Food facilities.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, as defined. Existing law exempts from the definition of food facility premises set aside for wine tasting, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served. Existing law prohibits certain premises from having a food display area that exceeds 25 square feet, and subjects certain facilities or premises with a food display area of 25 square feet or less to specified provisions of the code. Existing law imposes certain enforcement duties on the State Department of Public Health, but provides that local health agencies are primarily responsible for enforcing these provisions. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided. This bill would additionally exclude from the definition of food facility a premises set aside for wine tasting that offers pretzels or prepackaged nonpotentially hazardous food for sale or for onsite consumption. The bill would limit the food display area in premises set aside for wine tasting to 25 square feet and subject those premises to specified provisions of the California Retail Food Code. By imposing new duties on local health agencies, and by expanding the definition of a crime, the bill would impose a state-mandated local program. Existing law, for the purposes of the California Retail Food Code, defines "community event" to mean an event that is of a civic, political, public, or educational nature. This bill would limit the definition of a community event to include only an event of a civic, political, public, or educational nature conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period. Under existing law, a permanent food facility is required to provide clean toilet facilities in good repair for consumers, guests, and invitees, except that a building constructed before January 1, 2004, that has a food facility that provides space for the consumption of food on the premises may either provide clean toilet facilities in good repair or prominently post a sign in a public area stating that toilet facilities are not provided. This bill would limit the above exemption to food facilities that have been in continuous operation since January 1, 2004. 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.