114130-114145

HEALTH AND SAFETY CODE
SECTION 114130-114145




114130.  (a) Equipment and utensils shall be designed and
constructed to be durable and to retain their characteristic
qualities under normal use conditions.
   (b) Except as specified in subdivision (c), all new and
replacement food-related and utensil-related equipment shall be
certified or classified for sanitation by an American National
Standards Institute (ANSI) accredited certification program. In the
absence of an applicable ANSI certified sanitation standard,
food-related and utensil-related equipment shall be evaluated for
approval by the enforcement agency.
   (c)  Restricted food service facilities need not comply with
subdivision (b), depending on the extent of the food service
activities, and if the enforcement officer determines that the
equipment meets the characteristics of subdivision (a).
   (d) All new and replacement electrical appliances shall meet
applicable Underwriters Laboratories standards for electrical
equipment as determined by an ANSI accredited certification program.



114130.1.  Materials that are used in the construction of utensils
and food-contact surfaces of equipment shall not allow the migration
of deleterious substances or impart colors, odors, or tastes to food
and under normal use conditions shall be safe, durable,
corrosion-resistant, and nonabsorbent, sufficient in weight and
thickness to withstand repeated warewashing, finished to have a
smooth, easily cleanable surface, and resistant to pitting, chipping,
crazing, scratching, scoring, distortion, and decomposition.



114130.2.  Materials that are used to make single-use articles shall
not allow the migration of deleterious substances or impart colors,
odors, or tastes to food, and shall be safe and clean.



114130.3.  (a) Multiuse food-contact surfaces shall be all of the
following:
   (1) Smooth.
   (2) Free of breaks, open seams, cracks, chips, inclusions, pits,
and similar imperfections.
   (3) Free of sharp internal angles, corners, and crevices.
   (4) Finished to have smooth welds and joints.
   (5) Except as specified in subdivision (b), accessible for
cleaning and inspection by one of the following methods:
   (A) Without being disassembled.
   (B) By disassembling without the use of tools.
   (C) By easy disassembling with the use of handheld tools commonly
available to maintenance and cleaning personnel such as screwdrivers,
pliers, open-end wrenches, and Allen wrenches.
   (b) Paragraph (5) of subdivision (a) shall not apply to cooking
oil storage tanks, distribution lines for cooking oils, or beverage
syrup lines or tubes.



114130.4.  Nonfood-contact surfaces of equipment that are exposed to
splash, spillage, or other food soiling or that require frequent
cleaning shall be constructed of a corrosion-resistant, nonabsorbent,
and smooth material that allows easy cleaning and to facilitate
maintenance and free of unnecessary ledges, projections, and crevices
to allow for easy cleaning and to facilitate maintenance.



114130.5.  (a) Except for CIP equipment in operation before the
effective date of this part, CIP equipment shall meet the
characteristics of a food contact surface and shall be designed and
constructed so that cleaning and sanitizing solutions circulate
throughout a fixed system and contact all interior food-contact
surfaces and the system is self-draining or capable of being
completely drained of cleaning and sanitizing solutions.
   (b) CIP equipment that is not designed to be disassembled for
cleaning shall be designed with inspection access points to ensure
that all interior food-contact surfaces throughout the fixed system
are being effectively cleaned.



114130.6.  Materials that are used in fabric implements shall not
allow the migration of deleterious substances or impart colors,
odors, or tastes to food and under normal use conditions shall be
safe, durable, and sufficient in strength to withstand repeated
cleaning or laundering and shall be resistant to fraying and
deterioration.



114132.  (a) Except as specified in this section, wood and wood
wicker shall not be used as a food-contact surface.
   (b) Hard maple or an equivalently hard, close-grained wood may be
used for cutting boards, cutting blocks, bakers' tables, utensils
such as rolling pins, doughnut dowels, salad bowls, and chopsticks,
wooden paddles used in confectionery operations for pressure scraping
kettles when manually preparing confections at a temperature of 230
F or above, and cedar planks used for grilling or baking seafood.
   (c) Whole, uncut, raw fruits and vegetables and nuts in the shell
may be kept in wood shipping containers until the fruits, vegetables,
or nuts are used.
   (d) When wood or wood shipping containers become cracked,
splintered, or otherwise damaged, they shall be refurbished or
replaced.



114133.  (a) Except as specified in subdivision (b), copper and
copper alloys such as brass may not be used in contact with a food
that has a pH below six, such as vinegar, fruit juice, or wine, or
for a fitting or tubing installed between a backflow prevention
device and a carbonator.
   (b) Copper and copper alloys may be used in contact with beer
brewing ingredients that have a pH below six in the prefermentation
and fermentation steps of a beer brewing operation, such as a brewpub
or microbrewery.



114135.  Sponges shall not be used in contact with cleaned and
sanitized or in-use food-contact surfaces.



114137.  Except for hot oil cooking or filtering equipment, "V" type
threads shall not be used on food-contact surfaces.



114139.  Cutting or piercing parts of can openers shall be readily
removable for cleaning and for replacement.



114141.  Lubricants shall be applied to food-contact surfaces that
require lubrication in a manner that does not contaminate food or
food-contact surfaces. Equipment shall be reassembled after
lubrication so that food contact surfaces are not contaminated. Only
approved food grade lubricants shall be used for this purpose.




114143.  Notwithstanding any of the provisions of this part, neither
the department nor any city, county, city and county air pollution
control district, or air quality management district shall require
the enclosure of an open-air barbecue or outdoor wood-burning oven if
the enforcement officer determines that the barbecue or wood-burning
oven meets all of the following requirements:
   (a) The open-air barbecue or outdoor wood-burning oven is operated
on the same premises as, in reasonable proximity to, and in
conjunction with, a permanent food facility that is approved for food
preparation, or a temporary food facility or a mobile food facility
that is operating at a community event. The permitholder of the
permanent food facility, temporary food facility or mobile food
facility shall be deemed to be the permitholder of the open-air
barbecue or outdoor wood-burning oven, and shall be responsible for
ensuring that it is operated in full compliance with this part.
   (b) The open-air barbecue or outdoor wood-burning oven is not
operated in, or out of, any motor vehicle, or in any area or location
that may constitute a fire hazard, as determined by the enforcement
officer.
   (c) The open-air barbecue or outdoor wood-burning oven is
separated from public access to prevent food contamination or injury
to the public by using ropes or other approved methods.
   (d) If the open-air barbecue or outdoor wood-burning oven is a
permanent structure, it shall be equipped with an impervious and
easily cleanable floor surface that extends a minimum of five feet
from the open-air barbecue or outdoor wood-burning oven facility on
all open sides.
   (e) Sanitary facilities, including, but not limited to, toilet
facilities and handwashing facilities shall be available for use
within 200 feet in travel distance of the open-air barbecue or
outdoor wood-burning oven and shall comply with all provisions of
this part.



114145.  Vending machines shall meet all applicable requirements of
this part and shall comply with the following:
   (a) Each vending machine or machine location shall have posted in
a prominent place a sign indicating the owner's name, address, and
telephone number.
   (b) Wet storage of prepackaged products is prohibited.
   (c) Potentially hazardous food shall be dispensed to the consumer
in the original package into which it was placed at the commissary or
food processing plant. Bulk potentially hazardous food is
prohibited.
   (d) Single-use articles that are used in machines dispensing
products in bulk shall be obtained in sanitary packages. The
single-use articles shall be stored in the original package until
introduced into the container magazine or dispenser of the vending
machine.
   (e) A record of cleaning and sanitizing shall be maintained by the
operator in each machine and shall be current for at least the past
30 days.
   (f) All vending machines shall be constructed in accordance with
applicable NSF International or National Automatic Merchandizing
Association standards, or the equivalent thereof.
   (g) If located outside, a vending machine shall be provided with
overhead protection.
   (h) The dispensing compartment of a vending machine shall be
equipped with a self-closing door or cover if the machine is located
in an outside area that does not otherwise afford the protection of
an enclosure against the rain, windblown debris, insects, rodents,
and other contaminants that are present in the environment, or if the
machine is available for self-service during hours when it is not
under the full-time supervision of an employee.