reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 11.7 - Compact Mobile Food Operation › Section 114368.8.

114368.8. (a) Notwithstanding subdivision (a) of Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine.
(b) A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation or a sidewalk vendor shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation or a sidewalk vendor alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.
(c) Except as provided in paragraph (d), each offense by an operator or employee of a compact mobile food operation or a sidewalk vendor may only be punished by a fine consistent with the following:
(1) A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part.
(2) An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation.
(3) An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation.
(4) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(d) If a compact mobile food operation is required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024.
(e) (1) When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
(3) The enforcement agency may waive the administrative fine or may offer an alternative disposition.
(Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12 - Certified Farmers Markets › Section 114370.

114370. Certified farmers’ markets shall meet the applicable general sanitation requirements in Section 113980 and as provided in this chapter.
(Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12 - Certified Farmers Markets › Section 114373.

114373. Raw shell eggs may be stored and displayed without refrigeration if all of the following conditions are met:
(a) The eggs were produced by poultry owned by the seller and collected on the seller’s property.
(b) The eggs are not placed in direct sunlight during storage or display.
(c) Retail egg containers are prominently labeled “refrigerate after purchase” or the seller posts a conspicuous sign advising consumers that the eggs are to be refrigerated as soon as practical after purchase.
(d) Retail egg containers are conspicuously identified as to the date of the pack.
(e) The eggs have been cleaned and sanitized.
(f) The eggs are not checked, cracked, or broken.
(g) Any eggs that are stored and displayed at temperatures of 90ºF or below and that are unsold after four days from the date of pack shall be stored and displayed at an ambient temperature of 45ºF or below, diverted to pasteurization, or destroyed in a manner approved by the enforcement agency.
(h) Any eggs that are stored and displayed at temperatures above 90ºF that are unsold after four days from the date of pack shall be diverted to pasteurization or destroyed in a manner approved by the enforcement agency.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.5 - Farm Stands and Community Food Production › Section 114375.

114375. Farm stands shall be in conformity with the definition and provisions of Section 113778.2 and meet all of the following requirements:
(a) Food preparation is prohibited at farm stands with the exception of food samples which may only occur if conducted in accordance with paragraphs (1) to (8), inclusive, of subdivision (b) of Section 114371.
(b) Approved toilet and handwashing facilities consistent with Article 4 (commencing with Section 113310) of Chapter 11 of Part 6 shall be available for use by farm stand operators or their employees when food sampling is conducted pursuant to subdivision (a).
(c) Food sales from farm stands shall be limited to the following:
(1) Whole produce and shell eggs as described in paragraph (6) of subdivision (c) of Section 113789.
(2) Nonpotentially hazardous prepackaged food products from an approved source that were grown or produced in close proximity to the farm stand and in a manner consistent with the intent of Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code.
(3) Any nonpotentially hazardous prepackaged food products, including bottled water and soft drinks, from an approved source that has not been grown or produced in close proximity to the farm stand shall be limited to a 50-square-foot storage and sales area.
(d) No live animals, birds, or fowl shall be kept or allowed within 20 feet of any area where food is stored or held for sale. This subdivision does not apply to guide dogs, signal dogs, or service dogs when used in the manner specified in Section 54.1 of the Civil Code.
(e) All garbage and refuse shall be stored and disposed of in an appropriate manner.
(f) All prepackaged processed food products shall meet the applicable requirements provided in Section 113980 and be stored in an approved vermin proof area or container when the farm stand facility is closed.
(Added by Stats. 2008, Ch. 447, Sec. 11. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.5 - Farm Stands and Community Food Production › Section 114376.5.

114376.5. (a) An enforcement officer, as defined in Section 113774, may enter into and inspect the operations of a community food producer or gleaner in response to a food safety recall or food safety complaint. The enforcement officer may recover reasonable costs associated with an inspection from the community food producer or gleaner.
(b) (1) An enforcement officer may issue a community food producer or gleaner a cease and desist order for violations of Section 114376, upon which the community food producer or gleaner shall be prohibited from further sales until the operations of the community food producer or gleaner have been reinspected and cleared by the enforcement officer’s agency.
(2) At any time within 15 calendar days after issuance of the cease and desist order, the community food producer or gleaner may request in writing a hearing before a hearing officer to show cause why the prohibition of further sales is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to a hearing.
(c) Violations of Section 114376 shall be subject to the penalties specified in Section 114395.
(Added by Stats. 2014, Ch. 580, Sec. 7. (AB 1990) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.7 - Fishermen s Markets › Section 114378.

114378. A fishermen’s market shall meet the applicable requirements of Chapter 1 (commencing with Section 113700), Chapter 2 (commencing with Section 113728), Chapter 3 (commencing with Section 113945), Chapter 4 (commencing with Section 113980), Chapter 5 (commencing with Section 114095), Chapter 6 (commencing with Section 114130), Chapter 7 (commencing with Section 114189), Chapter 8 (commencing with Section 114250), and Chapter 13 (commencing with Section 114380), unless exempted as provided in this chapter.
(Added by Stats. 2015, Ch. 615, Sec. 9. (AB 226) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.7 - Fishermen s Markets › Section 114378.1.

114378.1. (a) Fish sold in a fishermen’s market shall be raw and may be displayed whole, eviscerated, or packaged by an onsite permitted temporary food facility or permitted food facility. A fisherman selling fish in a fishermen’s market shall only sell raw edible aquatic plants or fish that the fisherman caught legally, or that was caught by one or two other licensed commercial fishermen. If a fisherman sells fish caught by another licensed commercial fisherman, the fisherman shall provide a copy of that other fisherman’s commercial license and contact information upon the request of the enforcement agency.
(b) A fishermen’s market may provide a separate service that fillets, cuts, or packages fish for customers who purchase direct sales of fish within the fishermen’s market as a temporary food facility, mobile food facility, fishermen’s market booth, or other facility approved by the enforcement agency. A separate health permit is required and applicable requirements for that category of permit shall be met.
(c) Fish parts from the day’s operations may be used for bait by a licensed commercial fisherman or registered aquaculturist.
(d) Ice used for refrigeration purposes shall not be used for consumption in food or beverages.
(e) Notwithstanding subdivision (b) and Section 113818, raw fish may be eviscerated at a fishermen’s market.
(Amended by Stats. 2021, Ch. 155, Sec. 10. (AB 831) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.7 - Fishermen s Markets › Section 114378.2.

114378.2. A fishermen’s market shall meet all of the following requirements:
(a)  Each fishermen’s market food booth shall post the name of the fisherman, vessel or farm, and acceptable market name of fish sold so they are legible and clearly visible to patrons.
(b) Notwithstanding Section 113953, handwashing facilities for a fishermen’s market food both that operates for three consecutive days or less may include a container capable of providing a continuous stream of water from an approved source that leaves both hands free to allow vigorous rubbing with soap and warm water for 10 to 15 seconds, inclusive. A catch basin shall be provided to collect wastewater, and the wastewater shall be properly disposed of according to Section 114197.
(c) Handwashing facilities shall be equipped with handwashing cleanser and single-use sanitary towels. A separate receptacle shall be available for towel waste.
(d) Notwithstanding Section 114205, potable water shall be available for handwashing and sanitizing as approved by the enforcement agency.
(e) Approved toilet and handwashing facilities shall be available within 200 feet of the premises of a fishermen’s market or as approved by the enforcement agency.
(f) All garbage and refuse shall be stored and disposed of in a manner approved by the enforcement agency.
(g) Wastewater shall be disposed of in a facility connected to the public sewer system or in a manner approved by the enforcement agency.
(h) Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair.
(i) Overhead protection shall be provided over the evisceration process, food storage, food display, and warewashing areas. Overhead protection shall be made of wood, canvas, or other materials that protect the facility from precipitation, dust, bird and insect droppings, and other contaminants.
(j) Notwithstanding Section 114095, approved warewashing facilities may be shared if the sink is centrally located and is adjacent to the sharing facilities. The enforcement agency may also approve use of warewashing facilities within a permanent facility if it is located within 200 feet of the premises of the fishermen’s market or as approved by the enforcement agency.
(k) Food-related and utensil-related equipment shall be located and installed to prevent food contamination.
(l) During periods of inoperation, food, food equipment, and utensils shall be stored within a fully enclosed facility approved by the enforcement agency, or in approved food compartments where the food, food equipment, and utensils are protected at all times from contamination, exposure to the elements, ingress of rodents or other vermin, and temperature abuse.
(Added by Stats. 2015, Ch. 615, Sec. 9. (AB 226) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.7 - Fishermen s Markets › Section 114378.3.

114378.3. (a) A permit application and site plan shall be submitted to the enforcement agency at least two weeks prior to the operation of a fishermen’s market. Only California-licensed commercial fishermen or an entity representing two or more California-licensed commercial fishermen or California-licensed commercial fishermen and California-registered aquaculturists may act as the responsible person and sole permitholder for a fishermen’s market. The site plan shall include all of the following:
(1) A map with proposed locations of the fishermen’s market food booths, boundaries of the fishermen’s market, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and handwashing facilities as applicable.
(2) Details of the materials and methods used to construct the food booths.
(3) Foods that will be handled and dispensed.
(4) Procedures for food handling, food temperature control, refuse management, cleaning and sanitizing utensils and equipment, and cleaning structures and premises.
(5) Procedures for transporting food to and from the fishermen’s market and actions taken to prevent contamination.
(6) List of names of licensed commercial fishermen or registered aquaculturists, copies of their licenses or registrations, and a document authorizing the organizer to act as the responsible person and permitholder on their behalf.
(b) A fishermen’s market may operate adjacent to, or in conjunction with, a food facility or a community event. In those situations, the fishermen’s market is only subject to the limitations and requirements of a fishermen’s market. The other food facilities remain subject to the limitations and requirements, including separate permit requirements, that are applicable to the type of facility being operated.
(Added by Stats. 2015, Ch. 615, Sec. 9. (AB 226) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.8 - Children s Meals › Section 114379.

114379. The purpose of this chapter is to support children’s health by setting nutritional standards for a restaurant’s children’s meals.
(Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.8 - Children s Meals › Section 114379.10.

114379.10. For purposes of this chapter, the following terms have the following meanings:
(a) “Children’s meal” means a combination of food items and a beverage, or a single food item and a beverage, sold together at a single price, primarily intended for consumption by a child.
(b) “Default beverage” means the beverage automatically included or offered as part of a children’s meal, absent a specific request by the purchaser of the children’s meal for an alternative beverage.
(c) “Restaurant” means a retail food establishment that prepares, serves, and vends food directly to the consumer.
(Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.8 - Children s Meals › Section 114379.20.

114379.20. (a) A restaurant that sells a children’s meal shall make the default beverage offered with the children’s meal one of the following:
(1) Water, sparkling water, or flavored water, with no added natural or artificial sweeteners.
(2) Unflavored milk.
(3) A nondairy milk alternative that contains no more than 130 calories per container or serving. For purposes of this paragraph, “nondairy milk alternative” means a non-dairy fluid milk substitute that meets the standards for the National School Lunch Program as set forth in Section 210.10 of Title 7 of the Code of Federal Regulations.
(b) The beverage listed or displayed on a restaurant menu or advertisement for a children’s meal shall be one of the default beverages listed in subdivision (a).
(Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.8 - Children s Meals › Section 114379.30.

114379.30. This chapter does not prohibit a restaurant’s ability to sell, or a customer’s ability to purchase, an alternative beverage instead of the default beverage offered with the children’s meal, if requested by the purchaser of the children’s meal.
(Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.8 - Children s Meals › Section 114379.40.

114379.40. The local enforcement agency, as set forth in Section 113713, shall implement, administer, and enforce this chapter. The department may issue rules and regulations as necessary to carry out the purposes of this chapter.
(Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.8 - Children s Meals › Section 114379.50.

114379.50. A violation of this chapter is, notwithstanding Section 114395, an infraction, provided, however, that the first violation shall result in a notice of violation. A second violation within a five-year period from the notice of violation shall be punishable by a fine of not more than two hundred fifty dollars ($250). For a third or subsequent violation within a five-year period, the fine shall be not more than five hundred dollars ($500). A restaurant shall not be found to have committed a violation under this chapter more than once during an inspection visit.
(Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 12.8 - Children s Meals › Section 114379.60.

114379.60. This chapter shall be construed so as not to conflict with any federal or state law, rule, or regulation. This chapter does not authorize a local agency to impose any duty or obligation in conflict with a limitation on a local authority established by a federal or state law. If a court or agency of competent jurisdiction holds that a federal or state law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this chapter or the application thereof to any person or circumstances, it is the intent of the Legislature that the court or agency sever the clause, sentence, paragraph, or section so that the remainder of this chapter remains in effect.
(Added by Stats. 2018, Ch. 608, Sec. 2. (SB 1192) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 1 - Plan Review and Permits › Section 114381.

114381. (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 meets the specifications of the approved plans or conforms to the requirements of this part.
(c) A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity and, unless suspended or revoked for cause, for the time period indicated.
(d) Any fee for the permit or registration or related services, including, but not limited to, the expenses of inspecting and impounding any utensil suspected of releasing lead or cadmium in violation of Section 108860 as authorized by Section 114393, review of HACCP plans, and alternative means of compliance shall be determined by the local governing body. Fees shall be sufficient to cover the actual expenses of administering and enforcing this part. The moneys collected as fees shall only be expended for the purpose of administering and enforcing this part.
(e) A permit shall be posted in a conspicuous place in the food facility or in the office of a vending machine business.
(f) Any person requesting the enforcement agency to undertake activity pursuant to Sections 114149.1 and 114419.3 shall pay the enforcement agency’s costs incurred in undertaking the activity. The enforcement agency’s services shall be assessed at the current hourly cost recovery rate.
(Amended by Stats. 2009, Ch. 571, Sec. 63. (SB 241) Effective October 11, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 1 - Plan Review and Permits › Section 114381.1.

114381.1. 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 shall be submitted to the enforcement agency at least two weeks prior to operation of any food facility.
(b) The site plan shall show the proposed locations of the food facilities, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and handwashing facilities.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 1 - Plan Review and Permits › Section 114381.2.

114381.2. 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 facilities.
(b) Details of the materials and methods used to construct the temporary food facility.
(c) All food products that will be handled and dispensed.
(d) The proposed procedures and methods of food preparation and handling.
(e) Procedures, methods, and schedules for cleaning utensils, equipment, and structures, and for the disposal of refuse.
(f) How food will be transported to and from a permanent food facility or other approved food facility and the temporary food facility, and steps taken to prevent contamination of foods.
(g) How potentially hazardous foods will be maintained at or below 41°F or at or above 135°F.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 1 - Plan Review and Permits › Section 114387.

114387. 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 the necessary permits shall be subject to closure of the food facility and a penalty not to exceed three times the cost of the permit.
(Amended by Stats. 2009, Ch. 571, Sec. 64. (SB 241) Effective October 11, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 2 - Enforcement › Section 114390.

114390. (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, and secure any sample, photographs, or other evidence from a food facility, cottage food operation, or any facility suspected of being a food facility or cottage food operation, or a vehicle transporting food to or from a retail food facility, when the vehicle is stationary at an agricultural inspection station, a border crossing, or at any food facility under the jurisdiction of the enforcement agency, or upon the request of an incident commander.
(2) If a food facility is operating under an HACCP plan, the enforcement officer may, for the purpose of determining compliance with the plan, secure as evidence any documents, or copies of documents, relating to the facility’s adherence to the HACCP plan. Inspection may, for the purpose of determining compliance with this part, include any record, file, paper, process, HACCP plan, invoice, or receipt bearing on whether food, equipment, or utensils are in violation of this part.
(3) The enforcement officer may, for the purpose of determining compliance with the gross annual sales requirements for operating a microenterprise home kitchen operation or a cottage food operation, require those operations to provide copies of documents related to determining gross annual sales.
(c) Notwithstanding subdivision (a), an employee may refuse entry to an enforcement officer who is unable to present official identification showing the enforcement officer’s picture and enforcement agency name. In the absence of the identification card, a business card showing the enforcement agency’s name plus a picture identification card such as a driver’s license shall meet this requirement.
(d) It is a violation of this part for any person to refuse to permit entry or inspection, the taking of samples or other evidence, access to copy any record as authorized by this part, to conceal any samples or evidence, withhold evidence concerning them, or interfere with the performance of the duties of an enforcement officer, including making verbal or physical threats or sexual or discriminatory harassment.
(e) A written report of the inspection shall be made, and a copy shall be supplied or mailed to the owner, manager, or operator of the food facility.
(Amended by Stats. 2018, Ch. 470, Sec. 7. (AB 626) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 2 - Enforcement › Section 114393.

114393. (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, impound, or inspect and impound any utensil that is suspected of releasing lead or cadmium in violation of Section 108860. The enforcement officer may attach a tag to the food, equipment, or utensils that shall be removed only by the enforcement officer following verification that the condition has been corrected.
(b) No food, equipment, or utensils impounded pursuant to subdivision (a) shall be used unless the impoundment has been released.
(c) Within 30 days, the enforcement agency that has impounded the food, equipment, or utensils pursuant to subdivision (a) shall commence proceedings to release the impounded materials or to seek administrative or legal remedy for its disposition.
(Amended by Stats. 2007, Ch. 96, Sec. 57. Effective July 20, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 2 - Enforcement › Section 114395.

114395. 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 dollars ($1,000) or by imprisonment in the county jail for a term not exceeding six months, or by both fine and imprisonment.
(Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 2 - Enforcement › Section 114397.

114397. 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.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 2 - Enforcement › Section 114399.

114399. 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.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 3 - Permit Suspension or Revocation › Section 114405.

114405. (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 cottage food operation for which the permit has been revoked shall close and remain closed until a new permit has been issued.
(b) Whenever a local enforcement officer finds that a food facility or cottage food operation is not in compliance with the requirements of this part, a written notice to comply shall be issued to the permitholder. If the permitholder fails to comply, the local enforcement officer shall issue to the permitholder a notice setting forth the acts or omissions with which the permitholder is charged, and informing him or her of a right to a hearing, if requested, to show cause why the permit should not be suspended or revoked. A written request for a hearing shall be made by the permitholder within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this 15-day period to expedite the permit suspension or revocation process.
(c) The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the permitholder, the hearing officer may postpone any hearing date, if circumstances warrant the action.
(Amended by Stats. 2012, Ch. 415, Sec. 15. (AB 1616) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 3 - Permit Suspension or Revocation › Section 114407.

114407. 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 terms of the suspension or that the permit has been revoked.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 3 - Permit Suspension or Revocation › Section 114409.

114409. (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 imminent health hazard, the enforcement officer shall issue to the permitholder a notice setting forth the acts or omissions with which the permitholder is charged, specifying the pertinent code section, and informing the permitholder of the right to a hearing.
(c) At any time within 15 calendar days after service of a notice pursuant to subdivision (b), the permitholder may request in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to a hearing.
(Amended by Stats. 2012, Ch. 415, Sec. 16. (AB 1616) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 3 - Permit Suspension or Revocation › Section 114411.

114411. 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.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 3 - Permit Suspension or Revocation › Section 114413.

114413. 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.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 4 - Variance › Section 114417.

114417. 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 in a health hazard.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 4 - Variance › Section 114417.1.

114417.1. (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 information:
(1) A detailed description of the requested variance, including citation to the relevant subdivisions specified in Section 113936.
(2) An analysis of the science-based rationale upon which the proposed alternate practice or procedure is based, to include, if and as appropriate, microbial challenge and process validation studies demonstrating how potential health hazards dealt with in those subdivisions that are relevant to the requested variance will be addressed.
(3) A description of the specific procedures, processes, monitoring steps, and other relevant protocols that will be implemented pursuant to the variance to address potential health hazards dealt with in those subdivisions specified in Section 113936 that are relevant to the requested variance.
(4) An HACCP plan, if required pursuant to Section 114419, that includes all applicable information relevant to the requested variance.
(b) An application for a variance shall be submitted to the department, and must be accompanied at the time of submission by the fees specified in subdivision (c).
(c) Each application for a variance shall be accompanied at the time of submission by payment of fees sufficient to pay the necessary costs of the department as specified in Section 113717. Any overpayment by the applicant in excess of the recovery rate and other costs incurred shall be repaid to the applicant within 30 calendar days after final action is taken by the department on the application.
(Amended by Stats. 2007, Ch. 96, Sec. 58. Effective July 20, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 4 - Variance › Section 114417.2.

114417.2. (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 department shall determine whether the alternate practice or procedure described in the application is satisfactory and at least the equivalent of the requirements of this part relating to preventing a health hazard.
(b) In the event that the department grants the variance, it shall issue to the applicant a variance letter that shall include, but not be limited to, the information specified in Section 114417.3.
(c) The department shall transmit a copy of its variance letter to all local enforcement agencies.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 4 - Variance › Section 114417.3.

114417.3. 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 the nature and extent of the potential hazards, if any, that might be implicated with respect to the requirements specified in this part, and the manner in which the alternate practice or procedure specified in the variance will address those hazards.
(c) The specifics of any operating restrictions or requirements upon which the granting of the variance is conditioned.
(d) If appropriate, the particular events, locations, and operations for which the variance is granted.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 4 - Variance › Section 114417.4.

114417.4. 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 local enforcement agency.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 4 - Variance › Section 114417.5.

114417.5. 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.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 4 - Variance › Section 114417.6.

114417.6. 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 condition for the granting of the variance.
(b) Maintain and provide to the enforcement agency, upon request, records specified under a HACCP plan, or otherwise pursuant to the variance letter, that demonstrate that the following are routinely employed:
(1) Procedures for monitoring critical control points.
(2) Monitoring of the critical control points.
(3) Verification of the effectiveness of an operation or process.
(4) Necessary corrective actions if there is a failure at a critical control point.
(Amended by Stats. 2007, Ch. 96, Sec. 59. Effective July 20, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 4 - Variance › Section 114417.7.

114417.7. (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 food facility is not complying with specific terms and conditions pursuant to which the variance was granted.
(b) The department may suspend or revoke a variance upon the grounds specified in this section only after giving the permitholder written notice of the proposed suspension or revocation, which shall include the specific reasons why the variance is proposed to be suspended or revoked. The permitholder shall be given an opportunity to be heard, in person, in writing, or through a representative, at least 24 hours before the variance can be suspended or revoked.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 5 - HACCP Exemptions › Section 114419.

114419. (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 components such as vinegar as a method of food preservation rather than as a method of flavor enhancement, or to render a food so that it is not potentially hazardous.
(4) Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption.
(5) Custom processing animals that are for personal use as food and not for sale or service in a food facility.
(6) Preparing food by another method that is determined by the enforcement agency to require an HACCP plan.
(b) Food facilities may engage in the following only pursuant to an HACCP plan that has been approved by the department:
(1) Using acidification or water activity to prevent the growth of Clostridium botulinum.
(2) Packaging potentially hazardous food using a reduced-oxygen packaging method as specified in Section 114057.1, except if the food facility uses a reduced-oxygen packaging method to package hazardous food that always complies with the following standards with respect to packaging the hazardous food:
(A) The food is labeled with the production time and date.
(B) The food is held at 41 degrees Fahrenheit or lower during refrigerated storage.
(C) The food is removed from its package in the food facility within 48 hours after packaging.
(Amended by Stats. 2016, Ch. 195, Sec. 16. (SB 1067) Effective January 1, 2017.)