CalCode and SB 241 Summary of Changes, Corrections, Updates, Amendments, Additions and stuff… Presented by:

CalCode and SB 241Summary of Changes, Corrections, Updates,

Amendments, Additions and stuff…

Presented by:

A Brief History

CalCode replaced CURFFL July 1, 2007

Immediately apparent that some slight alterations and clean-up would be necessary

CRFSC worked on this and presented a bill

Vetoed due to budget frustrations

Re-presented and signed Oct 11, 2009I’ll be BACteria if I don’t sign!

SB 241 Cal Code Update Training 2010

California Retail Food

Code

A Brief History

So if we veto that bill that defines cold water , I think the

legislature will come to see things our way hahaha….

Sounds good!…we will terminate

them all…. Hmmm, maybe I

shouldn’t have eaten those tacos



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SB 241 (Runner)Retail food facilities



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Signed October 11, 2009

Note: Included an urgency clause to make this bill effective immediately upon the Governor’s signature

Changes – New Definition

Section 113747.1 – Cold Water

Cold water means potable water that is not heated by an auxiliary method or source.

Uhhh – you know, like water that’s not hot…



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Changes – Updated Definition

113784 - Food Compartment

The food compartment definition is expanded to specifically

call out and include the following: an air pot, blender, bulk dispensing system, covered chafing dish, and

covered ice bin

The term “access” was added in section 113784 (b) to clarify that an

opening must be an access point to food or food contact surfaces



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http://millersgrainhouse.com/store/images/Blender%20Complete.jpg


113789(c) (5)- Not a “Food Facility”Food Facility definition under Premises Set Aside for Wine Tasting is expanded to not include: Wine tasting operation even if tastes are

offered for sale Sale of bottles of wine and non-PHF

prepackaged beverages (water, sodas, etc.) Offering crackers to cleanse the pallet

No food, other than crackers, may be served to maintain exemption status



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113801. HACCP plan HACCP plan means a written document that complies with the

requirements of Section 114419.1 and that delineates the Formal procedures for following the Hazard Analysis Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.These principles include completion of the following basic steps:

HACCP Steps 1-7 added to the definition for reference.


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Changes – “New” Definition

Frozen food means a food maintained at a temperature at which all moisture therein is in a solid state.

Does the new definition look familiar?

Note: Definition of “Slacking”, Section 113915, has been removed entirely from Cal Code.

CURFFL

Section 113794.4 – Frozen Food



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113821. Major violation Major violation means a violation of this part that poses an imminent health hazard and warrants immediate closure of the food facility or immediate correction or other corrective action.

Closure? Corrective Action?SB 241 Cal Code Update Training 2010


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Section 113871 – Potentially Hazardous Food

(a) Potentially hazardous food means a food that requires

time or temperature control to limit pathogenic micro-

organism growth or toxin formation.



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Section 113871 – Potentially Hazardous Food cont…

(b) Adds: Cut tomatoes or mixtures of cut tomatoes

(c) Exempts: Air cooled hard-boiled egg with shell intact



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Section 113879: Produce stand means a permanent food facility that sells, offers for sale, or gives away only produce or shell eggs, or both,

Exception:“Produce stand" does not include premises operated by a producer selling or offering for sale only whole produce grown by the producer, or shell eggs, or both, provided that the sales are conducted on premises controlled by the producer. AKA: “field retail stand”



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Section 113930 - Temporary Food FacilityA food facility approved by the enforcement officer that may be readily disassembled for storage or for transporting, and readily assembled to its original integrity at a different location, is easily movable, and operates at a fixed location for the duration of an approved community event or at a swap meet.


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permanent structureeasily disassembled

Changes – Updated Definitions

113932. TransporterTransporter means any vehicle used to transport food pursuant to a prior order from a manufacturer, distributor, retail food facility, or other

approved source to a retail food facility or consumer.

Pizza delivery = transporter

Grocery delivery = transporter

Door to door food salesperson ≠ transporter

“I’ve got some extra steaks here that I

could make you a good deal on”



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Changes – Updated Definitions

113939 - Vermin Vermin means cockroaches, mice, rats, and similar pests that carry disease.



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House Flies , Cockroaches, Rodents= vermin

Ants, Grain Weevils, Fruit /Vinegar Flies ≠ vermin

Contamination = YES!


Section 113778.4 – Fabric Implement

• Cloth or fabric• Part of food process• Food item is subsequently

cooked.



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cloth over tofu




cooked.



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spice/seasoning bag




cooked.



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Cleaning chicken with a wiping cloth = violation

No violation

Changes - Linens

114185. Linen, use limitationExcept for linen used in fabric implements, linen shall not be used in contact with food unless they are used to line a container for the service of foods and the linens are replaced each time the container is refilled for a new consumer and laundered prior to reuse.



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Changes – Linens

Fabric implements shall not allow:

• Migration of deleterious substances

• Impart colors, odors, or tastes to food

• Safe, durable, and sufficient in strength

• Resistant to fraying and deterioration

Section 114130.6 - Added to the Health and Safety Code



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Unapproved cloth used over steaming apparatus – for cooking rice noodles

Changes – Linens

Fabric implements shall be laundered and sanitized before or after use in direct contact with food.

Section 114118 - Added to the Health and Safety Code



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Changes - Laundry

If wiping cloths are laundered on the premises:

1. Mechanical clothes washer and dryer

2. Warewashing sink• Clean and sanitize between use

for food preparation

114185.5. Use of laundry facilities, Subdivision (c)



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Changes – Knowledge/PIC

113947. Minimum standards of knowledge – general requirements(a) The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned duties.(b) For purposes of this section, "person in charge" means a designated person who has knowledge of safe food handling practices as they relate to the specific food preparation activities that occur at the food facility.



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Aren’t you a little young to have adequate

knowledge of and be trained in food safety?

Why Yes, Yes I am!

Changes

(b) Rare roasts cooked in accordance with CalCode may be held at a temperature of 130°F or above.

(c) PHF can be held on serving lines and salad bars at temps between 41 and 45°F for up to 12 hours in any 24- hour period only if the unused portions are disposed of at or before the end of the 24-hour period.

113996. Hot and cold holding, potentially hazardous food

WHAT?!41-45?

12 Hours?24 hours?

See the next slide!


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Cold Holding Timeline

113996- Continued 0hr----------------------------12hr------------------------------24hr

Example A 41-45F

Example B 41-45F < 41F 41-45F

Example C 41-45F < 41F

Example D < 41F

(3 hrs) (9 hrs) (9hrs)

(3hrs) (21 hrs)

(24+hrs)

Can be maintained until product turns green. WHY? Never moved above 41F


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Changes

114117. Cleaning frequency of equipment food-contact surfaces and utensils In every instance of this section where items are required to be “cleaned,”

the words “and sanitized” were added

(d) Surfaces of utensils and equipment contacting potentially hazardous food may be cleaned and sanitized less frequently than every four hours if any of the following occurs:

(3) Containers in serving situations such as salad bars, delis, and cafeteria lines that hold ready-to-eat potentially hazardous food that is maintained at the temperatures specified in subdivisions (a) to (c), inclusive, of Section 113996 are intermittently combined with additional supplies of the same food that is at the required temperature, and the containers are cleaned and sanitized at least every 24 hours. Utensils and containers holding potentially hazardous foods in accordance with subdivision (d) of Section 113996 are cleaned when they are empty or when the remaining contents are disposed of.



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Changes – Cooling Clarification

Before

(b) After heating or hot holding, potentially hazardous food shall be cooled rapidly from 135°F to 70°F within two hours and from 70°F to 41°F or below within four hours.

After

(b) After heating or hot holding, potentially hazardous food shall be cooled rapidly from 135ºF to 41ºF or below within six hours and, during this time the decrease in temperature from 135ºF to 70ºF shall occur within two hours.

JUST CHILL Only a small concept change here!

6 total hours allowed so if the drop from 135F to 70F occurs within 1 hour, time left to reach 41F is 5 hours

114002(b) - Cooling



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Changes-Cooling Clarification

ADDED

(e) Pasteurized milk in original, sealed containers, pasteurized milk products in original, sealed containers, raw shell eggs and unshucked live molluscan shellfish need not comply with subdivision (c) or (d) if these foods are placed immediately upon their receipt in refrigerated equipment that maintains an ambient temperature of 45ºF or less.

114002- CoolingException to cooling to 41°F:



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Changes

ADDED

(b) Food stored or prepared in a private home shall not be used or offered for sale in a food facility.

Food prepared OR STORED at home

Then sold at the restaurant

Section 114021 – Compliance with food law



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Changes

114286- Living or Sleeping Quarters

X

“(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.”

Now you need to “break on through to the other side”


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Not Retroactive

Changes

(c) Bulk food that is available for consumer self-service shall be prominently labeled with either of the following in plain view of the consumer:

1. The manufacturer's or processor's label that was provided with the food.

2. A card, sign, or other method of notification that includes all required information.

114089. Labeling



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Changes

113953- Handwashing facilities

Subdivision (c) addition• If the temperature of water provided to a handwashing sink is

not readily adjustable at the faucet, the temperature of the water shall be at least 100°F, but not greater than 108°F.

Not readily adjustable

Adjustable

BOTH still must provide minimum

of 100F WARM water



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MAX 108F

Per FDA 2009 Model Food

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Changes

114279. Curbed cleaning facility/janitorial sink

Hot and cold water required



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Changes

114250. Toilet facilities

Clean toilet rooms in …. Toilet rooms shall not be used for the storage of food, equipment, or supplies. Toilet tissue shall be provided …

Sooo…Food can now be stored in toilet rooms????



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See the next slide!

Changes

114250- Toilet facilitiesClean toilet rooms in …. Toilet rooms shall not be used for the storage of food, equipment, or supplies. Toilet tissue shall be provided …

Of course not! Sections 114049, 114161 and 114179 all address the improper storage of food and equipment in a restroom.


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Um, like I think not…

Changes

Section 114358 Alternate Handwash Facilities

At a community event, a booth selling bottled water/sodas, wrapped candy, etc no longer has to have a handwash station in their booth.



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Changes – (clean-up)

(a)Except as specified in subdivision (b), all permanent food facilities that wash, rinse, soak, thaw, or similarly prepare foods shall be provided with a food preparation sink.

(b) (1) Food facilities that were approved for operation without a food preparation sink prior to the effective date of this part January 1, 2007, need not provide a food preparation sink unless the food facility makes a menu change or changes their method of operation.

(re-organize

d)

(Date inserted)

114163. Food preparation sinks



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Changes

114099.6. Manual and Mechanical sanitization

All reference to mechanical sanitization has been removed from this section – see section 114099.7 for mechanical requirements.

Section (4) Contact with any chemical sanitizer that meets the requirements of 21 C.F.R. 178.1010 when used in accordance with the manufacturers use directions as specified on the product label. of Section 180.940 of Title 40 of the Code of Federal Regulations when used in accordance with the manufacturer's use directions.




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Changes – New Section

• Accordance to mfg spec to achieve surface temperature of 160F measured by irreversible registering temperature indicator.

• Mechanical application of chemical sanitizer by spraying with one of the following method:

1. 50 ppm chlorine / 30 sec2. 25 ppm iodine / 1 min3. Contact with any sanitizer that meets Sec 180.940 of Title 40

of CFR used in accordance to:• The sanitizer manufacture’s use directions as specified

on the product label• Machine manufacture’s specification as provided in

manufacturing operating instructions.

Section 114099.7 – Mechanical Sanitizing



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Changes

Ware wash temperature reduced from 110˚F to 100˚F, OR

As specified by the manufacturer’s label instructions, or

As provided in writing by manufacturer

Allows for a variance from 100F if specified on wash agent manufacturer’s written label/instructions

114099.2- Manual Warewashing Procedures Subdivision(b)



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Changes

114252. Lighting (summary) - BEFORE10 ft candles• Walk in• Dry storage

20 ft candles• Buffet• Market sales area• Inside refrigerators• Handwashing area• Warewashing area• Equip/utensil storage• Toilet rooms

50 ft candles• Anywhere employee works w/ knives,

slicers, grinders, saws etc• Everywhere during cleaning time

114252. Lighting (summary) - AFTER10 ft candles• Walk in• Dry storage• Bar area (NEW)• Inside refrigerators

20 ft candles• Buffet• Market sales area• Handwashing area• Warewashing area• Equip/utensil storage• Toilet rooms• Server stations where food is prepared (NEW)• Everywhere during cleaning time

50 ft candles• Anywhere employee works w/ knives, slicers,

grinders, saws etc (except in server stations)



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Changes – Plan Review

Section 114380 - Plan Review

Summary: Everyone has to submit plans when they remodel/ renovate

Existing non-conformance is ok in public/private schools and LHCFs unless deemed to be a public health hazard – (i.e.: do not send to plan review for VCT floors)



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All regular food facilities that were in structural compliance as of June 30, 2007 are ok until remodel, unless non-conforming structural conditions pose a public health hazard.

Changes

Section 114381 Permits, fees and posting

The moneys collected as fees shall only be expended for the purpose of administering and enforcing this part.



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Changes – Satellite

Then they became more complex…

Remember when Satellites were simple?...

Today’s satellites are truly out of this world!



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Changes - Satellite

114067. Satellite food service, Subdivision (f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.



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Changes – SFS (continued)

New & reworked subdivision(h) replaced

Former contradicting subdivisions (h) and (j)

During nonoperating hours and periods of

inclement weather, food, food contact surfaces,

and utensils shall be stored within any of the

following:

• A fully enclosed satellite food service operation.

• Approved food compartments where food, food

contact surfaces, and utensils are protected at

all times from contamination, exposure to the

elements, ingress of vermin, and temperature

abuse.

• A fully enclosed permanent food facility.

114067- Satellite Food Service



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Changes – SFS (continued)

Subdivision (i) Allows duly contracted personnel of, or third-party providers to the permit holder to manage food service activities.

Subdivision (j) For purposes of permitting and enforcement, the permit holder of the permanent food facility and the permit holder of the satellite food service shall be the same.

OWNER

PERMANENT FACILITYHealth

PermitSatellit

e

Contracted 3rd Party Manager

114067- Satellite Food Service



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Mobiles – Updated Definition

Section 113818 . Limited food preparation(a) Limited food preparation means food preparation that is restricted to one or more of the following:

(1) Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food.(2) Bulk Dispensing and portioning of nonpotentially hazardous food.(6) Preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.



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Changes – Definition /Mobiles

Section 113818 . Limited food preparation(b) Limited food preparation does not include any of the following:

(1) Slicing and chopping unless it is on the heated cooking surface.(2) Thawing.(3) Cooling of cooked, potentially hazardous food.(4) Grinding raw ingredients or potentially hazardous food.(5) Reheating of potentially hazardous foods for hot holding, except for steamed or boiled hot dogs and tamales in the original, inedible wrapper.(6) Hot holding of nonprepackaged, potentially hazardous food, except for roasting corn on the cob, steamed or boiled hot dogs, and tamales in the original, inedible wrapper.(7) Washing of foods.(8) Cooking of potentially hazardous foods for later use.



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http://rds.yahoo.com/_ylt=A0S020sQFgNL5aoAaQOjzbkF/SIG=1238aqs7f/EXP=1258579856/**http:/www.hinsdalefarms.com/images/corndog.jpg

Changes – Mobiles

113984. Food preparation area, protection from contamination

(c) Limited food preparation shall be conducted within a food compartment or as approved by the enforcement agency. Subject to subdivision (g), this subdivision shall not be construed to require an additional food compartment when adding ingredients to a beverage or dispensing into a serving container when the beverage is prepared for immediate service in response to an individual consumer order.



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Changes – Mobiles

113984. Food preparation area, protection from contamination (Cont…)

(e) Overhead protection shall be provided above all food preparation, food display, warewashing, and food storage areas.



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(g) Based upon local environmental conditions, location, and other similar factors, the enforcement officer may establish additional structural or operational requirements, or both, for mobile food facilities as necessary to ensure that foods, food-contact surfaces, and utensils are of a safe and sanitary quality.

Changes - Mobiles

Hand wash sinksRemoved requirements to be immediately adjacent to contain all utility connections

Added requirements Equipped with overhead protection made of wood,

canvas, or other material

114314. Handwashing and warewashing facilities, location (mobiles)



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Changes - Mobiles

114311. Handwashing sink requirements (mobiles)Subdivision (c) This section shall not apply to mobile food facilities handling only whole produce or the bulk dispensing of nonpotentially hazardous beverages.

What this means: A MFF selling whole oranges, or bulk dispensing of coffee from air pots only does not have to have a hand wash sink.



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Changes - Mobiles

114313. Warewashing sink requirements (mobiles)

Warewashing sink size requirements spelled outLarge enough to fit the largest piece of equipment and at least:• 12”wide, 12” long, and 10” deep.or• 10” wide, 14” long, and 10” deep.



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Changes - Mobiles

A warewashing sink is not required if only the following items are handled:• Nonpotentially hazardous foods that do not require

preparation other than heating, baking, popping, portioning, bulk dispensing, assembly, or shaving of ice.

• Steamed or boiled hot dogs. (not grilled)• Tamales in the original, inedible wrapper.

114313. Warewashing sink requirements (mobiles) Cont…



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Changes - Mobiles

An unenclosed MFF preparing PHF beverages must have one of the following:

• 3- compartment sink per 114313(a)or• 2-compartment sink per 114099.3(e)or• 1 comp sink w/integral drainboard, supply of spare

utensils, and ware wash facilities in reasonable proximity and readily accessible at all times.

What this means: A coffee cart must have one of the above three options (plus a handsink)

114313. Warewashing sink requirements (mobiles) Cont…



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Changes – SOS

113831. Mobile food facility(a)Mobile Food Facility – unchanged

(b) Single operating site mobile food facilities means at least one, but not more than four, unenclosed mobile food facilities, and their auxiliary units, that operate adjacent to each other at a single location.



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Changes – Mobiles - SOS

Warewashing Sink• Required per site or operation • Shall be contained in a facility• May be shared by not more than 4 MFFs operating as a

SOS• Sink must be conveniently located so as to be

accessible during all hours of operation

Section 114306 – Single Operating Site Mobile Food Facility



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Changes – Mobiles - SOS

Handwashing sinkAdditional handwash sinks may be required (per

113953)

Section 114306 – Single Operating Site Mobile Food Facility



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Changes - Mobiles

114295. Operation from a commissary

Subdivision (e)Notwithstanding any other provisions of this section, a mobile food facility that is engaged in food preparation, other than limited food preparation, as defined in Section 113818, shall not operate in conjunction with a mobile support unit.

What this means: A hot food truck (lunch truck) may not use a mobile support unit.



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Changes - Repealed

114245.8. Animal byproducts and inedible kitchen grease

All animal byproducts and inedible kitchen grease disposed of by any food facility shall be transported by a renderer licensed under Section 19300 of the Food and Agricultural Code, or a registered transporter of inedible kitchen grease licensed under Section 19310 of the Food and Agricultural Code. Nothing in this section prevents a food facility from transporting its own animal byproducts in its own vehicles to a central collection point. For the purposes of this section, inedible kitchen grease does not include grease recovered from a grease interceptor.



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Insignificant Changes

Section 113915 - Slacking definition removedSection 113986 - Food and ingredient contaminationSection 114020 - Repealed (slacking )Section 114041 - Shell eggs Section 114371 - Facility Requirements (CFM)Section 113733 - Acute gastrointestinal illness Section 113876 - Prepackaged foodSection 113949.1 - Local health officer notificationSection 113949.2 - Responsibility of permit holderSection 113950.5 - Removal of exclusions and restrictionsSection 113969 - Hair restraintsSection 114004 - Cooking temperatures of raw animal foodsSection 114099 - Manual sanitizingSection 114387 - Permit Required; penaltiesSection 114436 - Exemptions from California Retail Food Code - Moved to Section 113789Section 114435 - Definitions - Moved to Section 113789 Subdivision (c) Section 113735 - Approved source - Reference to transporter deleted



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Documents

CalCode and SB 241 Summary of Changes, Corrections, Updates, Amendments, Additions and stuff… Presented by: