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California Uniform Retail Food Facilities Law

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    Function

    • Under the CURFFL, the state Health Department of California was granted the authority to adopt internal regulations to enforce the provisions of the law, and local government entities were allowed to use any existing grading or evaluation system for food facilities already in place. Enforcement agencies were given more control over inspections of food facilities, and mandatory food and sanitation safety classes were imposed. Child day-care centers, senior residential centers, and community centers were exempt from this law, having separate food handling procedures under the California code.

    Types of Establishments Affected

    • Restaurants, mobile food entities, vending machines, vegetable and fruit stands, and food distribution centers for individual businesses in a franchise chain are all included under this law. Any places used in conjunction with food facilities are also subject to CURFFL provisions, as well as a farmer's market that is registered with California. Temporary exchanges of food in bake sales, church fundraisers, private homes, or nonprofit organization events that occur no more than three times in 90 days are exempt.

    Certification

    • The CURFFL requires that every food facility have at least one owner or employee who has passed an accredited food safety training program approved by the state of California. A business that is sold or loses the employee who was certified has 60 days to meet this mandate by having the new owner or another employee complete certification, or by hiring another employee who has completed an approved course. In the case of a small food business, where the certification process can create hardship if class attendance is mandatory, the course can be taken on a computer or home study can be used. The certificate is issued upon the passing of the exam and expires three years from the date of issue, at which time another exam must be taken in order to receive a new certificate.

    Food Practices

    • The CURFFL has a wide range of stipulated procedures for the handling of food and food safety in general. The law also covers food utensils, equipment and the sanitary conditions of the business. Some provisions include the sanitary storage of all food in the appropriate sealed or covered containers and the immediate disposal of spoiled good. Any transport time over 30 minutes of cold food prone to spoilage must be done with the food kept at 7 degrees Celsius. This does not apply to eggs, which have a separate procedure under the law. Separate provisions cover salad bars, alcohol content in unlabeled candy and other food-related issues.

    Enforcement and Penalities

    • CURFFL enforcement officers are allowed to enter food facilities or places suspected of being food facilities as defined under the law to inspect the premises for compliance. These officers can take photographs, food samples or any other evidence of violations. Any contaminated food, utensils or equipment that is in disrepair or unsanitary to the point of possible contamination can be impounded by the inspector. Within 30 days of impound, the enforcement agency will start proceedings to return the equipment or utensils or seek legal permission for disposal.

      Any person who does not permit access to these inspectors is automatically in violation of the law and will receive a citation. Each violation is a misdemeanor and carries a fine ranging from $25 to $1,000, a maximum jail term of six months, or both. The legal permits for the food facility may also be revoked.

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