Article 11. Mobile Food Facilities

Excerpt from the Ca Retail Food Code, Division 104, Part 7, California Uniform Retail Food Facilities Law.

Commissary Agreement

114250. This article governs sanitation requirements for mobile food facilities as defined in Section 113900.

114255. In addition to complying with the applicable provisions of this article as set forth in 114260, all mobile food facilities shall meet the applicable requirements of Article 6 (commencing with Section 113975) and Article 7 (commencing with Section 113990).

114260. (a) Mobile food facilities that are limited to the handling of prepackaged nonpotentially hazardous food and produce shall comply with subdivisions (a) to (i) inclusive, of Section 114265.

(b) Mobile food facilities that handle prepackaged potentially hazardous food, whole fish and whole aquatic invertebrates, or the bulk dispensing of nonpotentially hazardous beverages shall comply with subdivisions (a) to (m), inclusive, of Section 114265. For purposes of this section, tamales shall be considered prepackaged if dispensed to the customer in its original, labeled, inedible wrapper.

(c) Mobile food facilities that handle any of the following foods shall comply with subdivisions (a) to (s), inclusive, of Section 114265:

(1) Nonprepackaged nonpotentially hazardous food requiring no preparation other heating, baking, popping, blending, assembly, portioning, or dispensing.

(2) Preparation of nonpotentially hazardous ingredients into a nonpotentially hazardous food.

(3) Hot dogs, cappuccino, and other coffee based or cocoa-based beverages that may contain cream, milk, or similar dairy products, and frozen ice cream bars that meet the requirements of subdivision (b) of Section 114270.

(d) Only those foods described in this section may be prepared or dispensed on a mobile food facility.

(e) Cooking processes, including, but not limited to, barbecuing, broiling, frying, and grilling are not permitted on a mobile food facility.

114265. (a) The name, address, and telephone number of the owner, operator, permittee, business name, or commissary shall be legible, clearly visible, and permanently indicated on at least two sides of the exterior of the mobile food facility. The name shall be in letters at least 8 centimeters (3 inches) high and shall have strokes at least 1 centimeter (3/8 inch) wide, and shall be of a color contrasting with the vehicle exterior. Letters for address and telephone numbers shall not be less than 2.5 centimeters (1 inch) high.

(b) Mobile food facility equipment, including, but not limited to, the interior of cabinet units and compartments, shall be designed so as to, and made of materials that, result in smooth, readily accessible, and easily cleanable surfaces. Unfinished wooden surfaces are prohibited. Construction joints shall be tightly fitted and sealed so as to be easily cleanable. Equipment and utensils shall be constructed of durable, nontoxic materials and shall be easily cleanable.

(c) During operation, no food intended for retail sale shall be conveyed, held, stored, displayed, or served from any place other than a mobile food facility except for the restocking of product in a manner approved by the enforcement agency.

(d) Notwithstanding subdivision (k), food products remaining after each day’s operation shall be stored only in an approved commissary or other approved food facility.

(e) During transportation, storage, and operation of a mobile food facility, food, food contact surfaces, and utensils shall be protected from contamination. Single-service utensils shall be individually wrapped or in sanitary containers or approved sanitary dispensers, stored in a clean, dry place until used, handled in a sanitary manner, and used only once. Food contact surfaces and utensils shall be cleaned and sanitized in accordance with subdivisions (i), (j), and (k) of Section 114090.

(f) All food displayed, sold, or offered for sale from a mobile food facility shall be obtained from an approved source.

(g) Food condiments shall be protected from contamination and, where available for customer self-service, be prepackaged or available only from approved dispensing devices.

(h) Mobile food facilities shall be operated within 60 meters (200 feet) of approved and readily available toilet and hand washing facilities or as otherwise approved by the enforcement officer to ensure proper sanitary facilities are available to facility employees.

(i) All mobile food facilities shall operate out of a commissary or other approved facility. Mobile food facilities shall report to the commissary at least once each operating day for cleaning and servicing operations. Mobile food facilities shall be properly stored, cleaned, and services at, or within a commissary or other facility approved by the enforcement agency so as to be provide protection from unsanitary conditions.

(j) Potentially hazardous food shall be maintained at or below 5 degrees Celsius (41 degrees Fahrenheit) or at or above 60 degrees Celsius (140 degrees Fahrenheit) at all times in accordance with Section 113995.

(k) Potentially hazardous food held at or above 60 degrees Celsius (140 degrees Fahrenheit) on a mobile food facility shall be destroyed at the end of the operating day.

(l) All waste water from a mobile food facility shall be drained to an approved waste water receptor at the commissary or other approved facility.

(m) All new and replacement gas-fired appliances shall meet applicable American Gas Association standards. All new and replacement electrical appliances shall meet applicable Underwriters Laboratory standards.

(n) Bulk beverage dispensers shall only be filled at the commissary or other facility approved by the enforcement agency unless a hand washing sink as described in paragraph (l) of subdivision (p) is provided.

(o) Where nonprepackaged food is handled for display or sale, the mobile food facility shall be equipped with a food compartment that completely encloses all food, food contact surfaces, and the handling of ready-to-eat food. The opening to the food compartment shall be sized as appropriate to the food handling activity without compromising the intended protection from contamination, and shall be provided with tight-fitting doors that, when closed, protect interior surfaces from dust, debris, insects, and other vermin.

(p) Mobile food facilities, not under a valid public health permit as of January 1, 1997, on which non-prepackaged ready-to-eat food is sold or offered for sale shall be constructed and equipped in compliance with all of the following:

(1) A minimum of a one-compartment metal sink, hand washing cleanser and single-service towels in approved dispensers shall be provided. The sink shall be a furnished with hot running water that is at least 49 degrees Celsius (120 degrees Fahrenheit) and cold running water that is less than 38 degrees Celsius (101 degrees Fahrenheit) through a mixing-type faucet that permits both hands to be free for washing. The sink shall be large enough to accommodate the largest utensils washed. The sink, hand washing cleanser, and single-service towels shall be located as to be easily accessible and unobstructed for use by the operator in the working area. The minimum water heater capacity shall be one-half gallon.

(2) The potable water tank and delivery system shall be constructed of approved materials, provide protection from contamination, and shall be of a capacity commensurate with the level of food handling activity on the mobile food facility. The capacity of the system shall be sufficient to furnish enough hot and cold water for the following: steam table, utensil washing and sanitizing, hand washing, and equipment cleaning. At least 18 liters (5 gallons) of water shall be provided exclusively for hand washing. Any water needed for other purposes shall be in addition to the 18 liters (5 gallons) for hand washing.

(3) (i) The waste water tank or tanks shall have a minimum capacity that is 50 percent greater than the potable water tank or tanks supplying the hand and utensil washing sink. In no case shall this waste water capacity be less than 28 liters (7.5 gallons).

(ii) Mobile food facilities utilizing ice in the storage, display, or service or food or beverages shall provide an additional minimum waste water holding tank capacity equal to one-third of the volume of the ice cabinet to accommodate the drainage of ice melt.

(iii) Mobile food facilities equipped with a tank supplying product water for the preparation of a food or beverage shall provide an additional waste water tank capacity equal to at least 15 percent of this water supply.

(iv) Additional waste water tank capacity may be required where waste water production or spillage is likely to occur.

(v) Any connection to a waste water tank shall preclude the possibility of contaminating any food, food contact surface or utensil.

(4) A mobile food facility’s potable water tank inlet shall be provided with a connection of a size and type that will prevent its use for any other service and shall be constructed so that backflow and other contamination of the water supply is prevented. Hoses used to fill potable water tanks shall be made of food grade materials and handled in a sanitary manner.

(5) Mobile food facilities limited to the portioning and dispensing of nonprepackaged, nonpotentially hazardous food are exempt from the hand washing and utensil washing sink requirements of this subdivision if there is an approved supply of gloves or utensil, or both, on the facility that preclude any hand contact with the food products being dispensed. This exemption does not extend to the scooping of ice.

(q) Mobile food facilities selling unpackaged frozen ice cream bars or holding cream, milk, or similar dairy products pursuant to Section 114270 shall be equipped with refrigeration units as described in Section 113860.

(r) Operators of mobile food facilities handling nonprepackaged food shall develop and follow written operational procedures for food handling and the cleaning and sanitizing of food contact surfaces and utensils. The enforcement agency shall review and approve the procedures prior to implementation and an approved copy shall be kept on the mobile food facility during periods of operation.

(s) All potentially hazardous food shall be prepackaged in an approved facility except as provided in Sections 114260 and 114270.

114270. (a) Nonprepackaged food may be sold from mobile food facilities in accordance with Sections 114260 and 114265, provided that the storage, display, and dispensing methods are approved by the enforcement agency.

(b) (1) Cappuccino, espresso, cafe latte, cafe macchiato, mocha, hot chocolate, and other coffee-based or cocoa-based beverages that may contain cream, milk, or similar dairy products shall be made to order and immediately served to the consumer.

(2) Frozen ice cream bars may be sold from mobile food facilities in an unpackaged state if the frozen ice cream bars are prepackaged at a facility approved by the enforcement agency and unpackaged for the purpose of adding food condiments.

114275. (a) Mobile food facilities formerly approved as vehicles immediately preceding January 1, 1997, on which nonprepackaged hot dogs, popcorn, or snowcones are sold or offered for sale that operate exclusively on premises wherein approved toilet, hand washing, and utensil washing facilities are readily available and within 60 meters (200 feet) shall be exempt from the requirements of subdivision (p) of Section 114265.

(b) Mobile food facilities as set forth in subdivision (a) that were in operation as of July 1, 1986, need not meet the requirements of this article relating to utensil washing facilities, if an approved supply of gloves or utensils, or both, is maintained on the mobile food facility that would preclude any hand contact with the food products being dispensed.

114282. Mobile food facilities that are occupied during normal business operations shall have a clear, unobstructed height over the aisle-way portion of the unit of at least 188 centimeters (74 inches) from floor to ceiling, and a minimum of 76 centimeters (30 inches) of unobstructed horizontal aisle space. This section shall not apply to vehicles under permit prior to January 1, 1996.

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