Imagine yourself—a member of the vast dining public in, say, the City of Los Angeles—on a weekend night. You’re considering taking your family, a significant other, or a couple of friends or business associates out for dinner. For a long time, you’ve had your eye on a new restaurant that opened in the neighborhood. You’ve driven by it several times on your way home from work but you’ve never tried the food. Tonight, you’re going to dine there.
As you step into the restaurant, you notice that the dining area looks clean and inviting. After you’re seated, you notice, further, that the menu features a host of dishes you’ve never tried before. You order. The food arrives. It tastes delicious—and after a satisfying meal everyone heads home and you call it a night.
But around midnight, you awaken with a terrible stomach ache, vomiting and diarrhea. You’re in such bad shape that you can’t go to work on Monday. Your kids, who are in the same boat as you, miss a day of school. Fortunately, by Tuesday, everyone’s feeling better. The misery’s over. You find yourself wondering what happened. It’s only when you bump into a neighbor of yours who was also there in the restaurant that night with his family that you realize what happened. He and his family suffered from the exact same symptoms after dining in the restaurant. You instantly conclude that everyone was the victim of a food-borne disease transmitted through that otherwise delicious dinner.
That day, on your way home from work, you stop at the restaurant and tell the manager what happened to you and your family. He notes down your contact number, promises to investigate and get back to you. As soon as you leave, the manager, suddenly a bit sweaty, picks up the phone and calls the restaurant owner. He tells the owner about your visit and what you say happened to you and your family. The owner is horrified. He asks the manager what could have gone wrong. The manager says he hasn’t a clue but that he would try to find out.
The truth is that the manager probably has a better chance of finding the proverbial needle in the haystack than ascertaining the cause of your family’s misfortune that night. In great part, that’s because in the hectic run up to the restaurant’s opening, neither the owner nor the manager asked a crucial question: Who is the guardian of the health of the restaurant’s customers?
Is it the chefs? The servers? The dishwashers? The correct answer is that in a real sense everyone who works in the restaurant, from the owner down, bears the responsibility of protecting the health of patrons against infectious diseases resulting from inadequate sanitation and the contamination of food with toxic substances as well as the transmission of food-borne illnesses.
The lesson for the restaurant owner is that hygienic food—and hygienic food service—can only be maintained when constant safeguards are in place to prevent the spread of infectious diseases. This means that not only must everything that customers consume in a restaurant be hygienic but that all utensils, plates, glasses, cups and cutlery used in the preparation and serving of food must be effectively sanitized.
Cities, counties and states everywhere in the United States strictly enforce restaurant sanitation regulations. In Los Angeles County, compliance and non-compliance with food safety and sanitation standards is implemented through a grade-card inspection system that awards restaurants either an “A” (the highest grade), a “B” (the second-highest grade) or a “C” (the lowest grade). These grades inform customers about the cleanliness of a given restaurant they dine in, allowing the dining public to decide whether to go to an A-grade restaurant, a B-grade restaurant or even a C-grade place where they may feel safer about the food and drinks they’re consuming.
Studies of the roughly 16-year-old system in Los Angeles County have shown that the implementation of an “ABC” grading system has caused a significant reduction in food-borne illnesses that cause hospitalization, according to a 2007-2008 report by the Orange County Grand Jury. Even better, the level of restaurant sanitation in Los Angeles has dramatically improved as restaurant owners opt for cleaner restaurants to attract more patrons. Interestingly, restaurants that get an A grade have increased their revenue, while C-grade restaurants have either cleaned up their acts or shut down.
Generally speaking, a restaurant’s equipment and layout should be conducive to good sanitary practices:
In planning a restaurant, owners should pay particular attention to the materials and type of equipment that help ensure safe and sanitary operations. Ceilings and walls should be made of washable materials, and the floors of the kitchen as well as serving areas should preferably be constructed of quarry tile or similar slip-resistant materials that are not only easy to mop but which are made to slope toward central drains for easy flushing. Alternatively, floors can be designed to facilitate movement of mobile equipment, and trap drains can be installed around cooking areas where moisture collects. These drains can be cleaned with a brush and effective detergent.
Food should be handled, stored and refrigerated in a manner that prevents spoilage and contamination. Although modern methods of canning, freezing and pasteurization have eliminated many of the problems that dogged restaurant owners in decades past, some pertinent issues still remain. Notable among these is the problem of safeguarding foods, especially meats and seafood, from excessive temperatures and humidity. Even canned foods are known to lose vitamin content if kept at room temperatures (60 degrees to 72 degrees F.) for prolonged periods of time. Butter can take on the flavor of other foods with which it is stored. Milk must never be allowed to become warm.
When sliced meats, poultry or other leftovers are placed in the refrigerator for later use, these items should be tagged with the storage date so that they are used in the order they were received. It is also well to note that because bacteria require warmth, moisture and food to thrive, extra precautions should be taken with food during warm, humid months of the year. Poultry and certain other meats are excellent hosts for bacteria if left unprotected for some time after cooking. Therefore, it’s advisable to refrigerate these meats immediately, even though they may be somewhat warm. Pork should always be thoroughly cooked to prevent trichinosis, a lethal disease. If a restaurant happens to be located in a tropical or subtropical climate, special care should be taken with lettuce and similar leafy vegetables, which should be washed with chlorinated water to prevent disorders such as dysentery caused by amoebae.
Bacteria is probably the biggest enemy of food hygiene. Although not all bacteria are harmful—they serve many useful purposes in nature—these tiny organisms are everywhere in large numbers: It takes about 25,000 bacteria laid end-to-end to measure just an inch—and it’s no wonder that our ancient ancestors believed bacterial diseases were caused by evil spirits lurking in the earth and sky and in animals. Discovered only in the 17th century by a Dutch merchant and amateur scientist named Anton van Leeuwenhoek, bacteria causes a range of diseases, including pneumonia, cholera, scarlet fever, tuberculosis, diphtheria, bubonic plague, whooping cough and syphilis.
Here are some key points to remember about bacteria:
- Most disease-producing bacteria grow best at body temperatures. High temperatures will usually kill them, although some can live at temperatures of 160 degrees F. or higher.
- Freezing does not kill bacteria, but it keeps them from multiplying.
- Most bacteria require air to survive, although some forms of the organism, called anaerobic bacteria, can get along without air.
- Generally, bacteria require food, warmth and moisture to thrive—their favorite sources being milk, eggs, meats, poultry, shellfish and water.
- Most bacteria that spoil food and cause diseases grow best at temperatures ranging from 50 degrees F to 140 degrees F.
- Thermophilic, or heat-loving bacteria, grow in temperatures between 108 degrees F. and 180 degrees F., with the greatest growth taking place between 131 degrees F. and 140 degrees F. These are the bacteria that cause “flat sours” in canned products.
- Mesophilic, or moderate temperature-loving bacteria, grown between 41 degrees F. and 113 degrees F., with optimum growth between 86 degrees F. and 98.6 degrees F. These bacteria spoil vegetables, meats and milk. They grow very slowly, however, if at all, at refrigerator temperatures of 35 degrees F. to 45 degrees F.
- Psychrophilic, or cold-loving bacteria, grow between 32 degrees F. and 90 degrees F.—and grow best when temperatures are between 39 degrees F. and 68 degrees F. They sometimes cause spoilage in curing cellars and cold storage areas. These bacteria also cause the off-flavors that develop at refrigerator temperatures of 35 degrees F. to 45 degrees F.
- Besides temperature, another factor to be aware of is the degree of acidity or alkalinity of the medium in which bacteria are growing. An excess of acidity or alkalinity disturbs the normal functions of the bacteria cell. Most bacteria grow well in a nutritive fluid that is roughly neutral. The unit of measure for the degree of acidity or alkalinity of a substance is known as the “pH” factor, which is measure on a scale of 14, with the mid-point, 7, indicating a neutral state.
The oft-heard phenomenon of “food poisoning” is, of course, rarely caused by eating poisoned food. Rather, it is the result of food-borne diseases caused by bacteria and transferred to the food by careless storage or handling. Foods and water contaminated at the source may carry disease-producing bacteria. Rats, mice, flies and roaches may also carry bacteria, which they deposit on food while eating it.
Because bacteria most commonly grow in foods such as cream-filled pastries, meat and meat products, poultry, shellfish, milk and milk products, salads, sauces, dressings and gravies, special care must be taken to keep such products refrigerated. Certain sauces, such as Hollandaise, should not be used two hours after preparation.
All perishable foods should be stored in the refrigerator at or below 45 degrees F. Meats should be unwrapped and arranged so that air can reach all surface areas. Containers must be kept clean, inside and out. Once frozen foods are thawed, they should not be refrozen because bacteria can be lodged in them. Food prepared in advance should be refrigerated immediately after cooking and never left standing at room temperature. If food must be left in a pot to cool, place a cover over it. A thermometer should be placed in the warmest spot in the refrigerator and checked regularly. It’s a good idea to invest in refrigerators that sound an alarm when the temperature drops below the desired point or if power fails.
Here are some additional points to keep in mind:
- Food should be safeguarded while serving it.
- The washing of utensils, dishes, glasses, cups and other equipment should result in a thorough cleansing as well as sanitization of the items.
- The floors, wall, ceilings, counters, tables and chairs in a restaurant should be cleaned regularly.
- Rodents, vermin and insects such as cockroaches should be eliminated from food areas by periodically undertaking pest-control measures.
- All employees must be adequately supervised in food hygiene and sanitation practices, and made aware of the latest best practices in restaurant sanitation.
In general I have found that good hygiene practices are a matter of constant training and creating and maintaining a safe and clean environment both for your employees as well as customers. The key here is the word environment and also the word culture. You want to create a culture of cleanliness where employees consider being clean and maintaining food safety and etiquette as part of the regular routine.
Remember when those videos surfaced on television a few years back showing employees of pizza parlors spitting on customers’ food? Well, that is a worse case scenario you definitely do not want. It all starts with creating a culture of mutual respect and discipline. Do you think those employees would have ever behaved that way if they understood that they are part of a great team or that they would benefit is the restaurant they work for benefitted? Of course not. Real teamwork and careful preparation is all part of a safety culture that can only be established from the top down.
I was eating in New York one time with a few friends from LA when a small mouse quickly ran past us and around the corner wall. Most of the people in our small group being from LA, a few of the women in the group literally screamed to the top of their lungs. I, of course, was laughing because having to New York many times, this was routine, but in LA having any kind of mouse or other vermin will immediately get your place shut down for a few days until you prove to the city you’ve alleviated the issue. Often times business owners have to spend thousands of dollars, tear down drywall and destroy any infestation before they are even allowed to reopen.
Upon hearing her scream a waiter came by. We said, “Hey, did you just see there’s a mouse inside your restaurant!”. To which he said, “Ha! You guys must be from LA. Yeah we leave the door open sometimes for fresh air and sometimes they do sneak in, but they get back out so don’t worry it’s no big deal.” He said this with a huge grin on his face. Needless to say the women in our group lost their appetite and did not finish their meal. Different cities and different cultures around the world handle food safety in completely separate ways, so you have to really study what is and what is not acceptable to the health department of your own city.
What to do when the City Health Code Inspectors Show Up
Here in LA, health inspections are routine and never announced. This, in theory, is supposed to make sure we are being inspected by them when we are least prepared, and therefore, offers customers a general picture of how clean a place is. In practice, however, it is very inconvenient for restaurant owners. They often arrive in peak hours, and they sometimes interfere with the ordering and food making process by getting in the way of chefs, measuring food temperatures and checking cleanliness in plain view of customers.
Often the person doing the inspection is nice and accommodating, knowing how difficult our job is of running a restaurant business. Often they have to have a biology degree or some kind of scientific background, and the city does not pay them as much as others in the scientific field, so you have some situations with these pissed off people and it makes for a bad encounter. If they are rude and just not interested to hear an owner out, confrontations do tend to happen. In one instance a member of our team asked one of them to leave immediately because she was so rude. Police were called in and had to defuse the situation. The health inspectors are allowed, by law, to enter our private place of business and conduct their investigation. I feel as though it might be best in the future to either let business owners know when they would come in to have us better prepare, and if that is not possible to at least have them come in before 11:30 am or after 3 pm when the lunch rush hasn’t started.
Here is what I recommend you teach your staff and train all employees on this matter. These twelve tips are based on my 25 years experience working in and around kitchens:
1) Have some kind of verbal alarm employees and other staff can alert each other with as soon as the health inspector walks in the door. It can be some kind of code word like “Alert” or “All men on deck”. It can even be something inconspicuous like “Fried Chicken ON Call” where the inspector doesn’t realize what is going on but everyone else gets in the duper clean mode.
2) Once everyone gets into the “Super Clean” mode make sure they quickly place new ice where the ice is supposed to be. For example if you own a Pepsi machine make sure they put ice in it. They will likely check this machine not only for cleanliness but for the temperature and quality of ice. Make sure your machines are routinely filtered and cleaned periodically, at least once or twice per week, even before the health inspector steps foot inside your restaurant.
3) Make sure the chefs and cooks open all fires to maximum. This means any open grill, kabob machine, clay oven, or cheese melting machines should be turned up all the way. BY this I mean cook it at higher than what is normal. While the staff does this make small talk with the health inspector. None of this is illegal nor immoral, by the way. The health inspector wants the food temperature for all cooked meats to be within range, which is not reasonable often times. For example if you cook meats at this high temperature all of the time, without any breaks, it will most likely burn. Customers can’t and won’t eat burned food.
4) Check all seams and corners of your refrigeration units. If you can feel air seeping out, you have to fix this issue and make sure all refrigeration units are properly sealed. This will cost you points on the health report otherwise.
5) Make sure the kitchen is always maintained clean and dry. Any small pockets or holes that collect water on the floor must be fixed. Bacteria can grow in that water and that will cost you major points. Fix any and all plumbing issues as soon as they arise. Backed up sinks and drains cost major points as well. Make sure the bathroom sink runs hot water.
6) Use a good pest control company. They should be experienced and fix any issues that arise. We are too busy to focus on pests, so these companies have to be good at fixing anything and everything that has to do with this issue. If they are not eliminating your pest problem and not helping you train staff on better food management to reduce bugs, fire them and get a new company. Make sure the shrubbery around the restaurant is kept to a minimum. Pests love to hide in big shrubs and trees.
7) Use fans to keep bugs out at entrances and doorways.
8) Make sure employees seal all bags that contain food waste. The worst smell in the garbage areas happen when food waste or food moisture seeps through the plastic bags. This can stay in the trash area for days, causing bacteria build up and that nasty smell. Worse yet is when they just throw food away in the containers without any bags at all. Food waste must be sealed clean and dry as possible before throwing it in the dump.
9) Make sure the floor and kitchen walk-in cooler area is dry before you close the shop. Often times small fruit flies are attracted to that sour smell (in nature they help in the decomposition of food so this makes sense). They love vinegar and food gone bad, so make sure you keep the food facilities as clean and dry as possible. Provide employees with an easy to use, powerful vacuum that sucks all liquids. Any remaining liquids should be towel dried.
10) Make sure you have a good ice and refrigeration expert on call at all times. Make sure the walk-in cooler is set at the right temperature. If the thermometer is broken, the health inspector won’t care and mark down points anyway so make sure all temperature gauges are working correctly. You won’t believe how many times friends and family members have called me in an emergency. A good friend of mine owns a café in Venice Beach, California. He was so busy making burgers and fries to hungry customers on the boardwalk when his small refrigeration unit stopped working! He was going crazy trying to figure out what to do. Luckily I had about 4 or 5 guys I trusted that can fix units in those kinds of situations, and even though it was on a busy Sunday afternoon, once of them did manage to come and help my friend out. Don’t leave such important matters to chance; make sure you have qualified personnel on call, ready to go at a moment’s notice, on your phone list.
11) Create and maintain proper schedule lists for routine bathroom cleanings. Have one posted in each bathroom. Make sure the cleaning personnel go through the list and clean the bathroom at least once per hour, and have them check off that hour as they do. Is there enough toilet paper stocked in both bathrooms? Is the toilet seat clean? Is the mirror and sink area clean and dry? How does the place smell? Often customers will judge the cleanliness of a restaurant by its bathrooms.
12) Go through your walk-in cooler at least once a day. Are the dry good placed above the meats and watery materials, as they should be? How does the walk in cooler look? Are containers sealed and clean? Make sure the meats and poultry are placed in a separate area than the produce. You want to prevent any cross-contamination. Employees must wash their hands routinely, and they must change gloves after handling meats before they handle any produce to avoid cross-contamination.
While this is by no means an exhaustive list of all the things that can go possibly wrong or all the things we need to do to keep a restaurant clean and sanitary, they are most of what I have found to be the major issues restaurant owners face time and time again. I hope it helps you keep your place clean; and I certainly hope it helps someone not get food sick. If that happens, I would feel great knowing that I made a small difference.
Notations, Definitions, and Citations
California Health and Safety Code
As of January 1, 2014, the California Health and Safety Code mandates a host of general food safety requirements. Understanding these regulations requires an awareness of certain key definitions, which can be summarized as follows:
- Adulterated food means either of the following:
(a) Food that bears or contains any poisonous or deleterious substance that may render the food impure or injurious to health.
(b) Food that is manufactured, prepared, or stored in a manner that deviates from a HACCP (Hazard Analysis and Critical Control Points) plan so as to pose a discernable increase in risk.
- “Acute gastrointestinal illness” means a short duration illness most often characterized by either of the following, which are known to be commonly associated with the agents most likely to be transmitted from infected food employees through contamination of food:
(a) Diarrhea, either alone or in conjunction with other gastrointestinal symptoms, such as vomiting, fever, or abdominal cramps.
(b) Vomiting in conjunction with either diarrhea or two other gastrointestinal symptoms, such as fever or abdominal cramps.
- “Approved” means acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, current public health principles, practices, and generally recognized industry standards that protect public health.
- “Approved source” means a food source procured from a producer, manufacturer, distributor, or food facility that is acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, with current public health principles and practices, and generally recognized industry standards that protect public health.
- Any whole uncut fruit or vegetable or unrefrigerated shell egg grown or produced in compliance with all applicable federal, state, or local laws, regulations, and food safety guidelines issued by a regulatory agency shall be deemed to be from an approved source.
- “AW” means water activity that is a measure of the free moisture 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.
- “Beverage” means a liquid for drinking, including water.
- “Certified farmers’ market” means 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 regulations adopted pursuant to that chapter.
- “CIP” means cleaned in place by the circulation or flowing by mechanical means through a 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. “CIP” does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system.
- “Cold water” means potable water that is not heated by an auxiliary method or source.
- “Commingle” means: (a) To combine shellstock harvested on different days or from different growing areas as
identified on the tag or label. (b) To combine shucked shellfish from containers with different container codes or different shucking dates.
- “Comminuted” means reduced in size by methods including chopping, flaking, grinding, or mincing.
- “Comminuted” includes fish or meat products that are reduced in size and restructured or reformulated including, but not limited to, gefilte fish, formed roast beef, gyros, ground beef, sausage, and a mixture of two or more types of meat that have been reduced in size and combined, including, but not limited to, sausages made from two or more meats.
- “Commissary” means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur:
(a) Food, containers, or supplies are stored.
(b) Food is prepared 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.
- “Community event” means an event that is of civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering events approved by the local enforcement agency.
- “Condiment” means a nonpotentially hazardous food, such as relishes, spices, sauces, confections, or seasonings, that requires no additional preparation, and that is used on a food item, including, but not limited to, ketchup, mustard, mayonnaise, sauerkraut, salsa, salt, sugar, pepper, or chile peppers.
- “Consumer” means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food facility, and does not offer the food for resale.
- “Control point” means any distinct procedure or step in receiving, storing, handling, preparing, displaying, transporting, or dispensing a food.
- “Critical control point” means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.
- “Critical limit” means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.
- “Department” means the State Department of Health Services.
- “Easily cleanable” means a characteristic of a surface that allows effective removal of soil, food residue, or other organic or inorganic materials by normal cleaning methods.
- “Easily movable” means either of the following:
(a) Portable; mounted on casters, gliders, or rollers so as to be moveable by one person; or provided with a mechanical 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.
- “Egg” means the shell egg of an avian species that includes chicken, duck, goose, guinea, quail, ratite, or turkey, except a balut and an egg product. “Egg” does not include the egg of a reptile species, including an alligator.
- “Employee” means the permit-holder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food facility.
- “Enforcement agency” means the department or the local health agency having jurisdiction over the food facility.
- “Enforcement officer” means the director, agents, or environmental health specialists appointed by the Director of Health Services, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.
- “Equipment” means an article that is used 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. “Equipment” does not include items used for handling or storing large quantities of prepackaged foods that are received from a supplier in a cased or over-wrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.
- “Exclude” means to prevent a person from working as a food employee or entering a food facility except for those areas open to the general public.
- “FDA” means the United States Food and Drug Administration.
- “Fabric implement” means a cloth or fabric, including, but not limited to, burlap and cheesecloth, that is used as part of the food process and comes in direct contact with food that is subsequently cooked.
- “Fish” means fresh or saltwater finfish, crustaceans, and other forms of aquatic life, other than birds or mammals, and all molluscan shellfish, if intended for human consumption. “Fish” also includes alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of these animals. “Fish” includes a product derived in whole or in part from fish, including fish that have been processed in any manner.
- “Food” means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
- “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purposes of reducing hunger and supplying nutritional needs.
- “Food compartment” means an enclosed space, including, but not limited to, an air pot, blender, bulk dispensing system, covered chafing dish, and covered ice bin, with all of the following characteristics:
(a) The space is defined by a physical barrier from the outside environment that completely encloses all food, food-contact surfaces, and the handling of nonprepackaged food.
(b) All access openings are equipped with tight-fitting closures, or one or more alternative barriers that effectively protect the food from contamination, facilitate safe food handling, while minimizing exposure to the environment.
(c) It is constructed from materials that are nontoxic, smooth, easily cleanable, and durable and is constructed to facilitate the cleaning of the interior and exterior of the compartment.
- “Food-contact surface” means either of the following:
(a) A surface of equipment or a utensil with which food normally comes into contact.
(b) A surface of equipment or a utensil from which food may drain, drip, or splash into a food or onto a surface normally in contact with food.
- “Food employee” means an employee working with food, food equipment or utensils, or food-contact surfaces.
- “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2) Any place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(c) “Food facility” does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2) A private home.
(3) A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4) A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
- Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, that comply with Section 118375, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged non-potentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served.
- “Food handler” means an individual who is involved in the preparation, storage, or service of food in a food facility, as defined in subdivision (b), other than an individual holding a valid food safety certificate issued pursuant to Section 113947.3 or an individual involved in the preparation, storage, or service of food in a temporary food facility, as defined in Section 113930.
(b) For purposes of the definition of a “food facility” in subdivision (a) and in Section 113948, a food facility means a food facility, as defined in Section 113789, that sells food for human consumption to the general public.
- “Food preparation” means packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not include trimming of produce.
- “Food safety program” means any city, county, or city and county program that requires, at a minimum, either of the following:
(a) The training of one or more individuals, whether denominated as “owners,” “managers,” “handlers,” or otherwise, relating in any manner to food safety issues.
(b) Individuals to pass a food safety certification examination.
- “Food handler program” means any city, county, or city and county program that requires that all or a substantial portion of the employees of a food facility who are involved in the preparation, storage, service, or handling of food products, engage in an approved food safety training or pass an approved food safety certification examination, or both.
- “Frozen food” means a food maintained at a temperature at which all moisture therein is in a solid state.
- “Grade A standards” means the requirements of the United States Public Health Service/FDA “Grade A Pasteurized Milk Ordinance” and “Grade A Condensed and Dry Milk Ordinance” with which certain fluid and dry milk and milk products comply.
- “HACCP” means a Hazard Analysis Critical Control Point.
- “HACCP plan” means a written document that complies with the requirements of Section 114419.1 and that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods. These principles include completion of the following basic steps:
(a) Completion of hazard analysis identification by identifying the likely hazards to consumers presented by a specific food.
(b) Determination of critical control points in receiving, storage, preparation, displaying, and dispensing of a food.
(c) Setting of measurable critical limits for each critical control point determined.
(d) Developing and maintaining monitoring practices to determine if critical limits are being met.
(e) Developing and utilizing corrective action plans when failure to meet critical limits is detected.
(f) Establishing and maintaining a recordkeeping system to verify adherence to an HACCP plan.
(g) Establishing a system of audits to do both of the following:
(1) Initially verify the effectiveness of the critical limits set and appropriateness of the determination of critical control points.
(2) Periodically verify the effectiveness of the HACCP plan.
- “Hazard” means a biological, chemical, or physical property that may cause an unacceptable public health risk.
- “Hearing officer” means a local health officer, a director of environmental health, or his or her designee.
“Hermetically sealed container” means a container that is designed and intended to be secure against the entry of micro-organisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.
- “Highly susceptible population” means a group of persons who are more likely than other people in the general population to experience food-borne disease because both of the following conditions exist:
The group is comprised of immuno-compromised persons, preschool age children, or older adults.
(b) The group obtains food at a facility, including, but not limited to, a kidney dialysis center, hospital, nursing home, or senior center, that provides services, such as custodial care, health care, assisted living, or socialization services.
- “Hot dog” means a whole, cured, cooked sausage that is skinless or stuffed in a casing, that may be known as a frankfurter, frank, furter, wiener, red hot, vienna, bologna, garlic bologna, or knockwurst, and that may be served in a bun or roll.
- “Imminent health hazard” means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that can cause food infection, food intoxication, disease transmission, vermin infestation, or hazardous condition that requires immediate correction or cessation of operation to prevent injury, illness, or death.
- “Impound” means the legal control exercised by the enforcement officer over the use, sale, disposal, or removal of any food, equipment, or utensils.
- “Injected” means manipulating a meat so that infectious or toxigenic microorganisms may be introduced from its surface to its interior through tenderizing with deep penetration or injecting the meat by processes that may be referred to as “injecting,” “pinning,” or “stitch pumping.”
- “Juice” means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or puree. “Juice” includes juice as a beverage, an ingredient of a beverage, and a puree as an ingredient of a beverage.
- “Law” means applicable local, state, and federal statutes, regulations, and ordinances.
- “Limited food preparation” means food preparation that is restricted to one or more of the following:
(1) Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of non-prepackaged food.
(2) Dispensing and portioning of non-potentially hazardous food.
(3) Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4) Slicing and chopping of food on a heated cooking surface during the cooking process.
(5) Cooking and seasoning to order.
(6) Preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(b) “Limited food preparation” does not include any of the following:
(1) Slicing and chopping unless it is on the heated cooking surface.
(3) Cooling of cooked, potentially hazardous food.
(4) Grinding raw ingredients or potentially hazardous food.
(5) Reheating of potentially hazardous foods for hold holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.
(6) Except as authorized in paragraph (3) of subdivision (a), hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.
(7) Washing of foods.
(8) Cooking of potentially hazardous foods for later use.
- “Linens” means fabric items such as cloth hampers, cloth napkins, tablecloths, wiping cloths, and work garments, including cloth gloves.
- “Major violation” means a violation of this part that may pose an imminent health hazard and warrants immediate closure or other corrective action.
- “Meat” means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, game animal, and other edible animals, except fish and poultry.
- “Menu change” means a modification of a food facility’s menu that would require a change in the food facility’s food preparation methods, storage equipment, or storage capacity previously approved by the local enforcement agency. These changes may include, but are not limited to, the addition of potentially hazardous foods to a menu, installation of new food preparation or storage equipment, or increasing storage capacity.
- “Minor violation” means a violation of this part that does not pose an imminent health hazard, but does warrant correction.
• “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer.
- “Single operating site mobile food facilities” means at least one, but not more than four, unenclosed mobile food facilities, and their auxiliary units, that operate adjacent to each other at a single location.
- “Mobile support unit” means a vehicle used in conjunction with a commissary or other permanent food facility that travels to and services mobile food facilities as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes.
- “Molluscan shellfish” means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.
- “Multiservice utensil” means a utensil manufactured for use more than one time.
- “Open-air barbecue” means a piece of equipment designed for barbecuing food, where the food is prepared out of doors by cooking directly over hot coals, heated lava, hot stones, gas flame, or other method approved by the department, on equipment suitably designed and maintained for use out of doors, that is operated by a temporary food facility, or a mobile food facility that remains fixed during hours of operations at a community event or a permanent food facility.
- “Outdoor wood-burning oven” means an oven located out of doors, that utilizes wood as the primary fuel for cooking and is operated on the same premises as, and in conjunction with, a permanent food facility.
- “Permanent food facility” means a food facility operating in a permanently constructed structure, including any room, building, place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, or otherwise handling food at the retail level.
- “Permit” means the document issued by the enforcement agency that authorizes a person to operate a food facility.
- “Permitholder” means the entity that is legally responsible for the operation of the food facility, such as the owner, the owner’s agent, or other person, and possesses a valid permit to operate a food facility.
- “Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, city, county, or other political subdivision, or any other group or combination acting as a unit.
- “Person in charge” means the individual present at a food facility who is responsible for the operation of the food facility.
- “pH” means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral.
- “Plumbing fixture” means a receptacle or device that is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system or discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.
- “Plumbing system” means the water supply and distribution pipes, plumbing fixtures and traps, soil, waste, and vent pipes, sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises, and watertreating equipment.
- “Poisonous or toxic materials” means substances that are not intended for ingestion and are included in one of the following categories:
(a) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals.
(b) Pesticides except sanitizers, which include substances such as insecticides and rodenticides.
(c) Substances necessary for the operation and maintenance of the facility, such as nonfood grade lubricants and personal care items that may be deleterious to health.
(d) Substances that are not necessary for the operation and maintenance of the facility and are on the premises for retail sale, such as petroleum products and paints.
- “Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceed 80 pounds (36kg) in weight.
- “Potable water” means water that complies with the standards for transient non-community water systems pursuant to the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12, to the extent permitted by federal law.
- “Potentially hazardous food” means a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation. “Potentially hazardous food” includes a food of animal origin that is raw or heat-treated, a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, cut tomatoes or mixtures of cut tomatoes that are not modified to render them unable to support pathogenic micro-organism growth or toxin formation, and garlic-in-oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth or toxin formation as specified under subdivision. “Potentially hazardous food” does not include any of the following:
(1) A food with an aw value of 0.85 or less.
(2) A food with a pH level of 4.6 or below when measured at 75°F.
(3) An air-cooled, hard-boiled egg with shell intact, or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable salmonellae.
(4) A food in an unopened, hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution.
(5) A food that has been shown by appropriate microbial challenge studies approved by the enforcement agency not to support the rapid and progressive growth of infectious or toxigenic micro-organisms that may cause food infections or food intoxications, or the growth and toxin production of Clostridium botulinum, such as a food that has an aw and a pH that are above the levels specified under paragraphs (1) and (2) and that may contain a preservative, other barrier to the growth of micro-organisms, or a combination of barriers that inhibit the growth of micro-organisms.
(6) A food that does not support the rapid and progressive growth of infectious or toxigenic micro-organisms, even though the food may contain an infectious or toxigenic micro-organism or chemical or physical contaminant at a level sufficient to cause illness.
- “Poultry” means either of the following:
(1) Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in 9 C.F.R. 381 Poultry Products Inspection Regulations.
(2) Any migratory waterfowl, game bird, including a pheasant, partridge, quail, grouse, or guinea, or pigeon, or squab, whether live or dead, as defined in 9 C.F.R. 362 Voluntary Poultry Inspection Program.
(b) “Poultry” does not include ratites.
(a) The food facility, its contents, and the contiguous land or property and its facilities and contents that are under the control of the permitholder.
(b) The food facility, its contents, and the land or property not described in subdivision (a) if the facility and contents are under the control of the permitholder and may impact food facility personnel, facilities, or operations.
- “Prepackaged food” means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer, a food facility, or other approved source.
- “Produce” means any whole edible portion of a plant in its raw and natural state.
- “Ready-to-eat food” means food that is in a form that is edible without additional preparation to achieve food safety, as specified in Section 114004 or Section 114008, is a raw or partially cooked food of animal origin and the consumer is advised as specified under Section 114093, or may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes. “Ready-to-eat food” includes all of the following:
(a) Raw food of animal origin that is cooked as specified in Section 114004 or 114008.
(b) Raw fruits and vegetables that are washed as specified in Section 113992.
(c) Fruits and vegetables that are cooked for hot holding as specified in Section 114010.
(d) All potentially hazardous food that is cooked to the temperature and time required for the specific food under Sections 114004, 114008, and 114010 and cooled as specified in Section 114002.
(e) Produce for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present, are removed.
(f) Substances derived from plants, such as spices, seasonings, and sugar.
(g) A bakery item, such as bread, cakes, pies, fillings, or icing, for which further cooking is not required for food safety.
(h) The following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and parma ham; and dried meat and poultry products, such as jerky or beef sticks.
(i) Foods manufactured according to 21 C.F.R. Part 113—Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.
- “Reduced-oxygen packaging” means the reduction of the amount of oxygen in a package by mechanically evacuating the oxygen, displacing the oxygen with another gas or combination of gases, or otherwise controlling the oxygen content in a package to a level below that normally found in the surrounding atmosphere, which is 21 percent oxygen. “Reducedoxygen packaging” includes methods that may be referred to as altered atmosphere, modified atmosphere, controlled atmosphere, low oxygen, and vacuum packaging, including sous vide.
- “Refrigeration unit” means a mechanical unit that extracts heat from an area through liquefaction and evaporation of a fluid by a compressor, flame, or thermoelectric device, and includes a mechanical thermostatic control device that regulates refrigerated blown air into an enclosed area at or below the minimum required food storage temperature of potentially hazardous foods in conformance with Section 113996.
- “Refuse” means solid waste not carried by water through the sewage system.
- “Remodel” means construction, building, or repair to the food facility that requires a permit from the local building authority. For purposes of mobile food facilities, temporary food facilities, and satellite food service, “remodel” means any replacement or significant modification of an integral piece of equipment.
- “Restrict” means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils, linens, and unwrapped single-use articles.
- “Retail” means the storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling food for dispensing or sale directly to the consumer or indirectly through a delivery service.
- “Sanitization” means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five logs, which is equal to a 99.999 percent reduction, of representative disease micro-organisms of public health importance.
- “Satellite food service” means a remotely located food service operation that is conducted on the same property as, in reasonable proximity to, and in conjunction with and by, a fully enclosed permanent food facility. Satellite food service does not include remote food service operations located within a fully enclosed permanent food facility.
- “Sealed” means free of cracks or other openings that allow the entry or passage of moisture.
- “Service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability, or that is in training to do that work or perform those tasks. “Service animal” does not include any other species of animals, whether wild or domestic, trained or untrained. The work or tasks performed by a service animal shall include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, or helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this subdivision.
- “Shellfish certification number” means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to law or to the provisions of the National Shellfish Sanitation Program.
- “Shellfish control authority” means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers.
- “Shellstock” means raw, in-shell molluscan shellfish.
- “Shucked shellfish” means molluscan shellfish that have one or both shells removed.
- “Single-use articles” mean utensils, tableware, carry-out utensils, bulk food containers, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use, after which they are intended for discard. “Single-use articles” also include items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans that do not meet the materials, durability, strength, and cleanability specifications for utensils under Sections 114130, 114130.1, and 114130.3
- “Smooth” means any of the following:
(a) A food-contact surface that is free of pits, pinholes, cracks, crevices, inclusions, rough edges, and other surface imperfections detectable by visual or tactile inspection.
(b) A nonfood-contact equipment surface equal to that of commercial grade hot-rolled steel free of visible scale.
(c) A floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.
- “Swap meet” shall have the meaning set forth in Section 21661 of the Business and Professions Code.
- “Table-mounted equipment” means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.
- “Tableware” means eating, drinking, and serving utensils for table use, including forks, knives, spoons, bowls, cups, serving dishes, tumblers, and plates.
- “Temperature measuring device” means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.
- “Temporary food facility” means a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet.
- “Tight-fitting” means fabricated so that joining members are in contact along the entire seam with no opening greater than 1/64th inch (.04 cm).
- “Transporter” means any vehicle used to transport food pursuant to a prior order from a manufacturer, distributor, retail food facility, or other approved source to a retail food facility or consumer.
- “USDA” means the United States Department of Agriculture.
- “Utensil” means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multi-use, single-service, or single-use, gloves used in contact with food, temperature sensing probes of food temperature measuring devices, and probe-type price or identification tags used in contact with food.
- “Variance” means a written document issued by the department that allows the use of an alternative practice or procedure based on a determination by the department that the alternate practice or procedure is equivalent to the existing requirements, and that a health hazard will not result from the alternative practice or procedure. A variance may be issued in the following circumstances:
(a) For employee hygiene, as described in subdivision (e) of Section 113953, and Sections 113953.3 and 113953.4.
(b) For protection of food from contamination, as described in Sections 113984, 113986, 113988, and 113992.
(c) For time as a public health control, as described in Section 114000.
(d) For cooling time and methods, as described in Sections 114002 and 114002.1.
(e) For cooking and reheating temperatures for potentially hazardous food, as described in Sections 114004, 114008, 114010, and 114016.
(f) For use of raw shell eggs in foods that are not thoroughly cooked, as described in Section 114012.
(g) For thawing of frozen food, as described in Section 114020.
(h) For receiving temperatures of potentially hazardous foods, as described in Section 114037.
(i) For reduced-oxygen packaging of potentially hazardous food, as described in Sections 114057 and 114057.1.
(j) For sanitization methods for food-contact and nonfood-contact surfaces, as described in Sections 114099.6, 114109, 114117, 114119, and 114121.
- “Vending machine” means a self-service device that, upon insertion of money or tokens, dispenses food without the necessity of replenishing the device between each vending operation and that operates in conjunction with a commissary. “Vending machine” does not include any device dispensing exclusively peanuts, nuts, popcorn, gum, or hard candy, prepackaged candy, cookies, crackers, or similar snacks and beverages that are not potentially hazardous food, and prepackaged ice.
- “Vermin” means cockroaches, mice, rats, and similar pests that carry disease.
- “Vermin infestation” means the presence of vermin within the food facility as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or gnaw marks, that could result in contamination to the food, equipment, packaging, or utensils.
- “Ware-washing” means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.
- “Warm water” means water that is supplied through a mixing valve or combination faucet at a temperature of at least 100°F.
Management and Personnel
- The permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food facility during all hours of operation.
- Except as specified in Section 113984.1, the person in charge shall ensure that persons unnecessary to the food facility operation shall not be allowed in the food preparation, food storage, or warewashing areas.
(a) The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned duties.
(b) For purposes of this section, “person in charge” means a designated person who has knowledge of safe food handling practices as they relate to the specific food preparation activities that occur at the food facility
(c) Food facilities that prepare, handle, or serve non-prepackaged potentially hazardous food,
except temporary food facilities, shall have an owner or employee who has successfully passed an approved and accredited food safety certification examination as specified in Sections 113947.2 and 113947.3. There shall be at least one food safety certified owner or employee at each food facility. No certified person at a food facility may serve at any other food facility as the person required to be certified pursuant to this subdivision. The certified owner or employee need not be present at the food facility during all hours of operation.
(d) Food facilities that are not subject to the requirements of subdivision (a) that prepare, handle, or serve nonprepackaged, nonpotentially hazardous foods, except temporary food facilities, shall do one of the following:
(1) Have an owner or employee who has successfully passed an approved and accredited food safety certification examination as specified in Sections 113947.2 and 113947.3.
(2) Demonstrate to the enforcement officer that the employees have an adequate knowledge of food safety principles as they relate to the specific operation involved in their assigned duties.
(c) On and after July 1, 2007, temporary food facilities that prepare, handle, or serve non-prepackaged food shall have an owner or person in charge who can demonstrate to the enforcement officer that he or she has an adequate knowledge of food safety principles as they relate to the specific food facility operation.
(d) (1) For the purposes of this section, multiple contiguous food facilities permitted within the same site and under the same management, ownership, or control shall be deemed to be one food facility, notwithstanding the fact that the food facilities may operate under separate permits.
(2) This subdivision shall not apply to the premises of a licensed winegrower or brandy manufacturer utilized for wine tastings conducted pursuant to Section 23356.1 of the Business and Professions Code of wine or brandy produced or bottled by, or produced and prepackaged for, that licensee when use is limited to wine tasting.
(e) A food facility that commences operation, changes ownership, or no longer has a certified owner or employee pursuant to this section shall have 60 days to comply with this subdivision.
(f) The responsibilities of a certified owner or employee at a food facility or an owner or person in charge of a temporary food facility described in subdivision (c) shall include the safety of food preparation and service, including ensuring that all employees who handle, or have responsibility for handling, non-prepackaged foods of any kind, have sufficient knowledge to ensure the safe preparation or service of the food, or both. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee’s duties related to food safety issues.
(g) The food safety certificate issued pursuant to Section 113947.3 shall be retained on file at the food facility at all times, and shall be made available for inspection by the enforcement officer.
(h) Certified individuals shall be recertified every five years by passing an approved and accredited food safety certification examination.
(i) A food safety program that was not in effect prior to January 1, 1999, shall not be enacted, adopted, implemented, or enforced, unless the program fully conforms to the requirements of this part.
- The food safety certification examination for purposes of Section 113947.1 shall include, but need not be limited to, all of the following elements of knowledge:
(a) Food-borne illness, including terms associated with food-borne illness, micro-organisms, hepatitis A, and toxins that can contaminate food and the illness that can be associated with contamination, definition and recognition of potentially hazardous foods, chemical, biological, and physical contamination of food, and the illnesses that can be associated with food contamination, and major contributing factors for food-borne illness.
(b) The relationship between time and temperature with respect to food-borne illness, including the relationship between time and temperature and micro-organisms during the various food handling, preparation, and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures.
(c) The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices.
(d) Methods of preventing food contamination in all stages of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery.
(e) Procedures for cleaning and sanitizing equipment and utensils.
(f) Problems and potential solutions associated with facility and equipment design, layout, and
(g) Problems and potential solutions associated with temperature control, preventing cross-contamination,
housekeeping, and maintenance.
- It is the intent of the Legislature to reduce the likelihood of food-borne disease transmission by preventing any food employee who is suffering from symptoms associated with an acute gastrointestinal illness, or known to be infected with a communicable disease that is transmissible through food, from engaging in the handling of food until the food employee is determined to be free of that illness or disease, or incapable of transmitting the illness or disease through food as specified in this article.
- When a local health officer is notified of an illness that can be transmitted by food in a food facility or by an employee of a food facility, the local health officer shall inform the local enforcement agency. The local health officer or the local enforcement agency, or both, shall notify the person in charge of the food facility and shall investigate conditions and may, after the investigation, take appropriate action, and for reasonable cause, require any or all of the following measures to be taken:
(1) The immediate restriction or exclusion of any food employee from the affected food facility.
(2) The immediate closing of the food facility until, in the opinion of the local enforcement agency, the identified danger of disease outbreak has been addressed. Any appeal of the closure shall be made in writing within five days to the applicable local enforcement agency.
(3) Any medical evaluation of any employee, including any laboratory test or procedure, that may be indicated. If an employee refuses to participate in a medical evaluation, the local enforcement agency may require the immediate exclusion of the refusing employee from that or any other food facility until an acceptable medical evaluation or laboratory test or procedure shows that the employee is not infectious.
(b) For purposes of this section, “illness” means a condition caused by any of the following infectious agents:
(1) Salmonella typhi.
(2) Salmonella spp.
(3) Shigella spp.
(4) Entamoeba histolytica.
(5) Enterohemorrhagic or shiga toxin producing Escherichia coli.
(6) Hepatitis A virus.
(8) Other communicable diseases that are transmissible through food.
- The owner who has a food safety certificate issued pursuant to Section 113947.1 or the employee who has this food safety certificate shall instruct all food employees regarding the relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness. The owner or food safety certified employee shall require food employees to report the following to the person in charge:
(a) If an employee is diagnosed with an illness due to one of the following:
(1) Salmonella typhi.
(2) Salmonella spp.
(3) Shigella spp.
(4) Entamoeba histolytica.
(5) Enterohemorrhagic or shiga toxin producing Escherichia coli.
(6) Hepatitis A virus.
(b) If a food employee has a wound that is one of the following:
(1) On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the wound and a single-use glove is worn over the impermeable cover.
(2) On exposed portions of the arms, unless the wound is protected by an impermeable cover.
(3) On other parts of the body, unless the wound is covered by a dry, durable, tight-fitting bandage.
- A food employee shall do both of the following:
(a) Report to the person in charge the information specified under Section 113949.2.
(b) Comply with the exclusions or restrictions, or both, that are specified under Section 113950.
- The person in charge shall notify the local enforcement agency when notified that the food employee has been diagnosed with an infectious agent specified under subdivision (b) of Section 113949.1. A person in charge shall notify the local enforcement agency when he or she is aware that two or more food employees are concurrently experiencing symptoms associated with an acute gastrointestinal illness.
- The local health officer or, in consultation with the local health officer, the local enforcement agency shall do either of the following:
(1) Exclude a food employee from a food facility if the food employee is diagnosed with an infectious agent specified in subdivision (b) of Section 113949.1 and the food employee is symptomatic and still considered infectious.
(2) Restrict a food employee if the food employee is diagnosed with an infectious agent specified under subdivision (b) of Section 113949.1 and is not experiencing symptoms of the illness associated with that agent but is still considered infectious with an agent specified in
subdivision (b) of Section 113949.1.
- The person in charge shall do either of the following:
- Exclude a food employee from a food facility if the food employee is diagnosed with an infectious agent specified under subdivision (b) of Section 113949.1.
Restrict a food employee from working with exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles in a food facility if the food employee is suffering from symptoms of an acute gastrointestinal illness.
- The person in charge may remove a restriction for a food employee upon the resolution of symptoms as reported by a food employee if the food employee states that he or she no longer has any symptoms of an acute gastrointestinal illness.
- Only the local health officer or the local enforcement agency, or both, shall remove exclusions or restrictions, or both, related to diagnosed illnesses due to infectious agents specified in subdivision (b) of Section 113949.1 after the local health officer provides a written clearance stating that the excluded or restricted food employee is no longer considered infectious.
- Food employees shall keep their hands and exposed portions of their arms clean.
- Handwashing facilities shall be provided within or adjacent to toilet rooms. The number of handwashing facilities required shall be in accordance with local building and plumbing codes.
- Except as otherwise provided in Section 114358, food facilities constructed or extensively remodeled after January 1 1996, that handle non-prepackaged food, shall provide facilities exclusively for hand-washing in food preparation areas and in ware-washing areas that are not located within or immediately adjacent to food preparation areas. Handwashing facilities shall be sufficient in number and conveniently located so as to be accessible at all times for use by food employees.
- The handwashing facility shall be separated from the ware-washing sink by a metal splashguard with a height of at least 6 inches, that extends from the back edge of the drain-board to the front edge of the drain-board, the corners of the barrier to be rounded. No splashguard is required if the distance between the handwashing sink and the ware-washing sink drainboards is 24 inches or more.
- Handwashing facilities shall be equipped to provide warm water under pressure for a minimum of 15 seconds through a mixing valve or combination faucet. If the temperature of water provided to a handwashing sink is not readily adjustable at the faucet, the temperature of the water shall be at least 100°F, but not greater than 108°F.
- An automatic handwashing facility may be installed and used in accordance with the manufacturer’s instructions.
- The enforcement agency may allow handwashing facilities other than those required by this section when it deems that the alternate facilities are adequate.
- A handwashing facility shall be clean, unobstructed, and accessible at all times for employee use.
- A handwashing facility shall not be used for purposes other than handwashing.
- Employees shall not clean their hands in a sink used for food preparation, ware-washing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.
- A ware-washing sink may be used for handwashing as specified in Section 114125.
- A handwashing facility shall be provided with the following in dispensers at, or adjacent to, each handwashing facility:
(a) Handwashing cleanser.
(b) Sanitary single-use towels or a heated-air hand drying device.
- Except as specified in subdivision (b), all employees shall thoroughly wash their hands and that portion, if any, of their arms exposed to direct food contact with cleanser and warm water by vigorously rubbing together the surfaces of their lathered hands and arms for at least 10 to 15 seconds and thoroughly rinsing with clean running water followed by drying of cleaned hands and that portion, if any, of their arms exposed. Employees shall pay particular attention to the areas underneath the fingernails and between the fingers. Employees shall wash their hands in all of the following instances:
(1) Immediately before engaging in food preparation, including working with non-prepackaged food, clean equipment and utensils, and unwrapped single-use food containers and utensils.
(2) After touching bare human body parts other than clean hands and clean, exposed portions of arms.
(3) After using the toilet room.
(4) After caring for or handling any animal allowed in a food facility pursuant to this part.
(5) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco,
eating, or drinking.
(6) After handling soiled equipment or utensils.
(7) During food preparation, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks.
(8) When switching between working with raw food and working with ready-to-eat food.
(9) Before initially donning gloves for working with food.
(10) Before dispensing or serving food or handling clean tableware and serving utensils in the food service area.
(11) After engaging in other activities that contaminate the hands.
(b) If approved and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by food employees to clean their hands.
- No employee shall commit any act that may cause the contamination or adulteration of food, food-contact surfaces, or utensils.
- Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.
- All food employees preparing, serving, or handling food or utensils shall wear hair restraints such as hats, hair coverings, or nets which are designed and worn to effectively keep their hair from contacting non-prepackaged food, clean equipment, utensils, linens, and unwrapped single-use articles.
- This section does not apply to food employees, such as counter staff who only serve beverages and wrapped or prepackaged foods, hostesses, and wait staff, if they present a minimal risk of contaminating non-prepackaged food, clean equipment, utensils, linens, and unwrapped single-use articles.
- Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-use articles.
- Single-use gloves shall be worn when contacting food and food-contact surfaces if the employee has any cuts, sores, rashes, artificial nails, nail polish, rings (other than a plain ring, such as a wedding band), uncleanable orthopedic support devices, or fingernails that are not clean, smooth, or neatly trimmed.
- Whenever gloves are worn, they shall be changed, replaced, or washed as often as handwashing is required by this part. Single-use gloves shall not be washed.
- If used, single-use gloves shall be used for only one task, such as working with ready-to-eat food or with raw food of animal origin, used for no other purpose, and shall be discarded when damaged or soiled, or when interruptions in the food handling occur.
- Slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used only with food that is subsequently cooked as specified in Section 114004, such as frozen food or a primal cut of meat.
- Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.
- Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked.
- Food employees experiencing, while at work in a food facility, persistent sneezing, coughing, or runny nose that is associated with discharges from the eyes, nose, or mouth, and that cannot be controlled by medication, shall not work with exposed food; clean equipment, utensils, or linens; or unwrapped single-use utensils.
- An employee who has a wound that is open or draining shall not handle food.
- A food employee who has a wound is restricted from food handling unless the food employee complies with all of the following:
(1) If the wound is located on the hand or wrist, an impermeable cover, such as a finger cot or stall, shall protect the wound. A single-use glove shall be worn over the impermeable cover.
(2) If the wound is located on exposed portions of the arms, an impermeable cover shall protect the wound.
(3) If the wound is located on other parts of the body, a dry, durable, tight-fitting bandage shall cover the wound.
(4) For purposes of this section, a wound also includes a cut, sore, rash, or lesion.
- Unless a utensil used to taste food is discarded after the first time it is used for this purpose and before the next tasting or any other use, the utensil shall be washed, rinsed, and sanitized pursuant to Chapter 5 (commencing with Section 114095) between tastings and before any other use.
- An employee shall eat, drink, or use any form of tobacco only in designated areas where contamination of non-prepackaged food; clean equipment, utensils, and linens; unwrapped single-use articles; or other items needing protection cannot result.
- A food employee may drink from a closed beverage container if the container is handled to prevent contamination of the employee’s hands, the container, non-prepackaged food, and food-contact surfaces.
- Food facilities shall have a “no smoking” sign posted in the food preparation, food storage, and ware-washing areas.
General Food Safety Requirements
Safe Minimum Cooking Temperatures
Use this chart and a food thermometer to ensure that meat, poultry, seafood, and other cooked foods reach a safe minimum internal temperature.
Remember, you can’t tell whether meat is safely cooked by looking at it. Any cooked, uncured red meats – including pork – can be pink, even when the meat has reached a safe internal temperature.
Why the Rest Time is Important
After you remove meat from a grill, oven, or other heat source, allow it to rest for the specified amount of time. During the rest time, its temperature remains constant or continues to rise, which destroys harmful germs.
|Ground Meat & Meat Mixtures
||Beef, Pork, Veal, Lamb
|Fresh Beef, Veal, Lamb
||Steaks, roasts, chops
||Chicken & Turkey, whole
|Poultry breasts, roasts
|Poultry thighs, legs, wings
|Duck & Goose
|Stuffing (cooked alone or in bird)
|Pork and Ham
|Fresh ham (raw)
|Precooked ham (to reheat)
|Eggs & Egg Dishes
||Cook until yolk and white are firm
|Leftovers & Casseroles
||145 or cook until flesh is opaque and separates easily with a fork.
|Shrimp, lobster, and crabs
||Cook until flesh is pearly and opaque.
|Clams, oysters, and mussels
||Cook until shells open during cooking.
||Cook until flesh is milky white or opaque and firm.
Protection from Contamination:
- All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, kept for sale, and served so as to be pure and free from adulteration and spoilage; shall have been obtained from approved sources; shall be protected from dirt, vermin, unnecessary handling, droplet contamination, overhead leakage, or other environmental sources of contamination; shall otherwise be fully fit for human consumption; and shall conform to the applicable provisions of the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)).
- (a) Food shall be transported in a manner that meets the following requirements:
(1) The interior floor, sides, and top of the food holding area shall be constructed of a
smooth, washable, impervious material capable of withstanding frequent cleaning.
(2) The food holding area shall be constructed and operated so that no liquid wastes can
drain onto any street, sidewalk, or premises.
(3) Except as provided in subdivision (a) of Section 113996, potentially hazardous food shall
be maintained at the required holding temperatures.
(b) This section shall not apply to the transportation of prepackaged non-potentially hazardous
- (a) Adequate and suitable counter space shall be provided for all food preparation operations.
(b) Except as specified in subdivision (c) below, food preparation shall be conducted within a fully enclosed food facility.
(c) Limited food preparation shall be conducted within a food compartment or as approved by the enforcement agency. Subject to subdivision (g) below, this subdivision shall not be construed to require an additional food compartment when adding ingredients to a beverage or dispensing into a serving container when the beverage is prepared for immediate service in response to an individual consumer order.
(d) Food shall be prepared with suitable utensils and on surfaces that, prior to use, have been cleaned, rinsed, and sanitized as specified in Section 114117 to prevent cross-contamination.
(e) Overhead protection shall be provided above all food preparation, food display, ware-washing, and food storage areas.
(f) All food shall be thawed, washed, sliced, and cooled within an approved fully enclosed food facility.
(g) Based upon local environmental conditions, location, and other similar factors, the enforcement officer may establish additional structural or operational requirements, or both, for mobile food facilities as necessary to ensure that foods, food-contact surfaces, and utensils are of a safe and sanitary quality.
- Consumer access to a food facility through the food preparation area is permissible, at the discretion of the permit-holder, if ready-to-eat foods are prepared in approved areas separated from sources of contamination by a space of at least three feet from the consumer and in areas that are separate from raw or undercooked foods. The route of access shall be separated from the required space by a rail or wall at least three feet high or otherwise clearly delineated.
- (a) Food shall be protected from cross-contamination by utilizing one or more of the following methods:
(1) Separating raw food of animal origin during transportation, storage, preparation, holding, and display from raw ready-to-eat food, including other raw food of animal origin such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as produce, and cooked ready-to-eat food in any of the following ways:
(A) Using separate equipment for each type.
(B) Arranging each type of food in equipment so that cross-contamination of one type with another is prevented.
(C) Preparing each type of food at different times or in separate areas.
(D) Except as specified in subdivision (b), storing the food in packages, covered containers, or wrappings.
(E) Cleaning hermetically sealed containers of food of visible soil before opening.
(F) Protecting food containers that are received packaged together in a case or overwrap
from cuts when the case or overwrap is opened.
(G) Storing damaged, spoiled, or recalled food being held in the food establishment as specified in Section 114055.
(H) Separating fruits and vegetables before they are washed, as specified in Section 113992, from ready-to-eat food.
(2) Except when combined as ingredients, separating types of raw foods of animal origin from each other during transportation, storage, preparation, holding, and display in the following ways:
(A) Using separate equipment for each type.
(B) Arranging each type of food in equipment so that cross-contamination of one type with another is prevented.
(C) Preparing each type of food at different times or in separate areas.
(D) Except as specified in subdivision (b), storing the food in packages, covered containers, or wrappings.
(E) Cleaning hermetically sealed containers of food of visible soil before opening.
(F) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened.
(G) Storing damaged, spoiled, or recalled food being held in the food establishment as specified in Section 114055.
(H) Separating fruits and vegetables before they are washed, as specified in Section 113992, from ready-to-eat food.
(b) Subparagraph (D) of paragraph (2) of subdivision (a) of this section shall not apply to any of the following:
(1) Whole, uncut, raw fruits and vegetables and nuts in the shell that require peeling or hulling before consumption.
(2) Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks.
(3) Whole, uncut, processed meats, such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks.
(4) Food being cooled as specified in subdivision (b) of Section 114002.1.
- (a) Food shall be protected from contamination that may result from the addition of unsafe or unapproved food or color additives or unsafe or unapproved levels of approved food and color additives.
(b) A food employee may not apply sulfiting agents to fresh fruits and vegetables intended for raw consumption, or to any potentially hazardous food.
- Ice that has been used as a medium for cooling the exterior surfaces of food such as melons or fish, prepackaged foods such as canned beverages, or cooling coils and tubes of equipment, shall not be used as food.
- (a) Produce shall be thoroughly washed in potable water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form, except as specified in subdivision (b) and except when intended for washing by the consumer before consumption.
(b) Chemicals used to wash or peel produce shall meet the requirements specified in 21 C.F.R. 173.315
Time and Temperature Relationships
(a) Except during preparation, cooking, cooling, transportation to or from a retail food facility for a period of less than 30 minutes, or when time is used as the public health control as specified under Section 114000, or as otherwise provided in this section, potentially hazardous food shall be maintained at or above 135°F, or at or below 41°F.
(b) Roasts cooked to a temperature and for a time specified in subdivision (b) of Section 114004 shall be held at a temperature of 130°F.
(c) The following foods may be held at or below 45°F:
(1) Raw shell eggs.
(2) Unshucked live molluscan shellfish.
(3) Pasteurized milk and pasteurized milk products in original, sealed containers.
(4) Potentially hazardous foods held for dispensing in vending machines.
(5) Potentially hazardous foods held for sampling at a certified farmers’ market.
(6) Potentially hazardous foods held during transportation.
(d) Potentially hazardous foods held for dispensing in serving lines and salad bars may be maintained above 41 degrees F., but not above 45 degrees F., during periods not to exceed 12 hours in any 24-hour period only if the unused portions are disposed of at or before the end of this 24-hour period. For purposes of this subdivision, a display case shall not be deemed to be a serving line.
- If it is necessary to remove potentially hazardous food from the specified holding temperatures to facilitate preparation, this preparation shall in no case exceed two cumulative hours without a return to the specified holding temperatures.
- (a) Except as specified in subdivision (b) below, if time only, rather than time in conjunction with temperature, is used as the public health control for a working supply of potentially hazardous food before cooking or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption, the following shall occur:
(1) The food shall be marked or otherwise identified to indicate the time that is four hours past the point in time when the food is removed from temperature control.
(2) The food shall be cooked and served, served if ready-to-eat, or discarded within four hours from the point in time when the food is removed from temperature control.
(3) The food in unmarked containers or packages or marked to exceed a four-hour limit shall be discarded.
(4) Written procedures shall be maintained in the food facility and made available to the enforcement agency upon request, that ensure compliance with this section and Section 114002, for food that is prepared, cooked, and refrigerated before time is used as a public health control.
(b) Time only, rather than time in conjunction with temperature, may not be used as the public health control for raw eggs in the following food facilities:
(1) Licensed health care facilities.
(2) Public and private school cafeterias.
- (a) Whenever food has been prepared or heated so that it becomes potentially hazardous, it shall be rapidly cooled if not held at or above 135°F.
(b) After heating or hot holding, potentially hazardous food shall be cooled rapidly from 135°F to 41°F or below within six hours and, during this time the decrease in temperature from 135°F to 70°F shall occur within two hours.
(c) Potentially hazardous food shall be cooled within four hours to 41°F or less if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.
(d) Except as specified in subdivision (e), a potentially hazardous food received in compliance with laws allowing a temperature above 41°F during shipment from the supplier as specified in Section 114037, shall be cooled within four hours to 41°F or less.
(e) Pasteurized milk in original, sealed containers, pasteurized milk products in original, sealed containers, raw shell eggs, and unshucked live molluscan shellfish need not comply with subdivision (c) or (d) if these foods are placed immediately upon their receipt in refrigerated equipment that maintains an ambient temperature of 45°F or less.
- (a) The rapid cooling of potentially hazardous foods shall be accomplished in accordance with the time and temperature criteria specified in Section 114002 by using one or more of the following methods based on the type of food being cooled:
(1) Placing the food in shallow pans.
(2) Separating the food into smaller or thinner portions.
(3) Using rapid cooling equipment.
(4) Using containers that facilitate heat transfer.
(5) Adding ice as an ingredient.
(6) Using ice paddles.
(7) Inserting appropriately designed containers in an ice bath and stirring frequently.
(8) In accordance with an HACCP plan adopted pursuant to this part.
(9) Utilizing other effective means that have been approved by the enforcement agency.
(b) When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be arranged in the equipment to provide maximum heat transfer through the container walls, loosely covered, or uncovered if protected from overhead contamination during the cooling period to facilitate heat transfer from the surface of the food, and stirred as necessary to evenly cool a liquid or a semi-liquid food
- Section 114004 (a) Except as specified in subdivision (c) below, all ready-to-eat foods prepared at a food facility from raw or incompletely cooked food of animal origin shall be cooked to heat all parts of the food to a temperature and for a time that complies with the following methods based on the food that is cooked:
(1) The following shall be heated to a minimum internal temperature of 145°F or above for 15 seconds:
(A) Raw shell eggs that are broken and prepared in response to a consumer’s order and for immediate service.
(C) Single pieces of meat, including beef, veal, lamb, pork, and game animals from approved sources.
(2) The following foods shall be heated to a minimum internal temperature of 155°F for 15 seconds or the temperature specified in the following chart that corresponds to the holding time:
(A) Ratites and injected meats.
(B) Comminuted meat or any food containing comminuted meat.
(C) Raw eggs and foods containing raw eggs that are not prepared as specified below:
# Minimum Temperature: 145°F. Time: 3 minutes.
# Minimum Temperature: 150°F. Time: 1 minute.
# Minimum Temperature: 158°F. Time: < 1 second (instantaneous).
(3) The following shall be heated to a minimum internal temperature of 165°F for 15 seconds:
(B) Comminuted poultry.
(C) Stuffed fish, stuffed meat, stuffed poultry, and stuffed ratites.
(D) Stuffing containing fish, meat, poultry, or ratites.
(E) Pasta and any other food stuffed with fish, meat, poultry, or ratites.
(b) Whole beef roasts, corned beef roasts, pork roasts, and cured pork roasts, such as ham,
shall be cooked as specified in both of the following:
- Raw foods of animal origin cooked in a microwave oven shall meet all of the following requirements:
(a) Be rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat.
(b) Be covered to retain surface moisture.
(c) Be heated to a temperature of at least 165°F in all parts of the food.
(d) Stand covered for at least two minutes after cooking to obtain temperature equilibrium.
- Fruits and vegetables that are cooked for hot holding shall be cooked to a minimum temperature of 135°F.
- Pasteurized eggs or pasteurized egg products shall be substituted for raw shell eggs in the preparation of foods such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages that are not cooked as specified under Section 114004 above, nor included in Section 114093 below.
- Section 114014: Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order may be served at any temperature.
- 114016: (a) Except as specified under subdivisions (b) and (c), potentially hazardous food that is cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of at least 165°F for 15 seconds.
(b) Except as specified under subdivision (c), potentially hazardous food reheated in a microwave oven for hot holding shall be reheated so that all parts of the food reach a temperature of at least 165°F and the food is rotated or stirred, covered, and allowed to stand covered for at least two minutes after reheating.
(c) Ready-to-eat food taken from a commercially processed, hermetically sealed container, or from an intact package from a food processing plant shall be heated to a temperature of at least 135°F for hot holding.
(d) Reheating for hot holding shall be done rapidly, and the time the food is between 41°F and 165°F shall not exceed two hours.
(e) Remaining unsliced portions of roasts that are cooked as specified under Section 114004 may be reheated for hot holding using the oven parameters and minimum time and temperature conditions as specified in Section 114004.
- Section 114018: Frozen foods shall be stored and displayed in their frozen state unless being thawed in accordance with Section 114020.
- Section 114020: Frozen potentially hazardous food shall only be thawed in one of the following ways:
(a) Under refrigeration that maintains the food temperature at 41°F or below.
(b) Completely submerged under potable running water for a period not to exceed two hours at a water temperature of 70°F or below, and with sufficient water velocity to agitate and flush off loose particles into the sink drain.
(c) In a microwave oven if immediately followed by immediate preparation.
(d) As part of a cooking process.
Food from Approved Sources
(a) Food shall be obtained from sources that comply with all applicable laws.
(b) Food stored or prepared in a private home shall not be used or offered for sale in a food facility.
- Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.
(a) Liquid, frozen, and dry eggs and egg products shall be obtained pasteurized.
(b) Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 C.F.R. 135 -Frozen Desserts.
(c) Fluid and dry milk and milk products complying with Grade A standard as specified in law shall be obtained pasteurized.
(d) This section shall not apply to properly labeled prepackaged raw milk and raw milk products obtained from an approved source and dispensed and sold at retail by the food facility in compliance with 17 CCR 11380.
- Section 114025: Ice for use as a food or a cooling medium shall be made from potable water.
- Section 114027: Fish that are received for sale or service shall be commercially and legally caught or harvested.
- Section 114029: (a) Molluscan shellfish shall be obtained from sources according to law or the requirements specified in the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.
(b) Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List.
(c) Molluscan shellfish that are recreationally caught shall not be received for sale or service.
(a) Game animals shall be received from an approved source.
(b) A game animal shall not be received for sale or service if it is a species of wildlife that is listed in 50 C.F.R. 17 Endangered and Threatened Wildlife and Plants or is listed as an endangered or threatened animal by the Department of Fish and Game.
(c) The enforcement agency may approve the use of legally obtained donated fish and game by nonprofit organizations authorized to serve meals to indigent persons.
(1) “Fish,” as used in this subdivision, shall be defined as that term is used in Section 45 of the Fish and Game Code.
(2) “Game,” as used in this subdivision, means any game bird, as defined in Section 3500 of the Fish and Game Code, or game mammal, as defined in Section 3950 of the Fish and Game Code.
Receipt of Food
(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.
(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 135°F 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.
(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.
(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.
Section 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.
(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.
(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.
(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.
(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.
(a) Adequate and suitable space shall be provided for the storage of food.
(b) Except as specified in subdivisions (c), (d), and (e), food shall be protected from contamination by storing the food in a clean, dry location, where it is not exposed to splash, dust, vermin, or other forms of contamination or adulteration, and at least six inches above the floor.
(c) Food in packages and working containers may be stored less than six inches above the floor on case lot handling equipment as specified under Section 114165.
(d) Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to moisture.
(e) Temporary alternate food storage methods and locations may be approved by the local enforcement agency.
- Section114049: Food shall not be stored in any of the following ways:
- In locker rooms.
(b) In toilet rooms.
(c) In dressing rooms.
(d) In refuse rooms.
(e) In mechanical rooms.
(f) Under sewer lines that are not shielded to intercept potential drips.
(g) Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed.
(h) Under open stairwells.
(i) Under other sources of contamination.
- Section 114051: Working containers holding food or food ingredients that are removed from their original packages for use in the food facility, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar, shall be identified with the common name of the food, except that containers holding food that can be readily and unmistakably recognized, such as dry pasta, need not be identified.
(a) Prepackaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container, or its positioning in the ice or water.
(b) Except as specified in subdivisions (c) and (d), nonprepackaged food may not be stored in direct contact with undrained ice.
(c) Whole raw fruits or vegetables, cut raw vegetables, and tofu may be immersed in ice or water.
(d) Raw chicken and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.
(a) Products that are held by the permit-holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-use article.
(b) All returned or damaged food products and food products from which the label has been removed shall be separated and stored in a separate area and in a manner that shall prevent adulteration of other foods and shall not contribute to a vermin problem.
Food Display and Service
(a) Except for nuts in the shell and whole raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging, counter, service line, or sneeze guards that intercept a direct line between the consumer’s mouth and the food being displayed, containers with tight-fitting securely attached lids, display cases, mechanical dispensers, or other effective means.
(b) Nonprepackaged food may be displayed and sold in bulk in other than self-service containers if both of the following conditions are satisfied:
(1) The food is served by a food employee directly to a consumer.
(2) The food is displayed in clean, sanitary, and covered, or otherwise protected, containers.
(a) Raw, nonprepackaged food of animal origin, such as beef, lamb, pork, poultry, and eviscerated fish, shall not be offered for consumer self-service. This subdivision does not apply to the following:
(1) Consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish.
(2) Ready-to-cook individual portions for immediate cooking and consumption on the premises, such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue, or raw, frozen shrimp, lobster, finfish, or scallop abductor muscle, or frozen breaded seafood.
(b) Nonprepackaged food may be displayed in bulk for consumer self-service if all of the following conditions are satisfied:
(1) Produce and food requiring further processing, except raw food of animal origin, may be displayed on open counters or in containers.
(2) Except for salad bar and buffet-type food service, a label shall be conspicuously displayed in plain view of the consumer and securely attached to each self-service container, or in clear relationship to it, and shall contain the information required in Section 114089.
(3) Nonfood items shall be displayed and stored in an area separate from food.
(c) French style, hearth-baked, or hard-crusted loaves and rolls shall be considered properly wrapped if contained in an open-end bag of sufficient size to enclose the loaves or rolls.
(d) Consumer self-service operations for ready-to-eat foods such as buffets and salad bars shall be provided with a suitable food dispensing utensil for each container displayed or effective dispensing methods that protect the food from contamination.
(e) Consumer self-service operations such as buffets and salad bars shall be checked periodically on a regular basis by food employees trained in safe operating procedures.
Notwithstanding Section 114266, this section shall not be construed to require the enclosure, during operating hours, of consumer self-service nonpotentially hazardous bulk beverage dispensing operations that meet the following requirements:
(a) The dispensing operation is installed contiguous with a permanent food facility and is operated by the food facility.
(b) The beverages are dispensed from enclosed equipment that precludes exposure of the beverages until they are dispensed at the nozzles. The dispensing equipment actuating lever or mechanism and filling device of consumer self-service beverage dispensing equipment shall be designed to prevent contact with the lip-contact surface of glasses or cups that are refilled.
(c) Ice and ice product are dispensed only from an ice product dispenser. Ice and ice product are not scooped or manually loaded into a dispenser out-of-doors.
(d) Single-use utensils are protected from contamination and are individually wrapped or dispensed from approved sanitary dispensers.
(e) The dispensing operations have overhead protection that fully extends over all equipment associated with the facility.
(f) During non-operating hours the dispensing operations are fully enclosed so as to be protected from contamination by vermin and exposure to the elements.
(g) The permit-holder of the permanent food facility demonstrates to the enforcement agency that adequate methods are in place to properly clean and sanitize the beverage dispensing equipment.
(h) Beverage dispensing operations are in compliance with Section 113980 and have been approved by the enforcement agency.
(i) Beverage dispensing operations are under the constant and complete control of the person in charge of the permanent food facility who is operating the dispensing equipment.
(a) Satellite food service is restricted to limited food preparation.
(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.
(c) Prior to conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:
(1) All food products that will be handled and dispensed.
(2) The proposed procedures and methods of food preparation and handling.
(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.
(4) How food will be transported to and from the permanent food facility and the satellite
food service operation, and procedures to prevent contamination of foods.
(5) How potentially hazardous foods will be maintained in accordance with Section 113996.
(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.
(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.
(f) Satellite food service operations that handle non-prepackaged food shall be equipped with approved handwashing facilities and ware-washing facilities that are either permanently plumbed or self-contained.
(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative ware-washing facilities.
(h) During non-operating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:
(1) A fully enclosed satellite food service operation
(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure of the elements, ingress of vermin, and temperature abuse.
(3) A fully enclosed permanent food facility.
(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permit-holder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permit-holder.
(j) For purposes of permitting and enforcement, the permit-holder of the permanent food facility and the permit-holder of the satellite food service shall be the same.
- Section 114069:
Only prepackaged non-potentially hazardous food or uncut produce may be displayed or sold outdoors by a food facility if all of the following conditions are satisfied:
(a) Outdoor displays have overhead protection that extends over all food items.
(b) Food items from the outdoor display are stored inside the fully enclosed food facility at all times other than during business hours.
(c) Outdoor displays comply with Section 113980 and have been approved by the enforcement agency.
(d) Outdoor displays are under the control of the permit-holder of the fully enclosed food facility and are checked periodically on a regular basis.
- Section 114073:
Bulk milk container dispensing tubes shall be cut on the diagonal leaving no more than one inch protruding from the chilled dispensing head. If tableware is preset, exposed, and unused, extra settings shall either be removed when a consumer is seated or cleaned and sanitized before further use.
(a) Except for refilling a consumer’s drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees shall not use tableware, including single-use articles, soiled by the consumer, to provide second portions or refills.
(b) Except as specified in subdivision (d), self-service consumers shall not be allowed to use soiled tableware, including single-use articles, to obtain additional food from the display and serving equipment.
(c) Consumers shall be notified that clean tableware is to be used when they return to selfservice areas such as salad bars and buffets.
(d) Drinking cups and containers may be reused by self-service consumers if refilling of a consumer’s drinking cup is done without contact between the pouring utensil and the lip contact area of the cup or container.
(e) Personal take-out beverage containers, such as thermally insulated bottles, non-spill coffee cups, and promotional beverage glasses, may be refilled by employees or the consumer if refilling is a contamination-free process as specified in subdivision (a).
Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual packages or portions.
(a) Except as specified in subdivision (b), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption.
(b) A container of food that is not potentially hazardous may be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine, or if the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.
(a) Single-use articles and cleaned and sanitized multiservice utensils shall be handled, displayed, and dispensed so that contamination of food and lip-contact surfaces is prevented.
(b) Knives, forks, and spoons that are not prewrapped shall be presented so that only the handles are touched by employees, and by consumers if consumer self-service is provided.
(c) Except as specified under subdivision (b), single-use articles that are intended for food or lip-contact shall be furnished for consumer self-service with the original individual wrapper intact or from an approved dispenser.
(d) Single-use articles shall not be reused.
- Soiled tableware shall be removed from consumer eating and drinking areas and handled so that clean tableware, food, and food-contact surfaces are not contaminated.
Cleaning and Sanitizing of Equipment and Utensils
All food facilities in which food is prepared or in which multiservice utensils and equipment are used shall provide manual methods to effectively clean and sanitize utensils as
specified in Section 114099.
Equipment food-contact surfaces and multiservice utensils shall be effectively washed to remove or completely loosen soils by the use of manual or mechanical methods necessary, such as the application of detergents containing wetting agents and emulsifiers, acid, alkaline, or abrasive cleaners, hot water, brushes, scouring pads, high pressure sprays, or ultrasonic devices.
(a) Manual ware-washing sinks, except as specified in subdivision (c), shall have at least three compartments with two integral metal drainboards for manually washing, rinsing, and sanitizing equipment and utensils.
(b) Sink compartments shall be large enough to accommodate immersion of the largest equipment and utensils. If equipment or utensils are not designed to be washed in a warewashing sink, alternate approved methods as specified in Section 114099.3 shall be followed.
(c) A two compartment sink that is in use on January 1, 1996, need not be replaced when used as specified in Section 114099.3. The enforcement officer shall approve the continued use of a two-compartment sink even upon replacement if the installation of a three-compartment sink would not be readily achievable and where other approved sanitation methods are used.
(a) During manual or mechanical ware-washing, food debris on equipment and utensils shall be scraped over a waste disposal unit, scupper, or garbage receptacle.
(b) If necessary for effective cleaning, utensils and equipment shall be preflushed, presoaked, or scrubbed with abrasives.
(a) Notwithstanding Section 114099, manual warewashing shall be accomplished by using a three-compartment sink.
(b) The temperature of the washing solution shall be maintained at not less than 100°F or the temperature specified by the manufacturer on the cleaning agent manufacturer’s label instructions or as provided in writing by the manufacturer.
(c) The utensils shall then be rinsed in clear water before being immersed in a sanitizing solution.
(d) Manual sanitization shall be accomplished as specified in Section 114099.6.
(e) In-place sanitizing shall be accomplished as specified in Section 114099.6.
(f) Other methods may be used if approved by the enforcement agency.
114099.3. Alternative manual ware-washing equipment may be used when there are special cleaning needs or constraints, such as when equipment is fixed or the utensils are large, and the enforcement agency has approved the use of the alternative equipment. Alternative manual ware-washing equipment may include any of the following:
(a) High-pressure detergent sprayers.
(b) Low-or-line pressure spray detergent foamers.
(c) Other task-specific cleaning equipment.
(d) Brushes or other implements.
(e) (1) A two-compartment sink, if the permit-holder limits the number of utensils cleaned and sanitized in the two-compartment sink, limits ware-washing to batch operations for cleaning and sanitizing utensils, such as between cutting one type of raw meat and another or cleanup at the end of a shift, and does either of the following:
(A) Makes up the cleaning and sanitizing solutions immediately before use and drains them immediately after use, as well as uses a detergent sanitizer to clean and sanitize in accordance with the manufacturer’s label instructions where there is no distinct water rinse between the washing and sanitizing steps. The agent applied in the sanitizing step shall be the same detergent sanitizer that is used in the washing step.
(B) Use a hot water sanitization immersion step that incorporates a non-distinct water rinse.
(2) A two-compartment sink shall not be used for ware-washing operations where cleaning and sanitizing solutions are used for a continuous or intermittent flow of utensils in an ongoing ware-washing process.
If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the sink shall be designed with an integral heating device that is capable of maintaining water at a temperature not less than 171°F and provided with a rack or basket to allow complete immersion of equipment and utensils into the hot water.
In manual ware-washing operations, a temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures.
Manual sanitization shall be accomplished in the final sanitizing rinse by one of the following:
(a) Immersion for at least 30 seconds where the water temperature is maintained at 171°F or above.
(b) The application of sanitizing chemicals by immersion, manual swabbing, or brushing, using one of the following solutions:
(1) Contact with a solution of 100 ppm available chlorine solution for at least 30 seconds.
(2) Contact with a solution of 25 ppm available iodine for at least one minute.
(3) Contact with a solution of 200 ppm quaternary ammonium for at least one minute.
(4) Contact with a solution of ozone that meets the requirements of Section 180.940 of Title 40 of the Code of Federal Regulations and that is generated by a device located onsite at the food facility that meets all of the following requirements:
(A) Complies with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec.
136 et seq.).
(B) Complies with federal device requirements as specified in Section 152.500 of Title 40 of the Code of Federal Regulations, and federal labeling requirements as specified in Section
156.10 of Title 40 of the Code of Federal Regulations.
(C) Displays the United States Environmental Protection Agency device manufacturing facility registration number on the device.
(D) Is operated and maintained in accordance with the manufacturer’s instruction, and manufactured using good manufacturing practices as specified in Part 110 of Title 21 of the Code of Federal Regulations.
(5) Contact with any chemical sanitizer that meets the requirements of Section 180.940 of Title 40 of the Code of Federal Regulations when used in accordance with the manufacturer’s use directions.
(c) Other methods approved by the enforcement agency.
Mechanical sanitization shall be accomplished in the final sanitizing rinse by one of the following:
(a) By being cycled through equipment that is used in accordance with the manufacturer’s specifications and achieving a utensil surface temperature of 160 °F as measured by an irreversible registering temperature indicator.
(b) The mechanical application of sanitizing chemicals by pressure spraying methods using one of the following solutions:
(1) Contact with a solution of 50 ppm available chlorine solution for at least 30 seconds.
(2) Contact with a solution of 25 ppm available iodine for at least one minute.
(3) Contact with any chemical sanitizer that meets the requirements of Section 180.940 of Title 40 of the Code of Federal Regulations when used in accordance with the following:
(A) The sanitizer manufacturer’s use directions as specified on the product label.
(B) The machine manufacturer’s specifications as provided in the manufacturers operating instructions.
(c) After being cleaned and sanitized, equipment and utensils shall not be rinsed before air drying or use unless:
(1) The rinse is applied directly from a potable water supply by a ware-washing machine that meets the requirements of subdivision (b) of Section 114130 and is maintained and operated in accordance with the manufacturer’s specifications.
(2) The rinse is applied only after the equipment and utensils have been sanitized by the application of hot water or by the application of a chemical sanitizer solution whose United States Environmental Protection Agency-registered, label use instructions require rinsing off the sanitizer after it is applied in an approved commercial ware-washing machine.
(a) Mechanical machine ware-washing shall be accomplished by using an approved machine installed and operated in accordance with the manufacturer’s specifications.
(b) Soiled items to be cleaned in a ware-washing machine shall be loaded in racks, trays, or baskets or onto conveyors in a position that exposes the items to the unobstructed spray during all cycles and allows the items to drain.
(c) The velocity, quantity, and distribution of the wash water, type, and concentration of detergent used therein, and the time the utensils are exposed to the water shall be sufficient to clean the utensils.
(d) Restricted food service facilities need not comply with Section 114130 if the domestic or commercial dishwasher utilized for ware-washing is capable of providing heat to the surface of the utensils of a temperature of at least 160°F.
A ware-washing machine shall be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the machine’s design and operating specifications including the temperatures required for washing, rinsing, and sanitizing, the pressure required for the fresh water sanitizing rinse, unless the machine is designed to use only a pumped sanitizing rinse, and the conveyor speed for conveyor machines or cycle time for stationary rack machines.
A ware-washing machine shall be equipped with a temperature-measuring device that indicates the temperature of the water as the water enters the hot water sanitizing final rinse manifold or in the chemical sanitizing solution tank.
(a) Except as provided in subdivisions (b) and (c), all ware-washing equipment shall be provided with two integral metal drain boards of adequate size and construction. One drain board shall be attached at the point of entry for soiled equipment and utensils and one shall be attached at the point of exit for cleaned and sanitized equipment and utensils.
(b) Where an under-counter ware-washing machine is used, there shall be two metal drain boards, one for soiled equipment and utensils, and one for clean equipment and utensils, located adjacent to the machine. This requirement may be satisfied by using the drain boards that are part of the manual ware-washing sinks if the facilities are located adjacent to the machine.
(c) Pot and pan washers shall be equipped with drain boards as required in subdivision (a), or shall be equipped with approved alternative equipment that provides adequate and suitable space for soiled and clean equipment and utensils.
(d) Drain boards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary utensil holding before cleaning and after sanitizing.
(e) Sinks and drain boards of ware washing equipment shall be sloped and drained to an approved liquid waste receptor.
After cleaning and sanitizing, equipment and utensils shall be air dried or used after adequate draining before contact with food and shall not be cloth dried, except that utensils that have been air-dried may be polished with cloths that are maintained clean and dry.
(a) Testing equipment and materials shall be provided to adequately measure the applicable sanitization method used during manual or mechanical ware-washing.
(b) The concentration of the sanitizing solution shall be accurately determined to ensure proper dosage.
(a) Drying agents used in conjunction with sanitization shall contain only components that are listed as one of the following:
(1) Generally Recognized as Safe for use in food as specified in 21 C.F.R. 182 – Substances Generally Recognized as Safe, or 21 C.F.R. 184 – Direct Food Substances Affirmed as Generally Recognized as Safe.
(2) Generally Recognized as Safe for the intended use as specified in 21 C.F.R. 186 – Indirect Food Substances Affirmed as Generally Recognized as Safe.
(3) Approved for use as a drying agent under a prior sanction specified in 21 C.F.R. 181 – Prior-Sanctioned Food Ingredients.
(4) Specifically regulated as an indirect food additive for use as a drying agent as specified in 21 C.F.R. 175 -178, inclusive.
(5) Approved for use as a drying agent under the threshold of regulation process established by 21 C.F.R. 170.39.
(b) When sanitization is with chemicals, the approval required under paragraph (3) or (5) of subdivision (a) or the regulation as an indirect food additive required under paragraph (4) of subdivision (a), shall be specifically for use with chemical sanitizing solutions.
(a) If used, dry cleaning methods such as brushing, scraping, and vacuuming shall contact only surfaces that are soiled with dry non-potentially hazardous food residues.
(b) Cleaning equipment used in dry cleaning food-contact surfaces shall not be used for any other purpose.
Food shall only contact surfaces of equipment and utensils that are cleaned and sanitized.
(a) Equipment food-contact surfaces and utensils shall be clean to sight and touch.
(b) The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations.
(c) Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.
(d) Equipment shall be reassembled so that food-contact surfaces are not contaminated.
(a) Equipment food-contact surfaces and utensils shall be cleaned and sanitized at the following times:
(1) Except as specified in subdivision (b), before each use with a different type of raw food of animal origin such as beef, fish, lamb, pork, or poultry.
(2) Each time there is a change from working with raw foods to working with ready-to-eat foods.
(3) Between uses with raw produce and with potentially hazardous food.
(4) Before using or storing a food temperature measuring device.
(5) At any time during the operation when contamination may have occurred.
(b) Paragraph (1) of subdivision (a) does not apply if the food contact surface or utensil is in contact with a succession of different raw foods of animal origin, each requiring a higher cooking temperature as specified in Section 114004 than the previous food, such as preparing raw fish followed by cutting raw poultry on the same cutting board.
(c) Except as specified in subdivision (d), if used with potentially hazardous food, equipment food-contact surfaces and utensils shall be cleaned and sanitized throughout the day at least every four hours.
(d) Surfaces of utensils and equipment contacting potentially hazardous food may be cleaned and sanitized less frequently than every four hours if any of the following occurs:
(1) In storage, containers of potentially hazardous food and their contents are maintained at temperatures as specified in Section 113996 and the containers are cleaned and sanitized when they are empty.
(2) Utensils and equipment are used to prepare food in a refrigerated room or area that is maintained at or below 55°F. In that case, the utensils and equipment shall be cleaned and sanitized at the frequency that corresponds to the temperature as depicted in the following chart and the cleaning frequency based on the ambient temperature of the refrigerated room or area shall be documented and records shall be maintained in the food facility and made available to the enforcement agency upon request:
# Temperature 41°F or less requires a Cleaning Frequency of 24 hours.
# Temperature > 41°F – 45°F requires a Cleaning Frequency of 20 hours.
# Temperature > 45°F – 50°F requires a Cleaning Frequency of 16 hours.
# Temperature > 50°F – 55°F requires a Cleaning Frequency of 10 hours.
(3) Containers in serving situations such as salad bars, delis, and cafeteria lines hold ready-to-eat potentially hazardous food that is maintained at the temperatures specified in subdivisions (a) to (c), inclusive, of Section 113996 are intermittently combined with additional supplies of the same food that is at the required temperature, and the containers are cleaned and sanitized at least every 24 hours. Utensils and containers holding potentially hazardous foods in accordance with subdivision (d) of Section 113996 are cleaned when they are empty or when the remaining contents are disposed of.
(4) Temperature measuring devices are maintained in contact with food, such as when left in a container of deli food or in a roast, held at temperatures specified in Sections 113996 and 114004.
(5) Equipment is used for storage of packaged or unpackaged food, such as a reach-in refrigerator, and the equipment is cleaned at a frequency necessary to preclude accumulation of soil residues.
(6) The cleaning schedule is approved based on consideration of characteristics of the equipment and its use, the type of food involved, the amount of food residue accumulation, and the temperature at which the food is maintained during the operation and the potential for the rapid and progressive multiplication of pathogenic or toxigenic micro-organisms that are capable of causing food-borne disease.
(7) In-use utensils are intermittently stored in a container of water in which the water is maintained at 135°F or higher and the utensils and container are cleaned and sanitized at least every 24 hours or at a frequency necessary to preclude accumulation of soil residues.
(e) Except when dry cleaning methods are used as specified in Section 114111, surfaces of utensils and equipment contacting food that is not potentially hazardous shall be cleaned and sanitized in any of the following circumstances:
(1) At any time when contamination may have occurred.
(2) At least every 24 hours for iced tea dispensers and consumer self-service utensils such as tongs, scoops, or ladles.
(3) Before restocking consumer self-service equipment and utensils such as condiment dispensers and display containers.
(4) In equipment such as ice bins and beverage dispensing nozzles and enclosed components of equipment such as ice makers, cooking oil storage tanks and distribution lines,
beverage and syrup dispensing lines or tubes, coffee bean grinders, and water vending equipment, at a frequency specified by the manufacturer, or, absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold.
- Section 114118:
Fabric implements shall be laundered and sanitized before or after use in direct contact with food.
- Section 114119: During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored in the following manner:
(a) Except as specified under subdivision (b), in the food with their handles above the top of the food and the container.
(b) In food that is not potentially hazardous, with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon.
(c) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under Section 114117.
(d) In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes.
(e) In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not potentially hazardous.
(f) In a container of water if the water is maintained at a temperature of at least 135°F and the container is cleaned at least every 24 hours or at a frequency necessary to preclude the accumulation of soil residues.
(a) Except as specified in subdivisions (b) and (c), returned empty containers intended for refilling with food or beverage shall be cleaned and refilled in an approved facility.
(b) Consumer-owned containers returned to the food facility for refilling may be refilled and returned to the same consumer if the container is refilled by an employee of the food facility or the owner of the container if the dispensing system includes a contamination free transfer process that cannot be bypassed by the container owner.
(c) Consumer-owned containers that are not food specific may be filled at a water vending machine or system.
- Section 114123:
Except as specified in Section 114125, food preparation sinks, handwashing, lavatories, and warewashing equipment shall not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes.
(a) A ware-washing sink shall not be used for handwashing except in food facilities that were not constructed or extensively remodeled since January 1, 1996, and where there are no facilities exclusively for handwashing in food preparation areas.
(b) If a ware-washing sink is used to wash wiping cloths, wash produce, or thaw food, the sink shall be cleaned and sanitized before and after each time it is used to wash wiping cloths or wash produce or thaw food.
Equipment, Utensils, and Linens
Design and Construction:
- Section 114130:(a) Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.
(b) Except as specified in subdivision (c), all new and replacement food-related and utensil-related equipment shall be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program. In the absence of an applicable ANSI certified sanitation standard, food-related and utensil-related equipment shall be evaluated for approval by the enforcement agency.
(c) Restricted food service facilities need not comply with subdivision (b), depending on the extent of the food service activities, and if the enforcement officer determines that the equipment meets the characteristics of subdivision (a).
(d) All new and replacement electrical appliances shall meet applicable Underwriters Laboratories standards for electrical equipment as determined by an ANSI accredited certification program.
Materials that are used in the construction of utensils and food-contact surfaces of equipment shall not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions shall be safe, durable, corrosion-resistant, and nonabsorbent, sufficient in weight and thickness to withstand repeated ware-washing, finished to have a smooth, easily cleanable surface, and resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition.
Materials that are used to make single-use articles shall not allow the migration of deleterious substances or impart colors, odors, or tastes to food, and shall be safe and clean.
(a) Multiuse food-contact surfaces shall be all of the following:
(2) Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections.
(3) Free of sharp internal angles, corners, and crevices.
(4) Finished to have smooth welds and joints.
(5) Except as specified in subdivision (b), accessible for cleaning and inspection by one of the following methods:
(A) Without being disassembled.
(B) By disassembling without the use of tools.
(C) By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel such as screwdrivers, pliers, open-end wrenches, and Allen wrenches.
(b) Paragraph (5) of subdivision (a) shall not apply to cooking oil storage tanks, distribution lines for cooking oils, or beverage syrup lines or tubes.
Nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning shall be constructed of a corrosion-resistant, nonabsorbent, and smooth material that allows easy cleaning and to facilitate maintenance and free of unnecessary ledges, projections, and crevices to allow for easy cleaning and to facilitate maintenance.
(a) Except for CIP equipment in operation before the effective date of this part, CIP equipment shall meet the characteristics of a food contact surface and shall be designed and constructed so that cleaning and sanitizing solutions circulate throughout a fixed system and contact all interior food-contact surfaces and the system is self-draining or capable of being completely drained of cleaning and sanitizing solutions.
(b) CIP equipment that is not designed to be disassembled for cleaning shall be designed with inspection access points to ensure that all interior food-contact surfaces throughout the fixed system are being effectively cleaned.
Materials that are used in fabric implements shall not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions shall be safe, durable, and sufficient in strength to withstand repeated cleaning or laundering and shall be resistant to fraying and deterioration.
(a) Except as specified in this section, wood and wood wicker shall not be used as a food-contact surface.
(b) Hard maple or an equivalently hard, close-grained wood may be used for cutting boards, cutting blocks, bakers’ tables, utensils such as rolling pins, doughnut dowels, salad bowls, and chopsticks, wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of 230°F or above, and cedar planks used for grilling or baking seafood.
(c) Whole, uncut, raw fruits and vegetables and nuts in the shell may be kept in wood shipping containers until the fruits, vegetables, or nuts are used.
(d) When wood or wood shipping containers become cracked, splintered, or otherwise damaged, they shall be refurbished or replaced.
(a) Except as specified in subdivision (b), copper and copper alloys such as brass may not be used in contact with a food that has a pH below six, such as vinegar, fruit juice, or wine, or for a fitting or tubing installed between a backflow prevention device and a carbonator.
(b) Copper and copper alloys may be used in contact with beer brewing ingredients that have a pH below six in the pre-fermentation and fermentation steps of a beer brewing operation, such as a brewpub or microbrewery.
- Section 114135: Sponges shall not be used in contact with cleaned and sanitized or in-use food-contact surfaces.
- Section 114137: Except for hot oil cooking or filtering equipment, “V” type threads shall not be used on food-contact surfaces.
- Section 114139: Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement.
Lubricants shall be applied to food-contact surfaces that require lubrication in a manner that does not contaminate food or food-contact surfaces. Equipment shall be reassembled after lubrication so that food contact surfaces are not contaminated. Only approved food grade lubricants shall be used for this purpose.
Notwithstanding any of the provisions of this part, neither the department nor any city, county, city and county air pollution control district, or air quality management district shall require the enclosure of an open-air barbecue or outdoor wood-burning oven if the enforcement officer determines that the barbecue or wood-burning oven meets all of the following requirements:
(a) The open-air barbecue or outdoor wood-burning oven is operated on the same premises as, in reasonable proximity to, and in conjunction with, a permanent food facility that is approved for food preparation, or a temporary food facility or a mobile food facility that is operating at a community event. The permit-holder of the permanent food facility, temporary food facility or mobile food facility shall be deemed to be the permit-holder of the open-air barbecue or outdoor wood-burning oven, and shall be responsible for ensuring that it is operated in full compliance with this part.
(b) The open-air barbecue or outdoor wood-burning oven is not operated in, or out of, any motor vehicle, or in any area or location that may constitute a fire hazard, as determined by the enforcement officer.
(c) The open-air barbecue or outdoor wood-burning oven is separated from public access to
prevent food contamination or injury to the public by using ropes or other approved methods.
(d) If the open-air barbecue or outdoor wood-burning oven is a permanent structure, it shall be equipped with an impervious and easily cleanable floor surface that extends a minimum of five feet from the open-air barbecue or outdoor wood-burning oven facility on all open sides.
(e) Sanitary facilities, including, but not limited to, toilet facilities and handwashing facilities shall be available for use within 200 feet in travel distance of the open-air barbecue or outdoor wood-burning oven and shall comply with all provisions of this part.
(a) All areas of a food facility shall have sufficient ventilation to facilitate proper food and to provide a reasonable condition of comfort for each employee, consistent with the job performed by the employee.
(b) Toilet rooms shall be vented to the outside air by means of an openable, screened window, an air shaft, or a light-switch-activated exhaust fan, consistent with the requirements of local building codes.
(a) Mechanical exhaust ventilation equipment shall be provided over all cooking equipment as required to effectively remove cooking odors, smoke, steam, grease, heat, and vapors. All mechanical exhaust ventilation equipment shall be installed and maintained in accordance with the California Mechanical Code, except that for units subject to Part 2 (commencing with Section 18000) of Division 13, an alternative code adopted pursuant to Section 18028 shall govern the construction standards.
(b) Restricted food service facilities shall be exempt from subdivision (a), but shall still provide ventilation to remove gases, odors, steam, heat, grease, vapors and smoke from the food facility. In the event that the enforcement officer determines that the ventilation must be mechanical in nature, the ventilation shall be accomplished by methods approved by the enforcement agency.
(c) This section shall not apply to cooking equipment when the equipment has been submitted to the local enforcement agency for evaluation, and the local enforcement agency has found that the equipment does not produce toxic gases, smoke, grease, vapors, or heat when operated under conditions recommended by the manufacturer. The local enforcement agency may recognize a testing organization to perform any necessary evaluations.
(d) Makeup air shall be provided at the rate of that exhausted.
(a) Every hood shall be installed to provide for thorough cleaning of all interior and exterior surfaces, including, but not limited to, the hood, filters, piping, lights, troughs, hangers, flanges, and exhaust ducts.
(b) Exhaust ventilation hood systems in food preparation and warewashing areas, including components such as hoods, fans, guards, and ducting, shall be designed to prevent grease or condensation from draining or dripping onto food, equipment, utensils, linens, and single-use articles.
(c) Filters or other grease extracting equipment shall be designed to be readily removable for cleaning and replacement if not designed to be cleaned in place.
(d) Every joint and seam shall be substantially tight. No solder shall be used, except for sealing a joint or seam.
(e) When grease gutters are provided they shall drain to a collecting receptacle fabricated, designed, and installed to be readily accessible for cleaning.
(f) Exhaust hood ducting shall meet the following requirements:
(1) All seams in the duct shall be completely tight to prevent the accumulation of grease.
(2) The ducts shall have sufficient clean-outs to make the ducts readily accessible for cleaning.
(3) All ducts in the exhaust system shall be properly sloped.
(4) Intake and exhaust air ducts shall be cleaned and filters changed so they are not a source of contamination by dust, dirt, and other materials.
Heating, ventilating, and air conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of food, food-contact surfaces, equipment, or utensils and do not create air currents that cause difficulty in maintaining the required temperatures of potentially hazardous foods.
Location and Installation
Equipment for cooling and heating food and for holding cold and hot food shall be sufficient in number and capacity to ensure proper food temperature control during transportation and operation as specified in Section 113996.
(a) A thermometer shall be provided for each refrigeration unit.
(b) The thermometer shall be located to indicate the air temperature in the warmest part of the unit and, except for vending machines, shall be affixed to be readily visible.
(c) Except as specified in subdivision (d), cold or hot holding equipment used for potentially hazardous food shall be designed to include and shall be equipped with at least one integral or permanently affixed temperature measuring device that is located to allow easy viewing of the device’s temperature display. Alternative hot or cold holding equipment can be equipped with approved product mimicking sensors placed in devices located in the warmest part of the mechanically refrigerated unit in lieu of an ambient air sensor.
(d) Subdivision (c) shall not apply to equipment for which the placement of a temperature measuring device is not a practical means for measuring the ambient air surrounding the food because of the design, type, and use of the equipment, such as calrod units, heat lamps, cold plates, bainmaries, steam tables, insulated food transport containers, and salad bars.
(e) Temperature measuring devices shall be easily readable and have a numerical scale, printed record, or digital readout in increments no greater than 2°F or over the intended range of use.
(a) Except for vending machines, an accurate, easily readable, metal probe thermometer suitable for measuring the temperature of food shall be readily available on the premises of each food facility holding potentially hazardous food.
(b) A food temperature measuring device with a suitable small-diameter probe that is designed to measure the temperature of thin masses shall be provided and readily accessible to accurately measure the temperature in thin foods such as meat patties and fish fillets.
(c) Food temperature measuring devices that are scaled only in Fahrenheit shall be accurate to +/-2 °F in the intended range of use. Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit shall be accurate to +/-1°C in the intended range of use.
(d) Food temperature measuring devices shall not have sensors or stems constructed of
glass, except that thermometers with glass sensors or stems that are encased in a shatterproof coating, such as candy thermometers, may be used.
(e) Food temperature measuring devices shall be calibrated in accordance with manufacturer’s specifications as necessary to ensure their accuracy.
(a) Except as specified in subdivision (b), equipment, a cabinet used for the storage of food, or a cabinet that is used to store cleaned and sanitized equipment, utensils, laundered linens, and single-use articles shall not be in any of the following locations:
(1) In locker rooms.
(2) In toilet rooms.
(3) In refuse rooms.
(4) In mechanical rooms.
(5) Under sewer lines that are not shielded to intercept potential drips.
(6) Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines
on which water has condensed.
(7) Under open stairwells.
(8) Under other sources of contamination.
(b) If a mechanical clothes washer or dryer is provided, it shall be located so that the washer
or dryer is protected from contamination and located only where there is no exposed food, clean
equipment, utensils, and linens, and unwrapped single-use articles.
(a) Except as specified in subdivision (b), all permanent food facilities that wash, rinse, soak, thaw, or similarly prepare foods shall be provided with a food preparation sink.
(1) The food preparation sink shall have a minimum dimension of 18 inches by 18 inches in length and width and 12 inches in depth with an integral drain board or adjacent table at least 18 inches by 18 inches in length and width.
(2) The food preparation sink shall be located in the food preparation area, provided exclusively for food preparation, and accessible at all times.
(3) The sink shall be equipped with an adequate supply of hot and cold running water through a mixing valve.
(b) (1) Food facilities that were approved for operation without a food preparation sink prior to January 1, 2007, need not provide a food preparation sink unless the food facility makes a menu change or changes their method of operation.
(2) The enforcement officer may approve other methods where the installation of a food preparation sink would not be readily feasible.
- Section 114165: Dollies, pallets, racks, and skids used to store and transport large quantities of prepackaged foods received from a supplier in a cased or overwrapped lot shall be designed to be moved by hand or by conveniently available hand trucks or forklifts.
- Section 114167: Beverage tubing and cold-plate beverage cooling devices shall not be installed in contact with stored ice intended to be used for food or beverages. This section shall not apply to cold plates that are constructed integrally with an ice storage bin.
- Section 114169:
(a) Equipment that is fixed because it is not easily movable shall be installed so that it is:
(1) Spaced to allow access for cleaning along the sides, behind, and above the equipment.
(2) Spaced from adjoining equipment, walls, and ceilings a distance of not more than one millimeter or one thirty-second inch.
(3) Sealed to adjoining equipment or walls, if the equipment is exposed to spillage or seepage.
(b) Except as specified in subdivisions (c) and (d), floor-mounted equipment that is not easily movable shall be sealed to the floor or elevated on legs that provide at least a six-inch clearance between the floor and the equipment.
(c) Notwithstanding subdivision (b), this section shall not apply to display shelving units, display refrigeration units, and display freezer units located in the consumer shopping areas of a food facility if the floor under the units is maintained clean.
(d) Table-mounted equipment that is not easily movable shall be installed to allow cleaning of the equipment and areas underneath and around the equipment by being sealed to the table or elevated on legs that provide at least a four-inch clearance between the table and the equipment.
- Section 114171: Liquid waste drain lines shall not pass through an ice machine or ice storage bin.
- Section 114172: All pressurized cylinders shall be securely fastened to a rigid structure.
Maintenance and Operation
- Section 114175: Equipment and utensils shall be kept clean, fully operative, and in good repair.
- Section 114177: Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being resurfaced.
(a) Except as specified in subdivision (d), cleaned equipment and utensils, laundered linens, and single-use articles shall be stored in a clean, dry location where they are not exposed to splash, dust, or other contamination, and at least six inches above the floor.
(b) Clean equipment and utensils shall be stored as specified in subdivision (a) and shall be stored covered or inverted in a self-draining position that allows air drying.
(c) Single-use articles shall be stored as specified under subdivision (a) and shall be kept in the original protective package or stored by using other means that afford protection from contamination until used.
(d) Items that are kept in closed packages may be stored less than six inches above the floor on dollies, pallets, racks, and skids that are designed as to be easily movable.
(a) Except as specified in subdivision (b), cleaned and sanitized equipment, utensils, laundered linens, and single-use articles shall not be stored in any of the following locations:
(1) In locker rooms.
(2) In toilet rooms.
(3) In refuse rooms.
(4) In mechanical rooms.
(5) Under sewer lines that are not shielded to intercept potential drips.
(6) Under leaking water lines including leaking automatic fire sprinkler heads or under lines on which water has condensed.
(7) Under open stairwells.
(8) Under other sources of contamination.
(b) Laundered linens and single-use articles that are packaged or in a storage compartment may be stored in a locker room.
(a) A reservoir that is used to supply water to a device such as a produce fogger shall be maintained in accordance with manufacturer’s specifications and cleaned in accordance with manufacturer’s specifications or according to the procedures specified in subdivision (b), whichever is more stringent.
(b) Cleaning procedures shall include at least the following steps and shall be conducted at least once a week:
(1) Draining and complete disassembly of the water and aerosol contact parts.
(2) Brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with a suitable detergent solution.
(3) Flushing the complete system with water to remove the detergent solution and particulate accumulation (4) Rinsing by immersing, spraying, or swabbing the reservoir, aerosol tubing, and discharge nozzles with an approved sanitizer as specified in Section 114099.6.
(c) No fogging devices installed after the effective date of this part shall use a reservoir for holding water for fogging, but shall employ water under pressure for fogging or misting of foods.
- Section 114182: Electrical power shall be supplied at all times to operate the approved exhaust, lighting, electric water heaters and refrigeration units, and any other accessories and appliances that may be installed in a food facility.
Water, Plumbing, and Waste
- Section 114189: The enforcement agency may monitor and enforce the potable drinking water standards in the California Safe Drinking Water Act (Chapter 4 commencing with Section 116275) for purposes of enforcing this part and compliance with any requirements with regard to potable water, as defined in Section 113869.
- Section 114189.1: Chemicals used as boiler water additives shall meet the requirements specified in 21 C.F.R. 173.310.
- Section 114190: All plumbing and plumbing fixtures shall be installed in compliance with applicable local plumbing ordinances, shall be maintained so as to prevent any contamination, and shall be kept clean, fully operative, and in good repair.
- Section 114192:
(a) Except as provided in subdivision (d), an adequate, protected, pressurized, potable supply of hot water and cold water shall be provided. Hot water shall be supplied at a minimum temperature of at least 120°F measured from the faucet, unless otherwise specified in this part. The water supply shall be from a water system approved by the health officer or the local enforcement agency.
(b) Any hose used for conveying potable water shall be constructed of nontoxic materials, shall be used for no other purpose, and shall be clearly labeled as to its use. The hose shall be stored and used so as to be kept free of contamination.
(c) The potable water supply shall be protected with a backflow or back siphonage protection device when required by applicable plumbing codes. Exposed piping of a non-potable water system shall be identified so that it is readily distinguishable from piping that carries potable water.
(d) A food facility may provide only warm water if the water supply is used only for handwashing, as required in Section 113953.
(a) Water under pressure shall be permanently plumbed to all fixtures, equipment, and nonfood equipment that are required to use water, except for water supplied to nonpermanent food facilities.
(b) Water under pressure shall be provided at a sufficient level as specified by the Uniform Plumbing Code and manufacturer’s specifications for equipment and fixtures in the food facility.
(a) All steam tables, ice machines and bins, food preparation sinks, ware-washing sinks, display cases, walk-in refrigeration units, and other similar equipment that discharge liquid waste shall be drained by means of indirect waste pipes, and all wastes drained by them shall discharge through an air gap into a floor sink or other approved type of receptor.
(b) Drainage from reach-in refrigeration units shall be conducted in a sanitary manner to a floor sink or other approved device by an indirect connection or to a properly installed and functioning evaporator.
(c) Indirect waste receptors shall be located to be readily accessible for inspection and cleaning.
(d) Ware-washing machines may be connected directly to the sewer immediately downstream from a floor drain, or they may be drained through an approved indirect connection.
(e) Ware-washing sinks in use on January 1, 1996, that are directly plumbed may be continued in use. This section does not require ware-washing sinks to be indirectly plumbed when the local building official determines that the sink should be directly plumbed.
- Section 114193.1: An air gap between the water supply inlet and the flood level rim of the plumbing fixture, equipment, or nonfood equipment shall be at least twice the diameter of the water supply inlet and may not be less than one inch.
- Section 114195: (a) The water source and system shall be of sufficient capacity to meet the peak water demands of the food facility.
(b) Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the food facility.
- Section 114197: Liquid waste shall be disposed of through the approved plumbing system and shall discharge into the public sewerage or into an approved private sewage disposal system.
- Section 114199: Equipment compartments that are subject to accumulation of moisture due to conditions such as condensation, food or beverage drip, or water from melting ice, shall be sloped to an outlet that allows for complete draining.
(a) If provided, a grease trap or grease interceptor shall not be located in a food or utensil handling area unless specifically approved by the enforcement agency.
(b) Grease traps and grease interceptors shall be easily accessible for servicing.
(c) Notwithstanding subdivision (a), those food facilities approved with a grease trap or grease interceptor that are in operation before the effective date of this part are not required to comply with this section.
(a) Each food facility shall be provided with any facilities and equipment necessary to store or dispose of all waste material.
(b) Waste receptacles shall be provided for use by consumers.
(c) A receptacle shall be provided in each area of the food facility or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.
(a) An area designated for refuse, recyclables, returnables, and a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and a public health hazard or nuisance is not created.
(b) Receptacles and waste handling units for refuse, recyclables, and returnables shall not be located so as to create a public health hazard or nuisance or interfere with the cleaning of adjacent space.
- a) All refuse, recyclables, and returnables shall be kept in nonabsorbent, durable, cleanable, leak-proof, and rodent-proof containers and shall be contained so as to minimize odor and insect development by covering with close-fitting lids or placement in a disposable bag that is impervious to moisture and then sealed.
(b) Refuse containers inside a food facility need not be covered during periods of operation.
(c) All refuse shall be removed and disposed of in a sanitary manner as frequently as may be necessary to prevent the creation of a nuisance.
(d) Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.
(e) Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.
- Section 114245.2: Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.
- Section 114245.3: If located within the food facility, a storage area for refuse, recyclables, and returnables shall meet the requirements for floors, walls, ceilings, and vermin exclusion as specified in this part.
- Section 114245.4: If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable, and sloped to drain.
- Section 114245.5: Receptacles and waste handling units for refuse and recyclables shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.
(a) Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and wastewater shall be disposed of as specified under Section 114241.
(b) Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents.
(a) Except as specified in subdivision (b), suitable cleaning implements and supplies such as high pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.
(b) If approved, off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.
Clean toilet rooms in good repair shall be provided and conveniently located and accessible for use by employees during all hours of operation. The number of toilet facilities required shall be in accordance with applicable local building and plumbing ordinances. Toilet tissue shall be provided in a permanently installed dispenser at each toilet.
(a) Food facilities located within amusement parks, stadiums, arenas, food courts, fairgrounds, and similar premises shall not be required to provide toilet facilities for employee use within each food facility if approved toilet facilities are located within 200 feet in travel distance of each food facility and are readily available for use by employees. Food facilities subject to this section shall be provided with approved handwashing facilities for employee use.
(b) Notwithstanding subdivision (a), food facilities approved prior to the effective date of this part with toilet facilities within 300 feet are not required to meet the 200 foot requirement.
Vermin and Animals
A food facility shall at all times be constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects.
- Section 114259.1: The premises of each food facility shall be kept free of vermin.
Passthrough window service openings shall be limited to 216 square inches each. The service openings shall not be closer together than 18 inches. Each opening shall be provided with a solid or screened window, equipped with a self-closing device. Screening shall be at least 16 mesh per square inch. Pass through windows of up to 432 square inches are approved if equipped with an air curtain device. The counter surface of the service openings shall be smooth and easily cleanable.
(a) Insect control devices that are used to electrocute or stun flying insects shall be designed to retain the insect within the device.
(b) Insect control devices shall be installed so that the devices are not located over a food or utensil handling area and dead insects and insect fragments are prevented from being impelled onto or falling on non-prepackaged food, clean equipment, utensils, linens, and unwrapped single-use articles.
(a) Except as specified in subdivision (b), food employees shall not care for or handle animals that may be present, such as patrol dogs, service animals, or pets that are allowed as specified in subdivision (b) of Section 114259.5.
(b) Food employees with service animals may handle or care for their service animals if they wash their hands as required in this part. Food employees may handle or care for fish in aquariums or molluscan shellfish or crustacea in display tanks if they wash their hands as required in this part.
(a) Except as specified in subdivision (b), live animals may not be allowed in a food facility.
(b) Live animals may be allowed in any of the following situations if the contamination of food, clean equipment, utensils, linens, and unwrapped single-use articles cannot result:
(1) Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacean in display tank systems.
(2) Animals intended for consumption if the live animals are kept separate from all food and utensil handling areas, are held in sanitary conditions, are slaughtered in a separate room designed solely for that purpose and separated from other food and utensil handling areas, and maintained in an area that has ventilation separate from food and utensil handling areas.
(3) Dogs under the control of a uniformed law enforcement officer or of uniformed employees of private patrol operators and operators of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while those employees are acting within the course and scope of their employment as private patrol persons.
(4) In areas that are not used for food preparation and that are usually open for consumers, such as dining and sales areas, service animals that are controlled by a disabled employee or person, if a health or safety hazard will not result from the presence or activities of the service animal.
(5) Pets in the common dining areas of restricted food service facilities at times other than during meals if all of the following conditions are satisfied:
(A) Effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas.
(B) Condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present.
(C) Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service.
(6) In areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly restricted, such as in a variety store that sells pets or a tourist park that displays animals.
(7) If kept at least 20 feet (6 meters) away from any mobile food facility, temporary food facility, or certified farmers’ market.
(c) Those persons and operators described in paragraphs (3) and (4) are liable for any damage done to the premises or facilities by the dog.
(d) Live or dead fish bait may be stored if contamination of food, clean equipment, utensils, linens, and unwrapped single-use articles cannot result.
(a) A permanent food facility shall provide clean toilet facilities in good repair for use by employees.
(b) (1) A permanent food facility shall provide clean toilet facilities in good repair for consumers, guests, or invitees when there is onsite consumption of foods or when the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space.
(2) Notwithstanding Section 113984.1, toilet facilities that are provided for use by consumers, guests, or invitees shall be in a location where consumers, guests, and invitees do not pass through food preparation, food storage, or utensil washing areas to reach the toilet facilities.
(3) For purposes of this section, a building subject to paragraph (1) that has a food facility with more than 20,000 square feet of floor space shall provide at least one separate toilet facility for men and one separate toilet facility for women.
(4) For purposes of this section, the gas pump area of a service station that is maintained in conjunction with a food facility shall not be considered as property used in connection with the food facility or be considered in determining the square footage of floor space of the food facility.
(c) (1) Toilet rooms shall be separated by well-fitted, self-closing doors that prevent the passage of flies, dust, or odors.
(2) Toilet room doors shall be kept closed except during cleaning and maintenance operations.
(d) Handwashing facilities, in good repair, shall be provided as specified in Sections 113953 and 113953.3.
(e) Any city, county, or city and county may enact ordinances that are more restrictive than this section.
(f) (1) Except as provided in paragraph (1) of subdivision (b), any building that is constructed before January 1, 2004, that has a food facility that provides space for the consumption of food on the premises shall either provide clean toilet facilities in good repair for consumers, guests, or invitees on property used in connection with, or in, the food facility or prominently post a sign within the food facility in a public area stating that toilet facilities are not provided.
(2) The first violation of paragraph (1) shall result in a warning. Subsequent violations shall constitute an infraction punishable by a fine of not more than two hundred fifty dollars ($250).
(3) The requirements of this section for toilet facilities that are accessible to consumers, guests, or invitees on the property may be satisfied by permitting access by those persons to the toilet and handwashing facilities that are required by this part.
(a) Every food facility shall maintain on the premises the label for any food or food additive that is, or includes, any fat, oil, or shortening, for as long as this food or food additive is stored, distributed, or served by, or used in the preparation of food within, the food facility. The label described in this subdivision refers to the label that is required by applicable federal and state law to be on the food or food additive at the time of purchase by the food facility.
(b) (1) Commencing January 1, 2010, no oil, shortening, or margarine containing artificial trans fat for use in spreads or frying, except for the deep frying of yeast dough or cake batter, may be stored, distributed, or served by, or used in the preparation of any food within, a food facility.
(2) Commencing January 1, 2011, no food containing artificial trans fat, including oil and shortening that contains artificial trans fat for use in the deep frying of yeast dough or cake batter, may be stored, distributed, or served by, or used in the preparation of any food within, a food facility.
(c) Subdivision (b) shall not apply to food sold or served in a manufacturer’s original, sealed package.
(d) For purposes of this section, a food contains artificial trans fat if the food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving.
(e) This section shall not apply to public elementary, middle, junior high, or high school cafeterias.
(f) Notwithstanding Section 114395, a violation of this section shall be punishable by a fine of not less than $25 or more than $1,000.
• Orange County Grand Jury (www.ocgrandjury.org)