California Retail Food Code: skilled nursing facilities: intermediate care facilities for the developmentally disabled.

Existing law, the California Retail Food Code, provides for the regulation of health and sanitation standards for retail food facilities, as defined, by the State Department of Public Health and is primarily enforced by local health agencies. A violation of any provision of the code is a misdemeanor. This bill would exclude from the definition of a retail food facility an intermediate care facility for the developmentally disabled, as defined, with a capacity of 6 beds or fewer. The bill would require an intermediate care facility for the developmentally disabled to notify the local health department and the State Department of Public Health within 24 hours of a foodborne illness or outbreak. By expanding the definition of a crime, this bill would impose a state-mandated local program. Existing law requires a person proposing to build or remodel a food facility to submit plans and specifications to the enforcement agency for review, and to receive plan approval before starting any new construction or remodeling of any facility for use as a retail food facility. This bill would, notwithstanding these provisions, require that the Office of Statewide Health Planning and Development (OSHPD) maintain its primary jurisdiction over licensed skilled nursing facilities, and would require, when new construction, modernization, or remodeling must be undertaken, that a facility complete a building application and plan check process as required by OSHPD. This bill would incorporate additional changes in Section 113789 of the Health and Safety Code, proposed by AB 1616, to be operative only if AB 1616 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.