Today's Law As Amended

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AB-619 Retail food: reusable containers: multiuse utensils.(2019-2020)



SECTION 1.

 Section 114121 of the Health and Safety Code is amended to read:

114121.
 (a) Except as specified in subdivisions (b)  (b), (c),  and (c), (d),  returned empty containers intended for refilling filling  with food or beverage shall be cleaned and refilled filled  in an approved facility.
(b) Consumer-owned (1)   containers  Clean consumer-owned containers provided or  returned to the food facility for refilling filling  may be refilled filled  and returned to the same consumer if the container is refilled filled  by either  an employee of the food facility or the owner of the container if the dispensing system includes a contamination free transfer process that cannot be bypassed by the container owner. container. For the purposes of this section, a consumer-owned container shall be designed and constructed for reuse in accordance with Section 3-304.17(B)(1) of the 2017 Food Code published by the federal Food and Drug Administration. 
(2) The food facility shall either isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling.
(c) The food facility shall prepare, maintain, and adhere to written procedures to prevent cross-contamination, as described in Section 113986, and the written procedures shall address waste water disposal. The food facility shall make the written procedures available to the enforcement agency upon request or at the time of an inspection.
(c) (d)  Consumer-owned containers that are not food specific may be filled at a water vending machine or system.
(e) The food facility shall ensure compliance with the handwashing requirements specified in Article 4 (commencing with Section 113952) of Chapter 3.

SEC. 2.

 Section 114353 of the Health and Safety Code is amended to read:

114353.
 A (a)  Except as provided in subdivision (b), a  temporary food facility shall provide only single-use articles for use by the consumer.
(b) Based on local environmental conditions, location, and similar factors, including the type and number of utensils, as defined in Section 113934, the volume and storage of potable water for warewashing, as defined in Section 113940, and waste water capacity, the local enforcement agency may allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized pursuant to Chapter 5 (commencing with Section 114095), as applicable, at either the temporary food facility or an approved food facility.
SEC. 3.
 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.