hazardous food, whole fish and whole aquatic invertebrates, or the
bulk dispensing of nonpotentially hazardous beverages shall comply
with subdivisions (a) to (m), inclusive, of Section 114265.  For
purposes of this section, tamales shall be considered prepackaged if
dispensed to the customer in its original, inedible wrapper.
   (c) Mobile food facilities that handle any of the following foods
shall comply with subdivisions (a) to (t), inclusive, of Section
114265:
   (1) Nonprepackaged nonpotentially hazardous food requiring no
preparation other than heating, baking, popping, blending, assembly,
portioning, or dispensing.
   (2) Preparation of nonpotentially hazardous ingredients into a
nonpotentially hazardous food.
   (3) Churros, hot dogs, cappuccino and other coffee-based or
cocoa-based beverages that may contain cream, milk, or similar dairy
products, and frozen ice cream bars that meet the requirements of
subdivision (b) of Section 114270.
   (d) Only those foods described in this section may be prepared or
dispensed on a mobile food facility.
   (e) (1) Except as provided in paragraph (2), cooking processes,
including, but not limited to, barbecuing, broiling, frying, and
grilling are not permitted on a mobile food facility.
   (2) The preparation of churros is exempt from the prohibition in
paragraph (1).
114265.  (a) 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 so as to
be legible and clearly visible to patrons of the mobile food
facility.  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 mobile food facility.  Letters and numbers
for the city, state, ZIP Code, and the name of the permittee shall
not be less than 2.5 centimeters (one inch) in height.
   (b) Mobile food facility equipment, including, but not limited to,
the interior of cabinet units and compartments, shall be designed so
as to, and made of materials that, result in smooth, readily
accessible, and easily cleanable surfaces.  Unfinished wooden
surfaces are prohibited.  Construction joints shall be tightly fitted
and sealed so as to be easily cleanable.  Equipment and utensils
shall be constructed of durable, nontoxic materials and shall be
easily cleanable.
   (c) During operation, no food intended for retail shall be
conveyed, held, stored, displayed, or served from any place other
than a mobile food facility except for the restocking of product in a
manner approved by the enforcement agency.
   (d) Notwithstanding subdivision (k), food products remaining after
each day's operation shall be stored only in an approved commissary
or other approved facility.
   (e) During transportation, storage, and operation of a mobile food
facility, food, food-contact surfaces, and utensils shall be
protected from contamination.  Single-service utensils shall be
individually wrapped or in sanitary containers or approved sanitary
dispensers, stored in a clean, dry place until used, handled in a
sanitary manner, and used only once.  Food-contact surfaces and
utensils shall be cleaned and sanitized in accordance with
subdivisions (i), (j), and (k) of Section 114090.
   (f) All food displayed, sold, or offered for sale from a mobile
food facility shall be obtained from an approved source.
   (g) Food condiments shall be protected from contamination and,
where available for customer self-service, be prepackaged or
available only from approved dispensing devices.
   (h) Mobile food facilities shall be operated within 60 meters (200
feet) of approved and readily available toilet and hand washing
facilities or as otherwise approved by the enforcement agency to
ensure restroom facilities are available to facility employees.
   (i) All mobile food facilities shall operate out of a commissary,
mobile support unit, or other facility approved by the enforcement
agency.  Mobile food facilities shall be stored at or within a
commissary or other location approved by the enforcement agency so as
to be protected from unsanitary conditions.
   (j) Potentially hazardous food shall be maintained at or below 5
degrees Celsius (41 degrees Fahrenheit) or at or above 57.2 degrees
Celsius (135 degrees Fahrenheit) at all times in accordance with
Section 113995.
   (k) Potentially hazardous food held at or above 57.2 degrees
Celsius (135 degrees Fahrenheit) on a mobile food facility shall be
destroyed at the end of the operating day.
   (l) (1) Potable and wastewater tanks may be constructed so as to
be removed from within the approved mobile food facility compartments
for refilling and dispensing purposes only.  All retail food
operations shall cease during removal and replacement of tanks.
   (2) All wastewater from a mobile food facility shall be drained to
an approved wastewater receptor at the commissary or other approved
facility.
   (3) Refilling of a potable water tank shall be conducted through
an approved and sanitary method.
   (4) Storage of any prefilled potable water tank, or empty and
clean water tanks, or both, shall be maintained within the cart, or
in an approved manner that will protect against contamination.
   (m) All new and replacement gas-fired appliances shall meet
applicable ANSI standards.  All new and replacement electrical
appliances shall meet applicable Underwriters Laboratory standards.
However, for units subject to Part 2 (commencing with Section 18000)
of Division 13, these appliances shall comply with standards
prescribed by Sections 18028, 18029.3, and 18029.5.
   (n) Bulk beverage dispensers shall only be filled at the
commissary or other facility approved by the enforcement agency
unless a hand washing sink as described in paragraph (1) of
subdivision (p) is provided.
   (o) Where nonprepackaged food is handled for display or sale, the
mobile food facility shall be equipped with a food compartment that
completely encloses all food, food-contact surfaces, and the handling
of ready-to-eat food.  The opening to the food compartment shall be
sized as appropriate to the food handling activity without
compromising the intended protection from contamination, and shall be
provided with tight-fitting doors that, when closed, protect
interior surfaces from dust, debris, insects, and other vermin.
   (p) Mobile food facilities, not under a valid public health permit
as of January 1, 1997, on which nonprepackaged food is sold, or
offered for sale, shall be constructed and equipped in compliance
with all of the following:
   (1) A minimum of a one-compartment metal sink, hand washing
cleanser and single-service towels in approved dispensers shall be
provided.  The sink shall be furnished with hot running water that is
at least 49 degrees Celsius (120 degrees Fahrenheit) and cold
running water that is less than 38 degrees Celsius (101 degrees
Fahrenheit) through a mixing-type faucet that permits both hands to
be free for washing.  The sink shall be large enough to accommodate
the cleaning of the largest utensils washed.  The sink, hand washing
cleanser, and single-service towels shall be located as to be easily
accessible and unobstructed for use by the operator in the working
area.  The minimum water heater capacity shall be one-half gallon.
   (2) The potable water tank and delivery system shall be
constructed of approved materials, provide protection from
contamination, and shall be of a capacity commensurate with the level
of food handling activity on the mobile food facility.  The capacity
of the system shall be sufficient to furnish enough hot and cold
water for the following:  steamtable, utensil washing and sanitizing,
hand washing, and equipment cleaning.  At least 18 liters (5
gallons) of water shall be provided exclusively for hand washing.
Any water needed for other purposes shall be in addition to the 18
liters (5 gallons) for hand washing.
   (3) (A) The wastewater tank or tanks shall have a minimum capacity
that is 50 percent greater than the potable water tank or tanks
supplying the hand and utensil washing sink.  In no case shall this
wastewater capacity be less than 28 liters (7.5 gallons).
   (B) Mobile food facilities utilizing ice in the storage, display,
or service of food or beverages shall provide an additional minimum
wastewater holding tank capacity equal to one-third of the volume of
the ice cabinet to accommodate the drainage of ice melt.
   (C) Mobile food facilities equipped with a tank supplying product
water for the preparation of a food or beverage shall provide an
additional wastewater tank capacity equal to at least 15 percent of
this water supply.
   (D) Additional wastewater tank capacity may be required where
wastewater production or spillage is likely to occur.
   (E) Any connection to a wastewater tank shall preclude the
possibility of contaminating any food, food-contact surface, or
utensil.
   (4) A mobile food facility's potable water tank inlet 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.
   (5) (A) Mobile food facilities operating in accordance with
subdivision (e) of Section 114260, shall meet the applicable
requirements of Section 114090.
   (B) The dimensions of each compartment of the utensil washing sink
shall be at least 12 inches wide, 12 inches long, 10 inches deep, or
large enough to accommodate the cleaning of the largest utensil.
The drainboards shall be installed with at least one-eighth inch per
foot slope toward the sink compartment, and fabricated with a minimum
one-half inch lip or rim to prevent the draining liquid from
spilling onto the floor.
   (C) Hand washing facilities and utensil washing sinks shall be an
integral part of the primary unit or on an approved auxiliary
conveyance that is used in conjunction with and maintained
immediately adjacent to the primary unit of the mobile food facility.
  When used in conjunction with a mobile food facility, an auxiliary
conveyance shall contain all of the utility connections.
   (D) Mobile food facilities operating at community events may
satisfy the requirements of subparagraph (C) by operating in
compliance with subdivision (f) of Section 114330, provided the
utensil washing sink meets the requirements of subparagraph (B).
   (E) Ground or floor surfaces where cooking processes occur, in
accordance with Section 114260, shall be impervious, smooth, easily
cleanable, and shall provide employee safety from slipping.  Ground
or floor surfaces in compliance with this section shall extend from
beneath the mobile food facility a minimum of two feet on the open
side or sides of where cooking processes are conducted.
   (F) Mobile food facilities operating pursuant to subdivision (e)
of Section 114260 shall be equipped with safety equipment as
described in Section 114297 and mechanical exhaust ventilation as
described in Section 114296.
   (q) Mobile food facilities selling unpackaged frozen ice cream
bars or holding cream, milk, or similar dairy products pursuant to
Section 114270 shall be equipped with refrigeration units as
described in Section 113860.
   (r) Operators of mobile food facilities handling nonprepackaged
food shall develop and follow written operational procedures for food
handling and the cleaning and sanitizing of food-contact surfaces
and utensils.  The enforcement agency shall review and approve the
procedures prior to implementation and an approved copy shall be kept
on the mobile food facility during periods of operation.
   (s) All potentially hazardous food shall be prepackaged in an
approved food facility except as provided in Sections 114260 and
114270.
   (t) Except to the extent that an alternative construction standard
is explicitly prescribed by this section, construction standards for
mobile food preparation units and stationary mobile food preparation
units which are subject to Part 2 (commencing with Section 18000) of
Division 13 shall be governed by the provisions of that part.
   (u) Notwithstanding paragraph (2) of subdivision (a) of Section
114297, portable fire protection equipment shall be provided whenever
mobile food facilities are in use.  A minimum of two approved rated
40 K class portable fire extinguishers shall be onsite whenever
cooking processes are conducted within a mobile food facility.  One
approved fire extinguisher shall be mounted to the mobile food
facility and one approved fire extinguisher shall be located no more
than 30 feet from the mobile food facility unit.
   (v) Mobile food facilities shall comply with all local fire codes,
standards, and ordinances.
114270.  (a) Nonprepackaged food may be sold from mobile food
facilities in accordance with Sections 114260 and 114265, provided
that the storage, display, and dispensing methods are approved by the
enforcement agency.
   (b) (1) Cappuccino, espresso, cafe latte, cafe macchiato, mocha,
hot chocolate, and other coffee-based or cocoa-based beverages that
may contain cream, milk, or similar dairy products shall be made to
order and immediately served to the consumer.
   (2) Frozen ice cream bars may be sold from mobile food facilities
in an unpackaged state if the frozen ice cream bars are prepackaged
at a facility approved by the enforcement agency and unpackaged for
the purpose of adding food condiments.
114275.  (a) Mobile food facilities formerly approved as vehicles
immediately preceding January 1, 2002, on which approved unpackaged
food is sold or offered for sale that operate exclusively on premises
wherein approved toilet, hand washing, and utensil washing
facilities are readily available and within 60 meters (200 feet)
shall be exempt from the requirements of subdivision (p) of Section
114265.
   (b) Mobile food facilities as set forth in subdivision (a) that
were in operation as of July 1, 1986, need not meet the requirements
of this article relating to utensil washing facilities, if an
approved supply of gloves or utensils, or both, is maintained on the
mobile food facility that would preclude any hand contact with the
food products being dispensed.
   (c) Mobile food facilities approved prior to January 1, 2002, that
are limited to the portioning and dispensing of nonprepackaged,
nonpotentially hazardous food, are exempt from the hand and utensil
washing sink requirements of this article, if there is an approved
supply of gloves, utensils, or both, on the facility that precludes
any hand contact with the food products being dispensed.  This
exemption shall not apply to the scooping of ice.
114282.  Mobile food facilities that are occupied during normal
business operations shall have a clear, unobstructed height over the
aisle-way portion of the unit of at least 188 centimeters (74 inches)
from floor to ceiling, and a minimum of 76 centimeters (30 inches)
of unobstructed horizontal aisle space.  This section shall not apply
to vehicles under permit prior to January 1, 1996.