Code Section Group

Health and Safety Code - HSC

DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119405]

  ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. )

PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437]

  ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. )

CHAPTER 9. Permanent Food Facilities [114265 - 114289.5]

  ( Chapter 9 added by Stats. 2006, Ch. 23, Sec. 2. )

ARTICLE 5. Prepackaged Nonpotentially Hazardous Foods [114289 - 114289.5]
  ( Article 5 added by Stats. 2010, Ch. 682, Sec. 1. )

114289.
  

(a) Notwithstanding any law to the contrary, a permanent food facility that has less than 300 square feet of display area and that sells only prepackaged food that is not potentially hazardous food shall be exempt from the requirements of this part except as set forth in subdivision (c).

(b) Notwithstanding any law to the contrary, a premises set aside for beer or wine tasting, as that term is defined in Section 23356.1 or 23357.3 of the Business and Professions Code, that complies with Section 118375, for the purposes of wine or beer tasting, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption, and crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption shall be subject to the requirements set forth in paragraph (1) of subdivision (c). These facilities shall not have a food display area greater than 25 square feet.

(c) (1) A facility or premises with a food display area of 25 square feet or less shall comply with all of the following:

(A) Sections 113980, 114047, 114049, 114390, 114393, 114395, 114397, and 114399.

(B) Chapter 1 (commencing with Section 113700).

(C) Chapter 2 (commencing with Section 113728).

(2) A permanent food facility with a food display area greater than 25 square feet, but less than 300 square feet, shall comply with all of the following:

(A) Sections 113980, 114047, 114049, 114250, 114266, 114381, 114387, 114390, 114393, 114395, 114397, 114399, 114405, 114407, 114409, 114411, and 114413.

(B) Chapter 1 (commencing with Section 113700).

(C) Chapter 2 (commencing with Section 113728).

(Amended (as amended by Stats. 2014, Ch. 927, Sec. 2) by Stats. 2015, Ch. 164, Sec. 4. (AB 143) Effective January 1, 2016.)

114289.5.
  

The enforcement agency may recover the costs of investigation and enforcement of this article.

(Added by Stats. 2010, Ch. 682, Sec. 1. (AB 2432) Effective January 1, 2011.)

HSCHealth and Safety Code - HSC5.