Section 114332.3 - Preparation of potentially hazardous food or beverage; protection of food and beverage(a) No potentially hazardous food or beverage stored or prepared in a private home may be offered for sale, sold, or given away from a nonprofit charitable temporary food facility. Potentially hazardous food shall be prepared in a food establishment or on the premises of a nonprofit charitable temporary food facility.(b) All food and beverages shall be protected at all times from unnecessary handling and shall be stored, displayed, and served so as to be protected from contamination.(c) Potentially hazardous food and beverages shall be maintained at or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above 57.2 degrees Celsius (135 degrees Fahrenheit) at all times.(d) Ice used in beverages shall be protected from contamination and shall be maintained separate from ice used for refrigeration purposes.(e) All food and food containers shall be stored off the floor on shelving or pallets located within the facility.(f) Smoking a tobacco product is prohibited in nonprofit charitable temporary food facilities.(g)(1) Except as provided in paragraph (2), live animals, birds, or fowl shall not be kept or allowed in nonprofit charitable temporary food facilities.(2) Paragraph (1) does not prohibit the presence, in any room where food is served to the public, guests, or patrons, of a guide dog, signal dog, or service dog, as defined by Section 54.1 of the Civil Code, accompanied by a totally or partially blind person, deaf person, person whose hearing is impaired, or handicapped person, or dogs accompanied by persons licensed to train guide dogs for the blind pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code.(3) Paragraph (1) does not apply to dogs under the control of uniformed law enforcement officers or of uniformed employees of private patrol operators and operators of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while these employees are acting within the course and scope of their employment as private patrol persons.(4) The persons and operators described in paragraphs (2) and (3) are liable for any damage done to the premises or facilities by the dog.(5) The dogs described in paragraphs (2) and (3) shall be excluded from food preparation and utensil wash areas. Aquariums and aviaries shall be allowed if enclosed so as not to create a public health problem.(h) All garbage shall be disposed of in a sanitary manner.(i) Employees preparing or handling food shall wear clean clothing and shall keep their hands clean at all times.(j) For purposes of this section, "smoking" has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.(k) For purposes of this section, "tobacco product" means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.Ca. Health and Saf. Code § 114332.3
Amended by Stats 2016 ch 7 (SB X2-5),s 16, eff. 91 days after the adjournment of the 2015-16 Second Extraordinary Session.Added by Stats 2006 ch 23 (SB 144),s 2, eff. 1/1/2007, op. 7/1/2007.