California Health and Safety Code CHAPTER 2 - Definitions

• Section 113728.
  The following definitions apply in the interpretation and application of this part.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July...
• Section 113729.
  “Food additive” has the meaning stated in Section 109940. “Color additive” has the meaning stated in Section 109895.(Added by Stats. 2006, Ch. 23, Sec. 2....
• Section 113729.5.
  “Acceptable market name” means a name that the FDA recognizes as a suitable statement of identity, as described in Section 101.3 of Title 21 of...
• Section 113732.
  “Adulterated” means either of the following:(a) Food that bears or contains any poisonous or deleterious substance that may render the food impure or injurious to health.(b) Food...
• Section 113733.
  “Acute gastrointestinal illness” means a short duration illness most often characterized by either of the following, which are known to be commonly associated with the...
• Section 113734.
  “Approved” means acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, current public...
• Section 113735.
  (a) “Approved source” means a food source allowed under Article 3 (commencing with Section 114021) of Chapter 4, or a producer, manufacturer, distributor, or food facility...
• Section 113737.
  “aw” means water activity that is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the...
• Section 113739.
  “Beverage” means a liquid for drinking, including water.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec....
• Section 113740.
  “CCR” means the California Code of Regulations.(Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by...
• Section 113742.
  “Certified farmers’ market” means a location that is certified by the State of California through the enforcement officers of the county agricultural commissioners and operated...
• Section 113744.
  “C.F.R.” means the Code of Federal Regulations. Citations in this part to the C.F.R. refer sequentially to the title, part, and section numbers, such as...
• Section 113747.
  (a) “CIP” means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing...
• Section 113747.1.
  “Cold water” means potable water that is not heated by an auxiliary method or source.(Added by Stats. 2009, Ch. 571, Sec. 3. (SB 241) Effective...
• Section 113748.
  “Commingle” means:(a) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label.(b) To combine shucked shellfish from containers...
• Section 113750.
  (a) “Comminuted” means reduced in size by methods including chopping, flaking, grinding, or mincing.(b) “Comminuted” includes fish or meat products that are reduced in size and restructured...
• Section 113751.
  “Commissary” means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur:(a) Food, containers, or supplies...
• Section 113752.
  “Community food producer” means a producer of agricultural products on land that is not zoned for agricultural use but is otherwise in compliance with applicable...
• Section 113755.
  “Community event” means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of a civic,...
• Section 113756.
  “Condiment” means a nonpotentially hazardous food, such as relishes, spices, sauces, confections, or seasonings, that requires no additional preparation, and that is used on a...
• Section 113757.
  “Consumer” means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of...
• Section 113758.
  (a) “Cottage food operation” means an enterprise that has not more than the amount in gross annual sales that is specified in this subdivision, is operated...
• Section 113759.
  “Control point” means any distinct procedure or step in receiving, storing, handling, preparing, displaying, transporting, or dispensing a food.(Added by Stats. 2006, Ch. 23, Sec....
• Section 113760.
  “Critical control point” means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.(Repealed and...
• Section 113761.
  “Critical limit” means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to...
• Section 113763.
  “Department” means the State Department of Public Health.(Amended by Stats. 2007, Ch. 483, Sec. 25. Effective January 1, 2008.)
• Section 113767.
  “Easily cleanable” means a characteristic of a surface that allows effective removal of soil, food residue, or other organic or inorganic materials by normal cleaning...
• Section 113768.
  “Easily movable” means either of the following:(a) Portable; mounted on casters, gliders, or rollers so as to be moveable by one person; or provided with a...
• Section 113769.
  “Egg” means the shell egg of an avian species that includes chicken, duck, goose, guinea, quail, ratite, or turkey, except a balut and an egg...
• Section 113770.
  “Employee” means the permitholder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual...
• Section 113773.
  “Enforcement agency” means the department or the local health agency having jurisdiction over the food facility.(Repealed and added by Stats. 2006, Ch. 23, Sec. 2....
• Section 113774.
  “Enforcement officer” means the director, agents, or environmental health specialists appointed by the State Public Health Officer, and all local health officers, directors of environmental...
• Section 113777.
  (a) “Equipment” means an article that is used in the operation of a food facility, including, but not limited to, a freezer, grinder, hood, icemaker, meat...
• Section 113778.
  “Exclude” means to prevent a person from working as a food employee or entering a food facility except for those areas open to the general...
• Section 113778.1.
  “FDA” means the United States Food and Drug Administration.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by...
• Section 113778.2.
  “Farm stands” are premises, established in accordance with local ordinances and land use codes, defined under and operated pursuant to Chapter 10.5 (commencing with Section...
• Section 113778.4.
  “Fabric implement” means a cloth or fabric, including, but not limited to, burlap and cheesecloth, that is used as part of the food process and...
• Section 113779.
  (a) “Fish” means fresh or saltwater finfish, crustaceans, and other forms of aquatic life, other than birds or mammals, and all molluscan shellfish, if intended for...
• Section 113780.
  “Fishermen’s market” means a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing two...
• Section 113781.
  “Food” means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in...
• Section 113783.
  “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals...
• Section 113784.
  “Food compartment” means an enclosed space, including, but not limited to, an air pot, blender, bulk dispensing system, covered chafing dish, and covered ice bin,...
• Section 113786.
  “Food-contact surface” means either of the following:(a) A surface of equipment or a utensil with which food normally comes into contact.(b) A surface of equipment or a...
• Section 113788.
  “Food employee” means an employee working with food, food equipment or utensils, or food-contact surfaces.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1,...
• Section 113789.
  (a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not...
• Section 113790.
  (a) “Food handler” means an individual who is involved in the preparation, storage, or service of food in a food facility, as defined in subdivision (b),...
• Section 113791.
  “Food preparation” means packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not include trimming of...
• Section 113794.
  “Food safety program” means any city, county, or city and county program that requires, at a minimum, either of the following:(a) The training of one or...
• Section 113794.1.
  “Food handler program” means any city, county, or city and county program that requires that all or a substantial portion of the employees of a...
• Section 113794.3.
  “Fresh frozen” means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.(Added...
• Section 113794.4.
  “Frozen food” means a food maintained at a temperature at which all moisture therein is in a solid state.(Added by Stats. 2009, Ch. 571, Sec....
• Section 113795.
  (a) “Game animal” means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine...
• Section 113796.
  “Gleaner” means a person who legally gathers remnants of an agricultural crop or harvests part of, or all of, an agricultural crop made available by...
• Section 113797.
  “Grade A standards” means the requirements of the United States Public Health Service/FDA “Grade A Pasteurized Milk Ordinance” and “Grade A Condensed and Dry Milk...
• Section 113799.
  “HACCP” means a Hazard Analysis Critical Control Point.(Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007,...
• Section 113801.
  “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...
• Section 113803.
  “Hazard” means a biological, chemical, or physical property that may cause an unacceptable public health risk.(Repealed and added by Stats. 2006, Ch. 23, Sec. 2....
• Section 113804.
  “Hearing officer” means a local health officer, a director of environmental health, or his or her designee.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective...
• Section 113805.
  “Hermetically sealed container” means a container that is designed and intended to be secure against the entry of micro-organisms and, in the case of low...
• Section 113806.
  “Highly susceptible population” means a group of persons who are more likely than other people in the general population to experience foodborne disease because both...
• Section 113807.
  “Hot dog” means a whole, cured, cooked sausage that is skinless or stuffed in a casing, that may be known as a frankfurter, frank, furter,...
• Section 113810.
  “Imminent health hazard” means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a...
• Section 113812.
  “Impound” means the legal control exercised by the enforcement officer over the use, sale, disposal, or removal of any food, equipment, or utensils.(Added by Stats....
• Section 113814.
  “Injected” means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as “injecting,” “pinning,” or “stitch...
• Section 113815.
  “Juice” means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits...
• Section 113816.
  “Law” means applicable local, state, and federal statutes, regulations, and ordinances.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1,...
• Section 113818.
  (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...
• Section 113820.
  “Linens” means fabric items such as cloth hampers, cloth napkins, tablecloths, wiping cloths, and work garments, including cloth gloves.(Repealed and added by Stats. 2006, Ch....
• Section 113820.5.
  (a) “Major food allergen” means all of the following:(1) Milk.(2) Eggs.(3) Fish, including, but not limited to, bass, flounder, and cod.(4) Crustacean shellfish, including, but not limited to, crab, lobster,...
• Section 113821.
  “Major violation” means a violation of this part that may pose an imminent health hazard and warrants immediate closure or other corrective action.(Amended by Stats....
• Section 113823.
  “Meat” means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, and other edible animals, except fish, poultry,...
• Section 113824.
  “Menu change” means a modification of a food facility’s menu that would require a change in the food facility’s food preparation methods, storage equipment, or...
• Section 113827.
  “Minor violation” means a violation of this part that does not pose an imminent health hazard, but does warrant correction.(Added by Stats. 2006, Ch. 23,...
• Section 113831.
  (a) “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at...
• Section 113833.
  “Mobile support unit” means a vehicle used in conjunction with a commissary or other permanent food facility that travels to and services mobile food facilities...
• Section 113835.
  “Molluscan shellfish” means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists...
• Section 113837.
  “Multiservice utensil” means a utensil manufactured for use more than one time.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July...
• Section 113839.
  “Nonpermanent food facility” means a food facility that operates from a mobile unit or at a nonpermanent location, including, but not limited to, a certified...
• Section 113841.
  “Nonprofit charitable organization” means either of the following:(a) A corporation incorporated pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1...
• Section 113842.
  “Nonprofit charitable temporary food facilities” means either one of the following:(a) A temporary food facility, as defined in Section 113930, that is conducted by a nonprofit...
• Section 113843.
  “Open-air barbecue” means a piece of equipment designed for barbecuing food, where the food is prepared out of doors by cooking directly over hot coals,...
• Section 113846.
  “Outdoor wood-burning oven” means an oven located out of doors, that utilizes wood as the primary fuel for cooking and is operated on the same...
• Section 113849.
  “Permanent food facility” means a food facility operating in a permanently constructed structure, including any room, building, place, or portion thereof, maintained, used, or operated...
• Section 113851.
  (a) “Permit” means the document issued by the enforcement agency that authorizes a person to operate a food facility or cottage food operation.(b) “Registration” shall have the...
• Section 113853.
  “Permitholder” means the entity that is legally responsible for the operation of the food facility, such as the owner, the owner’s agent, or other person,...
• Section 113855.
  “Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, city, county, or other political subdivision, or any...
• Section 113856.
  “Person in charge” means the individual present at a food facility who is responsible for the operation of the food facility.(Added by Stats. 2006, Ch....
• Section 113859.
  (a) “Personal care items” means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a...
• Section 113861.
  “pH” means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of...
• Section 113863.
  “Plumbing fixture” means a receptacle or device that is permanently or temporarily connected to the water distribution system of the premises and demands a supply...
• Section 113865.
  “Plumbing system” means the water supply and distribution pipes, plumbing fixtures and traps, soil, waste, and vent pipes, sanitary and storm sewers and building drains,...
• Section 113867.
  “Poisonous or toxic materials” means substances that are not intended for ingestion and are included in one of the following categories:(a) Cleaners and sanitizers, which include...
• Section 113868.
  “Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length...
• Section 113869.
  “Potable water” means water that complies with the standards for transient noncommunity water systems pursuant to the California Safe Drinking Water Act (Chapter 4 (commencing...
• Section 113871.
  (a) “Potentially hazardous food” means a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation.(b) “Potentially hazardous food” includes a food...
• Section 113873.
  “Poultry” means either of the following:(a) Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in Poultry Products Inspection...
• Section 113874.
  “Premises” means:(a) The food facility, its contents, and the contiguous land or property and its facilities and contents that are under the control of the permitholder.(b) The...
• Section 113876.
  “Prepackaged food” means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer, a...
• Section 113877.
  “Produce” means any whole edible portion of a plant in its raw and natural state.(Amended by Stats. 2008, Ch. 447, Sec. 9. Effective January 1,
• Section 113879.
  “Produce stand” means a permanent food facility that sells, offers for sale, or gives away only produce or shell eggs, or both, except that “produce...
• Section 113880.
  “Producer” means a person or entity who produces shell eggs or edible plants by practice of the agricultural arts upon land that the person or...
• Section 113881.
  “Ready-to-eat food” means food that is in a form that is edible without additional preparation to achieve food safety, as specified in Section 114004 or...
• Section 113883.
  “Reduced-oxygen packaging” means the reduction of the amount of oxygen in a package by mechanically evacuating the oxygen, displacing the oxygen with another gas or...
• Section 113885.
  “Refrigeration unit” means a mechanical unit that extracts heat from an area through liquefaction and evaporation of a fluid by a compressor, flame, or thermoelectric...
• Section 113887.
  “Refuse” means solid waste not carried by water through the sewage system.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July...
• Section 113889.
  “Remodel” means construction, building, or repair to the food facility that requires a permit from the local building authority. For purposes of mobile food facilities,...
• Section 113893.
  (a) “Restricted food service facility” means either of the following:(1) A food facility of 20 guestrooms or less that provides overnight transient occupancy accommodations, that serves food...
• Section 113894.
  “Restrict” means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food...
• Section 113895.
  “Retail” means the storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling food for dispensing or sale directly to the consumer or indirectly through...
• Section 113897.
  “Sanitization” means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of...
• Section 113899.
  “Satellite food service” means a remotely located food service operation that is conducted on the same property as, in reasonable proximity to, and in conjunction...
• Section 113901.
  “Sealed” means free of cracks or other openings that allow the entry or passage of moisture.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January...
• Section 113903.
  (a) “Service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including...
• Section 113907.
  “Shellfish certification number” means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to law...
• Section 113909.
  “Shellfish control authority” means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish...
• Section 113911.
  “Shellstock” means raw, in-shell molluscan shellfish.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of...
• Section 113912.
  “Shucked shellfish” means molluscan shellfish that have one or both shells removed.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July...
• Section 113914.
  “Single-use articles” mean utensils, tableware, carry-out utensils, bulk food containers, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are...
• Section 113916.
  “Smooth” means any of the following:(a) A food-contact surface that is free of pits, pinholes, cracks, crevices, inclusions, rough edges, and other surface imperfections detectable by...
• Section 113917.
  “Swap meet” shall have the meaning set forth in Section 21661 of the Business and Professions Code.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective...
• Section 113924.
  “Table-mounted equipment” means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.(Added by Stats....
• Section 113926.
  “Tableware” means eating, drinking, and serving utensils for table use, including forks, knives, spoons, bowls, cups, serving dishes, tumblers, and plates.(Added by Stats. 2006, Ch....
• Section 113928.
  “Temperature measuring device” means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.(Added by Stats. 2006, Ch. 23,...
• Section 113930.
  “Temporary food facility” means a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community...
• Section 113931.
  “Tight-fitting” means fabricated so that joining members are in contact along the entire seam with no opening greater than 1/64th inch (.04 cm).(Added by Stats....
• Section 113932.
  “Transporter” means any vehicle used to transport food pursuant to a prior order from a manufacturer, distributor, retail food facility, or other approved source to...
• Section 113933.
  “USDA” means the United States Department of Agriculture.(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec....
• Section 113934.
  “Utensil” means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that...
• Section 113936.
  “Variance” means a written document issued by the department that allows the use of an alternative practice or procedure based on a determination by the...
• Section 113938.
  “Vending machine” means a self-service device that, upon insertion of money or tokens, dispenses food without the necessity of replenishing the device between each vending...
• Section 113939.
  “Vermin” means cockroaches, mice, rats, and similar pests that carry disease.(Amended by Stats. 2009, Ch. 571, Sec. 19. (SB 241) Effective October 11, 2009.)
• Section 113939.1.
  “Vermin infestation” means the presence of vermin within the food facility as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or gnaw...
• Section 113940.
  “Warewashing” means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.(Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1,...
• Section 113941.
  “Warm water” means water that is supplied through a mixing valve or combination faucet at a temperature of at least 100ºF.(Added by Stats. 2006, Ch....

Last modified: October 22, 2018