2010 California Code
Health and Safety Code
Article 4. Receipt Of Food

114035.  (a) Food shall be inspected as soon as practicable upon
receipt and prior to any use, storage, or resale.
   (b) Food shall be accepted only if the inspection conducted upon
receipt determines that the food satisfies all of the following:
   (1) Was prepared by and received from approved sources.
   (2) Is received in a wholesome condition.
   (3) Is received in packages that are in good condition and that
protect the integrity of the contents so that the food is not exposed
to adulteration or potential contaminants.
   (4) Is in containers and on pallets that are not infested with
vermin or otherwise contaminated.
   (c) Potentially hazardous food shall be inspected for signs of
spoilage and randomly checked for adherence to the temperature
requirements as specified in Section 113996.




114037.  (a) Except as specified in subdivision (b), refrigerated,
potentially hazardous food may be at a temperature of 45 F or below
when received, if the potentially hazardous food is cooled within
four hours of receipt to a temperature at or below 41 F.
   (b) If a temperature other than 41 F for a potentially hazardous
food is specified in law governing its distribution, the food may be
received at the specified temperature and cooled as specified in
subdivisions (d) and (e) of Section 114002.
   (c) Live molluscan shellfish shall not be accepted unless received
at an internal temperature of 45 F or below, or, if received on the
date of harvest, at a temperature above 45 F.
   (d) Potentially hazardous food that is received hot shall be at a
temperature of 135ºF or above.
   (e) A food that is labeled frozen and shipped frozen by a food
processing plant shall be received frozen and accepted only if there
are not visible signs of thawing or refreezing.
   (f) Upon receipt, potentially hazardous food shall be free of
evidence of previous temperature abuse.



114039.  (a) Raw shucked shellfish shall be obtained in
nonreturnable packages that bear a legible label that identifies the
name, address, and certification number of the shucker-packer or
repacker of the molluscan shellfish, and a "sell by" date or a "best
if used by" date for packages with a capacity of less than one-half
gallon, or the date shucked for packages with a capacity of one-half
gallon or more.
   (b) A package of raw shucked shellfish that does not bear a label
or that bears a label that does not contain all the information
required by subdivision (a) shall be subject to impound pursuant to
Section 114393.


114039.1.  (a) Shellstock shall be obtained in containers bearing
legible source identification tags or labels that are affixed by the
harvester or each dealer that depurates, ships, or reships the
shellstock. Except as specified by subdivision (c), on the harvester'
s or dealer's tag or label, the following information shall be listed
in the following order:
   (1) The harvester's or dealer's name and address.
   (2) The harvester's certification number as assigned by the
authority and the original shellstock shipper's certification number.
   (3) The date of harvesting.
   (4) The most precise identification of the harvest location or
aquaculture site that is practicable based on the system of harvest
area designations that is in use by the shellfish control authority
and including the abbreviation of the name of the state or country in
which the shellfish are harvested.
   (5) The type and quantity of shellfish.
   (6) The following statement in bold, capitalized type: "THIS TAG
IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR RETAGGED AND
THEREAFTER KEPT ON FILE FOR 90 DAYS."
   (7) The dealer's tag or label shall also indicate the original
shipper's certification number, including the abbreviation of the
name of the state or country in which the shellfish are harvested.
   (b) A container of shellstock that does not bear a tag or label or
that bears a tag or label that does not contain all the information
required under subdivision (a) shall be subject to impound pursuant
to Section 114393.
   (c) If the harvester's tag or label is designed to accommodate
each dealer's identification, individual dealer tags or labels need
not be provided.


114039.2.  When received by a food facility, shellstock shall be
reasonably free of mud, dead shellfish, and shellfish with broken
shells. Dead shellfish or shellstock with badly broken shells shall
be discarded.


114039.3.  (a) Except as specified in subdivisions (b) and (c),
molluscan shellfish shall not be removed from the container in which
they are received other than immediately before sale or preparation
for service.
   (b) Shellstock may be removed from the container in which they are
received and displayed on drained ice or held in a display
container. A quantity specified by a consumer may be removed from the
display or display container and provided to the consumer if the
source of the shellstock on display is identified as specified under
Section 114039.1 and recorded as specified under Section 114039.4 and
the shellstock are protected from contamination.
   (c) Shucked shellfish may be removed from the container in which
they were received and held in a display container from which
individual servings are dispensed upon a consumer's request if the
labeling information for the shellfish on display as specified under
Section 114039 is retained and correlated to the date when, or dates
during which, the shellfish are sold or served and the shellfish are
protected from contamination.



114039.4.  (a) Except as specified by subdivision (b), shellstock
tags shall remain attached to the container in which the shellstock
are received until the container is empty.
   (b) The identity of the source of shellstock that are sold or
served shall be maintained for 90 calendar days from the dates of
harvest by using an approved recordkeeping system that keeps the tags
or labels in chronological order correlated to the date or dates the
shellstock are sold or served.
   (c) Notwithstanding subdivision (b), if shellstock are removed
from their tagged or labeled container, the identity of the source of
shellstock that are sold or served shall be maintained by doing the
following:
   (1) Using a recordkeeping system as required under subdivision
(b).
   (2) Ensuring that shellstock from one tagged or labeled container
are not commingled with shellstock from another container with
different certification numbers, harvest dates, or growing areas as
identified on the tag or label before being ordered by the consumer.
   (3) If shellstock are portioned and prepackaged, including a copy
of the corresponding shellstock tag or properly labeling the package
with the required shellfish information.



114039.5.  (a) Except as specified in subdivision (b), molluscan
shellfish life-support system display tanks shall not be used to
display shellfish that are offered for human consumption and shall be
conspicuously marked so that it is obvious to the consumer that the
shellfish are for display only.
   (b) Molluscan shellfish life support system display tanks that are
used to store and display shellfish that are offered for human
consumption shall be operated and maintained in accordance with an
HACCP plan as specified in Section 114419.1. Operation and
maintenance shall ensure the following:
   (1) Water used with fish other than molluscan shellfish does not
flow into the molluscan tank.
   (2) The safety and quality of the shellfish as they were received
are not compromised by the use of the tank.
   (3) The identity of the source of the shellstock is retained as
specified in Section 114039.4.
   (c) Molluscan shellfish life support system display tanks that
were in operation prior to the effective date of this part need not
comply with Section 114419.



114041.  (a) Shell eggs shall be received clean and sound.
   (b) Shell eggs shall not exceed the restricted egg tolerances for
United States Consumer Grade B Standards.