Cal. HSC § 114266 — California Code / Code hsc / Division 104 / Part 7 / Chapter 9 / Article 1 / Section 114266
Section 114266
Status: in_force

(a) Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.

(b) Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.

(c) Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours.

(d) (1) Notwithstanding subdivision (a), a restaurant, which for these purposes shall have the same meaning as is provided for the term “bona fide public eating place” in Section 23038 of the Business and Professions Code, may operate using open windows, folding doors, or nonfixed store fronts during hours of operation if the restaurant develops an integrated pest management and food safety risk mitigation plan, which shall be submitted to the enforcement agency for approval before operation, and it meets both of the following requirements:

(A) The facility shall be fully enclosed during hours of nonoperation.

(B) The restaurant shall have the ability to operate while the facility is fully enclosed, as necessary.

(2) The integrated pest management and food safety risk mitigation plan shall be documented in writing and made available upon request to local environmental health enforcement officers.

(3) The integrated pest management and food safety risk mitigation plan shall include, at a minimum, the following components:

(A) A risk assessment that includes a comprehensive evaluation of the facility’s layout, operations, storage practices, and surrounding environment in order to identify areas and practices that pose a risk of vermin infestation.

(B) Control procedures that include preventive and responsive measures to eliminate conditions that attract or harbor vermin, such as trash and compost control, that respond to conditions that can lead to food contamination, such as dust and debris, and that ensure a clean and sanitary facility.

(C) Ongoing monitoring procedures for regularly inspecting and documenting vermin activity, problem areas, and effectiveness of implemented controls, and that requires monitoring to occur at a frequency that is appropriate to the level of identified risk.

(D) Training for all employees upon hire and annually, on pest prevention practices, the restaurant’s pest control procedures, and the employee’s individual responsibilities in maintaining a vermin-free environment.

(E) Record keeping that includes maintaining the following records that shall be made available upon request to local environmental health officers:

(i) A description of dates and times of self-closure events related to vermin activities.

(ii) Dates of all site visits, and description of exclusion or treatment events performed, by a certified pest control operator and copies of detailed receipts associated with those visits, which shall be kept onsite for 12 months.

(4) The restaurant shall review and update the plan annually or whenever there is a change to the facility or operation.

(5) The restaurant shall self-close upon observation of vermin activity inside the facility, including droppings or markings, and remain closed and not operated until all vermin are eliminated.

(6) The local enforcement agency shall not unreasonably withhold approval of a proposed pest management and food safety risk mitigation plan. The local enforcement agency shall make every reasonable effort to identify conditions, operational practices, or mitigation measures that would allow the proposed open-front facility configuration to operate safely. Approval shall be granted unless the agency demonstrates, based upon substantial evidence in the record, that specific, unique circumstances exist in a particular facility such that no reasonable conditions or measures can sufficiently mitigate a significant risk to public health or safety.

(7) Nothing in this subdivision limits the existing authority of the local enforcement agency pursuant to the California Retail Food Code to suspend or revoke the approval of an integrated pest management and food safety risk mitigation plan if the approved plan is not followed, if vermin are observed during an inspection, or if complaints of vermin presence are verified.