BILL NUMBER: AB 2432CHAPTERED BILL TEXT CHAPTER 682 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010 APPROVED BY GOVERNOR SEPTEMBER 30, 2010 PASSED THE SENATE AUGUST 23, 2010 PASSED THE ASSEMBLY AUGUST 25, 2010 AMENDED IN SENATE AUGUST 16, 2010 AMENDED IN SENATE JUNE 22, 2010 AMENDED IN ASSEMBLY APRIL 13, 2010 INTRODUCED BY Assembly Member John A. Perez FEBRUARY 19, 2010 An act to add Article 5 (commencing with Section 114289) to Chapter 9 of Part 7 of Division 104 of the Health and Safety Code, relating to food facilities. LEGISLATIVE COUNSEL'S DIGEST AB 2432, John A. Perez. Food facilities: prepackaged nonpotentially hazardous foods. Existing law, the California Retail Food Code, provides for the regulation of health and sanitation standards for retail food facilities, including mobile food facilities and satellite food service, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing this code. A violation of these provisions is punishable as a misdemeanor. This bill would, notwithstanding any provision of law to the contrary, exempt 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, from the requirements of the California Retail Food Code, except for prescribed provisions, and would permit the enforcement agency to recover investigation and enforcement costs. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 5 (commencing with Section 114289) is added to Chapter 9 of Part 7 of Division 104 of the Health and Safety Code, to read: Article 5. Prepackaged Nonpotentially Hazardous Foods 114289. (a) Notwithstanding any provision of 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 (b). (b) (1) A permanent food facility 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). 114289.5. The enforcement agency may recover the costs of investigation and enforcement of this article.