Food Facility Definitions

Excerpt from the Health and Safety Code, Division 104, Part 7, Chapter 4

Food Facility
Food Establishment
Restricted Food Service Transient Occupancy Establishment
Mobile Food Preparation Unit
Vending Machine
Temporary Food Facility
Certified Farmers' Market
Swap Meet Prepackaged Food Stand
Satellite Food Distribution Facility
Mobile Food Facility

Food Facility:

113785. (a) "Food Facility" means all of the following:

(1) Any food establishment, mobile food facility, vending machine, produce stand, swap meet, prepackaged food stand, temporary food facility, satellite food distribution facility, stationary mobile food preparation unit, and mobile food preparation unit.

(2) Any place used in conjunction with the operations described in paragraph (1), including, but not limited to, storage facilities for food-related utensils, equipment and materials.

(3) A certified farmers' market, for purposes of permitting and enforcement.

(b) "Food facility" does not include any of the following:

(1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food, or a private home, church, private club, or other nonprofit association that gives or sells food to its members and guests at occasional events, as defined in Section 113825, or a for-profit entity that gives or sells food at occasional events, as defined in Section 113825, for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition for participating in the event.

(2) Premises set aside for wine-tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, if no food or beverage is offered for sale for on-site consumption.

Food Establishment:

113780. "Food establishment" means any room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling food at the retail level. "Food establishment" includes a restricted food service transient occupancy establishment, as defined in Section 113870.

"Food establishment" does not include a commercial food processing establishment as defined in Section 111955, at the wholesale level, a mobile food facility, vending machine, satellite food distribution facility, temporary food facility, open-air barbecue, certified farmers' market, stationary mobile food preparation unit, or mobile food preparation unit.

Restricted Food Service Transient Occupancy Establishment:

113870. "Restricted food service transient occupancy establishment" means an establishment of twenty guestrooms or less, which provides overnight transient occupancy accommodations, which serves food only to its registered guests, which serves only a breakfast or similar early morning meal, and with respect to which the price of the food is included in the price of the overnight transient occupancy accommodation. For purposes of this section, "restricted food service transient occupancy establishment" refers to an establishment as to which the predominant relationship between the occupants thereof and the owner or operator of the establishment is that of innkeeper and guest. For purposes of this section, the existence of some other legal relationships as between some occupants and the owner or operator shall be immaterial.

Mobile Food Preparation Unit:

113815. "Mobile food preparation unit" means any mobile food facility or portable food service unit upon which food is prepared for service, sale, or distribution at retail. Mobile food preparation unit shall not include mobile food facilities from which prepackaged food or approved unpackaged food is sold or offered for sale as prescribed by Article 11 (commencing with Section 114250).

Vending Machine:

113903. "Vending machine" means any self-service device which, upon insertion of money or tokens, dispenses food without the necessity of replenishing the device between each vending operation. "Vending machine" does not include any such device dispensing exclusively peanuts, nuts, popcorn, ballgum, or hard candy; prepackaged candy, cookies, crackers, or similar snacks and beverages which are not potentially hazardous as defined in Section 113845, and prepackaged ice.

Temporary Food Facility:

113895. "Temporary food facility" means a food facility operating out of temporary facilities approved by the enforcement officer at a fixed location for a period of time not to exceed 25 days in any 90-day period in conjunction with a single event or celebration.

Certified Farmers' Market:

113745. "Certified farmers' market" means a location certified by the county agricultural commissioner and operated as specified in Article 6.5 (commencing with Section 1392) of Title 3 of the California Code of Regulations.

Swap Meet Prepackaged Food Stand:

113905. "Swap meet prepackaged food stand" means a food facility, other than a mobile food facility, operated at a swap meet, by a swap meet operator or its lessee, that offers for sale, or gives away, only prepackaged foods.

Satellite Food Distribution Facility:

113880. "Satellite food distribution facility" means either of the following:

(a) A location where only prepackaged, unit servings of food are distributed, that have been prepared or stored in an approved food facility operated by a school, governmental agency, or nonprofit organization.

(b) A stand, kiosk, cart, or other semi-permanent, remote, food-dispensing facility located within a defined and securable perimeter, including, but not limited to, an amusement park, stadium, arena, or enclosed shopping mall that operates a food establishment on the site.

Mobile Food Facility:

113900. "Mobile food facility" means any conveyance, used in conjunction with the service of a commissary or other approved facility upon which prepackaged food or approved nonprepackaged food is sold or offered for sale at retail. "Mobile food facility" does not include a mobile food preparation unit or a stationary mobile food preparation unit.

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