2009 California Health and Safety Code - Section 114390-114399 :: Article 2. Enforcement

114390.  (a) Enforcement officers shall enforce this part and all
regulations adopted pursuant to this part.
   (b) (1) For purposes of enforcement, 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 a food facility or any
facility suspected of being a food facility, or a vehicle
transporting food to or from a retail food 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, 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.
Inspection may, for the purpose of determining compliance with this
part, include any record, file, paper, process, HACCP plan, invoice,
or receipt bearing on whether food, equipment, or utensils are in
violation of this part.
   (c) Notwithstanding subdivision (a), an employee may refuse entry
to an enforcement officer who is unable to present official
identification showing the enforcement officer's picture and
enforcement agency name. In the absence of the identification card, a
business card showing the enforcement agency's name plus a picture
identification card such as a driver's license shall meet this
requirement.
   (d) It is a violation of this part for any person to refuse to
permit entry or inspection, the taking of samples or other evidence,
access to copy any record as authorized by this part, to conceal any
samples or evidence, withhold evidence concerning them, or interfere
with the performance of the duties of an enforcement officer,
including making verbal or physical threats or sexual or
discriminatory harassment.
   (e) 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.

114393.  (a) Based upon inspection findings or other evidence, an
enforcement officer may impound food, equipment, or utensils that are
found to be, or suspected of being, 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.

114395.  Except as otherwise provided in this part, any person who
violates any provision of this part or regulation adopted pursuant to
this part 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.

114397.  The owner, manager, or operator of any food facility is
responsible for any violation by an employee of any provision of this
part or any regulation adopted pursuant to this part. Each day the
violation occurs shall be a separate and distinct offense.

114399.  A violation of any provision of this part or regulation
adopted pursuant to this part 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.