Code Section Group

Health and Safety Code - HSC


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


  ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2.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 4. Premises [114285 - 114286]
  ( Article 4 added by Stats. 2006, Ch. 23, Sec. 2. )


(a) Except as specified in subdivision (b), a private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters shall not be used for conducting food facility operations.

(b) (1) Nonperishable, prepackaged food may be given away, sold, or handled from a private home. No food that has exceeded the labeled shelf life date recommended by the manufacturer shall be deemed to be nonperishable food.

(2) For purposes of this subdivision, “nonperishable food” means a food that is not a potentially hazardous food, and that does not show signs of spoiling, becoming rancid, or developing objectionable odors during storage at ambient temperatures.

(c) Restricted food service facilities are exempt from subdivision (a) provided that no sleeping accommodations shall be allowed in any area where food is prepared or stored.

(Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)


(a) No sleeping accommodations shall be maintained or kept in any room where food is prepared, stored, or sold.

(b) Living or sleeping quarters located on the premises of a food facility shall be separated from rooms and areas used for food facility operations by complete partitioning. Except for restricted food service facilities, no door or other opening shall be permitted in the partition that separates the food facility from the living or sleeping quarters.

(Amended by Stats. 2009, Ch. 571, Sec. 52. (SB 241) Effective October 11, 2009.)

HSCHealth and Safety Code - HSC4.