SECTIONS 113728-113941 - California Statutes

HEALTH AND SAFETY CODE

SECTION 113728-113941

113728. The following definitions apply in the interpretation and
application of this part.

113729. "Food additive" has the meaning stated in Section 109940.
"Color additive" has the meaning stated in Section 109895.

113732. "Adulterated" means either of the following:
(a) Food that bears or contains any poisonous or deleterious
substance that may render the food impure or injurious to health.
(b) Food that is manufactured, prepared, or stored in a manner
that deviates from a HACCP plan so as to pose a discernable increase
in risk.

113733. "Acute gastrointestinal illness" means a short duration
illness most often characterized by either of the following, which
are known to be commonly associated with the agents most likely to be
transmitted from infected food employees through contamination of
food:
(a) Diarrhea, either alone or in conjunction with other
gastrointestinal symptoms, such as vomiting, fever, or abdominal
cramps.
(b) Vomiting in conjunction with either diarrhea or two other
gastrointestinal symptoms, such as fever or abdominal cramps.

113734. "Approved" means acceptable to the enforcement agency based
on a determination of conformity with applicable laws, or, in the
absence of applicable laws, current public health principles,
practices, and generally recognized industry standards that protect
public health.

113735. "Approved source" means a food source allowed under Article
3 (commencing with Section 114021) of Chapter 4, or a producer,
manufacturer, distributor, or food facility that is acceptable to the
enforcement agency based on a determination of conformity with
applicable laws, or, in the absence of applicable laws, with current
public health principles and practices, and generally recognized
industry standards that protect public health.

113737. "aw" means water activity that is a measure of the free
moisture in a food, is the quotient of the water vapor pressure of
the substance divided by the vapor pressure of pure water at the same
temperature, and is indicated by the symbol aw.

113739. "Beverage" means a liquid for drinking, including water.

113740. "CCR" means the California Code of Regulations.

113742. "Certified farmers' market" means a location that is
certified by the State of California through the enforcement officers
of the county agricultural commissioners and operated pursuant to
Chapter 10.5 (commencing with Section 47000) of Division 17 of the
Food and Agricultural Code and regulations adopted pursuant to that
chapter.

113744. "C.F.R." means the Code of Federal Regulations. Citations
in this part to the C.F.R. refer sequentially to the title, part, and
section numbers, such as 21 C.F.R. 178.1010 refers to Title 21, Part
178, Section 1010.

113747. (a) "CIP" means cleaned in place by the circulation or
flowing by mechanical means through a piping system of a detergent
solution, water rinse, and sanitizing solution onto or over equipment
surfaces that require cleaning, such as the method used, in part, to
clean and sanitize a frozen dessert machine.
(b) "CIP" does not include the cleaning of equipment such as band
saws, slicers, or mixers that are subjected to in-place manual
cleaning without the use of a CIP system.

113747.1. "Cold water" means potable water that is not heated by an
auxiliary method or source.

113748. "Commingle" means:
(a) To combine shellstock harvested on different days or from
different growing areas as identified on the tag or label.
(b) To combine shucked shellfish from containers with different
container codes or different shucking dates.

113750. (a) "Comminuted" means reduced in size by methods including
chopping, flaking, grinding, or mincing.
(b) "Comminuted" includes fish or meat products that are reduced
in size and restructured or reformulated including, but not limited
to, gefilte fish, formed roast beef, gyros, ground beef, sausage, and
a mixture of two or more types of meat that have been reduced in
size and combined, including, but not limited to, sausages made from
two or more meats.

113751. "Commissary" means a food facility that services mobile
food facilities, mobile support units, or vending machines where any
of the following occur:
(a) Food, containers, or supplies are stored.
(b) Food is prepared or prepackaged for sale or service at other
locations.
(c) Utensils are cleaned.
(d) Liquid and solid wastes are disposed, or potable water is
obtained.

113755. "Community event" means an event that is of civic,
political, public, or educational nature, including state and county
fairs, city festivals, circuses, and other public gathering events
approved by the local enforcement agency.

113756. "Condiment" means a nonpotentially hazardous food, such as
relishes, spices, sauces, confections, or seasonings, that requires
no additional preparation, and that is used on a food item,
including, but not limited to, ketchup, mustard, mayonnaise,
sauerkraut, salsa, salt, sugar, pepper, or chile peppers.

113757. "Consumer" means a person who is a member of the public,
takes possession of food, is not functioning in the capacity of an
operator of a food facility, and does not offer the food for resale.

113759. "Control point" means any distinct procedure or step in
receiving, storing, handling, preparing, displaying, transporting, or
dispensing a food.

113760. "Critical control point" means a point or procedure in a
specific food system where loss of control may result in an
unacceptable health risk.

113761. "Critical limit" means the maximum or minimum value to
which a physical, biological, or chemical parameter must be
controlled at a critical control point to minimize the risk that the
identified food safety hazard may occur.

113763. "Department" means the State Department of Public Health.

113767. "Easily cleanable" means a characteristic of a surface that
allows effective removal of soil, food residue, or other organic or
inorganic materials by normal cleaning methods.

113768. "Easily movable" means either of the following:
(a) Portable; mounted on casters, gliders, or rollers so as to be
moveable by one person; or provided with a mechanical means to safely
tilt or move a unit of equipment for cleaning.
(b) Having no utility connection, a utility connection that
disconnects quickly, or a flexible utility connection line of
sufficient length to allow the equipment to be moved for cleaning of
the equipment and adjacent area.

113769. "Egg" means the shell egg of an avian species that includes
chicken, duck, goose, guinea, quail, ratite, or turkey, except a
balut and an egg product. "Egg" does not include the egg of a reptile
species, including an alligator.

113770. "Employee" means the permitholder, person in charge, person
having supervisory or management duties, person on the payroll,
family member, volunteer, person performing work under contractual
agreement, or other person working in a food facility.

113773. "Enforcement agency" means the department or the local
health agency having jurisdiction over the food facility.

113774. "Enforcement officer" means the director, agents, or
environmental health specialists appointed by the State Public Health
Officer, and all local health officers, directors of environmental
health, and their duly authorized registered environmental health
specialists and environmental health specialist trainees.

113777. (a) "Equipment" means an article that is used in the
operation of a food facility, including, but not limited to, a
freezer, grinder, hood, icemaker, meat block, mixer, oven, reach-in
refrigerator, scale, food and utensil shelving and cabinets, sink,
slicer, stove, table, temperature measuring device for ambient air,
vending machine, or warewashing machine.
(b) "Equipment" does not include items used for handling or
storing large quantities of prepackaged foods that are received from
a supplier in a cased or overwrapped lot, such as hand trucks,
forklifts, dollies, pallets, racks, and skids.

113778. "Exclude" means to prevent a person from working as a food
employee or entering a food facility except for those areas open to
the general public.

113778.1. "FDA" means the United States Food and Drug
Administration.

113778.2. "Farm stands" are premises, established in accordance
with local ordinances and land use codes, defined under and operated
pursuant to Chapter 10.5 (commencing with Section 47000) of Division
17 of the Food and Agricultural Code and regulations adopted and
enforced pursuant to that chapter, operating within the requirements
set forth in Sections 113789 and 114375.

113778.4. "Fabric implement" means a cloth or fabric, including,
but not limited to, burlap and cheesecloth, that is used as part of
the food process and comes in direct contact with food that is
subsequently cooked.

113779. (a) "Fish" means fresh or saltwater finfish, crustaceans,
and other forms of aquatic life, other than birds or mammals, and all
molluscan shellfish, if intended for human consumption. "Fish" also
includes alligator, frog, aquatic turtle, jellyfish, sea cucumber,
and sea urchin, and the roe of these animals.
(b) "Fish" includes a product derived in whole or in part from
fish, including fish that have been processed in any manner.

113781. "Food" means a raw, cooked, or processed edible substance,
ice, beverage, an ingredient used or intended for use or for sale in
whole or in part for human consumption, and chewing gum.

113783. "Food bank" means a surplus food collection and
distribution system operated and established to assist in bringing
donated food to nonprofit charitable organizations and individuals
for the purposes of reducing hunger and supplying nutritional needs.

113784. "Food compartment" means an enclosed space, including, but
not limited to, an air pot, blender, bulk dispensing system, covered
chafing dish, and covered ice bin, with all of the following
characteristics:
(a) The space is defined by a physical barrier from the outside
environment that completely encloses all food, food-contact surfaces,
and the handling of nonprepackaged food.
(b) All access openings are equipped with tight-fitting closures,
or one or more alternative barriers that effectively protect the food
from contamination, facilitate safe food handling, while minimizing
exposure to the environment.
(c) It is constructed from materials that are nontoxic, smooth,
easily cleanable, and durable and is constructed to facilitate the
cleaning of the interior and exterior of the compartment.

113786. "Food-contact surface" means either of the following:
(a) A surface of equipment or a utensil with which food normally
comes into contact.
(b) A surface of equipment or a utensil from which food may drain,
drip, or splash into a food or onto a surface normally in contact
with food.

113788. "Food employee" means an employee working with food, food
equipment or utensils, or food-contact surfaces.

113789. (a) "Food facility" means an operation that stores,
prepares, packages, serves, vends, or otherwise provides food for
human consumption at the retail level, including, but not limited to,
the following:
(1) An operation where food is consumed on or off the premises,
regardless of whether there is a charge for the food.
(2) Any place used in conjunction with the operations described in
this subdivision, including, but not limited to, storage facilities
for food-related utensils, equipment, and materials.
(b) "Food facility" includes permanent and nonpermanent food
facilities, including, but not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities.
(4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers' markets, for purposes of permitting and
enforcement pursuant to Section 114370.
(10) Farm stands, for purposes of permitting and enforcement
pursuant to Section 114375.
(c) "Food facility" does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are
used for storing or handling food.
(2) A private home.
(3) A church, private club, or other nonprofit association that
gives or sells food to its members and guests, and not to the general
public, at an event that occurs not more than three days in any
90-day period.
(4) A for-profit entity that gives or sells food at an event that
occurs not more than three days in a 90-day period for the benefit of
a nonprofit association, if the for-profit entity receives no
monetary benefit, other than that resulting from recognition from
participating in an event.
(5) Premises set aside for wine tasting, as that term is used in
Section 23356.1 of the Business and Professions Code and in the
regulations adopted pursuant to that section, that comply with
Section 118375, 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.
(6) Premises operated by a producer, selling or offering for sale
only whole produce grown by the producer, or shell eggs, or both,
provided the sales are conducted on premises controlled by the
producer.
(7) A commercial food processing plant as defined in Section
111955.
(8) A child day care facility, as defined in Section 1596.750.
(9) A community care facility, as defined in Section 1502.
(10) A residential care facility for the elderly, as defined in
Section 1569.2.
(11) A residential care facility for the chronically ill, which
has the same meaning as a residential care facility, as defined in
Section 1568.01.

113790. "Food handler" means an individual who is involved in the
preparation, storage, or service of food in a food facility, other
than an individual holding a valid food safety certificate issued
pursuant to Section 113947.3 or an individual involved in the
preparation, storage, or service of food in a temporary food
facility.

113791. "Food preparation" means packaging, processing, assembling,
portioning, or any operation that changes the form, flavor, or
consistency of food, but does not include trimming of produce.

113794. "Food safety program" means any city, county, or city and
county program that requires, at a minimum, either of the following:
(a) The training of one or more individuals, whether denominated
as "owners," "managers," "handlers," or otherwise, relating in any
manner to food safety issues.
(b) Individuals to pass a food safety certification examination.

113794.1. "Food handler program" means any city, county, or city
and county program that requires that all or a substantial portion of
the employees of a food facility who are involved in the
preparation, storage, service, or handling of food products, engage
in an approved food safety training or pass an approved food safety
certification examination, or both.

113794.4. "Frozen food" means a food maintained at a temperature at
which all moisture therein is in a solid state.

113795. (a) "Game animal" means an animal, the products of which
are food, that is not classified as cattle, sheep, swine, goat,
horse, mule, or other equine in 9 C.F.R. 301, as poultry in 9 C.F.R.
381, or as fish as defined under Subpart 1-201.10(B)(31) of the Food
and Drug Administration 2001 Food Code.
(b) "Game animal" includes mammals such as reindeer, elk, deer,
antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon,
nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c) "Game animal" does not include ratites such as ostrich, emu,
and rhea.

113797. "Grade A standards" means the requirements of the United
States Public Health Service/FDA "Grade A Pasteurized Milk Ordinance"
and "Grade A Condensed and Dry Milk Ordinance" with which certain
fluid and dry milk and milk products comply.

113799. "HACCP" means a Hazard Analysis Critical Control Point.

113801. "HACCP plan" means a written document that complies with
the requirements of Section 114419.1 and that delineates the formal
procedures for following the Hazard Analysis Critical Control Point
principles developed by the National Advisory Committee on
Microbiological Criteria for Foods. These principles include
completion of the following basic steps:
(a) Completion of hazard analysis identification by identifying
the likely hazards to consumers presented by a specific food.
(b) Determination of critical control points in receiving,
storage, preparation, displaying, and dispensing of a food.
(c) Setting of measurable critical limits for each critical
control point determined.
(d) Developing and maintaining monitoring practices to determine
if critical limits are being met.
(e) Developing and utilizing corrective action plans when failure
to meet critical limits is detected.
(f) Establishing and maintaining a recordkeeping system to verify
adherence to an HACCP plan.
(g) Establishing a system of audits to do both of the following:
(1) Initially verify the effectiveness of the critical limits set
and appropriateness of the determination of critical control points.
(2) Periodically verify the effectiveness of the HACCP plan.

113803. "Hazard" means a biological, chemical, or physical property
that may cause an unacceptable public health risk.

113804. "Hearing officer" means a local health officer, a director
of environmental health, or his or her designee.

113805. "Hermetically sealed container" means a container that is
designed and intended to be secure against the entry of
micro-organisms and, in the case of low acid canned foods, to
maintain the commercial sterility of its contents after processing.

113810. "Imminent health hazard" means a significant threat or
danger to health that is considered to exist when there is evidence
sufficient to show that a product, practice, circumstance, or event
creates a situation that can cause food infection, food intoxication,
disease transmission, vermin infestation, or hazardous condition
that requires immediate correction or cessation of operation to
prevent injury, illness, or death.

113812. "Impound" means the legal control exercised by the
enforcement officer over the use, sale, disposal, or removal of any
food, equipment, or utensils.

113814. "Injected" means manipulating a meat so that infectious or
toxigenic microorganisms may be introduced from its surface to its
interior through tenderizing with deep penetration or injecting the
meat by processes that may be referred to as "injecting," "pinning,"
or "stitch pumping."

113815. "Juice" means the aqueous liquid expressed or extracted
from one or more fruits or vegetables, purees of the edible portions
of one or more fruits or vegetables, or any concentrates of such
liquid or puree. "Juice" includes juice as a beverage, an ingredient
of a beverage, and a puree as an ingredient of a beverage.

113816. "Law" means applicable local, state, and federal statutes,
regulations, and ordinances.

113818. (a) "Limited food preparation" means food preparation that
is restricted to one or more of the following:
(1) Heating, frying, baking, roasting, popping, shaving of ice,
blending, steaming or boiling of hot dogs, or assembly of
nonprepackaged food.
(2) Dispensing and portioning of nonpotentially hazardous food.
(3) Holding, portioning, and dispensing of any foods that are
prepared for satellite food service by the onsite permanent food
facility or prepackaged by another approved source.
(4) Slicing and chopping of food on a heated cooking surface
during the cooking process.
(5) Cooking and seasoning to order.
(6) Preparing beverages that are for immediate service, in
response to an individual consumer order, that do not contain frozen
milk products.
(b) "Limited food preparation" does not include any of the
following:
(1) Slicing and chopping unless it is on the heated cooking
surface.
(2) Thawing.
(3) Cooling of cooked, potentially hazardous food.
(4) Grinding raw ingredients or potentially hazardous food.
(5) Reheating of potentially hazardous foods for hot holding,
except for steamed or boiled hot dogs and tamales in the original,
inedible wrapper.
(6) Hot holding of nonprepackaged, potentially hazardous food,
except for roasting corn on the cob roasting corn on the cob, steamed
or boiled hot dogs, and tamales in the original, inedible wrapper.
(7) Washing of foods.
(8) Cooking of potentially hazardous foods for later use.

113820. "Linens" means fabric items such as cloth hampers, cloth
napkins, tablecloths, wiping cloths, and work garments, including
cloth gloves.

113821. "Major violation" means a violation of this part that may
pose an imminent health hazard and warrants immediate closure or
other corrective action.

113823. "Meat" means the flesh of animals used as food, including
the dressed flesh of cattle, swine, sheep, goats, game animal, and
other edible animals, except fish and poultry.

113824. "Menu change" means a modification of a food facility's
menu that would require a change in the food facility's food
preparation methods, storage equipment, or storage capacity
previously approved by the local enforcement agency. These changes
may include, but are not limited to, the addition of potentially
hazardous foods to a menu, installation of new food preparation or
storage equipment, or increasing storage capacity.

113827. "Minor violation" means a violation of this part that does
not pose an imminent health hazard, but does warrant correction.

113831. (a) "Mobile food facility" means any vehicle used in
conjunction with a commissary or other permanent food facility upon
which food is sold or distributed at retail. "Mobile food facility"
does not include a "transporter" used to transport packaged food from
a food facility, or other approved source to the consumer.
(b) "Single operating site mobile food facilities" means at least
one, but not more than four, unenclosed mobile food facilities, and
their auxiliary units, that operate adjacent to each other at a
single location.

113833. "Mobile support unit" means a vehicle used in conjunction
with a commissary or other permanent food facility that travels to
and services mobile food facilities as needed to replenish supplies,
including food and potable water, clean the interior of the unit, or
dispose of liquid or solid wastes.

113835. "Molluscan shellfish" means any edible species of fresh or
frozen oysters, clams, mussels, and scallops or edible portions
thereof, except when the scallop product consists only of the shucked
adductor muscle.

113837. "Multiservice utensil" means a utensil manufactured for
use more than one time.

113839. "Nonpermanent food facility" means a food facility that
operates from a mobile unit or at a nonpermanent location, including,
but not limited to, a certified farmers' market, a mobile food
facility, a mobile support unit, a temporary food facility, or a
vending machine.

113841. "Nonprofit charitable organization" means either of the
following:
(a) A corporation incorporated pursuant to the Nonprofit
Corporation Law (Division 2 (commencing with Section 5000) of Title 1
of the Corporations Code), that is exempt from taxation pursuant to
paragraphs (1) to (10), inclusive, and paragraph (19) of Section 501
(c) of the Internal Revenue Code and Section 23701d of the Revenue
and Taxation Code.
(b) An organization that was organized and is in operation for
charitable purposes and meets the requirements of Section 214 of the
Revenue and Taxation Code.

113842. "Nonprofit charitable temporary food facilities" means
either one of the following:
(a) A temporary food facility, as defined in Section 113930, that
is conducted by a nonprofit charitable organization, as defined in
Section 113841.
(b) An established club or organization of students that operates
under the authorization of a school or other educational facility.

113843. "Open-air barbecue" means a piece of equipment designed for
barbecuing food, where the food is prepared out of doors by cooking
directly over hot coals, heated lava, hot stones, gas flame, or other
method approved by the department, on equipment suitably designed
and maintained for use out of doors, that is operated by a temporary
food facility, or a mobile food facility that remains fixed during
hours of operations at a community event or a permanent food
facility.

113846. "Outdoor wood-burning oven" means an oven located out of
doors, that utilizes wood as the primary fuel for cooking and is
operated on the same premises as, and in conjunction with, a
permanent food facility.

113849. "Permanent food facility" means a food facility operating
in a permanently constructed structure, including any room, building,
place, or portion thereof, maintained, used, or operated for the
purpose of storing, preparing, serving, manufacturing, packaging, or
otherwise handling food at the retail level.

113851. "Permit" means the document issued by the enforcement
agency that authorizes a person to operate a food facility.

113853. "Permitholder" means the entity that is legally responsible
for the operation of the food facility, such as the owner, the owner'
s agent, or other person, and possesses a valid permit to operate a
food facility.

113855. "Person" means any individual, firm, partnership, joint
venture, association, limited liability company, corporation, estate,
trust, receiver, syndicate, city, county, or other political
subdivision, or any other group or combination acting as a unit.

113856. "Person in charge" means the individual present at a food
facility who is responsible for the operation of the food facility.

113859. (a) "Personal care items" means items or substances that
may be poisonous, toxic, or a source of contamination and are used to
maintain or enhance a person's health, hygiene, or appearance.
(b) "Personal care items" include items such as medicines, first
aid supplies, cosmetics, and toiletries such as toothpaste and
mouthwash.

113861. "pH" means the symbol for the negative logarithm of the
hydrogen ion concentration, which is a measure of the degree of
acidity or alkalinity of a solution. Values between 0 and 7 indicate
acidity and values between 7 and 14 indicate alkalinity. The value
for pure distilled water is 7, which is considered neutral.

113863. "Plumbing fixture" means a receptacle or device that is
permanently or temporarily connected to the water distribution system
of the premises and demands a supply of water from the system or
discharges used water, waste materials, or sewage directly or
indirectly to the drainage system of the premises.

113865. "Plumbing system" means the water supply and distribution
pipes, plumbing fixtures and traps, soil, waste, and vent pipes,
sanitary and storm sewers and building drains, including their
respective connections, devices, and appurtenances within the
premises, and water-treating equipment.

113867. "Poisonous or toxic materials" means substances that are
not intended for ingestion and are included in one of the following
categories:
(a) Cleaners and sanitizers, which include cleaning and sanitizing
agents and agents such as caustics, acids, drying agents, polishes,
and other chemicals.
(b) Pesticides except sanitizers, which include substances such as
insecticides and rodenticides.
(c) Substances necessary for the operation and maintenance of the
facility, such as nonfood grade lubricants and personal care items
that may be deleterious to health.
(d) Substances that are not necessary for the operation and
maintenance of the facility and are on the premises for retail sale,
such as petroleum products and paints.

113868. "Portable" means equipment that is capable of being lifted
and moved or has utility connections that are designed to be
disconnected or of sufficient length to permit the unit to be moved
for cleaning, and does not exceed 80 pounds (36kg) in weight.

113869. "Potable water" means water that complies with the
standards for transient noncommunity water systems pursuant to the
California Safe Drinking Water Act (Chapter 4 (commencing with
Section 116270) of Part 12, to the extent permitted by federal law.

113871. (a) "Potentially hazardous food" means a food that requires
time or temperature control to limit pathogenic micro-organism
growth or toxin formation.
(b) "Potentially hazardous food" includes a food of animal origin
that is raw or heat-treated, a food of plant origin that is
heat-treated or consists of raw seed sprouts, cut melons, cut
tomatoes or mixtures of cut tomatoes that are not modified to render
them unable to support pathogenic micro-organism growth or toxin
formation, and garlic-in-oil mixtures that are not acidified or
otherwise modified at a food processing plant in a way that results
in mixtures that do not support growth or toxin formation as
specified under subdivision (a).
(c) "Potentially hazardous food" does not include any of the
following:
(1) A food with an aw value of 0.85 or less.
(2) A food with a pH level of 4.6 or below when measured at 75 F.
(3) An air-cooled, hard-boiled egg with shell intact, or an egg
with shell intact that is not hard boiled, but has been pasteurized
to destroy all viable salmonellae.
(4) A food in an unopened, hermetically sealed container that is
commercially processed to achieve and maintain commercial sterility
under conditions of nonrefrigerated storage and distribution.
(5) A food that has been shown by appropriate microbial challenge
studies approved by the enforcement agency not to support the rapid
and progressive growth of infectious or toxigenic micro-organisms
that may cause food infections or food intoxications, or the growth
and toxin production of Clostridium botulinum, such as a food that
has an aw and a pH that are above the levels specified under
paragraphs (1) and (2) and that may contain a preservative, other
barrier to the growth of micro-organisms, or a combination of
barriers that inhibit the growth of micro-organisms.
(6) A food that does not support the rapid and progressive growth
of infectious or toxigenic micro-organisms, even though the food may
contain an infectious or toxigenic micro-organism or chemical or
physical contaminant at a level sufficient to cause illness.

113873. (a) "Poultry" means either of the following:
(1) Any domesticated bird, including chickens, turkeys, ducks,
geese, or guineas, whether live or dead, as defined in 9 C.F.R. 381
Poultry Products Inspection Regulations.
(2) Any migratory waterfowl, game bird, including a pheasant,
partridge, quail, grouse, or guinea, or pigeon, or squab, whether
live or dead, as defined in 9 C.F.R. 362 Voluntary Poultry Inspection
Program.
(b) "Poultry" does not include ratites.

113874. "Premises" means:
(a) The food facility, its contents, and the contiguous land or
property and its facilities and contents that are under the control
of the permitholder.
(b) The food facility, its contents, and the land or property not
described in subdivision (a) if the facility and contents are under
the control of the permitholder and may impact food facility
personnel, facilities, or operations.

113876. "Prepackaged food" means any properly labeled processed
food, prepackaged to prevent any direct human contact with the food
product upon distribution from the manufacturer, a food facility, or
other approved source.

113877. "Produce" means any whole edible portion of a plant in its
raw and natural state.

113879. "Produce stand" means a permanent food facility that sells,
offers for sale, or gives away only produce or shell eggs, or both,
except that "produce stand" does not include premises operated by a
producer selling or offering for sale only whole produce grown by the
producer, or shell eggs, or both, provided that the sales are
conducted on premises controlled by the producer.

113880. "Producer" means a person or entity who produces shell eggs
or edible plants by practice of the agricultural arts upon land that
the person or entity controls.

113881. "Ready-to-eat food" means food that is in a form that is
edible without additional preparation to achieve food safety, as
specified in Section 114004 or Section 114008, is a raw or partially
cooked food of animal origin and the consumer is advised as specified
under Section 114093, or may receive additional preparation for
palatability or aesthetic, epicurean, gastronomic, or culinary
purposes. "Ready-to-eat food" includes all of the following:
(a) Raw food of animal origin that is cooked as specified in
Section 114004 or 114008.
(b) Raw fruits and vegetables that are washed as specified in
Section 113992.
(c) Fruits and vegetables that are cooked for hot holding as
specified in Section 114010.
(d) All potentially hazardous food that is cooked to the
temperature and time required for the specific food under Sections
114004, 114008, and 114010 and cooled as specified in Section 114002.
(e) Produce for which further washing, cooking, or other
processing is not required for food safety, and from which rinds,
peels, husks, or shells, if naturally present, are removed.
(f) Substances derived from plants, such as spices, seasonings,
and sugar.
(g) A bakery item, such as bread, cakes, pies, fillings, or icing,
for which further cooking is not required for food safety.
(h) The following products that are produced in accordance with
USDA guidelines and that have received a lethality treatment for
pathogens: dry, fermented sausages, such as dry salami or pepperoni;
salt-cured meat and poultry products, such as prosciutto ham, country
cured ham, and parma ham; and dried meat and poultry products, such
as jerky or beef sticks.
(i) Foods manufactured according to 21 C.F.R. Part 113--Thermally
Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.

113883. "Reduced-oxygen packaging" means the reduction of the
amount of oxygen in a package by mechanically evacuating the oxygen,
displacing the oxygen with another gas or combination of gases, or
otherwise controlling the oxygen content in a package to a level
below that normally found in the surrounding atmosphere, which is 21
percent oxygen.
"Reduced-oxygen packaging" includes methods that may be referred
to as altered atmosphere, modified atmosphere, controlled atmosphere,
low oxygen, and vacuum packaging, including sous vide.

113885. "Refrigeration unit" means a mechanical unit that extracts
heat from an area through liquefaction and evaporation of a fluid by
a compressor, flame, or thermoelectric device, and includes a
mechanical thermostatic control device that regulates refrigerated
blown air into an enclosed area at or below the minimum required food
storage temperature of potentially hazardous foods in conformance
with Section 113996.

113887. "Refuse" means solid waste not carried by water through the
sewage system.

113889. "Remodel" means construction, building, or repair to the
food facility that requires a permit from the local building
authority. For purposes of mobile food facilities, temporary food
facilities, and satellite food service, "remodel" means any
replacement or significant modification of an integral piece of
equipment.

113893. (a) "Restricted food service facility" means either of the
following:
(1) A food facility of 20 guestrooms or less that provides
overnight transient occupancy accommodations, that serves food only
to its registered guests, that serves only a breakfast or similar
early morning meal and no other meals, and that includes the price of
food in the price of the overnight transient occupancy
accommodation.
(2) An agricultural homestay facility that meets all of the
following requirements:
(A) Has not more than six guest rooms or accommodates not more
than 15 guests.
(B) Provides overnight transient accommodations.
(C) Serves food only to its registered guests and serves meals at
any time, and includes the price of food in the price of the
overnight transient occupancy accommodation.
(D) Lodging and meals are incidental and not the primary function
of the agricultural homestay facility.
(E) The agricultural homestay facility is located on, and is a
part of, a farm, as defined in Section 52262 of the Food and
Agricultural Code, that produces agricultural products as its primary
source of income.
(b) Notwithstanding subdivision (a), a restricted food service
facility may serve light foods or snacks presented to the guest for
self-service.
(c) The predominant relationship between the occupants of a
restricted food service facility and the permitholder of the facility
is that of innkeeper and guest. For purposes of this section, the
existence of some other legal relationships as between some occupants
and the permitholder shall be immaterial.

113894. "Restrict" means to limit the activities of a food employee
so that there is no risk of transmitting a disease that is
transmissible through food and the food employee does not work with
exposed food, clean equipment, utensils, linens, and unwrapped
single-use articles.

113895. "Retail" means the storing, preparing, serving,
manufacturing, packaging, transporting, salvaging, or otherwise
handling food for dispensing or sale directly to the consumer or
indirectly through a delivery service.

113897. "Sanitization" means the application of cumulative heat or
chemicals on cleaned food-contact surfaces that, when evaluated for
efficacy, is sufficient to yield a reduction of five logs, which is
equal to a 99.999 percent reduction, of representative disease
micro-organisms of public health importance.

113899. "Satellite food service" means a remotely located food
service operation that is conducted on the same property as, in
reasonable proximity to, and in conjunction with and by, a fully
enclosed permanent food facility. Satellite food service does not
include remote food service operations located within a fully
enclosed permanent food facility.

113901. "Sealed" means free of cracks or other openings that allow
the entry or passage of moisture.

113903. "Service animal" means an animal such as a guide dog,
signal dog, or other animal individually trained to provide
assistance to an individual with a disability.

113907. "Shellfish certification number" means a unique combination
of letters and numbers assigned by a shellfish control authority to
a molluscan shellfish dealer according to law or to the provisions of
the National Shellfish Sanitation Program.

113909. "Shellfish control authority" means a state, federal,
foreign, tribal, or other government entity legally responsible for
administering a program that includes certification of molluscan
shellfish harvesters and dealers.

113911. "Shellstock" means raw, in-shell molluscan shellfish.

113912. "Shucked shellfish" means molluscan shellfish that have one
or both shells removed.

113914. "Single-use articles" mean utensils, tableware, carry-out
utensils, bulk food containers, and other items such as bags,
containers, placemats, stirrers, straws, toothpicks, and wrappers
that are designed and constructed for one time, one person use, after
which they are intended for discard. "Single-use articles" also
include items such as wax paper, butcher paper, plastic wrap, formed
aluminum food containers, jars, plastic tubs or buckets, bread
wrappers, pickle barrels, ketchup bottles, and number 10 cans that do
not meet the materials, durability, strength, and cleanability
specifications for utensils under Sections 114130, 114130.1, and
114130.3.

113916. "Smooth" means any of the following:
(a) A food-contact surface that is free of pits, pinholes, cracks,
crevices, inclusions, rough edges, and other surface imperfections
detectable by visual or tactile inspection.
(b) A nonfood-contact equipment surface equal to that of
commercial grade hot-rolled steel free of visible scale.
(c) A floor, wall, or ceiling having an even or level surface with
no roughness or projections that render it difficult to clean.

113917. "Swap meet" shall have the meaning set forth in Section
21661 of the Business and Professions Code.

113924. "Table-mounted equipment" means equipment that is not
portable and is designed to be mounted off the floor on a table,
counter, or shelf.

113926. "Tableware" means eating, drinking, and serving utensils
for table use, including forks, knives, spoons, bowls, cups, serving
dishes, tumblers, and plates.

113928. "Temperature measuring device" means a thermometer,
thermocouple, thermistor, or other device that indicates the
temperature of food, air, or water.

113930. "Temporary food facility" means a food facility approved by
the enforcement officer that operates at a fixed location for the
duration of an approved community event or at a swap meet and only as
a part of the community event or swap meet.

113931. "Tight-fitting" means fabricated so that joining members
are in contact along the entire seam with no opening greater than
1/64th inch (.04 cm).

113932. "Transporter" means any vehicle used to transport food
pursuant to a prior order from a manufacturer, distributor, retail
food facility, or other approved source to a retail food facility or
consumer.

113933. "USDA" means the United States Department of Agriculture.

113934. "Utensil" means a food-contact implement or container used
in the storage, preparation, transportation, dispensing, sale, or
service of food, such as kitchenware or tableware that is multiuse,
single-service, or single-use, gloves used in contact with food,
temperature sensing probes of food temperature measuring devices, and
probe-type price or identification tags used in contact with food.

113936. "Variance" means a written document issued by the
department that allows the use of an alternative practice or
procedure based on a determination by the department that the
alternate practice or procedure is equivalent to the existing
requirements, and that a health hazard will not result from the
alternative practice or procedure. A variance may be issued in the
following circumstances:
(a) For employee hygiene, as described in subdivision (e) of
Section 113953, and Sections 113953.3 and 113953.4.
(b) For protection of food from contamination, as described in
Sections 113984, 113986, 113988, and 113992.
(c) For time as a public health control, as described in Section
114000.
(d) For cooling time and methods, as described in Sections 114002
and 114002.1.
(e) For cooking and reheating temperatures for potentially
hazardous food, as described in Sections 114004, 114008, 114010, and
114016.
(f) For use of raw shell eggs in foods that are not thoroughly
cooked, as described in Section 114012.
(g) For thawing of frozen food, as described in Section 114020.
(h) For receiving temperatures of potentially hazardous foods, as
described in Section 114037.
(i) For reduced-oxygen packaging of potentially hazardous food, as
described in Sections 114057 and 114057.1.
(j) For sanitization methods for food-contact and nonfood-contact
surfaces, as described in Sections 114099.6, 114109, 114117, 114119,
and 114121.

113938. "Vending machine" means a self-service device that, upon
insertion of money or tokens, dispenses food without the necessity of
replenishing the device between each vending operation and that
operates in conjunction with a commissary. "Vending machine" does not
include any device dispensing exclusively peanuts, nuts, popcorn,
gum, or hard candy, prepackaged candy, cookies, crackers, or similar
snacks and beverages that are not potentially hazardous food, and
prepackaged ice.

113939. "Vermin" means cockroaches, mice, rats, and similar pests
that carry disease.

113939.1. "Vermin infestation" means the presence of vermin within
the food facility as evidenced by actual live bodies, fresh droppings
or vomitus, urine stains, or gnaw marks, that could result in
contamination to the food, equipment, packaging, or utensils.

113940. "Warewashing" means the cleaning and sanitizing of utensils
and food-contact surfaces of equipment.

113941. "Warm water" means water that is supplied through a mixing
valve or combination faucet at a temperature of at least 100