Jan 1, 2020 — are subjected to in-place manual cleaning without the use of a CIP preparation, packaging, handling, and storage of a cottage food
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California Retail Food Code Effective January 1, 20 20 2 TABLE OF CONTENTS PAGE CHAPTER 1. GENERAL PROVISIONS 4 CHAPTER 2. DEFINITIONS 7 CHAPTER 3. MANAGEMENT AND PERSONNEL Article 1 Supervision 2 6 Article 2 Employee Knowledge 27 Article 3 Employee Health 32 Article 4 Handwashing 34 Article 5 Personal C leanliness 3 7 Article 6 Hygienic Practices 3 7 CHAPTER 4. GENERAL FOOD SAFETY REQUIREMENTS Article 1 Protection from Contamination 3 9 Article 2 Time Temperature Relationships 42 Article 3 Food from Approved Sources 47 Article 4 Receipt of Food 48 Article 5 Food Storage 51 Article 6 Specialized Processing Methods 52 Article 7 Food Display and Service 53 Article 8 Consumer Information 5 8 CHAPTER 5 . CLEANING AND SANITIZING OF EQUIPMENT 6 1 AND UTENSILS CHAPTER 6. EQUIPMENT, UTENSILS, AND LINENS Article 1 Design and Construction 69 Article 2 Ventilation 72 Article 3 Location and Installation 73 Article 4 Maintenance and Operation 76 Article 5 Linens 77 CHA PTER 7. WATER, PLUMBING, AND WASTE Article 1 Water 78 Article 2 Liquid Waste 79 Article 3 Mobile Water and Wastewater Tanks 80 Article 4 Refuse 83 CHAPTER 8. PHYSICAL FACILITIES Article 1 Toilet Facilities 84 Article 2 Lighting 85 Article 3 Poisonous and Toxic Materials 86 Article 4 Employee Storage Area 86 Article 5 Premises and Facilities 87 Article 6 Vermin and Animals 8 7
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California Retail Food Code Effective January 1, 20 20 3 PAGE CHAPTER 9. PERMANENT FOOD FACILITIES 89 Article 1 Floor s, Walls, and Ceilings 89 Article 2 Toilet Facilities 91 Article 3 Janitorial Facilities 92 Article 4 Premises 92 Article 5 Prepackaged Nonpotentially Hazardous Food 93 CHAPTER 10. MOBILE FOOD FACILITIES 93 CHAPTER 10 .1. CATERING OPERATION AND HOST FACILITIES 101 CHAPTER 10.5. NONPROFIT CHARITABLE TEMPORARY 104 FOOD FACILITIES CHAPTER 10.6. LIM ITED SERVCIE CHARITABLE FEEDING OPERATION 105 CHAPTER 11. TEMPORARY FOOD FACILIT IES 108 CHAPTER 11.5. COTTAGE FOOD OPERATIONS 111 CHAPTER 11.6. MICROENTERPRISE HOME KITCHEN OPERATION 115 CHAPTER 12 122 CHAPTER 12.5 FARM STANDS AND COMMUNITY FOOD PRODUCTION 125 CHAPTER 12.7. FIS 127 CHAP TER 12.8 CHILDREN 129 CHAPTER 13. COMPLIANCE AND ENFORCEMENT Article 1 Plan Review and Permits 130 Article 2 Enforcement 132 Article 3 Permit Suspension and Revocation 133 Article 4 Variance 134 Article 5 HACCP Exemptions 1 36 Article 6 Exemptions 1 39 Article 7 Food Facility Food Donations 1 40 Article 8 Child Day Care Facilities, Community Care 1 41 Facilities and Residential Care Facilities for the Elderl y
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California Retail Food Code Effective January 1, 20 20 4 CHAPTER 1. General Provisions 113700. These provisions shall be known, and may be cited, as the California Retail Food 113703. The purpose of this part is to safeguard public health and provide to consume rs food that is safe, unadulterated, and honestly presented through adoption of science – based standards. 113705. The Legislature finds and declares that the public health interest requires that there be uniform statewide health and sanitation standards for retail food facilities to assure the people of this state that the food will be pure, safe, and unadulterated. Except as provided in Section 113709, it is the intent of the Legislature to occupy the whole field of health and sanitation standards for retai l food facilities, and the standards set forth in this part and regulations adopted pursuant to this part shall be exclusive of all local health and sanitation standards relating to retail food facilities. 113707. The department shall adopt regulations to implement and administer this part. 113709. This part does not prohibit a local governing body from adopting an evaluation or grading system for food facilities, from prohibiting any type of food facility, from adopting an employee health certification program, from regulating the provision of consumer toilet and handwashing facilities, from adopting requirements for the public safety regulating the type of vending and the time, place, and manner of vending from vehicles upon a street pursuant to its au thority under subdivision (b) of Section 22455 of the Vehicle Code, or from prohibiting the presence of pet dogs in outdoor dining areas of food facilities. 113711. I n all laws and regulations, references to Chapter 4 (commencing with Section 113700) or th e California Uniform Retail Food Facilities Law, shall mean this part or the California Retail Food Code. 113713 . (a) Primary responsibility for enforcement of this part shall be with the local enforcement agency. Nothing in this part shall prevent the dep artment from taking any necessary program or enforcement actions for the protection of the public health and safety. (b) The department shall provide technical assistance, training, standardization, program evaluation, and other services to local health ag encies as necessary to ensure the uniform interpretation and application of this part, when an appropriation is made to the department for this purpose. (c) Whenever the enforcement of the requirements of this part by any local enforcement agency is satisf actory to the department, the enforcement of this part shall not be duplicated by the department. The department shall investigate to determine satisfactory enforcement of this part by evaluating the program of each local enforcement agency at least once e very three years and shall prepare a report of the evaluation and list any program improvements needed only when an appropriation is made to the department for these purposes. 113715. Any construction, alteration, remodeling, or operation of a food facili ty shall be approved by the enforcement agency and shall be in accordance with all applicable local, state, and federal statutes, regulations, and ordinances, including but not limited to, fire, building, and zoning codes.
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California Retail Food Code Effective January 1, 20 20 5 113717. (a) Any person requesti ng the department to undertake any activity pursuant to paragraph (5) of subdivision (c) of Section 113871, Section 114417, paragraph (2) of subdivision (b) of undertaking th cost – recovery rate, and it shall be entitled to recover any other costs reasonably and actually incurred in performing those activities, including, but not limited to, the costs of additional shall be adjusted annually in accordance with Section 100425. (b) The department shall provide to the person paying the required fee a statement, in voice, or similar document that describes in reasonable detail the costs paid. and county, or other political subdivision of the state or local government. 113 718. Notwithstanding Section 16350 of the Government Code, all moneys deposited in the Retail Food Safety and Defense Fund shall be transferred to the Food Safety Fund for appropriation and expenditure as specified by Section 110050. 113719. Structural a nd sanitation requirements shall be based on the food service activity to be conducted, the type of food that is to be prepared or served, and the extent of food preparation that is to be conducted at the food facility. 113725. (a) The enforcement agency shall utilize a standardized food facility inspection format for food facility inspections that includes all of the following: (1) The name and address of the food facility. (2) Identification of the following inspection criteria, which shall be the basis of the inspection report: (A) Improper holding temperatures of potentially hazardous foods. (B) Improper cooling of potentially hazardous foods. (C) Inadequate cooking of potentially hazardous foods. (D) Poor personal hygiene of food employees. (E) Contami nated equipment. (F) Food from unapproved sources. (3) For each violation identified pursuant to paragraph (2), classification of the violation as a minor violation or major violation. (b) An enforcement agency may modify the format to add criteria to thos e specified pursuant to paragraph (2) of subdivision (a), if both of the following conditions are met: (1) The additional criteria are based on other provisions of this part. (2) A violation is identified by reference to items and sections of this part, or the regulations adopted pursuant to this part relating to those items, if a food facility is cited for a violation of the additional criteria. (c) This section shall not restrict the ability of the enforcement agency to inspect and report on criteria othe r than those subject to regulation under this part.
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California Retail Food Code Effective January 1, 20 20 6 113725.1. A copy of the most recent routine inspection report conducted to assess compliance with this part shall be maintained at the food facility and made available upon request. The food facility shal l post a notice advising consumers that a copy of the most recent routine inspection report is available for review by any interested party. 113725.2. Local enforcement agencies, and the department when adequate funding is made available to the department, shall conduct routine training on food facility inspection standardization to promote the uniform application of inspection procedures. 113725.3. (a) The department shall publish standardized procedures for enforcement agencies to report food facility ins pection information regarding each food facility. The report shall include all of the following: (1) Name and address of the food facility. (2) Date of last inspection. (3) Identification of any major violation identified in a food facility inspection. (4) Reinspection date, if applicable. (5) Period of closure, if applicable. (b) The department, in consultation with local environmental health directors, representatives of the retail food industry, and other interested parties, may periodically review and r evise the standardized procedures established pursuant to subdivision (a). In making any revisions, the department shall strive to ensure that the required information can be reported and made available in the most efficient, timely, and cost – effective man ner. (c) (1) The standardized procedures established pursuant to this section shall include a standardized electronic format and protocol for reporting the food facility inspection data in a timely manner, and shall strive to ensure that the information i s readily accessible, can be rapidly reported, and, if necessary, corrected, for each food facility that has been inspected or reinspected. If the enforcement agency determines that reported information is materially in error, that error shall be corrected within 48 hours after that determination. (2) The department may establish standardized procedures for reporting the information on electronic media, including, but not limited to, floppy disks or compact disks. (d) Within 60 days after the department has established the standardized procedures pursuant to this section, the department shall publish these procedures. (e) (1) Each enforcement agency that reports food facility inspection information on an Internet Web site shall report the information in acc ordance with the standardized procedures established pursuant to this section. (2) This section shall not restrict the ability of an enforcement agency to report on matters other than matters subject to regulation under this part. (f) The department may es tablish a link to each Internet Web site utilized by any enforcement agency containing the food facility inspection information pursuant to subdivision (e).
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California Retail Food Code Effective January 1, 20 20 8 113737. in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol aw. 113739. 113739.1. approved for food preparation where food is served, or limited food preparation is conducted, at a location other than its permitted location, in either of the followin g circumstances: (1) As part of a contracted offsite food service event. (2) When operating in conjunction with a host facility with direct food sales. (1) Food ordered as takeout or deliv ery from a food facility, where the food is provided to the consumer for self – service. (2) A food facility that is participating as part of a community event. 113740. 113742. a location that is certified by the State of California through the enforcement officers of the county agricultural commissioners and operated pursuant to Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and re gulations adopted pursuant to that chapter. 113744. refer sequentially to the title, part, and section numbers, such as 21 C.F.R. 178.1010 refers to Title 21, Part 178, Se ction 1010. 113747. piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine. are subjected to in – place manual cleaning without the use of a CIP system. 113747.1. source. 113748. (a) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label. (b) To combine shucked shel lfish from containers with different container codes or different shucking dates. 113750. mincing. in size and restructured or reformulated including, but not limited to, gefilte fish, formed roast beef, gyros, ground beef,
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California Retail Food Code Effective January 1, 20 20 9 sausage, and a mixture of two or more types of meat that have been reduced in size and combined, including, but not limited to, sau sages made from two or more meats. 113751. units, or vending machines where any of the following occur: (a) Food, containers, or supplies are stored. (b) Food is prepar ed or prepackaged for sale or service at other locations. (c) Utensils are cleaned. (d) Liquid and solid wastes are disposed, or potable water is obtained. 113752. means a producer of agricultural products on land that is not zone d for agricultural use but is otherwise in compliance with applicable local land use and zoning restrictions, including, but not limited to, restrictions governing personal gardens, community gardens, school gardens, and culinary gardens. 113755. nonconsecutive days in a 90 – day period and that is of a civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gath ering events approved by the local enforcement agency. 113756. sauces, confections, or seasonings, that requires no additional preparation, and that is used on a food item, includ ing, but not limited to, ketchup, mustard, mayonnaise, sauerkraut, salsa, salt, sugar, pepper, or chile pepper. 113757. food, is not functioning in the capacity of an operator of a food facility, and does not offer the food for resale. 113758. annual sales that is specified in this subdivision, is operated by a cottage food operator, and h as not more than one full – time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cot tage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to this part. In 2013, the enterprise shall not have more than thirty – five thousand dollar ($35,000) in gross annual sales in the calendar y ear. In 2014, the enterprise shall not have more than forty – five thousand dollars ($45,000) in gross annual sales in the calendar year. Commencing in 2015, and each subsequent year thereafter, the enterprise shall not have more than fifty thousand dollars ($50,000) in gross annual sales in the calendar year. A cottage food operation includes both of the following: only in direct sales of cottage food products from the cottage food operation or other direct sales venues described in paragraph (4) of subdivision (b). both direct sales and indirect sales of cottage food products fr om the cottage food operation, from direct sales venues described in paragraph (4) of subdivision (b), from offsite events, or from a third – party retail food facility described in paragraph (5) of subdivision (b). (b) For purposes of this section, the foll owing definitions shall apply:
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California Retail Food Code Effective January 1, 20 20 10 preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employe e does not include an immediate family member or household member of the cottage food operator. or her private home and is the owner of the cottage food operation. described in Section 114365.5 and that are prepared for sale in the kitchen of a cottage food operation. een a cottage food operation operator and a consumer, where the consumer purchases the cottage food product directly from the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, s uch as bake sales or food swaps, transactions – supported agriculture subscriptions, and transactions occurring in person in the cottage food operation. between a cottage food operation, a third – party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third – party retailer that holds a valid permit issued pursuant to Section 114381. Indire ct sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises. individuals r eside. food products and related ingredients or equipment, or both, and att ached rooms within the home that are used exclusively for storage. 113759. preparing, displaying, transporting, or dispensing a food. 113760. ns a point or procedure in a specific food system where loss of control may result in an unacceptable health risk. 113761. or chemical parameter must be controlled at a cr itical control point to minimize the risk that the identified food safety hazard may occur. 113763. 113767. so il, food residue, or other organic or inorganic materials by normal cleaning methods. 113768. (a) Portable; mounted on casters, gliders, or rollers so as to be moveable by one person; or provided with a mecha nical means to safely tilt or move a unit of equipment for cleaning. (b) Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.
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California Retail Food Code Effective January 1, 20 20 11 113769. means the shell egg of an avian species that includes chicken, duck, goose, egg of a reptile species, includi ng an alligator. 113770. management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food facility. 113773. jurisdiction over the food facility. 113774. appointed by the State Pub lic Health Officer, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees. 113777. in the operation of a food facility, including, but not limited to, a freezer, grinder, hood, icemaker, meat block, mixer, oven, reach – in refrigerator, scale, food and utensil shelving and cabinets, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine. prepackaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forkli fts, dollies, pallets, racks, and skids. 113778. food facility except for those areas open to the general public. 113778.1. stration. 113778.2 . land use codes, defined under and operated pursuant to Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and reg ulations adopted and enforced pursuant to that chapter, operating within the requirements set forth in Sections 113789 and 114375. 113778.4 . cheesecloth, that is used as part of the food process and comes in direct contact with food that is subsequently cooked. 113779. than birds or mammals, and all molluscan shellfish, if inte also includes alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of these animals. proc essed in any manner. 113780. licensed by the Department of Fish and Wildlife or an entity representing two or more California – licensed commercial fishermen or California – licen sed commercial fishermen and California – registered aquaculturists, that sells only raw edible aquatic plants, raw fresh fish, or fresh frozen fish, caught by commercial fishermen licensed by the Department of Fish and Wildlife or harvested by California – re gistered aquaculturists, directly to consumers.
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