2009 California Health and Safety Code - Section 114335-114363 :: Chapter 11. Temporary Food Facilities

114335.  (a) Temporary food facilities that operate at a swap meet
are limited to only prepackaged nonpotentially hazardous food and
whole uncut produce, and shall meet the applicable requirements in
Chapters 1 to 8, inclusive, and Chapter 13, unless specifically
exempted from any of these provisions.
   (b) Temporary food facilities that operate at a community event
shall meet the applicable requirements in Chapters 1 to 8, inclusive,
and Chapter 13, unless specifically exempted from any of these
provisions.
   (c) Food facility requirements shall be determined by the
enforcement agency based on the food service activity to be
conducted, the type of food that is to be prepared or served, the
length of the event, and the extent of food preparation that is to be
conducted at a community event within a temporary food facility.
   (d) Notwithstanding subdivision (a), the enforcement agency may
allow temporary food facilities at a swap meet, depending on the food
service activity to be conducted, the type of food that is to be
prepared or served, the duration of the swap meet, and the extent of
food preparation that is to be conducted at the swap meet.

114337.  The name of the facility, city, state, ZIP Code, and name
of the operator shall be legible and clearly visible to patrons. The
facility name shall be in letters at least three inches high, and
shall be of a color contrasting with the surface on which it is
posted. Letters and numbers for the city, state, and ZIP Code, may
not be less than one inch in height.

114339.  (a) No home canned or home processed foods shall be
permitted within a temporary food facility.
   (b) Notwithstanding subdivision (a), nonpotentially hazardous
beverages and baked goods may be offered for sale, sold, or given
away by a nonprofit charitable organization or by an established club
or organization that operates under the authorization of a school or
educational facility for fundraising purposes at community events.

114341.  (a) Notwithstanding Section 113984, all food preparation at
a community event shall be conducted within the temporary food
facility or other approved food facility.
   (b) Barbecues, grills or other equipment approved for outdoor
cooking may be located adjacent to the temporary food facility if
local building and fire codes prohibit cooking inside the temporary
food facility.
   (c) Grills and barbecues or other approved cooking equipment shall
be separated from public access by using ropes or other approved
methods to prevent contamination of the food and injury to the
public.

114343.  (a) Except as otherwise provided in Section 113996, during
operating hours of the temporary food facility, potentially hazardous
food may be held at a temperature not to exceed 45*F for up to 12
hours in any 24-hour period.
   (b) At the end of the operating day, potentially hazardous food
that is held at 45*F shall be destroyed in a manner approved by the
enforcement agency.
   (c) At the end of the operating day, potentially hazardous food
that is held at or above 135*F shall be destroyed in a manner
approved by the enforcement officer.

114345.  Temporary food facilities may 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.

114347.  Temporary food facilities that handle nonprepackaged food
shall provide floors constructed of concrete, asphalt, tight wood, or
other similar cleanable material kept in good repair.

114349.  (a) Temporary food facilities shall be equipped with
overhead protection for all food preparation, food storage, and
warewashing areas. Overhead protection shall be made of wood, canvas,
or other materials that protect the facility from precipitation,
dust, bird and insect droppings, and other contaminants.
   (b) Temporary food facilities that handle nonprepackaged food must
also protect food from contamination in all of the following ways:
   (1) Enclosure of the food facility with 16 mesh per square inch
screens.
   (2) Limiting display and handling of nonprepackaged food in food
compartments.
   (3) Other effective means approved by the enforcement officer.
   (c) Notwithstanding Section 113984, this section does not apply to
temporary food facilities that are approved for limited food
preparation if flying insects, vermin, birds, and other pests are
absent due to the location of the facility or other limiting
conditions.

114351.  Notwithstanding Section 114095, a warewashing sink may be
shared by no more than four temporary food facilities that handle
nonprepackaged food if the sink is centrally located and is adjacent
to the sharing facilities.

114353.  A temporary food facility shall provide only single-use
articles for use by the consumer.

114354.  (a) Food-related and utensil-related equipment used in
conjunction with a temporary food facility shall be approved by the
enforcement agency.
   (b) Cold and hot holding equipment shall be provided to insure
proper temperature control during transportation, storage, and
operation of the temporary food facility.
   (c) Equipment shall be located and installed to prevent food
contamination.

114355.  Ice used for refrigeration purposes shall not be used for
consumption in food or beverages.

114356.  (a) Notwithstanding Section 114047, during periods of
operation, supplies and nonpotentially hazardous food, in unopened
containers may be stored adjacent to the temporary food facility or
in unopened containers in an approved nearby temporary storage unit.
An "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.
   (b) During periods of inoperation, food shall be stored within a
fully enclosed temporary food facility, within a permanent food
facility or other facility approved by the enforcement agency, or in
approved food compartments where the food is protected at all times
from contamination, exposure to the elements, ingress of rodents and
other vermin, and temperature abuse.

114358.  (a) Notwithstanding Section 113953, handwashing facilities
for temporary food facilities that operate for three days or less may
include a container capable of providing a continuous stream of
water from an approved source that leaves both hands free to allow
vigorous rubbing with soap and warm water for 10 to 15 seconds,
inclusive.
   (b) Temporary food facilities that handle only prepackaged food
and comply with Section 113952 shall not be required to provide a
handwashing facility, except as required in Section 114359.
   (c) A catch basin shall be provided to collect wastewater, and the
wastewater shall be properly disposed of according to Section
114197.
   (d) Handwashing facilities shall be equipped with handwashing
cleanser and single-use sanitary towels.
   (e) A separate receptacle shall be available for towel waste.

114359.  (a) At least one toilet facility for each 15 employees
shall be provided within 200 feet of each temporary food facility.
   (b) Each toilet facility shall be provided with approved
handwashing facilities.

114361.  Temporary food facilities that operate for more than one
day shall be cleaned and serviced by methods approved by the
enforcement agency.

114363.  Based upon local environmental conditions, location, and
other similar factors, the enforcement officer may establish
additional structural or operational requirements, or both, as
necessary to ensure that foods are of a safe and sanitary quality.