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Health and Safety Code Section 113925-113947
113925. Enforcement officers are charged with the enforcement of
this chapter and all regulations adopted pursuant to it.
An enforcement officer may enter, inspect, issue citations, and
secure any sample, photographs, or other evidence from any food
facility, or any facility suspected of being a food facility, for the
purpose of enforcing this chapter. If a food facility is operating
under a HACCP plan, as defined in Section 113797 and adopted pursuant
to Section 114055 or 114056, then the enforcement officer may
inspect and secure as evidence any documents, or copies thereof,
bearing upon the facility's adherence to the HACCP plan for the
purpose of determining compliance with the plan. A written report of
the inspection shall be made and a copy shall be supplied or mailed
to the owner, manager, or operator of the food facility.
113930. (a) Based upon inspection findings or other evidence, an
enforcement officer may do any of the following:
- Impound any food that is found to be, or suspected of being,
contaminated or adulterated.
- Impound equipment or utensils that are found to be unsanitary
or in such disrepair that food, equipment, or utensils may become
contaminated or adulterated, and inspect, impound, or inspect and
impound any utensil that is suspected of releasing lead or cadmium in
violation of Section 108860. The enforcement officer may attach a
tag to the food, equipment, or utensils that shall be removed only by
the enforcement officer following verification that the condition
has been corrected.
(b) No food, equipment, or utensils impounded pursuant to
subdivision (a) shall be used unless the impoundment has been
released.
(c) Within 30 days the enforcement agency that has impounded the
food, equipment, or utensils pursuant to subdivision (a) shall
commence proceedings to release the impounded materials or to seek
administrative or legal remedy for its disposition.
113935. Any person who violates any provision of this chapter or
regulation adopted pursuant to this chapter is guilty of a
misdemeanor. Each offense shall be punished by a fine of not less
than twenty-five dollars ($25) or more than one thousand dollars
($1,000) or by imprisonment in the county jail for a term not
exceeding six months, or by both fine and imprisonment.
113940. The owner, manager, or operator of any food facility is
responsible for any violation by an employee of any provision of this
chapter or any regulation adopted pursuant to this chapter. Each
day the violation occurs shall be a separate and distinct offense.
113945. A violation of any provision of this chapter or regulation
adopted pursuant to this chapter relating to facilities held in
common or shared by more than one food facility shall be deemed a
violation for which the owner, manager, or operator of each food
facility is responsible.
113946. (a) On or before January 1, 2002, the department shall
establish, and each local health agency shall utilize, a
standardized, food facility inspection format for food facility
inspections that includes all of the following:
(1) The name and address of the food facility.
(2) Identification of the following inspection criteria, which
shall be the basis of the inspection report:
(A) Improper holding temperatures.
(B) Inadequate cooking.
(C) Poor personal hygiene of food handlers.
(D) Contaminated equipment.
(E) Food from unsafe sources.
(3) For each violation identified pursuant to paragraph (2),
classification of the violation as a "minor violation" or "major
violation." Major violations are those violations that pose an
imminent risk to public health and warrant immediate closure of the
food establishment or immediate correction. Minor violations are
those that do not pose an imminent public health risk, but do warrant
correction.
(b) A local health agency may modify the format to add criteria to
the criteria specified pursuant to paragraph (2) of subdivision (a),
provided both of the following conditions are met:
(1) The additional criteria are based on other provisions of this
part.
(2) A violation is identified by reference to items and sections
of this part, or the regulations adopted pursuant to this part
relating to those items, if a food facility is cited for a violation
of the additional criteria.
(c) A copy of the most recent inspection report shall be
maintained at the food facility. The food facility shall post a
notice advising patrons that a copy of the most recent inspection
report is available for review by interested parties.
(d) The department and local health agencies shall conduct routine
training on food facility inspection standardization to promote the
uniform application of inspection procedures.
(e) This section shall not restrict the ability of a local health
agency to inspect and report on matters other than matters subject to
regulation under this chapter.
113947. (a) On or before January 1, 2002, the department, in
consultation with local environmental health officers,
representatives of the retail food industry, and other interested
parties, shall establish standardized procedures for local health
agencies to report the following food facility inspection information
regarding each food facility:
(1) Name and address.
(2) Date of last inspection.
(3) Identification of any major violation identified in a food
facility inspection.
(4) Reinspection date, if applicable.
(5) Period of closure, if applicable.
(b) The department, in consultation with local environmental
health officers, representatives of the retail food industry, and
other interested parties, may periodically review and revise the
standardized procedures established pursuant to subdivision (a). In
making any revisions, the department shall strive to ensure that the
required information can be reported and made available in the most
efficient, timely, and cost-effective manner.
(c) (1) The standardized procedures established pursuant to this
section shall include a standardized electronic format and protocol
for reporting the food facility inspection data in a timely manner,
and shall strive to ensure that the information is readily
accessible, can be rapidly reported, and, if necessary, corrected,
for each food facility that has been inspected or reinspected. If
the local health agency determines that reported information is
materially in error, that error shall be corrected within 48 hours
after that determination.
(2) The department may also establish standardized procedures for
reporting the information on magnetic media, including, but not
limited to, floppy disks or magnetic tape.
(d) Within 60 days after the department has established the
standardized procedures pursuant to this section, the department
shall publish these procedures.
(e) (1) Commencing July 1, 2002, each local health agency that
reports food facility inspection information on an Internet web site
shall report the information in accordance with the standardized
procedures established pursuant to this section.
(2) This section shall not restrict the ability of a local health
agency to report on matters other than matters subject to regulation
under this chapter.
(f) The department may establish a link to each Internet web site
utilized by any local health agency containing the food facility
inspection information pursuant to subdivision (e).
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