California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 2 - Foods and Drugs › Group 1 - RULES AND REGULATIONS › Article 10.3 - REQUIREMENTS FOR ROADSIDE STANDS, FOOD ESTABLISHMENTS OPEN TO THE OUTSIDE AIR, AND RETAIL DAIRIES › Section 13650 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Roadside Stand"
						means a food establishment which has one or more sides open to the outside air
						during hours of business, which sells produce or shell eggs or both, and where no
						more than ten percent of the floor space of the food sales and storage area is
						devoted to packaged foods.
(b) "Food
						Establishment Open to the Outside Air" means a food establishment which has one or
						more sides open to the outside air during hours of business, and where over ten
						percent of the floor space is devoted to the storage and sale of packaged foods to
						consumers.
(c) "Retail Dairy" means a
						food establishment of which milk or milk products to be sold directly to the
						consumer constitute over 50 percent of the volume of sales. Processing and packaging
						facilities as defined in Sections
						32505 and
						32513 of the California Food and
						Agricultural Code shall not be considered part of the retail dairy.
(d) "Retail Sales Area of Grower-Seller Premises"
						means the retail sales area operated by a grower or producer only for the sale of
						his own produce or shell eggs or both directly to the consumer. These products must
						be grown or produced on property owned, rented, or leased by the grower or producer,
						and on which the sales area is located.
(e) "Employee" means any person working in an
						establishment governed by the provisions of this Article.
(f) "Food Preparation" means any operation by
						which the form, flavor, or consistency of food is changed. It includes, but is not
						limited to, cooking, seasoning, cutting, and grinding.
(g) "Milk and Milk Products" means those food
						items which are defined in Sections
						32510-32512 of the California Food and
						Agricultural Code, Division 15, Part 1, Chapter 1. Milk and milk products will be
						considered to be packaged foods.
(h)
						"Packaged Foods" means foods in a package, as defined in Section
						26023 of
						the California Health and Safety Code. The package shall conform to the applicable
						provisions of Chapter 4 of Division 21 (commencing with Section
						26400) of the California Health and
						Safety Code. The packaging of such products shall be done at a facility approved by
						the local health officer. Processing and packaging facilities as defined in Sections
						32505 and
						32513 of the California Food and
						Agricultural Code shall be exempt from this requirement.
(i) "Potentially Hazardous Food" means any food
						which consists in whole or in part of ingredients capable of supporting rapid and
						progressive growth of infectious or toxicogenic microorganisms, including, but not
						limited to, milk or milk products, eggs, meat, poultry, fish or shellfish. It does
						not include food that has been processed and packaged so as to prevent the growth of
						pathogenic microorganisms, or any uncracked shell eggs.
(j) "Produce" means any fruit or vegetable in its
						raw or natural state.
(k) "Produce
						Preparation" means any operation by which the form, flavor or consistency of the
						produce is changed. It includes, but is not limited to, cooking, seasoning, cutting,
						trimming, and grinding.
(l) "Trimming"
						means the removal of part of the produce, such as outer leaves, stems, stalks,
						roots, and tops.
(m) "Utensil" means any
						kitchenware, cutlery, container, implement, wrapper or other equipment with which
						food comes in contact during storage, display, preparation, sale, or through use by
						an employee or consumer.
1. New
						  Article 10.3 (Sections
						  13650 through
						  13653) filed 8-1-75; effective
						  thirtieth day thereafter (Register 75, No. 31).
2. Editorial correction
						  relettering subsections (a) and (c)-(k) filed 7-3-84 (Register 84, No.
						  27).
Note: Authority cited: Sections
							 208 and
							 28802.5,
							 Health and Safety Code. Reference: Section
							 28802.5 Health and Safety
							 Code.