Retail food facilities.

(1) The California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities, including mobile food facilities and satellite food service, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing this code. A violation of these provisions is punishable as a misdemeanor. The code defines an "egg" to mean the shell egg of a domesticated chicken, turkey, duck, goose, or guinea. This bill would revise this definition to include the shell egg of an avian species, as specified, except a balut and an egg product. This bill would define cold water and frozen food for purposes of the code. The code defines a "major violation" to mean a violation of the code that poses an imminent health hazard and warrants immediate closure action. This bill would instead apply this definition to a violation that may pose such a health hazard and warrant these actions. (2) The code exempts from its provisions premises set aside for wine tasting. This bill would revise this exemption, as specified. (3) The code exempts from its provisions child day care facilities, community care facilities, residential care facilities for the chronically ill, and residential care facilities for the elderly. The code requires, if and when a specific appropriation is made available, the State Department of Social Services to develop new regulations regarding food preparation provisions for child day care facilities, community care facilities, and residential care facilities for the elderly. This bill would make technical, nonsubstantive changes to these provisions. (4) The code defines prepackaged food as any properly labeled processed food, prepackaged to prevent direct human contact with the food product upon distribution from the manufacturer and prepared at an approved source. This bill would revise this definition to include distribution from a food facility or other approved source. (5) The code defines a produce stand to mean a permanent food facility that sells, offers for sale, or gives away only produce or shell eggs, or both. This bill would exclude from this definition certain premises operated by a producer. It would also revise the definition of vermin, as specified. This bill would additionally define a "single operating site mobile food facility" for purposes of the California Retail Food Code, and impose various requirements on these facilities. The bill would revise various standards applicable to mobile food facilities and satellite food service, with respect to water storage, contamination prevention, and construction standards. (6) The code requires a local health officer, when notified of an illness that can be transmitted by food or a food employee of a food facility, to inform the local enforcement agency. This bill would instead require the local enforcement agency to be informed when the local health officer is notified of an illness that can be transmitted by any employee of a food facility. By increasing duties of local officials, this bill would impose a state-mandated local program. (7) The code prohibits food prepared in a private home from being used or offered for sale in a food facility. This bill would also prohibit food stored in a private home from being used or offered for sale in a food facility. (8) The code prohibits toilet rooms from being used for the storage of food, equipment, or supplies. This bill would delete this prohibition. The bill, among other things, would also revise provisions regarding the heating and cooling of food, lighting of specified rooms and areas, and the sanitization of utensils and equipment, and would make various technical, nonsubstantive changes. By imposing new crimes and changing the definitions of existing crimes, this bill would impose a state-mandated local program. (9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (10) This bill would declare that it is to take effect immediately as an urgency statute.