2005 California Health and Safety Code Sections 113990-114070

Article 7. Sanitation Requirements for Food Facilities

HEALTH AND SAFETY CODE SECTION 113990-114070

113990.
This article governs the sanitation requirements for food facilities as defined in this chapter.

113995.
(a) All potentially hazardous food transported to or from a retail food facility for more than 30 minutes, excluding raw shell eggs, must be held at or below 7°C (45°F) or at or above 57.2°C (135°F) at all times. Storage and display of raw shell eggs are governed by Sections 113997 and 114351.

(b) A retail food facility may accept potentially hazardous food at or below 7°C (45°F) if the food is cooled within four hours of receipt to a temperature at or below 5°C (41°F).

(c) All potentially hazardous food must be held at or below 5°C (41°F) or at or above 57.2°C (135°F) at all times, except for:

1. Unshucked live molluscan shellfish, which shall not be stored or displayed above 7°C (45°F).
2. Frozen potentially hazardous foods, which must be stored and displayed in their frozen state unless being thawed per Section 114085.
3. Potentially hazardous foods held for dispensing in serving lines and salad bars for no more than 12 hours in any 24-hour period or held in vending machines, which may not exceed 7°C (45°F). Display cases are not considered serving lines.
4. Pasteurized milk and products in original, sealed containers must not exceed 7°C (45°F).

(d) Potentially hazardous foods may be held at other temperatures under the following circumstances:

1. While being heated or cooled.
2. When the food facility operates under a HACCP plan per Section 114055 or 114056.
3. When time, not temperature, is used as the public health control for working supplies or ready-to-eat potentially hazardous food displayed or held for immediate consumption if the following conditions are met:
   • The food is marked to indicate the time four hours after it was removed from temperature control.
   • The food is cooked, served, or discarded within four hours of being removed from temperature control.
   • Food in unmarked containers or exceeding the four-hour limit must be discarded.
   • Written procedures ensuring compliance must be maintained and available to the enforcement agency.

(e) A thermometer accurate to ±1°C (2°F) shall be provided for each refrigeration unit, located in the warmest part of the unit, and must be visible. An accurate, easily readable metal probe thermometer suitable for measuring food temperature shall be available on the premises, except for vending machines.

113995.5.
(a) Notwithstanding Sections 113995 and 114315, if permitted by federal law, a food establishment may sell Korean rice cakes at room temperature for no more than 24 hours.

(b) Korean rice cakes at room temperature for more than 24 hours must be destroyed in a manner approved by the local enforcement agency.

(c) “Korean rice cake” is defined as a confection containing rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts, dried fruits, and dried pumpkin, excluding any animal fats or animal-derived products. It is prepared using a traditional Korean method that includes steaming at not less than 275°F for five to 15 minutes.

(d) All manufacturers of Korean rice cakes must label them according to Section 111223.

113996.
(a) All ready-to-eat foods prepared from raw or incompletely cooked animal tissue must be thoroughly cooked before serving, meeting the following internal temperature requirements:

1. Comminuted meat or any food containing it must be heated to at least 69°C (157°F) or an optional 68°C (155°F) for 15 seconds.
2. Eggs and foods containing raw eggs must be heated to at least 63°C (145°F).
3. Pork must be heated to at least 63°C (145°F) for 15 seconds.
4. Poultry, comminuted poultry, stuffed fish, meat, or poultry, and any food stuffed with these must be heated to at least 74°C (165°F).

(b) Foods containing raw or incompletely cooked animal tissue prepared in a microwave must be heated to at least 74°C (165°F) throughout, enclosed to retain moisture, stirred or rotated for even heating, and allowed to stand for two minutes after microwaving.

(c) Ready-to-eat foods made from or containing raw or less-than-thoroughly cooked eggs, comminuted meat, or single pieces of meat may be served if:

1. The consumer specifically orders it to be prepared less than thoroughly cooked.
2. The food facility notifies the consumer that the food is raw or less than thoroughly cooked.

(d) The department may authorize alternative time and temperature heating requirements if they provide an equivalent level of food safety.

(e) “Meat” includes beef, veal, lamb, pork, and other edible animals, excluding eggs, fish, and poultry, offered for human consumption.

(f) The Legislature intends these requirements to be uniformly enforced, and the department shall train and guide local health departments accordingly.

113997.
(a) Raw shell eggs must be stored and displayed at an ambient temperature of 7°C (45°F) or below.

(b) Eggs may be stored and displayed unrefrigerated if:

1. Not more than four days have passed since packing.
2. The eggs were not previously refrigerated.
3. The eggs are not stored or displayed above 32°C (90°F).
4. Containers are labeled “REFRIGERATE AFTER PURCHASE” or a sign advises consumers to refrigerate as soon as practical after purchase.
5. Containers are identified with the packing date.
6. Unsold eggs after four days must be refrigerated, diverted to pasteurization, or destroyed.

113998.
(a) Potentially hazardous food prepared, cooked, and cooled by a food facility must be reheated for hot holding to at least 74°C (165°F).

(b) Ready-to-eat food from a commercially processed container or an intact package from an inspected food processing plant must be heated to at least 57.2°C (135°F) for hot holding. Immediate service food is exempt from this requirement.

114000.
Raw duck exempt from Section 113995 for up to two hours if subsequently cooked at 177°C (350°F) for at least 60 minutes.

(a) Chinese-style roast duck is exempt for up to four hours due to preparation methods that inhibit microorganism growth. This exemption applies only to Section 113995.

(b) “Chinese-style roast duck” includes barbecue duck, dry hung duck, and Peking duck prepared by cleaning the cavity, marinating, closing the cavity, and roasting at 177°C (350°F) or more for at least 60 minutes.

114002.
(a) Potentially hazardous food must be rapidly cooled if not held at or above 57.2°C (135°F).

(b) After heating or hot holding, it must be cooled rapidly:

1. From 57.2°C (135°F) to 21°C (70°F) within two hours.
2. From 21°C (70°F) to 5°C (41°F) or below within four hours.

(c) Food prepared at ambient temperature must be cooled to 5°C (41°F) or below within four hours.

(d) Rapid cooling methods include:

1. Placing food in shallow, heat-conducting pans.
2. Separating food into smaller portions.
3. Using rapid-cooling equipment.
4. Using containers facilitating heat transfer.
5. Adding ice as an ingredient.
6. Inserting containers in an ice bath and stirring frequently.
7. Following a HACCP plan.
8. Other effective means approved by the enforcement agency.

(e) Food containers in cooling or cold-holding equipment must be arranged to maximize heat transfer, loosely covered or uncovered if protected from contamination, and stirred as necessary.

(f) Other cooling methods may be used unless deemed unacceptable by the enforcing agency, including following a HACCP plan.

114003.
(a) Food must be inspected upon receipt and before use, storage, or resale.

(b) Food is accepted if:

1. Prepared by approved sources.
2. Received in a wholesome condition.
3. In uncontaminated or undamaged containers.
4. In containers or on pallets free of vermin.

(c) Potentially hazardous food must be inspected for spoilage and temperature adherence per Section 113995. Hard-frozen foods or those visibly well packed in ice do not need temperature checks.

(d) Shell eggs must be clean and unbroken upon receipt.

(e) No raw or raw frozen molluscan shellfish is accepted unless properly labeled. The shellfish certification tag must be retained for 90 days. Live molluscan shellfish must be received at or below 7°C (45°F), or above 7°C (45°F) if received on the harvest date.

(f) Frozen food must show no signs of thawing or refreezing.

114005.
Nonprofit organizations serving meals to indigent persons may use legally obtained donated fish and game, as defined by the Fish and Game Code.

114010.
All food must be protected from contamination during preparation, storage, display, dispensing, transportation, sale, and service.

114015.
(a) Unpackaged food served to any person or returned from any eating area cannot be served again or used to prepare other food. Food prepared or stored in a private home cannot be used in a food facility, except nonperishable, prepackaged food that meets specific criteria.

(b) Every bakery product must

have a protective wrapping with a label that complies with the Sherman Food, Drug, and Cosmetic Law. Exceptions include bakery products sold directly to a restaurant, catering service, retail bakery, or directly to the consumer by the manufacturer.

114020.
(a) Employees must avoid actions that could contaminate food, food contact surfaces, or utensils.

(b) Employees handling food or utensils must wear clean, washable outer garments or uniforms and confine hair with hairnets, caps, or other suitable coverings.

(c) Employees must thoroughly wash their hands and exposed arms before food preparation, dispensing, or handling clean utensils. Handwashing must also occur:

1. Before food preparation or handling.
2. Before serving food or handling tableware.
3. As necessary to prevent cross-contamination.
4. After touching human body parts.
5. After using the toilet.
6. After caring for animals allowed in the facility.
7. After coughing, sneezing, using a handkerchief, tobacco, eating, or drinking.
8. After handling soiled equipment or utensils.
9. After any activity contaminating hands.

(d) Employees must not use tobacco or expectorate where food is prepared, served, or stored, or where utensils are cleaned or stored.

(e) Food employees must use utensils to assemble or handle ready-to-eat food, but may use bare hands in an approved food preparation area after washing hands. Utensils must be sanitized before reuse.

(f) Gloves must be worn if employees have cuts, sores, rashes, artificial nails, nail polish, rings, or uncleanable orthopedic support devices, or if nails are not clean, trimmed, and smooth.

(g) Gloves must be changed or washed as often as handwashing is required.

114021.
Employers must post legible signs to prevent food contamination, including:

(a) Signs in each toilet room reminding employees to wash hands. (b) “No Smoking” signs in food preparation, storage, utensil cleaning, and storage areas.

114022.
When disease transmission is suspected, enforcement officers must investigate and take appropriate action, including excluding employees, closing the facility, or requiring medical exams.

114025.
(a) Only approved pesticides can be used in food facilities.

(b) Poisonous substances must be stored and used in labeled containers.

(c) Poisonous substances must be stored and used to avoid contaminating food, food contact surfaces, utensils, or packaging.

114030.
Food facilities must be constructed, equipped, maintained, and operated to prevent animal, bird, and vermin entry and harborage.

114035.
Facilities must have waste disposal systems. Food waste and rubbish must be kept in leakproof, rodentproof containers with close-fitting lids or sealed in moisture-impervious bags and removed as necessary to prevent nuisances.

114040.
Food facility premises must be clean and free of litter, rubbish, and vermin.

114045.
(a) Live animals, birds, or fowl are not allowed in food facilities, except for guide dogs, signal dogs, service dogs, or law enforcement dogs. These animals are excluded from food preparation and utensil wash areas.

114050.
Facilities, equipment, utensils, and facilities must be kept clean and in good repair.

114055.
Food facilities may operate under a HACCP plan, designating responsible individuals, providing employee training, and monitoring critical control points.

114056.
HACCP plans with different critical limits than those in Sections 113845, 113995, and 114003 require enforcement agency approval.

114057.
Potentially hazardous foods packed in oxygen-reduced atmosphere or partially cooked and sealed must be date-coded with “Use By” followed by the month, day, and year.

114060.
Manual sanitization must be accomplished by contact with specified sanitizing solutions or water at 82°C (180°F) for 30 seconds. Testing equipment must be available to measure sanitization methods.

114065.
New or replacement food-related and utensil-related equipment must be certified for sanitation by an ANSI-accredited program or approved by the enforcement agency.

114070.
Sulfites must not be added to potentially hazardous foods.