SECTIONS 114259-114259.5 - California Statutes

HEALTH AND SAFETY CODE

SECTION 114259-114259.5

114259. A food facility shall at all times be constructed,
equipped, maintained, and operated as to prevent the entrance and
harborage of animals, birds, and vermin, including, but not limited
to, rodents and insects.

114259.1. The premises of each food facility shall be kept free of
vermin.

114259.2. Passthrough window service openings shall be limited to
216 square inches each. The service openings shall not be closer
together than 18 inches. Each opening shall be provided with a solid
or screened window, equipped with a self-closing device. Screening
shall be at least 16 mesh per square inch. Passthrough windows of up
to 432 square inches are approved if equipped with an air curtain
device. The counter surface of the service openings shall be smooth
and easily cleanable.

114259.3. (a) Insect control devices that are used to electrocute
or stun flying insects shall be designed to retain the insect within
the device.
(b) Insect control devices shall be installed so that the devices
are not located over a food or utensil handling area and dead insects
and insect fragments are prevented from being impelled onto or
falling on nonprepackaged food, clean equipment, utensils, linens,
and unwrapped single-use articles.

114259.4. (a) Except as specified in subdivision (b), food
employees shall not care for or handle animals that may be present,
such as patrol dogs, service animals, or pets that are allowed as
specified in subdivision (b) of Section 114259.5.
(b) Food employees with service animals may handle or care for
their service animals if they wash their hands as required in this
part. Food employees may handle or care for fish in aquariums or
molluscan shellfish or crustacea in display tanks if they wash their
hands as required in this part.

114259.5. (a) Except as specified in subdivision (b), live animals
may not be allowed in a food facility.
(b) Live animals may be allowed in any of the following situations
if the contamination of food, clean equipment, utensils, linens, and
unwrapped single-use articles cannot result:
(1) Edible fish or decorative fish in aquariums, shellfish or
crustacea on ice or under refrigeration, and shellfish and crustacea
in display tank systems.
(2) Animals intended for consumption if the live animals are kept
separate from all food and utensil handling areas, are held in
sanitary conditions, are slaughtered in a separate room designed
solely for that purpose and separated from other food and utensil
handling areas, and maintained in an area that has ventilation
separate from food and utensil handling areas.
(3) Dogs under the control of a uniformed law enforcement officer
or of uniformed employees of private patrol operators and operators
of a private patrol service who are licensed pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business and
Professions Code, while those employees are acting within the course
and scope of their employment as private patrol persons.
(4) In areas that are not used for food preparation and that are
usually open for consumers, such as dining and sales areas, service
animals that are controlled by a disabled employee or person, if a
health or safety hazard will not result from the presence or
activities of the service animal.
(5) Pets in the common dining areas of restricted food service
facilities at times other than during meals if all of the following
conditions are satisfied:
(A) Effective partitioning and self-closing doors separate the
common dining areas from food storage or food preparation areas.
(B) Condiments, equipment, and utensils are stored in enclosed
cabinets or removed from the common dining areas when pets are
present.
(C) Dining areas including tables, countertops, and similar
surfaces are effectively cleaned before the next meal service.
(6) In areas that are not used for food preparation, storage,
sales, display, or dining, in which there are caged animals or
animals that are similarly restricted, such as in a variety store
that sells pets or a tourist park that displays animals.
(7) If kept at least 20 feet (6 meters) away from any mobile food
facility, temporary food facility, or certified farmers' market.
(c) Those persons and operators described in paragraphs (3) and
(4) are liable for any damage done to the premises or facilities by
the dog.
(d) Live or dead fish bait may be stored if contamination of food,
clean equipment, utensils, linens, and unwrapped single-use articles
cannot result.