California Retail Food Code.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities for regulation by the State Department of Public Health, and requires local enforcement agencies to enforce those provisions. Existing law defines "food facility" as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, as specified. Existing law defines "limited food preparation" for the purposes of the code. A violation of the California Retail Food Code is generally a misdemeanor. This bill would include a catering operation and a host facility within the definition of a food facility. The bill would define "catering operation" as a food service that is conducted by a permanent food facility approved for food preparation where food is served, or limited food preparation is conducted, at a location other than its permitted location, whether as part of a contracted offsite food service event or when operating in conjunction with a host facility with direct food sales. The bill would define "host facility" as a facility located in a brewery, winery, or commercial building, or another location as approved by the local enforcement agency, that meets applicable requirements to support a catering operation, as specified, and that has a permit pursuant to specified provisions. The bill would impose various requirements on a catering operation relating to food safety, storage, transportation, and other circumstances, and would require the catering operation to submit to the enforcement agency written standard operating procedures and, upon request, records for its offsite food services activities, with specified information. The bill would impose various requirements on a host facility relating to, among other things, the plan review process, which includes a list of catering operations that will be supported by the host facility, among other information. The bill would authorize the enforcement agency to establish additional structural or operational requirements, as specified, to ensure the sanitary operation of a host facility. The bill would also include a catering operation as an authorized food facility for purposes of certain provisions relating to an open-air barbecue and an outdoor wood-burning oven. The bill would include the holding, portioning, or dispensing of foods by a catering operation for a host facility within, and exclude the handling, manufacturing, freezing, processing, or packaging of specified milk, milk products, or products resembling milk products from, the definition of "limited food preparation." Existing law requires every food facility to maintain on the premises the label for any food or food additive that is, or includes, any fat, oil, or shortening, as specified, and prohibits any food containing artificial trans fat from being stored, distributed, or served by, or used in the preparation of any food within, a food facility. This bill would repeal those provisions and make technical, conforming changes. By imposing new duties on local officials and expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 113789 of the Health and Safety Code proposed by AB 626 and AB 2178 to be operative only if this bill and AB 626, this bill and AB 2178, or all 3 bills are enacted and this bill is enacted 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.