Title HSC — California Health & Safety Code

(a) A person proposing to build or remodel a food facility shall submit complete, easily readable plans drawn to scale, and specifications to the enforcement agency for review, and shall receive plan approval before starting any new construction or remodeling of a facility for us…

(a) A food facility shall not be open for business without a valid permit. (b) A permit shall be issued by the enforcement agency when investigation has determined that the proposed facility and its method of operation meet the specifications of the approved plans or conform to t…

In addition to the permit issued to each food facility participating in a community event or swap meet, a permit shall be obtained by the person or organization responsible for facilities that are shared by two or more food facilities. (a) The permit application and site plan sha…

A permit application shall be submitted to the enforcement agency by each temporary food facility operator that includes all of the following: (a) A site plan that indicates the proposed layout of equipment, food preparation tables, food storage, warewashing, and handwashing faci…

(a) A permit application for a compact mobile food operation shall comply with all of the following requirements: (1) An enforcement agency shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identifica…

Any person who operates a food facility shall obtain all necessary permits to conduct business, including, but not limited to, a permit issued by the enforcement agency. In addition to the penalties under Article 2 (commencing with Section 114390), violators who operate without t…

(a) Enforcement officers shall enforce this part and all regulations adopted pursuant to this part. (b) (1) For purposes of enforcement, any authorized enforcement officer may, during the facility’s hours of operation and other reasonable times, enter, inspect, issue citations to…

(a) Based upon inspection findings or other evidence, an enforcement officer may impound food, equipment, or utensils that are found to be, or suspected of being, unsanitary or in such disrepair that food, equipment, or utensils may become contaminated or adulterated, and inspect…

Except as otherwise provided in this part, any person who violates any provision of this part or regulation adopted pursuant to this part is guilty of a misdemeanor. Each offense shall be punished by a fine of not less than twenty-five dollars ($25) or more than one thousand doll…

The owner, manager, or operator of any food facility is responsible for any violation by an employee of any provision of this part or any regulation adopted pursuant to this part. Each day the violation occurs shall be a separate and distinct offense.

A violation of any provision of this part or regulation adopted pursuant to this part relating to facilities held in common or shared by more than one food facility shall be deemed a violation for which the owner, manager, or operator of each food facility is responsible.

(a) A permit may be suspended or revoked by a local enforcement officer for a violation of this part. Any food facility or cottage food operation for which the permit has been suspended shall close and remain closed until the permit has been reinstated. Any food facility or cotta…

The hearing officer shall issue a written notice of decision to the permitholder within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permitholder is charged, and shall state the …

(a) If any imminent health hazard is found, unless the hazard is immediately corrected, an enforcement officer may temporarily suspend the permit and order the food facility or cottage food operation immediately closed. (b) Whenever a permit is suspended as the result of an immin…

The enforcement agency may, after providing opportunity for a hearing, modify, suspend, or revoke a permit for serious or repeated violations of any requirement of this part or for interference in the performance of the duty of the enforcement officer.

A permit may be reinstated or a new permit issued if the enforcement agency determines that the conditions that prompted the suspension or revocation no longer exist.

The department may issue a variance for only the provisions set forth in Section 113936, if in the opinion of the department, the alternative practice or procedure is equivalent to the respective requirements of this part and the alternative practice or procedure does not result …

(a) Within 180 days after the effective date of this part, the department shall develop the form of application that an applicant for a variance must submit. The department may amend the form as it deems appropriate. The application shall contain, at a minimum, the following info…

(a) Upon receipt of an application for a variance, the department shall determine whether the application is substantially complete and in compliance with Section 114417.1. Within 45 calendar days after submission of a complete application that complies with Section 114417.1, the…

Each variance letter shall include, have attached to it, or reference each of the following: (a) The information specified in Section 114417.1. That information may be presented verbatim, in summary form, or by means of attachment. (b) Detailed findings by the department as to th…

A variance letter shall be valid solely with respect to those food facilities, events, locations, and operations expressly set forth and only on the specific terms and conditions upon which the variance is granted. A variance granted by the department shall be binding on every lo…

The permitholder shall retain a copy of the variance letter on file at the food facility at all times and shall make it available for inspection by the enforcement officer.

If the department grants a variance, or if an HACCP plan is required pursuant to Section 114419, the permitholder shall do both of the following: (a) Comply with the HACCP plan and procedures that are submitted as specified in Sections 114419.1 and 114419.2 and approved as a cond…

(a) The department may suspend or revoke a variance if either of the following occurs: (1) The department determines that the variance poses a hazard due to changes in scientific knowledge or the nature and extent of any hazard that might result. (2) There is a finding that the f…

(a) Food facilities may engage in any of the following activities only pursuant to an HACCP plan as specified in Section 114419.1: (1) Smoking food as a method of food preservation rather than as a method of flavor enhancement. (2) Curing food. (3) Using food additives or adding …

For a food facility that is required under Section 114419 to have an HACCP plan, the plan and specifications shall indicate all of the following: (a) A flow diagram of the specific food for which the HACCP plan is requested, identifying critical control points and providing infor…

(a) Applicable HACCP training shall be provided and documented for food employees who work in the preparation of food for which an HACCP plan has been implemented. Training given to food employees shall be documented as to date, trainer, and subject. (b) Verification of critical …

(a) Except as specified in Section 114419, nothing in this section shall be deemed to require the enforcement agency to review or approve an HACCP plan. (b) The enforcement agency shall collect fees sufficient only to cover the costs for review, inspections, and any laboratory sa…

(a) Each food facility that identifies a trade secret shall provide in writing to the enforcement agency the information they consider to be a trade secret. (b) The enforcement agency shall treat as confidential, to the extent allowed by law, information that meets the criteria s…

A microbial challenge study may be submitted to the enforcement agency for review for purposes of verifying that a food does not constitute a potentially hazardous food.

Raw duck that otherwise would be readily perishable shall be exempt from Section 113996 for a period not to exceed two hours, if the duck will subsequently be cooked at or above a temperature of 350°F for at least 60 minutes. (a) Whole Chinese-style roast duck shall be exempt fro…

The Mercado La Paloma, located at 3655 South Grand Avenue in Los Angeles, operated by Esperanza Community Housing Corporation, which is a public market open only on one side that meets the following criteria, shall be exempt from Section 114266: (a) All facilities inside the Merc…

(a) Notwithstanding Sections 113996 and 114343 and if permitted by federal law, a food facility may sell Korean rice cakes that have been at room temperature for no more than 24 hours. (b) At the end of the operating day, Korean rice cakes that have been at room temperature for n…

(a) Notwithstanding Sections 113996 and 114343 and if permitted by federal law, a food facility may sell Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit for no more than 24 hours. (b) Vietnamese rice cakes that have been at no more than 70 degrees Fahre…

(a) Notwithstanding Sections 113996 and 114343, and if permitted by federal law, a food facility may sell Asian rice-based noodles that have been kept at room temperature for no more than four hours. (b) Asian rice-based noodles that have been kept at room temperature shall be co…

(a) A person, gleaner, or food facility may donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge. Food facilities may donate food directly to end recipients for consumption. (b) For purposes of this section, “pers…

A person, gleaner, or food facility that donates food as permitted by Section 114432 shall not be subject to civil or criminal liability or penalty for violation of any laws, regulations, or ordinances regulating the labeling or packaging of the donated product or, with respect t…

The immunities provided in Section 114433 and by Section 1714.25 of the Civil Code, the California Good Samaritan Food Donation Act, are in addition to any other immunities provided by law, including those provided by Chapter 5 (commencing with Section 58501) of Part 1 of Divisio…

In implementing this article, enforcement officers shall promote the recovery of food fit for human consumption during their normal, routine inspections. Promotion shall include, but not be limited to, newsletters, bulletins, and handouts that inform retail food facility operator…

If and when a specific appropriation is made available, the State Department of Social Services shall develop new regulations regarding food preparation provisions for child day care facilities, community care facilities, and residential care facilities for the elderly that would…

This chapter shall be known, and may be cited, as the Home Care Services Consumer Protection Act.

The State Department of Social Services shall administer and enforce this chapter.

For purposes of this chapter, the following definitions shall apply: (a) “Affiliated home care aide” means an individual, 18 years of age or older, who is employed by a home care organization to provide home care services to a client and is listed on the home care aide registry. …

(a) Individuals who are not employed by a home care organization but who provide home care services to a client may be listed on the home care aide registry. (b) An affiliated home care aide shall be listed on the home care aide registry prior to providing home care services to a…

This chapter shall not prohibit an individual from employing an individual not listed on the home care aide registry to provide home care services. The department shall have responsibility only for the maintenance of the home care aide registry regarding registered home care aide…

(a) A registered home care aide may provide home care services to more than one child for a family, but may not provide home care services for a child or children from more than one family at the same time. This chapter shall not preclude a registered home care aide from providin…

(a) Each home care organization shall be separately licensed. This chapter does not prevent a licensee from obtaining more than one home care organization license or obtaining a home care organization license in addition to other licenses issued by the department, or both. (b) A …

(a) The department may prohibit an individual from becoming a registered home care aide, or remaining registered on the home care aide registry, if the individual has done any of the following: (1) Violated, or aided or permitted the violation by any other person of, any provisio…

(a) The department shall consider, but is not limited to, the following when determining whether to approve a registration application: (1) Evidence satisfactory to the department of the ability of the home care aide applicant to comply with this chapter and the rules and regulat…

A registered home care aide shall be 18 years of age or older.