114060-114083

HEALTH AND SAFETY CODE
SECTION 114060-114083




114060.  (a) Except for nuts in the shell and whole raw fruits and
vegetables that are intended for hulling, peeling, or washing by the
consumer before consumption, food on display shall be protected from
contamination by the use of packaging, counter, service line, or
sneeze guards that intercept a direct line between the consumer's
mouth and the food being displayed, containers with tight-fitting
securely attached lids, display cases, mechanical dispensers, or
other effective means.
   (b) Nonprepackaged food may be displayed and sold in bulk in other
than self-service containers if both of the following conditions are
satisfied:
   (1) The food is served by a food employee directly to a consumer.
   (2) The food is displayed in clean, sanitary, and covered, or
otherwise protected, containers.



114063.  (a) Raw, nonprepackaged food of animal origin, such as
beef, lamb, pork, poultry, and eviscerated fish, shall not be offered
for consumer self-service. This subdivision does not apply to the
following:
   (1) Consumer self-service of ready-to-eat foods at buffets or
salad bars that serve foods such as sushi or raw shellfish.
   (2) Ready-to-cook individual portions for immediate cooking and
consumption on the premises, such as consumer-cooked meats or
consumer-selected ingredients for Mongolian barbecue, or raw, frozen
shrimp, lobster, finfish, or scallop abductor muscle, or frozen
breaded seafood.
   (b) Nonprepackaged food may be displayed in bulk for consumer
self-service if all of the following conditions are satisfied:
   (1) Produce and food requiring further processing, except raw food
of animal origin, may be displayed on open counters or in
containers.
   (2) Except for salad bar and buffet-type food service, a label
shall be conspicuously displayed in plain view of the consumer and
securely attached to each self-service container, or in clear
relationship to it, and shall contain the information required in
Section 114089.
   (3) Nonfood items shall be displayed and stored in an area
separate from food.
   (c) French style, hearth-baked, or hard-crusted loaves and rolls
shall be considered properly wrapped if contained in an open-end bag
of sufficient size to enclose the loaves or rolls.
   (d) Consumer self-service operations for ready-to-eat foods such
as buffets and salad bars shall be provided with a suitable food
dispensing utensil for each container displayed or effective
dispensing methods that protect the food from contamination.
   (e) Consumer self-service operations such as buffets and salad
bars shall be checked periodically on a regular basis by food
employees trained in safe operating procedures.



114065.  Notwithstanding Section 114266, this section shall not be
construed to require the enclosure, during operating hours, of
consumer self-service nonpotentially hazardous bulk beverage
dispensing operations that meet the following requirements:
   (a) The dispensing operation is installed contiguous with a
permanent food facility and is operated by the food facility.
   (b) The beverages are dispensed from enclosed equipment that
precludes exposure of the beverages until they are dispensed at the
nozzles. The dispensing equipment actuating lever or mechanism and
filling device of consumer self-service beverage dispensing equipment
shall be designed to prevent contact with the lip-contact surface of
glasses or cups that are refilled.
   (c) Ice and ice product are dispensed only from an ice product
dispenser. Ice and ice product are not scooped or manually loaded
into a dispenser out-of-doors.
   (d) Single-use utensils are protected from contamination and are
individually wrapped or dispensed from approved sanitary dispensers.
   (e) The dispensing operations have overhead protection that fully
extends over all equipment associated with the facility.
   (f) During nonoperating hours the dispensing operations are fully
enclosed so as to be protected from contamination by vermin and
exposure to the elements.
   (g) The permitholder of the permanent food facility demonstrates
to the enforcement agency that adequate methods are in place to
properly clean and sanitize the beverage dispensing equipment.
   (h) Beverage dispensing operations are in compliance with Section
113980 and have been approved by the enforcement agency.
   (i) Beverage dispensing operations are under the constant and
complete control of the person in charge of the permanent food
facility who is operating the dispensing equipment.



114067.  (a) Satellite food service is restricted to limited food
preparation.
   (b) Satellite food service shall only be operated by a fully
enclosed permanent food facility that meets the requirements for food
preparation and service and that is responsible for servicing the
satellite food service operation.
   (c) Prior to conducting satellite food service, the permitholder
of the permanent food facility shall submit to the enforcement agency
written standard operating procedures that include all of the
following information:
   (1) All food products that will be handled and dispensed.
   (2) The proposed procedures and methods of food preparation and
handling.
   (3) Procedures, methods, and schedules for cleaning utensils,
equipment, structures, and for the disposal of refuse.
   (4) How food will be transported to and from the permanent food
facility and the satellite food service operation, and procedures to
prevent contamination of foods.
   (5) How potentially hazardous foods will be maintained in
accordance with Section 113996.
   (d) All food preparation shall be conducted within a food
compartment or fully enclosed facility approved by the enforcement
officer.
   (e) Satellite food service areas shall have overhead protection
that extends over all food handling areas.
   (f) Satellite food service operations that handle nonprepackaged
food shall be equipped with approved handwashing facilities and
warewashing facilities that are either permanently plumbed or
self-contained.
   (g) Notwithstanding subdivision (f), the local enforcement agency
may approve the use of alternative warewashing facilities.
   (h) During nonoperating hours and periods of inclement weather,
food, food contact surfaces, and utensils shall be stored within any
of the following:
   (1) A fully enclosed satellite food service operation.
   (2) Approved food compartments where food, food contact surfaces,
and utensils are protected at all times from contamination, exposure
to the elements, ingress of vermin, and temperature abuse.
   (3) A fully enclosed permanent food facility.
   (i) Satellite food service activities shall be conducted by and
under the constant and complete control of the permitholder of the
fully enclosed permanent food facility, or the duly contracted
personnel of, or third-party providers to, the permitholder.
   (j) For purposes of permitting and enforcement, the permitholder
of the permanent food facility and the permitholder of the satellite
food service shall be the same.



114069.  Only prepackaged nonpotentially hazardous food or uncut
produce may be displayed or sold outdoors by a food facility if all
of the following conditions are satisfied:
   (a) Outdoor displays have overhead protection that extends over
all food items.
   (b) Food items from the outdoor display are stored inside the
fully enclosed food facility at all times other than during business
hours.
   (c) Outdoor displays comply with Section 113980 and have been
approved by the enforcement agency.
   (d) Outdoor displays are under the control of the permitholder of
the fully enclosed food facility and are checked periodically on a
regular basis.



114073.  Bulk milk container dispensing tubes shall be cut on the
diagonal leaving no more than one inch protruding from the chilled
dispensing head.


114074.  If tableware is preset, exposed, and unused, extra settings
shall either be removed when a consumer is seated or cleaned and
sanitized before further use.



114075.  (a) Except for refilling a consumer's drinking cup or
container without contact between the pouring utensil and the
lip-contact area of the drinking cup or container, food employees
shall not use tableware, including single-use articles, soiled by the
consumer, to provide second portions or refills.
   (b) Except as specified in subdivision (d), self-service consumers
shall not be allowed to use soiled tableware, including single-use
articles, to obtain additional food from the display and serving
equipment.
   (c) Consumers shall be notified that clean tableware is to be used
when they return to self-service areas such as salad bars and
buffets.
   (d) Drinking cups and containers may be reused by self-service
consumers if refilling of a consumer's drinking cup is done without
contact between the pouring utensil and the lip contact area of the
cup or container.
   (e) Personal take-out beverage containers, such as thermally
insulated bottles, nonspill coffee cups, and promotional beverage
glasses, may be refilled by employees or the consumer if refilling is
a contamination-free process as specified in subdivision (a).



114077.  Condiments shall be protected from contamination by being
kept in dispensers that are designed to provide protection, protected
food displays provided with the proper utensils, original containers
designed for dispensing, or individual packages or portions.



114079.  (a) Except as specified in subdivision (b), after being
served or sold and in the possession of a consumer, food that is
unused or returned by the consumer shall not be offered as food for
human consumption.
   (b) A container of food that is not potentially hazardous may be
transferred from one consumer to another if the food is dispensed so
that it is protected from contamination and the container is closed
between uses, such as a narrow-neck bottle containing catsup, steak
sauce, or wine, or if the food, such as crackers, salt, or pepper, is
in an unopened original package and is maintained in sound
condition, and if the food is checked periodically on a regular
basis.


114081.  (a) Single-use articles and cleaned and sanitized
multiservice utensils shall be handled, displayed, and dispensed so
that contamination of food and lip-contact surfaces is prevented.
   (b) Knives, forks, and spoons that are not prewrapped shall be
presented so that only the handles are touched by employees, and by
consumers if consumer self-service is provided.
   (c) Except as specified under subdivision (b), single-use articles
that are intended for food or lip-contact shall be furnished for
consumer self-service with the original individual wrapper intact or
from an approved dispenser.
   (d) Single-use articles shall not be reused.



114083.  Soiled tableware shall be removed from consumer eating and
drinking areas and handled so that clean tableware, food, and
food-contact surfaces are not contaminated.