Food facilities: retail food safety., the official text

An act to amend Section 114259.2 of the Health and Safety Code, relating to food facilities.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, which are primarily enforced by local public health agencies. Violation of the California Retail Food Code is a misdemeanor, except as otherwise provided. Existing law limits the size of a passthrough window service opening to 216 square inches, and requires the opening to be provided with a solid or screened window, equipped with a self-closing device. Existing law authorizes a passthrough window of up to 432 square inches if equipped with an air curtain device.
This bill would remove the requirement that the 216 square inch solid or screened window has to be equipped with a self-closing device. The bill would require a passthrough window service opening of up to 432 square inches to be equipped with an air curtain device or a self-closing device. The bill would require a passthrough window service opening that is larger than 432 square inches to be equipped with both a self-closing device and an air curtain device. The bill would require a passthrough window or other service opening to be used specifically for food delivery operations and not as a general entrance or exit for employees or customers. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
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.

The people of the State of California do enact as follows:

SECTION 1.
Section 114259.2 of the Health and Safety Code is amended to read:
114259.2.
(a) (1) Passthrough window service openings shall be limited to no more than 216 square inches each, shall not be closer together than 18 inches, and shall be provided with a solid or screened window that is closed when not in use. Screening shall be at least 16 mesh per square inch. The counter surface of the service openings shall be smooth and easily cleanable.
(2) Notwithstanding paragraph (1), a passthrough window service opening of between 216 square inches and 432 square inches shall be equipped with an air curtain device or a self-closing device. The counter surface of the service opening shall be smooth and easily cleanable.
(3) Notwithstanding paragraph (1), a passthrough service opening that is larger than 432 square inches shall be equipped with both a self-closing device and an air curtain device. The counter surface of the service opening, if applicable, shall be smooth and easily cleanable.
(b) A passthrough window or other service opening shall be used specifically for food delivery operations and not as a general entrance or exit for employees or customers.

SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.