2009 California Health and Safety Code - Section 114294-114327 :: Chapter 10. Mobile Food Facilities

114294.  (a) All mobile food facilities and mobile support units
shall meet the applicable requirements in Chapters 1 to 8, inclusive,
and Chapter 13, unless specifically exempted from any of these
provisions as provided in this chapter.
   (b) The enforcement agency shall initially approve all mobile food
facilities and mobile support units as complying with the provisions
of this chapter and may require reapproval if deemed necessary.
   (c) Each mobile food facility that is either a special purpose
commercial modular and coach as defined by Section 18012.5 or a
commercial modular coach as defined by Section 18001.8 shall be
certified by the Department of Housing and Community Development,
consistent with Chapter 4 (commencing with Section 18025) of Part 2
of Division 13, and regulations promulgated pursuant to that chapter.
In addition, the enforcement agency shall approve all equipment
installation prior to operation.

114295.  (a) Except as specified in subdivision (b), all mobile food
facilities shall operate in conjunction with a commissary, mobile
support unit, or other facility approved by the enforcement agency.
   (b) This section does not apply to mobile food facilities that
operate at community events as defined in Section 113755 and that
remain in a fixed position during food preparation and its hours of
operation.
   (c) Mobile food facilities shall be stored at or within a
commissary or other location approved by the enforcement agency in
order to have protection from unsanitary conditions.
   (d) Mobile support units shall be operated from and stored at a
designated commissary and shall be subject to permitting and plan
review.
   (e) Notwithstanding any other provisions of this section, a mobile
food facility that is engaged in food preparation, other than
limited food preparation, as defined in Section 113818, shall not
operate in conjunction with a mobile support unit.

114297.  (a) Mobile food facilities shall be cleaned and serviced at
least once daily during an operating day.
   (b) Except as specified in subdivision (c), all mobile food
facilities shall report to the commissary or other approved facility
on a daily basis.
   (c) Mobile food facilities that are serviced by a mobile support
unit and that do not report to a commissary on a daily basis shall be
stored in a manner that protects the mobile food facility from
contamination. All food shall be stored at the commissary or other
approved facility at the end of the operating day.
   (d) Mobile support units shall report to a commissary or other
approved facility for cleaning, servicing, and storage at least
daily.

114299.  (a) Except as specified in subdivision (c), the business
name or name of the operator, city, state, ZIP Code, and name of the
permittee, if different from the name of the food facility, shall be
legible, clearly visible to consumers, and permanently affixed on the
consumer side of the mobile food facility and on a mobile support
unit.
   (b) The name shall be in letters at least 3 inches high and shall
be of a color contrasting with the vehicle exterior. Letters and
numbers for the city, state, and ZIP Code shall not be less than one
inch high.
   (c) Notwithstanding subdivision (a), motorized mobile food
facilities and mobile support units shall have the required
identification on two sides.

114301.  (a) Except to the extent that an alternative construction
standard is explicitly prescribed by this section, construction
standards for mobile food facilities that are subject to Part 2
(commencing with Section 18000) of Division 13 shall be governed by
that part.
   (b) Mobile food facility equipment, including, but not limited to,
cooking equipment, the interior of cabinet units, and compartments,
shall be designed and made of materials that result in smooth,
readily accessible, and easily cleanable surfaces.
   (1) Unfinished wooden surfaces are prohibited.
   (2) Construction joints and seams shall be tightly fitted and
sealed so as to be easily cleanable. Silicone sealant or equivalent
waterproof compounds shall be acceptable, provided that the gap is
smaller than one-quarter inch and applied smooth so as to prevent the
entrance of liquid waste or vermin.
   (3) Except as specified in Section 114314, nonportable equipment
shall be an integral part of the primary unit.
   (c) Mobile food facilities that handle potentially hazardous
foods, except for prepackaged frozen ready-to-eat foods, whole fish,
and whole aquatic invertebrates, shall be equipped with refrigeration
units as defined in Section 113885.
   (d) 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.
   (e) Space around pipes, conduits, or hoses that extend through
cabinets, floors, or outer walls shall be sealed. The closure shall
be smooth and easily cleanable.
   (f) Equipment in which spillage is likely to occur shall have a
drip tray fitted so that spillage drains into a waste tank.
   (g) All equipment shall be installed so as to be easily cleanable,
prevent vermin harborage, and provide adequate access for service
and maintenance.
   (1) Equipment shall be spaced apart or sealed together for easy
cleaning. There shall be a minimum of four inches of unobstructed
space provided for sanitary maintenance beneath counter mounted
equipment or between the sides of adjacent equipment.
   (2) Portable equipment or machinery need not comply with the
minimum leg height requirement.
   (3) Threads, nuts, or rivets shall not be exposed where they
interfere with cleaning. Threads, nuts, or rivets that interfere with
cleaning shall be sealed or capped.
   (4) All floor mounted equipment shall be sealed to the floor to
prevent moisture from getting under the equipment, or it shall be
raised at least six inches off the floor by means of an easily
cleanable leg and foot.
   (h) Floors, walls, and ceilings of all enclosed food preparation
areas shall be constructed so that the surfaces are impervious,
smooth, and easily cleanable. Floor surfaces shall provide employee
safety from slipping. The juncture of the floor and wall shall be
coved with a 3/8 inch minimum radius coving, with the floor surface
extending up the wall at least four inches.
   (i) Notwithstanding Section 114143, ground or floor surfaces where
cooking processes are conducted from a grill, barbecue, or other
unenclosed cooking unit on a mobile food facility shall be
impervious, smooth, easily cleanable, and shall provide employee
safety from slipping. Ground or floor surfaces in compliance with
this section shall extend a minimum of five feet on all open sides of
where cooking processes are conducted.

114303.  (a) Employee entrance doors to food preparation areas shall
be self-closing and kept closed when not in use.
   (b) The mobile food facility, and all equipment and utensils shall
be protected from potential contamination, and kept clean, in good
repair, and free of vermin.
   (c) During transportation, storage, and operation of a mobile food
facility, food, food-contact surfaces, and utensils shall be
protected from contamination.
   (d) The permitholder of an unenclosed mobile food facility
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.

114305.  (a) 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.
   (b) Food preparation counter space shall be provided commensurate
with the food operation, adjacent to all cooking equipment.
   (c) Except as specified in subdivision (d), food products
remaining after each day's operation shall be stored in an approved
commissary or other approved facility.
   (d) Potentially hazardous foods held at or above 135*F on a mobile
food facility or mobile support unit shall be destroyed at the end
of the operating day.

114306.  (a) A single operating site mobile food facility is
restricted to produce, prepackaged food, and limited food
preparation.
   (b) Notwithstanding Section 113984, a mobile food facility
operating within a fully enclosed structure shall not be required to
provide a secondary food compartment over food preparation areas.
   (c) A single operating site mobile food facility that is required
to provide warewashing and handwashing facilities shall provide a
warewashing sink and handwashing sink per site or operation. A
warewashing and handwashing sink contained in a facility to which
this subdivision applies shall be conveniently located so as to be
accessible during all hours of operation. Additional handwashing
sinks may be required pursuant to paragraph (1) of subdivision (b) of
Section 113953.
   (d) Notwithstanding Section 114095, a warewashing sink may be
shared by not more than four mobile food facilities operating as a
single operating site mobile food facility that is required to
provide a warewashing sink, if the sink is conveniently located so as
to be accessible during all hours of operation.
   (e) For purposes of permitting and enforcement, the permitholder
of each single operating site mobile food facility location shall be
the same.

114307.  Mobile food facilities that operate at community events and
that remain fixed during food preparation and its hours of operation
may:
   (a) Include a staffed counter that serves hot and cold beverages
and ice that are not potentially hazardous food and that are
dispensed from approved bulk dispensing units.
   (b) Store supplies and food that are not potentially hazardous in
unopened containers adjacent to the mobile food facility or in a
nearby temporary storage unit. "Unopened container" means a factory
sealed container that has not been previously opened and that is
suitably constructed to be resistant to contamination from moisture,
dust, insects, and rodents.
   (c) Operate an open-air barbecue adjacent to the mobile food
facility if approved by the enforcement agency.

114309.  (a) Mobile food facilities and mobile support units shall
be exempt from the requirements of Sections 114250, 114256.1, and
114279.
   (b) Nothing in this chapter shall be deemed to require any person
to replace or modify an existing mobile food facility approved for
operation prior to adoption of this part, so long as the facility is
operated in accordance with the conditions of approval. Plans and
specifications may be required by the enforcement agency if it
determines that they are necessary to assure compliance with this
part.
   (c) Mobile food facilities equipped with a one-compartment sink or
two-compartment sink that was approved for operation prior to
adoption of this part need not provide a three-compartment sink.

114311.  Mobile food facilities not under a valid permit as of
January 1, 1997, from which nonprepackaged food is sold shall provide
handwashing facilities. The handwashing facilities shall be separate
from the warewashing sink.
   (a) The handwashing sink shall have a minimum dimension of nine
inches by nine inches in length and width and five inches in depth
and be easily accessible by food employees.
   (b) The handwashing facility shall be separated from the
warewashing sink by a metal splashguard with a height of at least six
inches that extends from the back edge of the drainboard to the
front edge of the drainboard, the corners of the barrier to be
rounded. No splashguard is required if the distance between the
handwashing sink and the warewashing sink drainboards is 24 inches or
more.
   (c) This section shall not apply to mobile food facilities
handling only whole produce or the bulk dispensing of nonpotentially
hazardous beverages.

114313.  (a) Except as specified in subdivisions (b) and (c), a
mobile food facility where nonprepackaged food is cooked, blended, or
otherwise prepared shall provide a warewashing sink with at least
three compartments with two integral metal drainboards.
   (1) The dimensions of each compartment shall be large enough to
accommodate the cleaning of the largest utensil and either of the
following:
   (A) At least 12 inches wide, 12 inches long, and 10 inches deep.
   (B) At least 10 inches wide, 14 inches long, and 10 inches deep.
   (2) Each drainboard shall be at least the size of one of the sink
compartments. The drainboards shall be installed with at least
one-eighth inch per foot slope toward the sink compartment, and
fabricated with a minimum of one-half inch lip or rim to prevent the
draining liquid from spilling onto the floor.
   (3) The sink shall be equipped with a mixing faucet and shall be
provided with a swivel spigot capable of servicing all sink
compartments.
   (b) If all utensils and equipment of a mobile food facility are
washed and sanitized on a daily basis at the approved commissary or
other approved food facility, and the mobile food facility provides
and maintains an adequate supply of spare preparation and serving
utensils in the mobile food facility as needed to replace those that
become soiled or contaminated, then the mobile food facility shall
not be required to provide a warewashing sink to only handle any of
the following:
   (1) Nonpotentially hazardous foods that do not require preparation
other than heating, baking, popping, portioning, bulk dispensing,
assembly, or shaving of ice.
   (2) Steamed or boiled hot dogs.
   (3) Tamales in the original, inedible wrapper.
   (c) An unenclosed mobile food facility that prepares potentially
hazardous beverages for immediate service in response to an
individual consumer order shall do one of the following:
   (1) Provide a three-compartment sink described in subdivision (a).
   (2) Provide at least one two-compartment sink that complies with
subdivision (e) of Section 114099.3.
   (3) Provide a one-compartment sink with at least one integral
metal drainboard, an adequate supply of spare preparation and serving
utensils to replace those that become soiled or contaminated, and
warewashing facilities that comply with subdivision (a) in reasonable
proximity to, and readily accessible for use by, food employees at
all times.

114314.  (a) Handwashing sinks and warewashing sinks for unenclosed
mobile food facilities shall be an integral part of the primary unit
or on an approved auxiliary conveyance that is used in conjunction
with the mobile food facility.
   (b) Warewashing sinks for unenclosed mobile food facilities shall
be equipped with overhead protection made of wood, canvas, or other
materials that protect the sinks from bird and insect droppings,
dust, precipitation, and other contaminants.

114315.  (a) A food facility shall be operated within 200 feet
travel distance of an approved and readily available toilet and
handwashing facility, or as otherwise approved by the enforcement
agency, to ensure that restroom facilities are available to facility
employees whenever the mobile food facility is stopped to conduct
business for more than a one-hour period.
   (b) This section does not limit the authority of a local governing
body to adopt, by ordinance or resolution, additional requirements
for the public safety, including reasonable time, place, and manner
restrictions pursuant to its authority under subdivision (b) of
Section 22455 of the Vehicle Code.

114317.  The exterior of a mobile food facility and the surrounding
area, as relating to the operation of food service, shall be
maintained in a sanitary condition.

114319.  (a) Spare tires, related automotive equipment, or special
tools relating to the mechanical operation of the mobile food
facility shall not be stored in the food preparation or food storage
areas.
   (b) A separate cabinet or drawer shall be installed for the
storage of insecticides or other poisonous substances in accordance
with Section 114254, if these substances are used. All poisonous
chemicals shall be kept in this cabinet or drawer in their original
containers and in a manner that offers no contamination hazard to
food or utensils.
   (c) During periods of inoperation, food and utensils shall be
stored in one of the following methods:
   (1) Within approved food storage facilities at the commissary or
other approved facility.
   (2) In food compartments approved by the enforcement agency where
the food is protected at all times from contamination, exposure to
the elements, ingress of rodents and other vermin, and temperature
abuse.

114321.  Mobile food facilities that are occupied during normal
business operations shall have a clear, unobstructed height over the
aisleway portion of the unit of at least 74 inches from floor to
ceiling, and a minimum of 30 inches of unobstructed horizontal aisle
space. This section shall not apply to vehicles under permit prior to
January 1, 1996.

114322.  Compressor units that are not an integral part of food
equipment, auxiliary engines, generators, and similar equipment shall
be installed in an area that is completely separated from food
preparation and food storage and that is accessible from outside the
unit for proper cleaning and maintenance.

114323.  (a) A first-aid kit shall be provided and located in a
convenient area in an enclosed case.
   (b) Mobile food facilities that operate at more than one location
in a calendar day shall be equipped to meet all of the following
requirements:
   (1) All utensils in a mobile food facility shall be stored so as
to prevent their being thrown about in the event of a sudden stop,
collision, or overturn. A safety knife holder shall be provided to
avoid loose storage of knives in cabinets, boxes, or slots along
counter aisles. Knife holders shall be designed to be easily
cleanable and be manufactured of materials approved by the
enforcement agency.
   (2) Coffee urns, deep fat fryers, steam tables, and similar
equipment shall be equipped with positive closing lids that are
fitted with a secure latch mechanism that will prevent excessive
spillage of hot liquids into the interior of a mobile food facility
in the event of a sudden stop, collision, or overturn. As an
alternative to this requirement, a coffee urn may be installed in a
compartment that will prevent excessive spillage of coffee in the
interior of the unit.
   (3) Metal protective devices shall be installed on the glass
liquid level sight gauges on all coffee urns.
   (c) Light bulbs and tubes shall be covered with a completely
enclosed plastic safety shield or its equivalent, and installed so as
to not constitute a hazard to personnel or food.
   (d) All liquefied petroleum equipment shall be installed to meet
applicable fire authority standards, and this installation shall be
approved by the fire authority. However, for units subject to Part 2
(commencing with Section 18000) of Division 13, this equipment and
its installation shall comply with standards prescribed by Sections
18028 and 18029.5.
   (e) A properly charged and maintained minimum 10 BC-rated fire
extinguisher to combat grease fires shall be properly mounted and
readily accessible on the interior of any mobile food facility that
is equipped with heating elements or cooking equipment.
   (f) (1) Except for units subject to Part 2 (commencing with
Section 18000) of Division 13, a second means of exit shall be
provided in the side opposite the main exit door, or in the roof, or
the rear of the unit, with an unobstructed passage of at least 24
inches by 36 inches. The interior latching mechanism shall be
operable by hand without special tools or key. The exit shall be
labeled "Safety Exit" in contrasting colors with letters at least one
inch high.
   (2) For units subject to Part 2 (commencing with Section 18000) of
Division 13, the size, latching, and labeling of the second means of
exit shall comply with standards prescribed by Sections 18028 and
18029.5.
   (g) All gas-fired appliances shall be properly insulated in a
manner that will prevent excessive heat buildup and injury.

114325.  (a) Except on a mobile food facility that only utilizes the
water for handwashing purposes, a water heater or an instantaneous
heater capable of heating water to a minimum of 120*F, interconnected
with a potable water supply, shall be provided and shall operate
independently of the vehicle engine. On a mobile food facility that
only utilizes the water for handwashing purposes, a water heater or
an instantaneous water heater capable of heating water to a minimum
of 100*F, interconnected with a potable water supply, shall be
provided and shall operate independently of the vehicle engine.
   (b) (1) Except as specified in paragraph (2), a water heater with
a minimum capacity of three gallons shall be provided for mobile food
facilities.
   (2) A minimum water heater capacity of one-half gallon shall be
provided for mobile food facilities approved for limited food
preparation.

114326.  All commissaries and other approved facilities servicing
mobile support units, mobile food facilities, and vending machines
shall meet the applicable requirements in this part and any of the
following to accommodate all operations necessary to support mobile
support units, mobile food facilities, and vending machines:
   (a) Adequate facilities shall be provided for the sanitary
disposal of liquid waste from the mobile food facility or mobile
support unit being serviced.
   (b) Adequate facilities shall be provided for the handling and
disposal of garbage and refuse originating from a mobile food
facility or mobile support unit.
   (c) Potable water shall be available for filling the water tanks
of each mobile food facility and mobile support unit that requires
potable water. Faucets and other potable water sources shall be
constructed, located, and maintained so as to minimize the
possibility of contaminating the water being loaded.
   (d) Hot and cold water, under pressure, shall be available for
cleaning mobile food facilities and mobile support units.
   (e) Adequate facilities shall be provided for the storage of food,
utensils, and other supplies.
   (f) Notwithstanding Section 113984, commissaries that service
mobile food facilities that conduct limited food preparation shall
provide a food preparation area.
   (g) Servicing areas at commissaries shall be provided with
overhead protection, except that areas used only for the loading of
water or the discharge of sewage and other liquid waste through the
use of a closed system of hoses need not be provided with overhead
protection.
   (h) Servicing areas used for cleaning shall be sloped and drained
to an approved wastewater system.
   (i) Adequate electrical outlets shall be provided for mobile food
facilities and mobile support units that require electrical service.

114327.  (a) Mobile support units shall be subject to plan review
and be approved by the enforcement agency. Requirements shall be
based on proposed method of operation and number of mobile food
facilities serviced.
   (b) Mobile support units shall meet all applicable requirements of
this part and the following:
   (1) Interior floor, sides, and top shall be free of cracks, seams,
or linings where vermin may harbor, and shall be constructed of a
smooth, washable, impervious material capable of withstanding
frequent cleaning with approved sanitizing agents.
   (2) Be constructed and operated so that no liquid wastes can drain
onto any street, sidewalk, or premises.
   (3) If used to transport potentially hazardous food, approved
equipment to maintain food at the required temperatures shall be
provided.
   (4) Food, utensils, and supplies shall be protected from
contamination.
   (5) A separate storage area shall be provided for all poisonous
substances, detergents, bleaches, cleaning compounds, and all other
injurious or poisonous materials.
   (c) Mobile support units shall not be approved for warewashing.