Retail Food Inspection Guide for Permanent Food Facilities

1. Demonstration of knowledge

Authority: California Retail Food Code, §§ 113947, 113949.2

This violation category is used to indicate the compliance status with food employees having knowledge of their assigned tasks.

PIC/Certified Food Protection Manager (CFPM) and food employees shall be knowledgeable and properly trained in the following areas of food safety as it relates to their assigned duties:

• Methods of preventing food contamination
• Relationship between time and temperature
• Major contributing factors for foodborne illness
• Relationship between personal hygiene and food safety
• Procedures for cleaning and sanitizing equipment and utensils
• Major food allergens and the symptoms of a reaction in a sensitive individual. (See Appendix C)

IN - "IN" shall be marked if the PIC/CFPM and food employee(s) are able to demonstrate food safety knowledge as it relates to their assigned tasks.

N/A - Do Not Mark.

N/O - Do Not Mark.

OUT - This violation category shall be marked MINOR; examples include:

• A food employee is unable to demonstrate/explain how or when to properly wash their hands. [§113947(a)]
• Food employee(s) and/or the PIC/CFPM are unable to demonstrate food safety knowledge practices and principles applicable to their assigned duties. [§113947(a)]
  • PIC or food employee does not know the proper method for cooling food. [§113947(a)]
  • The PIC or dishwasher does not know the proper procedure for manual warewashing (e.g., washing, rinsing, sanitizing, and air-dry utensils/dishes/equipment). [§113947(a)]
  • The PIC or cook does not know the required internal cooking temperatures for the PHFs (e.g., chicken, ground beef, beef, pork, seafood, etc.) prepared in the food facility. [§113947(a)]
• The PIC/CFPM does not know when to exclude ill employees or employees who have open wounds on their hands or arms from their assigned job duties. [§113947(a)]
• The PIC/CFPM is unable to demonstrate adequate allergen knowledge and/or has not educated food employees on allergens as required. [§113947(b)]
• The PIC/CFPM is unaware or is unable to identify the types of employee illnesses that are mandated to be reported to the Health Officer. [§113949.2(a)]
• Food employees do not know what types of illnesses or when wounds are required to be reported to the PIC/CFPM and/or are unaware of the reporting process. [§113949.2(b)]

Notes:

• The PIC/CFPM may use job aids (posters, SOPs, cue cards, etc.) to demonstrate compliance. [113947(a)]
• Food facilities that handle non-prepackaged foods are required to have food employees who can demonstrate knowledge relative to their assigned duties. It is important that this category is not marked out of compliance for an isolated incident, but rather for an overall evaluation of the food employee's ability to ensure proper performance of their assigned duties.

Public Health Reason:

Adequate knowledge for all food employees

The more knowledgeable a food worker is about their specific tasks, the less of a chance there may be for unintentional contamination or adulteration of a food product. In a practical sense, food safety knowledge by all employees produces additional protection from liability from lawsuits arising from foodborne illnesses or other food mishaps.

Allergen training was added as a requirement for food safety courses so that employees can identify food allergies associated with food served at the food facility. Allergic reactions vary in severity from mild symptoms involving hives and lip swelling to severe, life-threatening symptoms, often called anaphylaxis, that may involve fatal respiratory problems and shock.

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2. Food safety certification

Authority: California Retail Food Code, §§ 113947.1 - 113947.5, 113948

This violation category is used to indicate the compliance status with Certified Food Protection Manager certification (CFPM) and certified Food Handler Card (CFH) requirements.

IN - "IN" shall be marked if CFPM/CFH requirements are met by all applicable employees. In addition, "IN" shall be marked when a facility either 1) has had a change of ownership within the last 60 days, but does not have a CFPM yet, or the 60 days has not elapsed since the facility's CFPM has changed, or 2) a food employee does not have a CFH card and 30 days has not elapsed from the date of their hire.

N/A - Do Not Mark.

N/O - Do Not Mark.

OUT - This violation category shall be marked MINOR; examples include:

• No one at the facility possesses a valid CFPM certificate and one of the following is observed:
  • The current person who is identified as the CFPM has an expired/non-valid or missing certificate. [§113947.1(a)(g-h)]
  • A new food facility (e.g., via the plan check process or a change of ownership) has operated more than 60 days without obtaining a CFPM. [§113947.1(a)]
  • The prior CFPM left employment more than 60 days prior to the date of inspection. [§113947.1(e)]
• A designated person with a valid CFPM certificate serves as the CFPM for more than one non-contiguous facility (e.g., one CFPM for multiple franchise restaurant locations). [§113947.1(a)]
• A CFPM certificate and/or CFH card was not issued by an organization accredited by the American National Standards Institute (ANSI). [§113947.3(a), 113948(b)]
• One or more food employees lacks a valid CFH card, and the food employee(s) began employment more than 30 days prior. [§ 113948(a)(1)]

CORRECTIVE ACTIONS:

• If this category is marked "OUT" of compliance, the EHS shall provide a directive in the violation narrative box of the FOIR to convey the following (as applicable):
  • The PIC or a food employee at the facility shall obtain a valid CFPM certificate within 30 days from the date of inspection.
  • Food handler(s) shall obtain a valid CFH card within 14 days from the date of inspection.
• If the operator submits a photograph showing a valid CFPM certificate or valid CFH card before the re-inspection date, the violation may be considered in compliance and a re-inspection is not required for this violation.

Notes:

• If a food facility prepares, handles, or serves non-prepackaged potentially hazardous foods, then at least one person (the owner or a food employee) must have a Certified Food Protection Manager certificate. In addition, food employees that handle or have the responsibility of handling non-prepackaged foods must have a Certified Food Handler card.
• Multiple contiguous food facilities (e.g., a market with separately permitted deli and bakery, amusement park, etc.) permitted within the same site and are under the same management, ownership, or control, shall be deemed to be one food facility notwithstanding the fact that the food facilities may operate under separate permits.
• CFH are not required for food handlers at the following types of facilities: temporary food facilities, certified farmers' markets, commissaries, grocery stores, licensed health care facilities, mobile support units, school cafeterias, bed and breakfasts, retail stores in which a majority of sales are from a pharmacy or snack bars where a majority of sales are from admission tickets except if restaurant-style-sit-down service is provided, a food facility that provides in-house food training using a course approved in another state that has adopted the requirements of the Model Food Code and can provide evidence of the approval, a food facility subject to a collective bargaining agreement with its food handlers, city, county, city and county, state or regional jails, juvenile halls, camps, residential programs or similar, elderly nutrition programs or food handlers subject to local food handling programs that took effect prior to January 1, 2009.
• A person can only serve as a CFPM at one non-contiguous food facility at a time.
• Employees who have a valid Certified Food Protection Manager certificate are not required to have a CFH card.
• Food facilities that handle non-prepackaged potentially hazardous foods are required to have a Certified Food Protection Manager.
• Certified Food Protection Manager certificate and Certified Food Handling cards must only be obtained from American National Standards Institute (ANSI) accredited providers.
• Only employees who are involved in the preparation, storage, or service of food in a food facility, such as, servers, cooks, bartenders, bussers/host/supervisors who handle food, are required to have a CFH card.
• A violation of any provisions in Sections 113947.1 through 113947.5, regarding food safety certificate requirements constitutes an infraction punishable by a fine of not more than $100 for each day the facility is in violation.
• Food Safety Certificates and certified food handling cards expire as indicated in the table below:

  Document Type	Expires
  Certified Food Protection Manager Certificate	5 years after date of issuance
  Certified Food Handler Card	3 years after date of issuance

Public Health Reason:

Food safety certification exam

Having at least one person certified in food safety at each facility ensures that there is someone available to monitor food safety that is knowledgeable about the subject. The person certified in food safety is required to educate other food employees in the food safety principles of their specific task. Due to the amount of time necessary for this task, a person who is acting as the certified person at one facility cannot reasonably be expected to serve as the certified person at any other facility.

Food Handler Card

A certified food handler course provides essential knowledge to food employees working in the service industry and is a proactive measure to increase employee awareness in food safety. By obtaining a certified food handler card, the food employee has shown they have received food handling knowledge that can be applied to their daily task and aid in the prevention of foodborne illnesses.

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3. Communicable disease; reporting, restrictions, and exclusions

Authority: California Retail Food Code, §§ 113949.1, 113949.2, 113949.4, 113949.5, 113950, 113949.4, 113950.5, 113973(a), 113975

This violation category is used to indicate the compliance status with communicable disease reporting, and employee restriction and exclusion requirements.

IN - "IN" shall be marked if the PIC and food employees are in compliance with all exclusion, restriction, and reporting requirements.

N/A - Do Not Mark.

N/O - Do Not Mark.

OUT - This violation category shall be marked MAJOR; examples include:

Reporting

• The Person In Charge (PIC) is aware of a food employee who has been diagnosed with an "illness" and has not notified the Department. [§113949.1, §113949.5(a)]
• The PIC is aware that two or more food employees are concurrently experiencing symptoms associated with an acute gastrointestinal illness and has not reported to the Department. [§113949.5(b)]
• A food employee fails to report to the PIC that they have been diagnosed with a reportable "illness" and continue to handle food and/or clean utensils. [§113949.4(a)]
• A food employee does not inform the PIC of a lesion or wound on their hand/wrist/arm that is exposed and not properly protected with an impermeable cover (e.g., single-use glove, finger cot, etc.). [§113949.2, §113949.4, §113973]

Restriction & Exclusions

• The PIC is aware of a symptomatic food employee diagnosed with an "illness", but they have not excluded the employee from the food facility. [§113950]
• The PIC has not restricted a food employee from their duties after knowing the employee is currently suffering from an acute gastrointestinal illness or was diagnosed with an "illness" and is asymptomatic. [§113950]

Removal of Restrictions & Exclusions

• The PIC removes a restriction of a food employee before resolution of symptoms of acute gastrointestinal illness. [§113950.5]
• The PIC removes an exclusion of a food employee who had been diagnosed with a "illness" before receiving written clearance from the Department. [§113950.5]

Lesions & Wounds

• The PIC is aware of a food employee who has a lesion or wound that is exposed and not properly protected or has not restricted the employee. [§113949.5(b), §113975]
• Food employees with cut(s), sore(s), or rash(es) are not wearing single-use gloves and observed in contact with food and/or food contact surfaces. [§113973(a)]

Disease Transmission

• Customers and/or food employees test positive for a common reportable illness which is suspected of being the cause of the foodborne illness or the outbreak. [§113949.1]

CORRECTIVE ACTIONS:

• If a food employee is found working when diagnosed with an illness, the food employee shall be excluded from the food facility until the local health officer or local enforcement agency removes the exclusion.
• If a food employee is found working with symptoms of an acute gastrointestinal illness, the food employee shall be restricted from working with exposed food; clean equipment, utensils and linens; and unwrapped single-service and single-use articles.
• If a food employee is found working with an exposed lesion, wound, or has cuts, sores, or rashes, the food employee shall be required to wear an impermeable cover such as a finger cot or stall that protects the lesion and a single-use glove over the impermeable cover.
• If customers and/or food employees test positive for a common reportable illness which is suspected of being the cause of the foodborne illness or the outbreak, the local enforcement agency may close the facility until the identified danger of the outbreak has been addressed.

Additional Violations:

• Category #14 (Food in good condition, safe and unadulterated) shall also be marked if a food employee contaminates food. [§113967, §113980]
• Category #15 (Food contact surfaces; clean and sanitized) shall also be marked if a food employee contaminates food contact surfaces. [§113967]
• Category #34 (Non-food contact surfaces clean) shall also be marked if an infected worker contaminates non-food contact surfaces. [§114115]
• Category #51 (Impoundment/VC&D/Sampling) shall also be marked if food/equipment has been voluntarily condemned and disposed of or impounded/red tagged. (See VC&D/Red Tag/Impound instructions under Inspection Services) [§114393]
• Category #52 (Permit Suspended, Revoked, Modified, or Closed for No Permit) shall also be marked when the facility is closed by the enforcement officer due to an Imminent Health Hazard - Disease Transmission. [§113810, §113949.1]

Notes:

• A food employee is required to report to the PIC when they have been diagnosed with an "illness" or have an open lesion on the hands, wrists, or exposed portion of the arms. The food facility may be closed until, in the opinion of the Enforcement Agency, the identified danger of disease outbreak has been addressed.
• Violations pertaining to artificial nails, nail polish, rings, or uncleanable orthopedic support devices should be marked in Category #6 (Hands clean and properly washed; proper glove use).

Public Health Reason:

Infected employees may transmit a wide range of communicable diseases and infections to consumers through food, utensils, or poor personal hygiene practices. Proper management of a food facility operation begins with instituting a system of identifying employees who present a risk of transmitting foodborne pathogens to food or to other employees. To protect the health of both consumers and employees, a food employee's health status must be disclosed to the PIC if the employee has an illness that is transmittable through food.

Symptomatic employees who have been diagnosed with a specified illness or experience acute gastrointestinal illness, are considered infectious as they shed communicable pathogens. The restriction or exclusion of these food employees is necessary due to the increased risk of pathogenic transmission via contaminated food and utensils to the consumer or other employees.

High potential risks to public health include food employees who are experiencing or are diagnosed with one of the following:

• Active symptoms of diarrhea or vomiting with no diagnosis
• Jaundice within the last 7 days with no diagnosis
• Typhoid fever
• Hepatitis A within 7 days of jaundice or 14 days of any symptoms
• Diagnosed with Norovirus, E. coli 157:H7 or other Enterohemorrhagic Escherichia coli (EHEC) or Shiga toxin-producing Escherichia coli (STEC), or Shigella spp. infection

The PIC is responsible for ensuring all food employees and conditional employees are knowledgeable and understand their responsibility to report listed symptoms, diagnosis with an illness from a listed pathogen, or exposure to a listed pathogen to the person in charge. The PIC is also responsible for reporting to the regulatory official if a food employee reports a diagnosis with a listed pathogen. This reporting requirement is an important component of any food safety program. A food employee who suffers from any of the illnesses or medical symptoms or has a history of exposure to a listed pathogen in the CRFC may transmit disease through the food being prepared. The PIC must first be aware that a food employee or conditional employee is suffering from a disease or symptom listed in the CRFC before steps can be taken to reduce the chance of foodborne illness.

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4. No discharge from eyes, nose, and mouth

Authority: California Retail Food Code, §§ 113974

This violation category is used to indicate the compliance status with employees not experiencing discharge from their eyes, nose, and/or mouth due to persistent sneezing, coughing, or runny nose.

IN - "IN" shall be marked if employees handling open food or clean equipment/utensils/linen(s) are not observed experiencing discharge from the eye(s), nose, or mouth due to persistent sneezing, coughing, or runny nose.

N/A shall be marked if a food facility only handles prepackaged food items.

N/O shall be marked in the RARE case when there are no food employees present at the time of inspection.

OUT - This violation category shall be marked MAJOR; examples include:

• A food employee is experiencing persistent sneezing, coughing or runny nose that is associated with discharges from the eyes, nose, or mouth that cannot be controlled by medication and the employee is working with exposed food, clean equipment, clean utensils, or clean linens. [§113974]

CORRECTIVE ACTIONS:

• If a food employee is found working with discharge from the eyes, nose, or mouth, they shall be restricted from working with exposed food or clean equipment, utensils, and linens until the symptoms have been resolved.

Additional Violations:

• Category #14 (Food in good condition, safe and unadulterated) shall also be marked if food is contaminated due to eye, nose, or mouth discharge. [§113967]
• Category #15 (Food contact surfaces; clean and sanitized) shall also be marked if food contact surfaces are contaminated due to eye, nose, or mouth discharge. [§113967]
• Category #34 (Non-food contact surfaces clean) shall also be marked if non-food contact surfaces are contaminated due to eye, nose, or mouth discharge. [§114115]
• Category #51 (Impoundment/VC&D/Sampling) shall also be marked if food/equipment has been voluntarily condemned and disposed of or impounded/red tagged. (See VC&D/Red Tag/Impound instructions under Inspection Services) [§114393]

Public Health Reason:

Discharges from the Eyes, Nose, and Mouth

Discharges from the eyes, nose, or mouth through persistent sneezing or coughing by food employees can directly contaminate exposed food, equipment, utensils, linens, and single-service and single-use articles. When these poor hygienic practices cannot be controlled, the employee must be assigned to duties that minimize the potential for contaminating food and surrounding surfaces and objects.

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5. Proper eating, drinking, or tobacco use

Authority: California Retail Food Code, §§ 113977

This violation category is used to indicate the compliance status with food employees eating, drinking, and/or using tobacco products in approved areas.

IN - "IN" shall be marked if employees are observed eating, drinking, and/or using tobacco products in approved areas away from food preparation, food/utensil/equipment storage, and warewashing areas.

N/A shall be marked if the food facility only sells prepackaged food items.

N/O shall be marked in the RARE case when there are no food employees present at the time of inspection.

OUT - This violation category shall be marked MINOR; examples include:

• A food employee is observed eating, drinking, and/or using tobacco in non-designated areas where contamination can result, such as: [§113977]
• A food employee eating or chewing gum in the food preparation area. [§113977]
• A food worker drinking from an open cup in the food preparation area. [§113977]
• A food employee smoking, using smokeless tobacco, or chewing tobacco in the food preparation area. [§113977]

Additional Violations:

• Category #6 (Hands clean and properly washed; proper glove use) shall also be marked if an employee handles food/utensils without properly washing their hands after eating, drinking, and/or using tobacco products. [§113953.3]
• Category #44 (Premises; personal/cleaning items; vermin proofing) shall also be marked if an employee stores their personal food/drink/tobacco products in food preparation areas and/or food/utensil/equipment storage areas. [§114256]

Notes:

• Category #14 (Food in good condition, safe and unadulterated) shall be marked if a food employee is observed using a utensil to taste food more than once without being washed, rinsed, and sanitized between uses or when actual food contamination has resulted from a food employee eating, drinking, or using tobacco in a food preparation or storage area. [§113976]
• A food worker may drink from a closed beverage container if the container is handled in a manner that prevents contamination of workers hands, the container, non-prepackaged food, and food contact surfaces. A food worker's beverage container should not be placed on or directly above a food contact surface. [§113977]

Public Health Reason:

Eating, drinking, or using tobacco

Proper hygienic practices will ensure the safety of the food by preventing the introduction of foreign objects into the food and minimizing the possibility of transmitting disease through food. Smoking or eating by food employees in food preparation areas is prohibited because of the potential that their hands, the food, and food contact surfaces may become contaminated. Unsanitary personal practices such as scratching the head, placing the fingers in or about the mouth or nose, and indiscriminate and uncovered sneezing or coughing may result in food contamination. Poor hygienic practices by employees may also adversely affect consumer confidence in the food facility.

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6. Hands clean and properly washed, proper glove use

Authority: California Retail Food Code, §§ 113949.2(b), 113952, 113953.1, 113953.3, 113953.4, 113961, 113968, 113973

This violation category is used to indicate the compliance status with proper glove use and handwashing requirements.

IN - "IN" shall be marked if food employees are properly washing their hands and/or using gloves.

N/A - Do Not Mark.

N/O shall be marked in the RARE case when there are no food employees present at the time of inspection.

OUT - This violation shall be marked either MAJOR or MINOR.

Examples of MAJOR violations include:

• Food workers handling open food are unable to wash their hands due to the lack of soap or paper towels at the facility, however handwashing supplies were provided by the end of the inspection. [§113952, §113953.3]
• Food workers handling open food are unable to wash their hands due to the lack of soap or paper towels at the facility, and the handwashing supplies are NOT available by the end of the inspection. [§113952, §113953.3] (PERMIT SUSPENSION)
• A food employee's hands and/or exposed portions of their arm(s) are not clean during food preparation. [§113952]
• A food employee using hand sanitizer instead of washing their hands properly. [§113953.3(a)]
• An employee does not properly wash their hands in the following instances: [§113953.3(a)]
  1. After using the toilet room.
  2. After handling soiled equipment or utensils.
  3. Before initially donning gloves for working with food.
  4. After engaging in other activities that contaminate their hands.
  5. After caring for or handling any animal allowed in a food facility.
  6. When switching between working with raw food and working with ready-to-eat food.
  7. After touching bare human body parts (other than clean hands and clean, exposed portions of arms) or hair.
  8. After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking.
  9. Before dispensing or serving food or handling clean tableware and serving utensils in the food service area.
  10. During food preparation, as often as necessary to remove debris/contaminates and to prevent cross-contamination when changing tasks.
  11. Immediately before engaging in food preparation, working with non-prepackaged food, clean equipment/utensils, and unwrapped single-use food containers/utensils.
• A food employee preparing raw animal product fails to wash their hands before handling ready-to-eat food or clean tableware. [§113953.3(a)]
• A food employee wipes their dirty hands on their outer garment or towel instead of properly washing their hands when required. [§113953.3(a)]
• A food employee with an open wound/lesion is not wearing an impermeable cover and/or glove over lesions at the hand or wrist, or an impermeable cover for lesions at the arms. [§113949.2(b), §113973(a)]
• Food employees are not minimizing bare hand contact with non-prepackaged food that is in a ready-to-eat form by using utensils or gloves. [§113961(a, b)]
• A food employee is washing their hands while wearing single-use gloves or donning previously worn single-use gloves. [§113973(b)(c)]

Examples of MINOR violations include:

• A food employee washes their hands with cold water (less than 100°F). [§113953.3]
• An employee washes their hands for less than 10 seconds. [§113953.3(a)]
• Food employee is handling non-ready-to-eat food with fingernails that are not trimmed, cleanable, and smooth. [§113968]
• Food has been served to the consumer and a food employee is observed wrapping or packaging left-over food for the consumer by using their bare hands. [§113961(c)]
• An employee wearing latex gloves in the facility. [§113973]
• Food employees with artificial nails, nail polish, rings (other than a plain ring, such as a wedding band), or uncleanable orthopedic support devices are observed preparing unpackaged food or handling clean utensils without wearing single-use gloves. [§113973(a)]
• Non-latex slash-resistant gloves are used in contact with ready-to-eat food that will not undergo additional cooking and the gloves are not smooth, durable, and nonabsorbent or they are not covered with a single-use glove with these characteristics. [§113973(d, e)]
• Cloth gloves are used in direct contact with food that is not subsequently cooked. [§113973(f)]

CORRECTIVE ACTIONS:

• The food employee shall wash their hands and portion of arms as required and use appropriate utensils.
• The food employee shall wear gloves and/or utensils to package leftover food items for the consumer.

Additional Violations:

• Category #3 (Communicable disease; reporting, restrictions & exclusions) shall also be marked if a food employee fails to inform the PIC of any open wound/lesion on their hand(s)/arm(s). [§113949.4]
• Category #14 (Food in good condition, safe and unadulterated) shall also be marked if an employee is wearing latex gloves that are in direct contact with food. [§113967, §113980]
• Category #14 (Food in good condition, safe and unadulterated) shall also be marked if an employee contaminates food due to an open lesion/wound. [§113967, §113980]
• Category #15 (Food contact surfaces: clean and sanitized) shall also be marked if an employee contaminates food contact surfaces due to an open lesion/wound or direct contact with latex gloves. [§113967, §113973]
• Category #22 (Hot and cold water available) shall also be marked if the water at any handwashing sink measures less than 100°F or the water measures greater than 108°F at a non-adjustable handwashing sink. [§113953(c)]
• Category #34 (Non-food contact surfaces clean) shall also be marked if an employee contaminates non-food contact surfaces due to an open lesion/wound. [§114115]
• Category #52 (Permit Suspended, Revoked, Modified, or Closed for No Permit) shall also be marked if the facility is closed, and the permit is suspended. [§114405]

Notes:

• A food employee shall use utensils including scoops, forks, tongs, paper wrappers, gloves, etc. to assemble ready-to-eat food or to place ready-to-eat food on tableware or in other containers. However, if a food employee's hands are properly cleaned, they may assemble ready-to-eat foods or place ready-to-eat foods in other containers without the use of utensils when in an approved food preparation area.

Public Health Reason:

The hands are particularly important in transmitting foodborne pathogens. Hands are probably the most common vehicle for the transmission of pathogens to foods in a food facility. Hands can become soiled with a variety of contaminants during routine operations. Food employees with dirty hands and/or fingernails may contaminate the food being prepared. Even seemingly healthy employees may transfer pathogenic organisms to food. Staphylococcus aureus, for example, can be found on the skin and in the mouth, throat, and nose of many employees. The hands of employees can be contaminated by touching their nose or other body parts.

Performing cleaning duties, using the restroom, handling money, and other activities may also contaminate the hands of employees who may later engage in food preparation. Therefore, any activity that may contaminate the hands must be followed by thorough handwashing.

Handwashing is a critical factor in reducing fecal-oral pathogens that can be transmitted from hands to ready-to-eat food as well as other pathogens that can be transmitted via cross-contamination from raw to ready-to eat foods. Many employees fail to wash their hands as often as necessary and even those who do may use a flawed technique.

The greatest concentration of microbes exists around and under the fingernails of the hands. The area under the fingernails, known as the "subungual space", has by far the largest concentration of microbes on the hand and this is also the most difficult area of the hand to decontaminate.

All aspects of proper handwashing are important in reducing transient microbes on the hands. However, friction and water have been found to play the most important role. This is why the amount of time spent scrubbing the hands is critical in proper handwashing. It takes more than just the use of soap and running water to remove the transient pathogens that may be present. It is the abrasive action obtained by vigorously rubbing the surfaces being cleaned that loosens the transient microbes on the hands.

Research has shown a minimum 10-15 second scrub is necessary to remove transient pathogens from the hand. Every stage in handwashing is equally important and has an additive effect in transient microbe reduction. Therefore, effective handwashing must include scrubbing, rinsing, and drying the hands. When done properly, each stage of handwashing further decreases the transient microbial load on the hands. Handwashing done properly can result in a removal of 99.9% of bacteria and 99% of viruses and protozoa.

Use of gloves

Gloves used in handling ready-to-eat food are defined as a utensil, however they are not to be used as a replacement to handwashing. The use of latex gloves is prohibited. Natural rubber latex gloves have been reported to cause allergic reactions in some individuals who wear latex gloves during food preparation, and even in individuals eating food prepared by food employees wearing latex gloves.

Multiuse gloves, especially when used repeatedly and soiled, can become breeding grounds for pathogens that could be transferred to food. Soiled gloves can directly contaminate food if stored with ready-to-eat food or may indirectly contaminate food if stored with articles that will be used in contact with food.

If nonlatex slash-resistant gloves are not properly cleaned and sanitized, then their use could contaminate food.

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7. Adequate handwashing facilities; supplied and accessible

Authority: California Retail Food Code, §§ 113953, 113953.1, 113953.2, 114067(f)

This violation category is used to indicate the compliance status with handwashing facilities that are sufficient in number, accessible, and properly supplied.

IN - "IN" shall be marked if the food facility's handwashing facilities are sufficient in number, accessible, and are properly supplied with soap and single-use towels in dispensers.

N/A - Do Not Mark.

N/O - Do Not Mark.

OUT - This violation shall be marked either MINOR; examples include:

• One (1) handwashing sink is clogged in the food preparation area, but the facility has additional operable handwashing sink(s) in the food preparation area. [§113953(a), §113953.1(b)]
• A handwashing sink is not separated from a warewashing sink by a six (6) inch high metal splashguard or a twenty-four (24) inch separation in distance. [§113953(b)]
• A food facility, constructed after January 1, 1996, lacks a sufficient number of handwashing sinks and/or the handwashing sink(s) are not conveniently located in a food preparation area or warewashing area. [§113953(b)]
• The handwashing sink is not clean. [§113953.1(a)]
• Non-easily moveable equipment is blocking access to the handwashing sink. [§113953.1(a)]
• Preventing the use of the handwashing sink by storing items inside the sink basin. [§113953.1(a, b)]
• Food employee washing their hands in an unapproved sink (e.g., food preparation/janitorial sink). [§113953.1(c-d)]
• The use of bar soap or cloth towels. [§113953.2]
• Empty/missing/non-functioning soap and/or single-use towel dispenser. [§113953.2]
• No soap and/or single-use towels are available on the premises by the end of the inspection at a prepackaged food facility. [§113953.2]
• Hand drying device is non-functional. [§113953.2(b)]
• A satellite food service operation that handles open food items does not have an approved handwashing facility that is either permanently plumbed or self-contained. [§114067(f)]

Additional Violations:

• Category #22 (Hot and cold water available - Minor) shall also be marked if the water at a handwashing sink does not reach a minimum temperature of 100°F or if the water temperature at a non-adjustable handwashing sink exceeds 108°F. [§113953(c)]
• Category #22 (Hot and cold water available - Major) shall also be marked if there is no potable water available throughout the facility. [§114192]

Notes:

• Handwashing facilities must be available to make handwashing not only possible, but likely. Therefore, the EHS should ensure that food employees have the necessary supplies available for handwashing.
• Food facilities constructed or extensively remodeled after January 1,1996, that handle non-prepackaged food, shall provide facilities exclusively for handwashing in food preparation areas and in warewashing areas that are not located within or immediately adjacent to food preparation areas. [113953(b)]
• Except where a determination is made that the nonconforming structural conditions pose a public health hazard, existing facilities shall be deemed in compliance with the law pending replacement or renovation.

Public Health Reason:

Handwashing facilities

Effective handwashing is essential for minimizing the likelihood of the hands becoming a vehicle of cross contamination. It is important that handwashing be done at a properly equipped handwashing facility in order to help ensure that food employees effectively clean their hands.

It is inappropriate to wash hands in a food preparation sink since this may result in avoidable contamination of the sink and the food prepared therein. Janitorial sinks may not be used for food employee handwashing since this practice may introduce additional hand contaminants because these sinks may be used for the disposal of mop water, toxic chemicals, and a variety of other liquid wastes. Such wastes may contain pathogens from the floors of food preparation areas and toilet rooms and discharges from ill persons. Because handwashing is such an important factor in the prevention of foodborne illness, sufficient facilities must be available to make handwashing not only possible, but also likely.

Using a handwashing facility

Handwashing facilities must be maintained in a condition that promotes handwashing and are restricted for that use. Convenient accessibility of a handwashing facility encourages timely handwashing, which provides a break in the chain of contamination from the hands of food employees to food or food contact surfaces. Facilities, which are blocked by portable equipment or stacked full of soiled utensils and other items, are rendered unavailable for regular employee use. Nothing must block the approach to a handwashing facility thereby discouraging its use. Sinks used for food preparation and warewashing can become sources of contamination if used as handwashing facilities by employees returning from the toilet or from duties that have contaminated their hands.

Handwashing supplies

Hands are probably the most common vehicle for the transmission of pathogens to foods in a food facility. Hands can become soiled with a variety of contaminants during routine operations. Some employees are unlikely to wash their hands unless properly equipped handwashing facilities are accessible in the immediate work area. A facility that is kept clean and well stocked with liquid soap and paper towels encourage frequent use.

Hand sanitizers

Hand sanitizers are not an acceptable substitute for proper handwashing. This provision is intended to ensure that an alcohol based antimicrobial product applied to the hands is; 1) used in conjunction with handwashing, 2) a safe food additive when applied to bare hands that will come into direct contact with food, and 3) safe and effective when applied to human skin.

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8. Proper hot and cold holding temperatures

Authority: California Retail Food Code, §§ 113996, 113998, 114004, 114037

This violation category is used to indicate the compliance status with potentially hazardous food (PHF) being received/stored/held within specified holding temperature parameters.

IN - "IN" shall be marked if PHFs are being held at 41°F/45°F or below or 135°F or above within approved time allowances.

N/A shall be marked if the food facility does not hot hold or cold hold PHF.

N/O shall be marked if the food facility does hold hot or cold PHFs, but no foods are being held hot or cold during the time of inspection.

OUT - This violation shall be marked either MAJOR or MINOR.

MAJOR shall be marked if PHFs are held between 50°F - 130°F without any intervention(s). Examples include:

• Facility does not have any electrical power to maintain proper food temperatures and PHFs are observed out of temperature. (VC&D) PERMIT SUSPENSION [§113996(a)]
• PHF (including pooled eggs) measuring between 50°F - 130°F and has exceeded 2-hour preparation time. (VC&D) [§113996(a), §113998]
• Raw shell eggs are holding at an ambient temperature of 50°F or above and have exceed the 2-hour preparation time limit. (See Food Temperature Holding Chart below) [§113996(c)]
• A roast is cooked as specified in CRFC, §114004(b) which allows holding at 130°F, but is held between 50°F - 126°F. (VC&D) [§113996(b), §114004]

MINOR shall be marked if PHFs are held between 42°F/46°F - 49°F or 131°F - 134°F without any intervention(s). Examples include:

• PHF observed between 42°F - 49°F or 131°F - 134°F and has exceed the 2-hour preparation time limit. (See Food Temperature Holding Chart below) [§113996(a), §113998]
• PHF which has been thawed is observed holding between 42°F - 49°F. (See Food Temperature Holding Chart below) [§113996(a)]
• Raw shell eggs are holding at an ambient temperature between 46°F - 49°F and have exceed the 2-hour preparation time limit. (See Food Temperature Holding Chart below) [§113996(c)]
• PHFs at a salad bar or serving line held between 42°F - 45°F for over 12 hours within a 24-hour period. Note: Unused portions of PHF held for dispensing at serving lines or salad bars may be held up to 45°F and must be disposed of at or before the end of the allowed 24-hour period. [§113996(d)]
• PHF is received at between 42°F - 45°F, however, is not cooled to 41°F within four 4-hours. [§114037]
• A roast is cooked as specified in CRFC, §114004(b) which allows holding at 130°F, but is held between 126°F - 129°F. (See Food Temperature Holding Chart below) [§113996(b), §114004]

CORRECTIVE ACTIONS:

For holding violations refer to the Food Temperature Holding Chart below:

Time in Temp. Danger Zone (TDZ)	FOOD TEMPERATURE HOLDING CHART **
	42°F to 49°F	50°F to 130°F	131°F to 134°F
<2 hours	Cool to 41°F or below within 2 hours	PHF (VC&D)	Reheat to 165°F within 2 hours
2 - 3 hours	Cool to 41°F or below within 1 hours		PHF (VC&D)
3 - 4 hours	Immediately cool to 41°F or below
>4 hours	PHF (VC&D)
**Exemptions: A roast holding between 126°F - 129°F for less than 2 hours may be reheated as stated in CRFC, §114004. [§114016] A roast holding between 126°F - 129°F for 2 hours or more shall be voluntarily condemned and disposed of by the operator or red tagged/impounded.

Additional Violations:

• Category #36 (Equipment/utensils approved; installed; good repair; capacity) shall also be marked if faulty equipment causes PHF to be out of temperature. [§114175]
• Category #39 (Thermometers provided and accurate) shall also be marked if the facility lacks an accurate metal probe thermometer to take internal food temperatures. [§114159]
• Category #51 (Impoundment/VC&D/Sampling) shall also be marked if food/equipment has been voluntarily condemned and disposed of or impounded/red tagged. (See VC&D/Red Tag/Impound instructions under Inspection Services)[§114393]

Notes:

• Roasts, cooked per CRFC, §114004(b), may be held at 130°F or above.
• PHF may be received at 45°F if the food is cooled to 41°F within 4 hours.
• Food may be removed from specified holding temperatures for a cumulative time period of up to two hours to facilitate food preparation.
• Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit must be accurate to plus or minus 1°C or 2°F in the intended range of use. In addition, the EHS should not stir a food before taking its temperature since it is important to know the temperature of all parts of the food before it is agitated.
• The geometric center of a product is the recommended point of measurement when measuring the critical limit for cold holding.
• Additional measurements may need to be taken at points farthest from the heat source, (e.g., near the product surface for food held on a steam table). Temperatures measured between packages of food, such as cartons of milk or packages of meat, may be limited in accuracy and, if at the wrong temperature, indicate the need for further examination. However, the temperature of a PHF itself, rather than the temperature between packages, is necessary if marking as a violation.
• Infrared thermometers are a survey tool and must not be used to measure internal temperatures of foods for compliance with CRFC.
• In large holding units and on steam tables, it is necessary to measure temperatures of foods in various locations to ensure that the equipment is working properly.
• If deviations are noted in the product temperatures, it is important to take extra steps to determine reasons for the problem such as equipment failure or a breakdown in a process such as cooling or reheating. There could be other reasons such as foods were moved or just put into holding units.
• Foods approved for holding up to 45°F include the following: raw shell eggs; un-shucked live molluscan shellfish; pasteurized milk and pasteurized milk products in original sealed containers; PHFs held for dispensing in serving lines and salads bars during periods not to exceed 12 hours in any 24-hour period; or PHF held in vending machines; or PHF held for sampling at a Certified Farmers' Market.
• Pasteurized milk in original, sealed containers, pasteurized milk products in original, sealed containers, raw shell eggs, and un-shucked live molluscan shellfish may be received and maintained at an ambient temperature of 45°F or less.
• Hot and cold holding temperatures, as well as cooling time and temperatures, of PHFs should be thoroughly checked with a thermocouple, thermistor, or other appropriate temperature measuring device during each inspection. This includes the temperature of PHF during transport, (e.g., hot holding carts being used to transport food to buffet tables, satellite kitchens, or off-site catering events).
• As a rule, every effort should be made to assess every hot and cold holding unit in the food facility during each inspection.

Public Health Reason:

Hot and cold holding, potentially hazardous food

Bacterial growth and/or toxin production can occur if potentially hazardous food remains in the temperature "Danger Zone" (42°F to 134°F) too long. The rate of growth increases with a rise in temperature within this zone. Beyond the ideal temperature range for a particular organism, the rate of growth decreases. Operations requiring heating or cooling of food should be performed as rapidly as possible to avoid the possibility of bacterial growth.

Cold holding

When considering growth rate of microbial pathogens, time and temperature are integral and must be considered together. Increases in storage and/or display temperature will decrease shelf life of refrigerated foods since the higher in temperature, the more permissive conditions are for growth.

Hot holding

The hot holding of food at 135°F or greater is sufficient to prevent the growth of pathogens and is therefore an effective measure in the prevention of foodborne illness.

Time limits for food preparation

For potentially hazardous foods, it is required that the food be returned for refrigeration or hot holding after two hours at room temperature. After two cumulative hours at room temperature some pathogens begin entering the log phase of growth where the multiplication of microbes replicates logarithmically to produce enough toxins or pathogens to cause illness if ingested.

Receiving temperatures

Temperature is one of the prime factors that control the growth of bacteria in food. Many, though not all, types of pathogens and spoilage bacteria are prevented from multiplying to microbiologically significant levels in properly refrigerated foods that are not out of date. Therefore, it is imperative that refrigerated and frozen potentially hazardous foods be received at the temperature specified in Code.

High temperatures for a long enough time, such as those associated with thorough cooking kill or inactivate many types of microorganisms. However, cooking does not always destroy the toxins produced in foods by certain bacteria (such as the heat stable enterotoxins of Staphylococcus aureus). Cooking or hot holding that follows temperature abuse may not make the food safe. Keeping cooked foods hot as required in the Code prevents significant regrowth of heat-injured microorganisms and prevents recontamination with bacteria that are newly introduced.

Potentially hazardous foods that have visible signs of thawing, refreezing, or temperature abuse may contain pathogens in significant amounts. Improper thawing provides an opportunity for surviving bacteria to grow to harmful numbers and/or produce toxins. If the food is refrozen, many bacteria and/or the performed toxins are preserved.

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9. Time as a public health control; procedures & records

Authority: California Retail Food Code, §§ 114000

This violation category is used to indicate the compliance status with the proper implementation and use of Time as a Public Health Control (TPHC).

IN - "IN" shall be marked if a food facility is properly implementing TPHC and maintains all required written procedures.

N/A shall be marked if the food facility does not use time as a public health control.

N/O shall be marked if the food facility utilizes TPHC but is not implementing it at the time of inspection.

OUT - This violation shall be marked either MAJOR or MINOR.

Examples of MAJOR violations include:

• Written procedures are not available for foods using TPHC at the time of inspection. [§114000]
• The four-hour time marking has been exceeded. (VC&D) [§114000]
• Foods using TPHC are not marked or otherwise identified. (VC&D) [§114000]

Example of a MINOR violation includes:

• The written procedures for food items utilizing TPHC are not maintained, missing pertinent information, and/or are incomplete. [§114000]

Additional Violations:

• Category #51 (Impoundment/VC&D/Sampling) shall also be marked if food/equipment has been voluntarily condemned and disposed of or impounded/red tagged. (See VC&D/Red Tag/Impound instructions under Inspection Services) [§114393]

Notes:

• Food facilities using TPHC shall mark the time that is four hours past the point in time the food was removed from temperature control and shall discard the food at the end of the four-hour time limit.
  • Preparation time is included in the four-hour time limit if food is prepared and offered for consumption/sale directly thereafter without returning the food to proper temperature control. Example: A food facility uses TPHC for their ready-to-eat sandwiches. If the food facility takes 1 hour to prepare and package the sandwiches then immediately takes them to the non-temperature-controlled display for sale, then the food items will be marked and disposed of within three (3) hours.
• Written procedures shall be maintained at the food facility and made available upon request.
• TPHC cannot be used for dishes containing raw/undercooked eggs at licensed health facilities or public and private school cafeterias.

Public Health Reason:

Holding cold food without temperature control

When a food is removed from refrigerated storage and begins to warm to room temperature, Listeria monocytogenes is a primary organism of concern. Even while food is held at refrigeration temperatures, the growth potential of L. monocytogenes warrants concern for time/temperature control for food safety of ready to eat foods. By ensuring minimal Listeria growth in food, the threat from Salmonella would be negligible. Warming conditions will allow food to remain exposed to temperatures that allow B. cereus to produce emetic toxin. However, the 4-hour time constraint in the California Retail Food Code (CRFC) is sufficient to prevent any toxin formation. The conservative nature of the 4-hour limit for keeping foods without temperature control allows for a needed margin of safety if the temperature of the environment is higher than 75°F. It is important to note that time/temperature control for foods held without cold holding temperature control for a period of 4 hours, does not require any temperature control or monitoring. These foods can reach any temperature when held at ambient air temperatures as long as they are discarded or consumed within the four hours.

Holding hot food without temperature control

The second scenario for food without temperature control exists when food is cooked according to the CRFC requirements, then kept at room temperature for 4 hours before discarding. Foodborne pathogens of concern for an uncontrolled temperature scenario are spore formers including Clostridium perfringens and Bacillus cereus.

Food cooked according to the CRFC should be free of vegetative cells. However, the heat requirements are not sufficient to kill spores of C. perfringens or B. cereus and may actually serve as a heat shock that activates the spores. B. cereus is found commonly in outbreaks attributed to inadequate hot holding of starchy foods like rice and has been isolated in a multitude of food products. During the time without temperature control, the temperature of the food could decrease slowly enough to expose spores of both organisms to optimal growth conditions for a significant length of time. Like warming, several variables exist that determine the rate of heat transfer. Because of the wide variety of foods prepared it would be impossible to generalize how fast a typical product loses temperature after cooking but holding a food product for 4 hours at room conditions would need to be consumed or discarded within the four hours.

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10. Proper cooling methods

Authority: California Retail Food Code, §§ 114002, 114002.1

This violation category is used to indicate the compliance status with proper cooling methods.

Proper cooling time and temperature parameters are as follows:

Examples of approved cooling methods include:

• Using ice paddles
• Adding ice as an ingredient
• Placing food in shallow pans
• Using rapid cooling equipment
• Using containers that facilitate heat transfer
• In accordance with an approved HACCP plan
• Separating food into smaller or thinner portions
• Utilizing other effective means that have been approved by the Department
• Inserting appropriately designed containers in an ice bath and stirring frequently

IN - "IN" shall be marked if a facility is observed properly cooling PHFs within approved time and temperature parameters and using approved cooling methods.

N/A shall be marked if the food facility does not cool any PHFs.

N/O shall be marked if the food facility does cool PHF but is not cooling foods at the time of inspection. In this instance, the EHS shall request the food employee to explain and/or demonstrate proper cooling methods.

OUT - This violation shall be marked either MAJOR or MINOR.

Examples of MAJOR violations include:

• After cooking or hot holding, PHF is not cooled rapidly from 135°F to 41°F or below within 6 hours using approved methods (e.g., a cooked roast found at 60°F cooling for 8 hours in the walk-in cooler). (VC&D) [§114002]
• PHF is not cooled rapidly from 135°F to 70°F or below within 2-hours using approved methods (e.g., pot of cooked beans observed at 90°F and cooling for 3-hours). (VC&D) [§114002]
• PHF prepared from ingredients at ambient temperature (e.g., tuna salad) is not cooled to 41°F or below within 4-hours. (VC&D) [§114002]

Example of a MINOR violation includes:

• PHF observed being cooled without the use of approved cooling method(s), however the food is still within time and temperature parameters. [§114002.1]

CORRECTIVE ACTIONS:

• MAJOR violations include PHFs being improperly cooled, and the food has exceeded the critical time/temperature limits. Such food items shall be voluntarily condemned and disposed of.
• MINOR violations include PHFs being improperly cooled using an unapproved method, however the food item is still within the allowed critical time/temperature limits. Such food items shall be rapidly cooled using an approved method to complete the cooling process.

Additional Violations:

• Category #1 (Demonstration of knowledge) shall also be marked if the PIC or an applicable food employee does not know the requirements for cooling. [§113947(a)]
• Category #39 (Thermometers provided and accurate) shall also be marked if the facility lacks an accurate metal probe thermometer to take internal food temperatures. [§114159]
• Category #51 (Impoundment/VC&D/Sampling) shall also be marked if food/equipment has been voluntarily condemned and disposed of or impounded/red tagged. (See VC&D/Red Tag/Impound instructions under Inspection Services) [§114393]

Notes:

• Discussions with the person in charge along with observations should be used to determine compliance. For instance, during discussion the person in charge says that a food product was cooled overnight in the walk-in cooler. The product is checked, and the temperature is 50°F. Eight hours have elapsed from closing to opening. This item should be marked as a major violation because the product did not cool from 135°F to 41°F or less within 6 hours.

Public Health Reason:

Cooling

Proper cooling requires removing heat from food quickly enough to significantly slow microbial growth. Excessive time for cooling of PHFs has been consistently identified as one of the leading contributing factors to foodborne illness. During extended cooling, PHFs are subject to the growth of a variety of pathogenic microorganisms. A longer time near ideal bacterial incubation temperatures, (70°F - 120°F), is to be avoided. If the food is not cooled in accordance with this Code requirement, pathogens may grow to sufficient numbers to cause foodborne illness.

Cooling methods

Large food items, such as roasts, turkeys, and large containers of rice or refried beans, take longer to cool because of the mass and volume from which heat must be removed. A reduction in the volume of food significantly increases the rate of cooling and minimizes the opportunity for pathogen growth. If a hot food container is tightly covered, the rate of heat transfer is reduced, i.e., the time required for cooling and the time the food is exposed to optimal temperatures for bacterial multiplication or toxin production are increased.

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11. Proper cooking time and temperature

Authority: California Retail Food Code, §§ 114004, 114008, 114010

This violation category is used to indicate the compliance status with required cooking times and temperatures for food items of plant and animal origins.

The cooking temperature/time requirements are as follows:

Food Type	Minimum Cooking Temperature	Minimum Cooking Time
Fruits and vegetables	135°F (for hot holding)	N/A
Fish Beef Pork Eggs prepared for immediate service Whole commercially raised game animals	145°F	15 seconds
Ratites Comminuted meats/seafood Tenderized and injected meats Egg dishes prepared from pooled eggs or eggs for hot holding	155°F	15 seconds
Baluts Poultry Wild game animals Stuffed fish/meat/pasta/poultry/ratites Stuffing containing fish/meat/pasta/poultry/ratites Pasta and any other food stuffed with fish/meat/pasta/poultry/ratites	165°F	15 seconds
Roasts	130°F or as specified in CRFC, §114004	112 minutes or as specified in CRFC, §114004

Raw eggs not prepared in response to a consumer order for immediate service (e.g., scrambled eggs at a buffet) shall be cooked to the following temperatures:

Minimum Cooking Temperature	Minimum Cooking Time
145°F	3 minutes
150°F	1 minute
158°F	<1 second (instantaneous)

IN - "IN" shall be marked if food items are cooked to the minimum time and temperature requirements.

N/A shall be marked if the food facility does not cook food.

N/O shall be marked if the food facility does cook food, but cooking is not observed at the time of inspection. In this instance, the EHS shall request the food employee to explain and/or demonstrate proper cooking temperatures.

OUT - This violation shall be marked MAJOR; examples include:

• The cooking process for a food item did not meet the required cooking time and/or temperature. [§114004]
• Food of animal origin (e.g., beef, chicken, pork, etc.) is par cooked without an approved variance. [§114004]
• Raw food of animal origin was not cooked as required when using a microwave (e.g., food item was not rotated or stirred throughout/midway during cooking, covered, heated to 165°F, and left covered and stand for at least two minutes after cooking). [§114008]
• Fruits and vegetables intended for hot holding are not cooked to a minimum temperature of 135°F. [§114010]

CORRECTIVE ACTIONS:

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• If required cooking temperatures are not met, the EHS should have the operator continue cooking the food until the proper temperature is reached. Additionally, the EHS should explain the public health significance of inadequate cooking to the PIC and food employees.

Additional Violations:

• Category #1 (Demonstration of knowledge) shall also be marked if the PIC or cook does not know the proper cooking temperatures. [§113947(a)]
• Category #19 (Compliance with variance, specialized process & HACCP) shall also be marked if facility does not have a variance and is par cooking foods that require a minimum cooking temperature. [§114419]
• Category #20 (Consumer advisory provided for raw/undercook food) shall also be marked if a food facility undercooks PHFs and fails to provide the consumer advisory. [§114093]
• Category #39 (Thermometers provided and accurate) shall also be marked if the facility lacks an accurate metal probe thermometer to take internal food temperatures. [§114159]

Notes:

• A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if all the following conditions apply:
  • The food facility does not serve a highly susceptible population.
  • Steak is labeled to indicate that it meets the definition of "whole-muscle, intact beef".
  • Steak is cooked on both the top and bottom to a surface temperature of 145°F or above and a cooked color change is achieved on all external surfaces.
• A raw animal food product may be served or offered for sale upon consumer request in a ready-to-eat form if a consumer advisory is provided or a variance has been obtained, and it is not served to a highly susceptible population at a licensed health care facility and a public or private school cafeteria, or in the form of comminuted meat on a children's menu. [§114004]
• To assess cooking methods, inspections should occur at varying times when food is being cooked.
• Food facility operators must ensure cooking temperatures are met. The EHS must verify that monitoring is occurring by involving the person in charge in these activities during the inspection.
• Cooked and refrigerated food prepared for immediate service in response to an individual customer order may be served at any temperature.
• In order to better assess cooking during all phases of the inspection, the EHS can enlist the help of cooperative food employees to notify them of foods that have finished cooking. This allows EHSs to continue with the inspection in other areas of the operation yet continue to verify that proper cooking temperatures are being met.
• Par cooking is a technique of partially cooking a food item, removing it from the cooking process, and then finishing cooking at a later time.
• The cooking temperature of foods must be taken to determine compliance or non-compliance. Do not rely solely upon discussions with managers or cooks to determine compliance or non-compliance. The temperature of cooked potentially hazardous foods during the inspection should be taken upon completion of the cooking process. Food cooking temperatures should be verified by the EHS during each inspection. Every effort should be made to assess the cooking temperatures of a variety of products served in the food facility.
• Critical limits for cooking PHFs as specified in Sections §114004 and §114010 include specifications that all parts of the food be heated to a certain temperature. For large roasts, temperature measurement should take into account post-cooking heat rise which allows the temperature to reach equilibrium throughout the food. The critical limit of time at the terminal temperature must also be measured during inspections. For example, a roast beef cooked to 130°F is required to be held at this temperature for 112 minutes to ensure destruction of pathogens. Cooking temperatures should be noted on the inspection report.
• The correct temperature measuring device and technique are essential in accurately determining the temperatures of potentially hazardous foods. The geometric center or thickest parts of a product are the points of measurement of product temperature particularly when measuring critical limits for cooking.
• EHSs should take internal temperatures of products using a thermocouple or thermistor with a probe suitable for the product thickness. A thin diameter probe should be used for temperature measurements of hamburger patties and fish filets. Alternately, although less desirable, an EHS may use a suitable, calibrated bimetal stem thermometer for checking cooking temperatures of thick foods. Infrared thermometers are inappropriate for measuring internal cooking temperatures.

Public Health Reason:

Cooking temperature of raw animal foods

Cooking, to be effective in eliminating pathogens, must be adjusted for a number of factors. These include the anticipated level of pathogenic bacteria in the raw product, the initial temperature of the food, and the food's bulk, which affects the time to achieve the needed internal product temperature. Other factors to be considered include post-cooking heat rise and the time the food must be held at a specified internal temperature. Greater numbers and varieties of pathogens generally are found on poultry than on other raw animal foods. Therefore, a higher temperature, in combination with the appropriate time is needed to cook these products. To kill microorganisms, food must be held at a sufficient temperature for the specified time. Cooking is a scheduled process in which each of a series of continuous time/temperature combinations can be equally effective. The stated temperature is the minimum that must be achieved and maintained in all parts of each piece of meat for a least the stated time. Cooking requirements are based in part on the biology of pathogens. The thermal destruction of a microorganism is determined by its ability to survive heat. Different species of microorganisms have different susceptibilities to heat.

Seared Steak

Steak is a whole beef muscle. It does not include whole beef muscle that has been pinned, injected, or chopped and formed. It may be cut cross grain, such as sirloin, chuck, or porterhouse; or it may be cut with the grain, such as flank, skirt, or Chateaubriand. Other species, such as poultry, pork and lamb, are not included. Due to the low probability of pathogenic organisms being present in or migrating from the external surface to the interior of beef muscle, cuts of intact muscle (steaks) should be safe if the external surfaces are exposed to temperatures sufficient to affect a cooked color change. In addition, the cut (exposed) surfaces must receive additional heat to affect a complete sear across the cut surfaces. Grill or char marks may be applied to the complete surface searing. The meat should be seared on both top and bottom surfaces utilizing a heating environment (e.g., grill or broiling oven) that imparts a temperature at the surface of the intact steak of at least 145°F to achieve a cooked color change on all external surfaces. The searing of all surfaces should be continuous until the desired degree of doneness and appearance are attained. This is considered a ready to eat food. As reflected in the definition of whole-muscle, intact beefsteak, marinating is a food safety concern. The concern arises when the fascia (exterior surface) of the steak is broken by scoring or other means. This allows the marinade to penetrate, and potentially contaminate, the interior of the steak. In such cases, the CRFC allowance for undercooking without a consumer advisory is negated.

Microwave cooking

The rapid increase in food temperature resulting from microwave heating does not provide the same cumulative time and temperature relationship necessary for the destruction of microorganisms, as does conventional cooking methods. In order to achieve comparable lethality, the food must attain a temperature of 165oF in all parts of the food. Since cold spots may exist in food cooking in a microwave oven, it is critical to measure the food temperature at multiple sites when the food is removed from the oven and then allow the food to stand covered for two minutes post microwave heating to allow thermal equalization and exposure. Although some microwave ovens are designed and engineered to deliver energy more evenly to the food than others, the important factor is to measure and ensure that the final temperature reaches 165°F throughout the food.

Plant food cooking for hot holding

Fruits and vegetables that are fresh, frozen, or canned and that are heated for hot holding need only to be cooked to the temperature required for hot holding. These foods do not require the same level of microorganism destruction, as do raw animal foods since these fruits and vegetables are ready-to-eat at any temperature. Cooking to the hot holding temperature of 135°F prevents the growth of pathogenic bacteria that may be present in or on these foods. In fact, the level of bacteria will be reduced over time at the specified hot holding temperature.

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11. Proper cooking time and temperature

Authority: California Retail Food Code, §§ 114004, 114008, 114010

This violation category is used to indicate the compliance status with required cooking times and temperatures for food items of plant and animal origins.

The cooking temperature/time requirements are as follows:

Food Type	Minimum Cooking Temperature	Minimum Cooking Time
Fruits and vegetables	135°F (for hot holding)	N/A
Fish Beef Pork Eggs prepared for immediate service Whole commercially raised game animals	145°F	15 seconds
Ratites Comminuted meats/seafood Tenderized and injected meats Egg dishes prepared from pooled eggs or eggs for hot holding	155°F	15 seconds
Baluts Poultry Wild game animals Stuffed fish/meat/pasta/poultry/ratites Stuffing containing fish/meat/pasta/poultry/ratites Pasta and any other food stuffed with fish/meat/pasta/poultry/ratites	165°F	15 seconds
Roasts	130°F or as specified in CRFC, §114004	112 minutes or as specified in CRFC, §114004

Raw eggs not prepared in response to a consumer order for immediate service (e.g., scrambled eggs at a buffet) shall be cooked to the following temperatures:

Minimum Cooking Temperature	Minimum Cooking Time
145°F	3 minutes
150°F	1 minute
158°F	<1 second (instantaneous)

IN - "IN" shall be marked if food items are cooked to the minimum time and temperature requirements.

N/A shall be marked if the food facility does not cook food.

N/O shall be marked if the food facility does cook food, but cooking is not observed at the time of inspection. In this instance, the EHS shall request the food employee to explain and/or demonstrate proper cooking temperatures.

OUT - This violation shall be marked MAJOR; examples include:

• The cooking process for a food item did not meet the required cooking time and/or temperature. [§114004]
• Food of animal origin (e.g., beef, chicken, pork, etc.) is par cooked without an approved variance. [§114004]
• Raw food of animal origin was not cooked as required when using a microwave (e.g., food item was not rotated or stirred throughout/midway during cooking, covered, heated to 165°F, and left covered and stand for at least two minutes after cooking). [§114008]
• Fruits and vegetables intended for hot holding are not cooked to a minimum temperature of 135°F. [§114010]

CORRECTIVE ACTIONS:

• If required cooking temperatures are not met, the EHS should have the operator continue cooking the food until the proper temperature is reached. Additionally, the EHS should explain the public health significance of inadequate cooking to the PIC and food employees.

Additional Violations:

• Category #1 (Demonstration of knowledge) shall also be marked if the PIC or cook does not know the proper cooking temperatures. [§113947(a)]
• Category #19 (Compliance with variance, specialized process & HACCP) shall also be marked if facility does not have a variance and is par cooking foods that require a minimum cooking temperature. [§114419]
• Category #20 (Consumer advisory provided for raw/undercook food) shall also be marked if a food facility undercooks PHFs and fails to provide the consumer advisory. [§114093]
• Category #39 (Thermometers provided and accurate) shall also be marked if the facility lacks an accurate metal probe thermometer to take internal food temperatures. [§114159]

Notes:

• A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if all the following conditions apply:
  • The food facility does not serve a highly susceptible population.
  • Steak is labeled to indicate that it meets the definition of "whole-muscle, intact beef".
  • Steak is cooked on both the top and bottom to a surface temperature of 145°F or above and a cooked color change is achieved on all external surfaces.
• A raw animal food product may be served or offered for sale upon consumer request in a ready-to-eat form if a consumer advisory is provided or a variance has been obtained, and it is not served to a highly susceptible population at a licensed health care facility and a public or private school cafeteria, or in the form of comminuted meat on a children's menu. [§114004]
• To assess cooking methods, inspections should occur at varying times when food is being cooked.
• Food facility operators must ensure cooking temperatures are met. The EHS must verify that monitoring is occurring by involving the person in charge in these activities during the inspection.
• Cooked and refrigerated food prepared for immediate service in response to an individual customer order may be served at any temperature.
• In order to better assess cooking during all phases of the inspection, the EHS can enlist the help of cooperative food employees to notify them of foods that have finished cooking. This allows EHSs to continue with the inspection in other areas of the operation yet continue to verify that proper cooking temperatures are being met.
• Par cooking is a technique of partially cooking a food item, removing it from the cooking process, and then finishing cooking at a later time.
• The cooking temperature of foods must be taken to determine compliance or non-compliance. Do not rely solely upon discussions with managers or cooks to determine compliance or non-compliance. The temperature of cooked potentially hazardous foods during the inspection should be taken upon completion of the cooking process. Food cooking temperatures should be verified by the EHS during each inspection. Every effort should be made to assess the cooking temperatures of a variety of products served in the food facility.
• Critical limits for cooking PHFs as specified in Sections §114004 and §114010 include specifications that all parts of the food be heated to a certain temperature. For large roasts, temperature measurement should take into account post-cooking heat rise which allows the temperature to reach equilibrium throughout the food. The critical limit of time at the terminal temperature must also be measured during inspections. For example, a roast beef cooked to 130°F is required to be held at this temperature for 112 minutes to ensure destruction of pathogens. Cooking temperatures should be noted on the inspection report.
• The correct temperature measuring device and technique are essential in accurately determining the temperatures of potentially hazardous foods. The geometric center or thickest parts of a product are the points of measurement of product temperature particularly when measuring critical limits for cooking.
• EHSs should take internal temperatures of products using a thermocouple or thermistor with a probe suitable for the product thickness. A thin diameter probe should be used for temperature measurements of hamburger patties and fish filets. Alternately, although less desirable, an EHS may use a suitable, calibrated bimetal stem thermometer for checking cooking temperatures of thick foods. Infrared thermometers are inappropriate for measuring internal cooking temperatures.

Public Health Reason:

Cooking temperature of raw animal foods

Cooking, to be effective in eliminating pathogens, must be adjusted for a number of factors. These include the anticipated level of pathogenic bacteria in the raw product, the initial temperature of the food, and the food's bulk, which affects the time to achieve the needed internal product temperature. Other factors to be considered include post-cooking heat rise and the time the food must be held at a specified internal temperature. Greater numbers and varieties of pathogens generally are found on poultry than on other raw animal foods. Therefore, a higher temperature, in combination with the appropriate time is needed to cook these products. To kill microorganisms, food must be held at a sufficient temperature for the specified time. Cooking is a scheduled process in which each of a series of continuous time/temperature combinations can be equally effective. The stated temperature is the minimum that must be achieved and maintained in all parts of each piece of meat for a least the stated time. Cooking requirements are based in part on the biology of pathogens. The thermal destruction of a microorganism is determined by its ability to survive heat. Different species of microorganisms have different susceptibilities to heat.

Seared Steak

Steak is a whole beef muscle. It does not include whole beef muscle that has been pinned, injected, or chopped and formed. It may be cut cross grain, such as sirloin, chuck, or porterhouse; or it may be cut with the grain, such as flank, skirt, or Chateaubriand. Other species, such as poultry, pork and lamb, are not included. Due to the low probability of pathogenic organisms being present in or migrating from the external surface to the interior of beef muscle, cuts of intact muscle (steaks) should be safe if the external surfaces are exposed to temperatures sufficient to affect a cooked color change. In addition, the cut (exposed) surfaces must receive additional heat to affect a complete sear across the cut surfaces. Grill or char marks may be applied to the complete surface searing. The meat should be seared on both top and bottom surfaces utilizing a heating environment (e.g., grill or broiling oven) that imparts a temperature at the surface of the intact steak of at least 145°F to achieve a cooked color change on all external surfaces. The searing of all surfaces should be continuous until the desired degree of doneness and appearance are attained. This is considered a ready to eat food. As reflected in the definition of whole-muscle, intact beefsteak, marinating is a food safety concern. The concern arises when the fascia (exterior surface) of the steak is broken by scoring or other means. This allows the marinade to penetrate, and potentially contaminate, the interior of the steak. In such cases, the CRFC allowance for undercooking without a consumer advisory is negated.

Microwave cooking

The rapid increase in food temperature resulting from microwave heating does not provide the same cumulative time and temperature relationship necessary for the destruction of microorganisms, as does conventional cooking methods. In order to achieve comparable lethality, the food must attain a temperature of 165oF in all parts of the food. Since cold spots may exist in food cooking in a microwave oven, it is critical to measure the food temperature at multiple sites when the food is removed from the oven and then allow the food to stand covered for two minutes post microwave heating to allow thermal equalization and exposure. Although some microwave ovens are designed and engineered to deliver energy more evenly to the food than others, the important factor is to measure and ensure that the final temperature reaches 165°F throughout the food.

Plant food cooking for hot holding

Fruits and vegetables that are fresh, frozen, or canned and that are heated for hot holding need only to be cooked to the temperature required for hot holding. These foods do not require the same level of microorganism destruction, as do raw animal foods since these fruits and vegetables are ready-to-eat at any temperature. Cooking to the hot holding temperature of 135°F prevents the growth of pathogenic bacteria that may be present in or on these foods. In fact, the level of bacteria will be reduced over time at the specified hot holding temperature.

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12. Proper reheating procedures for hot holding

Authority: California Retail Food Code, §§ 114014, 114016

This violation category is used to indicate the compliance status with reheating requirements for PHFs intended for hot holding.

Reheating requirements are as follows:

Food Type	Minimum Reheat Temperature & Hold Time	Maximum Reheat Time
Food for immediate service	No requirement	No requirement
Commercially processed for hot holding	135°F for 15 seconds	2 hours
Non-commercially processed food for hot holding	165°F for 15 seconds	2 hours
Unsliced portions of roasts for hot holding	See CRFC, §114004 for listed parameters

*A steam table designed for re-thermalization may be used to reheat food items to the required reheating temperature.

IN - "IN" shall be marked if PHFs are reheated within the approved time and temperature parameters.

N/A shall be marked if the food facility does not reheat foods.

N/O shall be marked if the food facility does reheat food, but it is not observed at the time of inspection. In this instance, the EHS shall request the food employee to explain and/or demonstrate proper reheating.

OUT - This violation shall be marked MAJOR; examples include:

• PHF is not reheated to 165°F for 15 seconds within 2-hours (e.g., previously cooked and cooled stew being reheated for 3-hours before reaching 165°F). (VC&D) [§114016]
• Commercially processed ready-to-eat PHF is not reheated to at least 135°F. (VC&D) [§114016]
• Remaining unsliced portion(s) of roasts are not reheated as specified in CRFC, §114004. (VC&D) [§114016]
• PHF is reheated in a microwave and the food is not rotated or stirred to ensure it reaches 165°F, covered, and not allowed to stand covered for two minutes after reheating. (VC&D) [§114016]

CORRECTIVE ACTIONS:

>

• If, at the conclusion of the reheating process, it is discovered that the minimum reheating temperature has not been achieved, the reheating process should be continued until the food reaches the required temperature within the time frame allowed.

Additional Violations:

• Category #1 (Demonstration of knowledge) shall also be marked if the PIC or food employee at a food facility does not know the requirements for proper reheating for hot holding. [§113947(a)]
• Category #39 (Thermometers provided and accurate) shall also be marked if the facility lacks an accurate metal probe thermometer to take internal food temperatures. [§114159]
• Category #51 (Impoundment/VC&D/Sampling) shall also be marked if food/equipment has been voluntarily condemned and disposed of or impounded/red tagged. (See VC&D/Red Tag/Impound instructions under Inspection Services) [§114393]

Notes:

• Category #37 (Equipment, utensils, and linens: storage and use) shall be marked if a unit not designed to reheat food for hot holding is used and the food item has not exceeded time and temperature parameters. [§114130]
• Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order may be served at any temperature.

Public Health Reason:

Preparation for Immediate Service

Any potentially hazardous ready-to-eat (RTE) food taken from a commercially processed, hermetically sealed container, or from an intact package from a food processing plant that is inspected by the food regulatory authority that has jurisdiction over the plant is generally considered safe to eat without heating to the temperatures specified in the preceding sections. Any additional heating is usually conducted for the consumer's preference of hot food over cold food. For this, no specific temperature is required for the consumer's protection.

Reheating for hot holding

When food is held, cooled, and reheated in a food facility, there is an increased risk from contamination caused by personnel, equipment, procedures, or other factors. If food is held at improper temperatures for enough time, pathogens have the opportunity to multiply to dangerous numbers. Proper reheating provides a major degree of assurance that pathogens will be eliminated.

The potential for growth of pathogenic bacteria is greater in reheated cooked foods than in raw foods. This is because spoilage bacteria, which inhibit the growth of pathogens by competition on raw product, are killed during cooking. Subsequent recontamination will allow pathogens to grow without competition if temperature abuse occurs.

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13. Returned and re-service of food

Authority: California Retail Food Code, §§ 114079

This violation category is used to indicate the compliance status with ensuring foods which have been served to a consumer are not returned and reserved to another consumer.

IN - "IN" shall be marked when consumers are not served food items previously provided to another consumer.

N/A shall be marked if the facility only handles prepackaged foods.

N/O shall be marked if the food facility is not serving food at the time of inspection.

OUT - This violation shall be marked MINOR; examples include:

• Re-served tortilla chips, salsa, or unpackaged bread. (VC&D) [§114079]
• Popcorn, nuts, or snack mix left on the bar for communal service. (VC&D) [§114079]
• Previously served steamed rice used in the preparation of fried rice. (VC&D) [§114079]

Notes:

• Containers of non-potentially hazardous foods such as ketchup, steak sauce, hot sauce, etc., can be transferred from one consumer to another if the food is protected from contamination and the container is closed between uses.
• Schools may provide a sharing table where food service staff, pupils, and faculty may return food items and make those food items available to others during the course of a regular school mealtime.
• Food in unopened original packages that are in sound condition and checked periodically on a regular basis, such as crackers or sugar, can be re-served.

Public Health Reason:

Returned food and reserving of food

Food can serve as a means of person-to-person transmission of disease agents such as hepatitis A virus. Any unpackaged foods, even bakery goods in a breadbasket that are not potentially hazardous and that have been served to a consumer, but not eaten, can become vehicles for transmitting pathogenic microorganisms from the initial consumer to the next if the food is served again.

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14. Food in good condition, safe and unadulterated

Authority: California Retail Food Code, §§ 113967, 113976, 113980, 113982, 113988, 113990, 114035, 114041, 114254.3, 114355, 114419; Sherman Food, Drug, and Cosmetic Law, §§ 10605, 110610; California Code of Regulations, Title 17, Section 13675, California Health & Safety Code § 110611, 111921

This violation category is used to indicate the compliance status with food kept in good condition, safe, and unadulterated.

IN - "IN" shall be marked when foods at the food facility are observed to be in good condition, safe, and unadulterated.

N/A - Do Not Mark.

N/O - Do Not Mark.

OUT - This violation shall be marked either MAJOR or MINOR. Food which is deemed adulterated shall be impounded (red tagged) or voluntarily condemned and disposed (VC&D).

Examples of MAJOR violations include:

• Food is found to be adulterated. [§113980]
• A food employee contaminates food by any intentional or unintentional act. [§113967]
• A food employee washing their hands over defrosting meat. [§113967]
• Latex gloves or latex utensils are in direct contact with food. [§113967]
• A food employee with an illness or open lesion on their hand(s) or arm(s), is touching/preparing food items. [§113967]
• A food employee using a utensil to taste food more than once without the utensil being properly washed, rinsed, and sanitized between uses. [§113976]
• A soiled linen is in contact with bread in a breadbasket. [§113980]
• Food products are adulterated by a rodent, cockroach, and/or fly. [§113980]
• Food items were prepared using non-potable or contaminated water. [§113980]
• Refrigerator condensate is leaking on to raw or ready-to-eat foods. [§113980]
• A foreign object is found in food (e.g., glass, Band-Aid). [§113980]
• Foods contaminated due to contact with soiled fabric implements. [§113980]
• Food stored on the floor is in contact with overflowing sewage or wastewater. [§113980]
• Cans or packaged foods are swollen or leaking with evidence of gas production. [§113980]
• Foods contaminated due to using a soiled wiping cloth on a food contact surface. [§113980]
• Unapproved wet storage of shell-stock (e.g., stored or displayed in standing water/melted iced). [§113980]
• Acidic foods capable of leaching are found stored in lead-glazed, copper, or copper alloy (brass) containers. [§113980]
• Open food products are stored inside and in direct contact with the surfaces of the handwashing/ janitorial sink. [§113980]
• Washing produce or thawing open frozen food in a warewashing compartment without first washing and sanitizing the compartment. [§113980]
• Facility prepares foods using reduced oxygen packaging (other than for immediate cooking and removal from the package within 48 hours) and does not have or is not adhering to an approved hazard analysis and critical control points (HACCP) plan. [§113980, §114419]
• Prepared food in reduced oxygen packaging (ROP) has exceed or is missing the 48-hour timestamp and the facility does not have an approved HACCP plan. [§113980, §114419]
• Unapproved additives are used in food (e.g., sulfites being applied to fresh fruits or vegetables). [§113988]
• Raw oysters from the Gulf of Mexico harvested April 1st - October 31st are missing the treatment verification letter or are otherwise untreated. Food items shall be voluntarily condemned and disposed of, or red tagged. [§114029, §13675]
• Ice that has been used as a cooling medium is then used as food or as an ingredient in food. [§113990, §114355]
• Food received is not wholesome, not in good condition, or in food containers/on pallets that are infested with vermin or are otherwise contaminated. [§114035, §114041]
• A container that previously held poisonous or toxic material is used to store, transport, or dispense food. [§114254.3]
• Ground sirloin/round/hamburger exceeds 30% fat content, ground chuck exceeds 26% fat content, or ground pork exceeds 50% fat content. If a corrective action cannot be completed by the end of the inspection, the food item shall be voluntarily condemned and disposed of, or red tagged and held for disposition, and a compliance review shall be scheduled. [§110605, §110610]
• A food facility is adding industrial hemp (IH) extracts (e.g., CBD) directly to food/drink items. The food item shall be voluntarily condemned and disposed of, or red tagged and held for disposition, and a compliance review shall be scheduled. [§110611, §111921]
• A retail food market is selling manufactured prepackaged shelf stable industrial hemp food/drink items that contain THC as an ingredient. The food item shall be voluntarily condemned and disposed of, or red tagged and held for disposition, and a compliance review shall be scheduled. [§110611, §111921]

Examples of MINOR violations include:

• Lining food containers with newspaper. [§113980]
• A liquor store packs ice on site without a warewashing sink. [§113980]
• Linen used as lining in the breadbasket is not changed between customers. [§113980]
• Food (e.g., meat, fish, vegetable, bread, etc.) with visible signs/appearance of spoilage. [§113980]
• Food-infesting insects, including beetles, moths, larvae, fruit flies, ants, and gnats, observed in food and/or beverage. [§113980]
• Food is transported in an unapproved manner. [§113982]
• Food is not inspected as soon as practical upon receipt. [§114035]

CORRECTIVE ACTION:

• The operator may regrind ground sirloin/round/hamburger that exceeds 30% fat content, ground chuck that exceeds 26% fat content, or ground pork that exceeds 50% fat content with a leaner cut of meat to bring the total fat content within an approved fat content range.

Additional Violations:

• Category #6 (Hands clean and properly washed, proper glove use) shall also be marked if an employee has adulterated food through direct contact by wearing latex gloves. [§113973]
• Category #15 (Food contact surfaces: clean and sanitized) shall also be marked if food contact surfaces are contaminated. [§114113, §114117]
• Category #16 (Food obtained from approved source) shall also be marked if identification tags for raw molluscan shellfish are missing. [§114021]
• Category #19 (Compliance with variance, specialized process & HACCP) shall also be marked if the facility is operating without an approved HACCP plan when required. [§114419]
• Category #33 (Food properly labeled & honestly presented) shall also be marked if manufactured shelf stable food products containing Industrial Hemp are mislabeled. [§11926.2]
• Category #36 (Equipment/utensils approved; installed; good repair; capacity) shall also be marked if food is stored in unapproved containers such as lead-glazed, copper, or copper alloy (brass) containers. [§114130]
• Category #48 (Permits available) shall also be marked if a liquor store is operating outside the scope of their permit by engaging in the packaging and sale of ice on site without a warewashing sink. [§114381]
• Category #51 (Impoundment/VC&D/Sampling) shall also be marked if food/equipment has been voluntarily condemned and disposed of or impounded/red tagged. (See VC&D/Red Tag/Impound instructions under Inspection Services) [§114393]

Notes:

• The EHS should ensure that the food facility's management and food employees understand the risk of serving contaminated or adulterated food and the reason for the required corrective action.
• Hulled hemp seeds, hemp seed proteins, and help seed oil are generally recognized as safe (GRAS) and allowed to be added to foods. No action should be taken for these items.
• A referral shall be made to the California Department of Public Health (CDPH) for adulterated IH products. An additional referral shall be made to the Alcoholic Beverage Control (ABC) if alcohol that contains THC is sold on the premises.
• Sell-by or expiration dates of food products, other than infant formula or baby food, are not enforced by this Department and are not marked in any subcategory. Instead, the EHS will recommend that the owner/operator discontinue the sale of the food based on the expiration date.
• Category #14 (Food in good condition, safe and unadulterated) shall be marked if actual contamination has occurred, whereas categories #27-30 pertain to violations regarding prevention from contamination.
• EHSs should ensure that the food facility's management and employees are aware of the risk of serving or selling food that contains unapproved additives.
• Food transportation vehicles may be inspected only when the transporter has arrived at the retail food facility, when stationary at an agricultural inspection station, or at a border crossing. Food transporter violations should be referred to the California Department of Public Health for follow-up. Violations observed on vehicles found at a food facility should be marked in this category if the facility has accepted delivery of food from the transporter.
• Foods that have been cross contaminated with a major food allergen are not considered adulterated, however this may result in a labeling violation (see Appendix C).

Public Health Reason:

Preventing contamination when tasting food

Proper hygienic practices must be followed to ensure the safety of the food, prevent the introduction of foreign objects into the food, and minimize the possibility of transmitting disease through food. Pathogens can be transferred to food from utensils that have been stored on surfaces which have not been cleaned and sanitized. They may also be passed on by consumers or employees directly or indirectly from used tableware or food containers.

Requirements for protecting food from contamination

Food, at all stages of production, is susceptible to contamination. The source of food is important because pathogenic microorganisms may be present in the breeding stock of farm animals, in feeds, in the farm environment, in waters used for raising and freezing aquatic foods, and in soils and fertilizers in which plant crops are grown. Chemical contaminants that may be present in field soils, fertilizers, irrigation water, and fishing waters can be incorporated into food plants and animals.

It is imperative for safety that food supplies come from sources that are in compliance with laws regarding chemical additives and contaminants.

Food additives are substances, which, by their intended use, become components of food, either directly or indirectly. They must be strictly regulated. Additives may be harmful to the consumer in excess amounts or if an unapproved additive is used. Unintentional contaminants or residues also find their way into the food supply. The tolerances or safe limits designated for these chemicals are determined by risk assessment evaluations based on toxicity studies and consumption estimates.

Ice used as exterior coolant, prohibited as an ingredient

Ice that has been in contact with un-sanitized surfaces or raw animal foods may contain pathogens and other contaminants. For example, ice used to store or display fish or packaged foods could become contaminated with microbes present on the fish or packaging. If this ice is then used as a food ingredient, it could contaminate the final product.

Poisonous or toxic material containers

Use of poisonous or toxic material containers to store, transport, or dispense food is prohibited because of the potential for contamination of the food. The risk of serious medical consequences to anyone consuming food stored in these containers, coupled with the lack of confidence that all of the material could or would be removed in the wash and sanitizing procedures are reasons for prohibiting this practice.

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13. Returned and re-service of food

Authority: California Retail Food Code, §§ 114079

This violation category is used to indicate the compliance status with ensuring foods which have been served to a consumer are not returned and reserved to another consumer.

IN - "IN" shall be marked when consumers are not served food items previously provided to another consumer.

N/A shall be marked if the facility only handles prepackaged foods.

N/O shall be marked if the food facility is not serving food at the time of inspection.

OUT - This violation shall be marked MINOR; examples include:

• Re-served tortilla chips, salsa, or unpackaged bread. (VC&D) [§114079]
• Popcorn, nuts, or snack mix left on the bar for communal service. (VC&D) [§114079]
• Previously served steamed rice used in the preparation of fried rice. (VC&D) [§114079]

Notes:

• Containers of non-potentially hazardous foods such as ketchup, steak sauce, hot sauce, etc., can be transferred from one consumer to another if the food is protected from contamination and the container is closed between uses.
• Schools may provide a sharing table where food service staff, pupils, and faculty may return food items and make those food items available to others during the course of a regular school mealtime.
• Food in unopened original packages that are in sound condition and checked periodically on a regular basis, such as crackers or sugar, can be re-served.

Public Health Reason:

Returned food and reserving of food

Food can serve as a means of person-to-person transmission of disease agents such as hepatitis A virus. Any unpackaged foods, even bakery goods in a breadbasket that are not potentially hazardous and that have been served to a consumer, but not eaten, can become vehicles for transmitting pathogenic microorganisms from the initial consumer to the next if the food is served again.

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15. Food contact surfaces: clean and sanitized

Authority: California Retail Food Code, §§ 113967, 113984(e), 114095, 114097, 114099, 114099.1, 114099.2, 114099.4, 14099.6, 114099.7, 114101, 114105, 114109, 114111, 114113, 114115, 114117, 114118, 114125(b), 114141, 114185

This violation category is used to indicate the compliance status with the proper cleaning and sanitizing requirements for food contact surfaces.

The following are common types of approved sanitizers, concentration/temperature, and contact time required during manual warewashing for proper sanitization:

Sanitizer	Approved Concentration or Temperature	Minimum Contact Time
Hot water	171°F or above	30 seconds
Chlorine	100 ppm	30 seconds
Quaternary Ammonium	200 ppm	1 minute
Iodine	25 ppm	1 minute

IN - "IN" shall be marked if the food facility is properly cleaning and sanitizing all food contact surfaces.

N/A shall be marked if the food facility only sells prepackaged foods.

N/O shall be marked if the food facility is not cleaning and sanitizing food contact surfaces at the time of inspection. In this instance, the EHS shall request the assigned employee to explain and/or demonstrate proper warewashing and sanitizing procedures.

OUT - This violation shall be marked either MAJOR or MINOR.

Examples of MAJOR violations include:

Food Contact Surfaces

• Food contact surfaces of equipment or utensils are not cleaned and sanitized as required. [§113984(d), §114097, §114113]
• A food employee with dirty hands or open lesions on their hand(s) or arm(s), is touching food contact surfaces. [§113967]
• Dry cleaning methods (e.g., brushing, scraping, and vacuuming) are used with other than dry non-potentially hazardous food residues. [§114111(a)]
• Failure to clean and sanitize food contact surfaces every four (4) hours and/or as required when changing from raw food of animal origin to ready-to-eat food, between species of raw food of animal origin, or between unwashed produce and PHF. [§114113, §114117]
• Food contact surfaces contaminated due to contact with a wiping cloth used improperly. [§114113]
• Accumulation of mold/mildew on any interior surface of the ice machine. [§114113]
• Accumulation of mold/mildew on the food contact surfaces of the soda gun and/or holder. [§114113]
• Food temperature measuring device is not cleaned and sanitized prior to use or storage. [§114113]
• Reusable condiment containers are not properly washed and sanitized before being restocked. [§114113]
• Food contact surfaces of equipment and utensils are not clean to sight and touch. [§114115(a)]
• Fabric implements are not laundered and sanitized before or after use when in direct contact with food. [§114118, §114185]
• The warewashing sink is used to wash wiping cloths or produce, or thaw food, and the sink compartments are not cleaned and sanitized before and after each time it is used for such purposes. [§114125(b)]
• Lubricants used on food contact surfaces are not food grade. [§114141]

Manual Warewashing

• Warewashing sink is missing, non-functional, or clogged, and there is no other approved means of cleaning and sanitizing is available. (PERMIT SUSPENSION) [§114095, §114099]
• The facility is unable to properly wash and sanitize utensils/equipment because the detergent used is ineffective at temperatures below 100°F, and the water temperature was observed to be less than 100°F and the violation was not corrected by the end of the inspection. (PERMIT SUSPENSION) [§114099.2]
• Manual warewashing is not accomplished using a three-compartment sink where utensils are first precleaned, then washed, rinsed, sanitized, and air dried, and there is no other approved alternative method ware washing (e.g., two-compartment sink, clean-in-place, etc.). [§114099.2]
• Improper use and/or cleaning and sanitization method(s) of food contact surface sanitizers; as per the manufacturer's specification. [§114099.2(f), §114099.6(c)]
• Hot water sanitizing is used for manual warewashing and the water temperature in the sink compartment is not maintained at 171°F or there is no basket or rack to allow complete immersion of equipment and utensils. [§114099.4]
• No approved detergent/sanitizer used during warewashing at a warewashing sink. [§114099.2]
• Approved sanitizer is not provided or available by the end of the inspection. (PERMIT SUSPENSION) [§114099.6]
• Inadequate contact time with an approved sanitizer. [§114099.6]
• Sanitizer level is not detectible or is below 50 ppm for Chlorine or below 100 ppm for Quaternary Ammonium during active manual warewashing. [§114099.6]

Mechanical Warewashing

• Sanitizer level during the final sanitizing rinse is below 50 ppm for Chlorine, or below the required concentration as indicated on the manufacturer's data plate during active mechanical warewashing. [§114099.7]
• A temperature measuring sticker used at a heat sanitizing mechanical warewashing machine does not change color. [§114099.7]
• Soiled items loaded in the warewashing machine do not have adequate wash water or detergent. [§114101]
• The mechanical warewashing machine is not installed or operated in accordance with manufacturer's specifications. [§114101(a)]

Examples of MINOR violations include:

Food Contact Surfaces

• No overhead protection over the warewashing area. [§113984(e)]
• Equipment and utensils are not air dried or adequately drained after cleaning and sanitizing. [§114105]

Manual Warewashing

• The facility is unable to properly wash and sanitize utensils/equipment because the detergent used is ineffective at temperatures below 100°F, and the water temperature was observed to be less than 100°F, however, there was no active warewashing and the violation was corrected by the end of the inspection. [§114099.2]
• Sanitizer level is below 100 ppm but at least 50 ppm for Chlorine or below 200 ppm but at least 100 ppm for Quaternary Ammonium during active manual warewashing. [§114099.6]
• Sanitizer level is observed at or above 200 ppm for Chlorine or at or above 400 ppm for Quaternary Ammonium at the warewashing sink. [§114099.6]
• Sanitizer for manual warewashing is unavailable but obtained by the end of inspection and no active warewashing was observed. [§114099.6]
• Equipment and utensils are not pre-flushed, presoaked, or scrubbed. [§114099.1]
• Utensils are rinsed after being sanitized with chemicals and/or not allowed to air-dry after chemical sanitization. [§114099.6, §114105]

Mechanical Warewashing

• Equipment and utensils are not scraped of food debris. [§114099.1]
• Unapproved drying agent is used during the sanitization process. [§114109(a-b)]
• Soiled items are not loaded in the warewashing machine correctly. [§11410(b-d)]

CORRECTIVE ACTION:

• A food facility that prepares food shall not be operating if there is no method to properly clean and sanitize equipment/utensils. The food facility shall cease operation immediately and the EHS shall suspend the permit to operate. The food facility shall remain closed until a method to clean and sanitize equipment or utensils is provided and all equipment/utensils shall be cleaned and sanitized properly prior to reinstating the permit.
• A food facility shall not be operating if there is gross contamination of food contact surfaces that may result in the contamination of food products. The food facility shall cease operation until all food contact surfaces have been thoroughly cleaned and sanitized.

Additional Violations:

• Category #14 (Food in good condition, safe and unadulterated) shall also be marked if food is adulterated due to contaminated food contact surfaces. [§113980]
• Category #22 (Hot and cold water available) shall also be marked if the water temperature measures less than 100°F at the warewashing sink. [§114192]
• Category #35 (Warewash facilities: installed, maintained, used; test equipment) shall also be marked if a mechanical warewashing machine cannot be readily adjusted to effectively sanitize during active warewashing (e.g., ppm of chemical/contact time/temperature). [§114101, §114099.7]
• Category #40 (Wiping cloths; properly used and stored) also be marked if a soiled wiping cloth is stored on a food contact surface. [§114185.1]
• Category #52 (Permit Suspended, Revoked, Modified, or Closed for No Permit) shall also be marked if the facility is closed, and the permit is suspended. [§114405]

Notes:

• Category #35 (Warewash facilities: installed, maintained, used; test equipment) shall be marked if there is no active warewashing and the mechanical warewashing machine is tested and found to be non-functional or does not effectively sanitize, and an approved alternate method of sanitizing is available (e.g., 3-compartment sink used for manual warewashing).
• Category #35 (Warewash facilities: installed, maintained, used; test equipment) shall be marked if a warewashing sink is missing, in disrepair/non-functional, or clogged but an approved alternate method of cleaning and sanitizing is available (e.g., mechanical warewashing machine).

Public Health Reason:

Food contact with equipment and utensils

Some pathogenic microorganisms survive outside the body for considerable periods of time. Food that comes into contact directly or indirectly with surfaces that are not clean and sanitized is liable to such contamination. The handles of utensils, even if manipulated with gloved hands, are particularly susceptible to contamination.

Equipment, food contact surfaces, non-food contact surfaces, and utensils

The objective of cleaning focuses on the need to remove organic matter from food contact surfaces so that sanitization can occur and to remove soil from non-food contact surfaces so that pathogenic microorganisms will not be allowed to accumulate, and insects and #24s will not be attracted.

Cleaning frequency of equipment food contact surfaces and utensils

Microorganisms may be transmitted from a food to other foods by utensils, cutting boards, thermometers, or other food contact surfaces. Food contact surfaces and equipment used for potentially hazardous foods should be cleaned and sanitized as needed throughout the day but must be cleaned and sanitized no less than every 4 hours to prevent the growth of microorganisms on those surfaces. Effective sanitization procedures destroy organisms that have been introduced into the rinse solution. It is important that surfaces be clean before being sanitized to allow the sanitizer to achieve its maximum benefit.

Refrigeration temperatures slow down the generation time of bacterial pathogens, making it unnecessary to clean and sanitize every four hours. However, the time period between cleaning and sanitizing equipment and utensils may not exceed 24 hours.

Surfaces of utensils and equipment contacting food that is not potentially hazardous such as iced tea dispensers, carbonated beverage dispenser nozzles, beverage dispensing circuits or lines, water vending equipment, coffee bean grinders, ice makers, and ice bins must be cleaned and sanitized on a routine basis to prevent the development of slime, mold, or soil residues that may contribute to an accumulation of microorganisms.

Precleaning

Precleaning of utensils, dishes, and food equipment allows for the removal of grease and food debris to facilitate the cleaning action of the detergent. Depending upon the condition of the surface to be cleaned, detergent alone may not be sufficient to loosen soil for cleaning. Heavily soiled surfaces may need to be presoaked or scrubbed with an abrasive.

Manual warewashing, sink compartment requirements

The 3-compartment requirement allows for proper execution of the 3-step manual warewashing procedure. If properly used, the 3 compartments reduce the chance of contaminating the sanitizing water and therefore diluting the strength and efficacy of the chemical sanitizer that may be used.

Manual warewashing procedure

Efficacious sanitization is dependent upon warewashing being conducted within certain parameters. Time is a parameter applicable to both chemical and hot water sanitization. The time that hot water or chemicals contact utensils or food contact surfaces must be sufficient to destroy pathogens that may remain on surfaces after cleaning. Other parameters, such as temperature or chemical concentration, are used in combination with time to deliver effective sanitization.

It is important to rinse off detergents, abrasive, and food debris after the wash step to avoid diluting or inactivating the sanitizer. Sanitization is accomplished after the warewashing steps of cleaning and rinsing so that utensils and food contact surfaces are sanitized before coming into contact with food and before use.

Manual warewashing heat sanitization

If the temperature during the hot water sanitizing step is less than 171oF, sanitization will not be achieved. As a result, pathogenic organisms may survive and be subsequently transferred from utensils to food.

Manual warewashing chemical sanitization

When using manual warewashing as a method to wash, rinse, and sanitize food contact surfaces it is imperative to follow the instructions on the EPA-registered label. If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, it shall be applied in accordance with the EPA-registered label use instruction.

Mechanical machine warewashing procedures

Items to be washed in a warewashing machine must receive unobstructed exposure to the spray to ensure adequate cleaning. Items that are stacked, or trays which are heavily loaded with silverware, cannot receive complete distribution of detergent, water, or sanitizer and cannot be considered to be clean.

Equipment and utensils, air-drying required

Items must be allowed to drain and to air-dry before being stacked or stored. Stacking wet items such as pans prevents them from drying and may allow an environment where microorganisms can begin to grow. Cloth drying of equipment and utensils is prohibited to prevent the possible transfer of microorganisms to equipment or utensils.

Warewashing sinks, use limitation

If the wash sink is used for functions other than warewashing, such as washing wiping cloths or washing and thawing foods, contamination of equipment and utensils could occur.

Returnable, cleaning for refilling

Food facilities may provide multi-use to-go containers to consumers with the intention that the containers are to be returned to the food facility for refilling or reuse. These containers are likely to be soiled when the consumer returns the container to the food facility. As a result, pathogens may be transferred to food by consumers or employees directly, or indirectly, from used take-home food containers. Therefore, food facilities that allow for the use of refillable containers are required to clean and sanitize before reuse.

The refilling of consumer-owned, personal take-out beverage containers, such as thermally insulated bottles, non-spill coffee cups, and promotional beverage glasses, by a consumer or food employee introduces the possibility of contamination of the filling equipment or product by improperly cleaned containers or the improper operation of the equipment. To prevent this contamination and possible health hazards to the consumer, the refilling of consumer-owned, personal take-out beverage containers is limited to beverages that are not potentially hazardous (time/temperature control for safety) foods. Equipment must be designed to prevent the contamination of the equipment and means must be provided to clean the containers at the facility.

Reusing single-service and single-use articles is prohibited.

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16. Food obtained from approved source

Authority: California Retail Food Code, §§ 113980, 114021-114031, 114041, 114365, 114376

This violation category is used to indicate the compliance status when food items are obtained from approved sources.

IN - "IN" shall be marked if food items are verified to have been obtained from approved sources.

N/A - Do Not Mark.

N/O - Do Not Mark.

OUT - This violation shall be marked MAJOR; examples include:

• Food is not from an approved food source (e.g., PHF prepared in a private home). [§113758, §113980, §114021, §114023, §114025, §114376]
• Operator is unable to provide invoice(s) for food items upon request. (Red Tag) [§113980]
• Invoices for PHFs suspected of being from an unapproved source are not available on-site. [§113980]
• Prepared food is served, but no invoices or cooking equipment is available on the premises. [§113980]
• Foie gras is offered for sale. [§113980]
• Molluscan shellfish are missing the shellstock(s) invoice and the EHS is unable to verify if the product was obtained from a source listed on the Interstate Certified Shellfish Shippers List or the CDPH California Only Shellfish Shippers List. [§113980, §114031] (Red Tag)
• A retail food facility is manufacturing milk products (e.g., yogurt, ice cream, cheese, etc.) and/or products resembling milk products (e.g., using plant-based ingredients) without an approval from the California Department of Food and Agriculture (CDFA), Milk and Dairy Food Safety Branch (MDFS) when required. [§113980]
• A food facility is selling baked goods made in a private home that does not have a Class B Cottage Food Operation permit. [§114021, §114365]
• Frozen milk products, such as ice cream, are not pasteurized. [§114024]
• Liquid, frozen, and dry eggs and egg products are not obtained pasteurized. [§114024]
• Fish is not commercially and legally caught or harvested. [§114027]
• Molluscan shellfish are not received from a source listed on the Interstate Certified Shellfish Shippers List or the CDPH California Only Shellfish Shippers List. (VC&D) [§114029]
• Game animals are not from an approved source or are a species of wildlife on the 50 CFR Endangered and Threatened Wildlife and Plants list or are listed as an endangered or a threatened animal by the California Department of Fish and Wildlife. [§114031]
• Shell eggs do not meet at least Grade B Standards. [§114041]

CORRECTIVE ACTION:

• If food is from an unapproved and/or unsafe source, the food item(s) shall be voluntarily condemned and disposed of, or red tagged and held for disposition, and a compliance review shall be scheduled. (See VC&D/Red Tag/Impound instructions under Inspection Services)
• If copies of invoices are not available to verify the source of a food item at the time of inspection, the food shall be red tagged and held for disposition, and a compliance review shall be scheduled. (See VC&D/Red Tag/Impound instructions under Inspection Services)

Additional Violations:

• Category #17 (Compliance with shellstock tags, condition, display) shall also be marked if the tags or labels from unapproved/unverified molluscan shellfish are missing/incomplete. (Red Tag) [§114029]
• Category #51 (Impoundment/VC&D/Sampling) shall also be marked if food/equipment has been voluntarily condemned and disposed of or impounded/red tagged. (See VC&D/Red Tag/Impound instructions under Inspection Services) [§114393]

Notes:

• MEHKOs are food business that operate from private homes and are approved to prepare and only sell food directly to consumers.
• Only foods prepared in a permitted Class B Cottage Food Operation may be offered for sale or used as an ingredient in a food facility.
• A community food producer may sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to the public, to a permitted food facility, or a cottage food operation if the community food producer meets all applicable requirements.
• Unpasteurized frozen milk products can be dispensed and sold at a retail food facility if properly labeled prepackaged raw milk and raw milk products are obtained from an approved source.
• A permitted retail food facility can engage in incidental wholesale activities within the confines of their retail public health permit if the following conditions are met:
  • The gross annual wholesale sales of processed foods do not exceed 25% of the total food sales.
  • Processed foods are not sold outside of Los Angeles County.
  • No wholesale of processed foods that are subject to labeling requirements pursuant to the Sherman Food, Drug, and Cosmetic Law.
  • The facility does not process or handle fresh seafood, frozen seafood held in bulk for further processing, or fresh or frozen raw shellfish for wholesale.
  • The facility does not salvage processed foods for sale other than at the retail food facility.

Public Health Reason:

Requirements for protecting food from contamination

Food, at all stages of production, is susceptible to contamination. The source of food is important because pathogenic microorganisms may be present in the breeding stock of farm animals, in feeds, in the farm environment, in waters used for raising and freezing aquatic foods, and in soils and fertilizers in which plant crops are grown. Chemical contaminants that may be present in field soils, fertilizers, irrigation water, and fishing waters can be incorporated into food plants and animals.

Food should be purchased from commercial suppliers under regulatory control. Home kitchens, with their varieties of food and open entry to humans and pet animals, are frequently implicated in the microbial contamination of food. Because commercial items seldom are eaten right away, the home kitchen's limited capacity for maintaining food at proper temperatures may result in considerable microbial growth and toxin production by microorganisms introduced through the diverse sources of contamination. Controlled processing is required for the safe preparation of food entering commerce.

Sources of molluscan shellfish are a concern because shellfish are frequently consumed raw or in an undercooked state and thus receive neither heat nor any other process that would destroy or inactivate microbial pathogens. For safety, these foods must be accompanied by certification that documents that they have been harvested from waters that meet the water quality standards contained in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish. Certification also provides confidence that processing, packaging, and shipping have been conducted under sanitary conditions.

Food in a hermetically sealed container

Processing food at the proper high temperature for the appropriate time is essential to kill bacterial spores that, under certain conditions in an airtight container, begin to grow and produce toxin. Of special concern is the lethal toxin of Clostridium botulinum, an organism whose spores (e.g., survival stages for non-growth conditions) are found throughout the environment. Even slight under processing of low acid food, which is canned can be dangerous because spoilage microbes are killed and there are no signs to warn consumers that botulinum spores have germinated into vegetative cells and produced their toxin. If these foods are not processed to be commercially sterile, they must be received frozen or under proper refrigeration. Foods that are in a hermetically sealed container from a food processing plant that is regulated by a food regulatory agency are monitored to prevent or detect the presence of C. botulinum and to ensure that Best Manufacturing Practices (BMP’s) are observed throughout the process. Home-canned foods are not monitored or tested for toxins; therefore, it is essential that all foods hermetically sealed be received from an approved source. FDA considers foods in airtight sealed containers (such as canned goods) that are swollen or leaking, to be contaminated. Depending on the circumstances, rusted and pitted or dented cans may also present a serious potential hazard.

Egg and milk products, pasteurized

Liquid egg, fluid milk, and milk products are especially good growth media for many types of bacteria (such as Shiga toxin-producing Escherichia coli, Salmonella spp., and Listeria monocytogenes) and must be pasteurized. Pasteurization is a heat process that will kill or inactivate bacteria and other harmful microorganisms likely to be in these potentially hazardous foods (time/temperature control for safety foods). Freezing and drying of unpasteurized products will stop microbial growth and may reduce their bacterial populations; however, some organisms will survive because neither process invariably kills bacteria. Under certain conditions, freezing and drying may preserve microbes. An alternative to pasteurization may be applicable to certain cheese varieties cured or aged for a specified amount of time prior to marketing for consumption.

Ice

Freezing does not invariably kill microorganisms; on the contrary, it may preserve them. Therefore, ice that comes into contact with food to cool it or that is used directly for consumption must be as safe as drinking water that is periodically tested and approved for consumption.

Inspection upon receipt

Damaged or incorrectly applied packaging may allow the entry of bacteria or other contaminants into the contained food. If the integrity of the packaging has been compromised, contaminants such as Clostridium botulinum may find their way into the food. In anaerobic conditions (lack of oxygen), botulism toxin may be formed.

Packaging defects may not be readily apparent. This is particularly the case with low acid canned foods. Close inspection of cans for imperfections or damage may reveal punctures or seam defects. In many cases, suspect packaging may have to be inspected by trained persons using magnifying equipment. Irreversible and even reversible swelling of cans (hard swells and flippers) may indicate can damage or imperfections (lack of an airtight, i.e., hermetic seal). Swollen cans may also indicate that not enough heat was applied during processing (under processing). Suspect cans must be returned and not offered for sale.

Shell eggs

Damaged shells permit the entry of surface bacteria to the inside of eggs. Eggs are an especially good growth medium for many types of bacteria. Damaged eggs must not be used as food and should be discarded upon receipt.

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17. Compliance with shellstock tags, condition, display

Authority: California Retail Food Code, §§ 114039 - 114039.5

This violation category is used to indicate the compliance status with shellstock/molluscan shellfish received in good condition, properly displayed/stored, and tagged/labeled.

IN - "IN" shall be marked when the food facility is in compliance with all shellstock and molluscan shellfish tag/label, storage, and display requirements.

N/A shall be marked if shellstock is not offered/sold at the food facility.

N/O shall be marked if shellstock is not offered or sold at the food facility at the time of inspection.

OUT - This violation shall be marked either MAJOR or; MINOR.

Examples of MAJOR violations include:

• Raw shucked molluscan shellfish are not properly labeled. [§114039]
• Shellstock is not obtained/received with proper tags or labels. [§114039.1]
• Repackaging shellstock without shellstock tag or approved labeling. [§114039.3, §114039.4]
• Molluscan shellstock from different harvest dates/locations/batches are commingled in the same container. (VC&D) [§114039.4]
• Shellstock tags/labels are not held for 90 calendar days from the date the last one is sold. [§114039.4]
• Molluscan shellfish life support system display tanks are operated in a manner that allows water used for other fish to flow into the tank, or the safety of the shellfish as they are received is compromised by use of the tank. [§114039.5]

Examples of MINOR violations include:

• Shellstock received is not discarded when they are not reasonably free of mud, dead shellfish, or broken shells. [§114039.2]
• Shellstock has been removed from the original container and not properly displayed on drained ice or held in a display container with the source properly identified. [§114039.3, §114039.4]
• Shellstock tags/labels are not maintained in chronological order. [§114039.4]
• The shellstock tag was removed from the container in which the shellstock was received/stored prior to the container being empty, however the tags were still maintained on-site. [§114039.4]

Additional Violations:

• Category #14 (Food in good condition, safe and unadulterated) shall also be marked if shellstock is adulterated due to the manner the molluscan shellfish support system is operated (e.g., unsanitary tank water, tank water mixing with water from other wet storage systems, etc.) [§113980, §114039.5]
• Category #16 (Food obtained from approved source) shall also be marked when Molluscan shellfish are not received from a source listed in the Interstate Certified Shellfish Shippers List or CDPH California Only Shellfish Shippers List. [§113980, §114029, 114294]
• Category #19 (Compliance with variance, specialized processes & HACCP) shall also be marked if the facility has molluscan shellfish life support system display tanks, however there is no HACCP plan, or the HACCP plan is not being followed. [§114039.5, §114419]
• Category #49 (Plan Review) shall also be marked if a facility has installed molluscan shellfish life support system display tanks without Plan Check program approval. [§114380]
• Category #51 (Impoundment/VC&D/Sampling) shall also be marked if food/equipment has been voluntarily condemned and disposed of or impounded/red tagged. (See VC&D/Red Tag/Impound instructions under Inspection Services) [§114393]

Public Health Reason:

Shucked shellfish, packaging and identification

Plastic containers commonly used throughout the shellfish industry for shucked product bear specific information regarding the source of the shellfish as required by the NSSP Guide for the Control of Molluscan Shellfish. These containers must be nonreturnable so that there is not a potential for their subsequent reuse by shellfish packers. Such reuse could result in shucked product being inaccurately identified by the label. The reuse of these containers within the food facility must be assessed on the basis of the CRFC's criteria for multi-use containers and the likelihood that they will be properly relabeled to reflect their new contents.

Shellstock identification

Accurate source identification of the harvesting area, harvester, and dealers must be contained on molluscan shellstock identification tags so that if a shellfish-borne disease outbreak occurs, the information is available to expedite the epidemiological investigation and regulatory action.

Shellstock, condition

Dirty, damaged, or dead shellstock can contaminate and degrade live and healthy shellstock and lead to foodborne illness. Harvesters have the primary responsibility for culling shellstock, but this responsibility continues throughout the distribution chain ultimately ending with the facility operator/purchaser.

Molluscan shellfish, original container

Lot separation is critical to isolating shellfish implicated in illness outbreaks and tracking them to their source. Proper identification is needed for tracing the origin and determining conditions of shellfish processing and shipment. If the lots are commingled at retail, traceability is undermined, and the root of the problem may remain undetected. If no causative factors are identified in the food facility, tracing the incriminated lot helps in identifying products that need to be recalled or growing waters that may need to be closed to harvesting.

Shellstock, maintaining identification

Accurate records that are maintained in a manner that allows them to be readily matched to each lot of shellstock provide the principal mechanism for tracing shellstock to its original source. If an outbreak occurs, regulatory authorities must move quickly to close affected growing areas or take other appropriate actions to prevent further illnesses. Records must be organized by date sold and kept for not less than 90 days from date of harvest to allow time for hepatitis A virus infections, which have an incubation period that is significantly longer than other shellfish-borne diseases, to be identified and reported.

Molluscan shellfish tanks

Shellfish are filter feeders allowing concentration of pathogenic microorganisms that may be present in the water. Due to the number of shellfish and the limited volume of water used, display tanks may allow concentration of pathogenic viruses and bacteria.

Since many people eat shellfish either raw or lightly cooked, the potential for increased levels of pathogenic microorganisms in shellfish held in display tanks is of concern. Opportunities for contamination must be controlled or eliminated. Procedures must emphasize strict monitoring of the water quality of the tank including the filtering and disinfection system.

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18. Compliance with Gulf Oyster Regulations

Authority: California Retail Food Code, §§ 114029, 114090; Title 17 CA Code of Regulations § 13675, 13676

This violation category is used to indicate the compliance status with Gulf Oyster regulations at food facilities that sell raw Gulf Oysters.

IN - "IN" shall be marked if a food facility meets all Gulf Oyster regulation requirements.

N/A shall be marked if Gulf Oysters are not sold or served in the food facility.

N/O shall be marked if Gulf Oysters are not being sold at the time of inspection.

OUT - This violation shall be marked MAJOR; examples include:

• Raw oysters from the Gulf of Mexico are harvested during the period between April 1st - October 31st and are missing the shellstock identification tags and treatment verification letter or are otherwise untreated. Food items shall be voluntarily condemned and disposed of, or red tagged. (See VC&D/Red Tag/Impound instructions under the Inspection Services section) [CRFC §114029, Title 17 CCR §13675]
• Raw Gulf Oyster warning signs are not posted for untreated Gulf oysters harvested between November 1st - March 31st. [CRFC §114090, Title 17 CCR §13675]
• Required warning signs do not conform to required size and language specifications. [CRFC §114090, Title 17 CCR §13675]
• A copy of the oyster treatment verification letter cannot be provided at the time of inspection. (Red Tag) [§114090, Title 17 CCR §13676]

CORRECTIVE ACTION:

• If signs are missing during November 1 - March 31, immediate corrective action should be taken to provide the approved signage.
• Immediately remove untreated Gulf Oysters harvested between the months of April 1 - October 31, unless evidence is provided that the oysters have been treated by a method approved by the California Department of Public Health, Food and Drug Branch. If the oysters are not voluntarily removed by the operator, then the EHS shall impound the oysters and await disposition of the product.

Additional Violations:

• Category #14 (Food in good condition, safe and unadulterated - Major) shall also be marked if raw oysters from the Gulf of Mexico harvested April 1st - October 31st are missing the treatment verification letter or are otherwise untreated. Food items shall be voluntarily condemned and disposed of, or red tagged. (See VC&D/Red Tag/Impound instructions under the Inspection Services section) [CRFC §114029, Title 17 CCR §13676]
• Category #16 (Food obtained from approved source) shall also be marked if it cannot be verified that raw Gulf oysters being sold at the facility come from an approved source on the Interstate Certified Shellfish Shippers, CDPH California Only Shellfish Shippers List, or Gulf Oysters are confirmed to be from an unapproved source. [§114029]
• Category #17 (Compliance with shellstock tags, condition, display) shall also be marked if Gulf Oyster tags or labels are missing/incomplete. (Red Tag) [§114029]
• Category #51 (Impoundment/VC&D/Sampling) shall also be marked if food/equipment has been voluntarily condemned and disposed of or impounded/red tagged. (See VC&D/Red Tag/Impound instructions under Inspection Services) [§114393]

Notes:

• Every retail food facility that offers raw Gulf oysters shall provide a written warning to any person who orders raw oysters, and the written warning shall be worded in English and Spanish and prominently placed so that it is likely to be read by consumers prior to ordering raw oysters.
• Where raw oysters are ordered directly from a server at a dining table, or where a warning sign posted is not clearly legible from any location where the consumer orders raw oysters, the warnings shall be printed on all menus in which raw oysters are listed, or on tent cards located on each dining table.
• Warnings signs are not required for raw shell stock, half-shell or shucked Gulf oysters whenever the retailer has received a copy of a current verification letter from the dealer AND tags or labels demonstrating that the oysters have been subjected to an oyster treatment process to reduce Vibrio Vulnificus to non-detectable levels.
• Oyster treatment verification letters are valid for two (2) years, and a facility must retain a copy of the letter for at least one (1) year after the expiration date.

Public Health Reason:

Molluscan Shellfish

Pathogens found in waters from which molluscan shellfish are harvested can cause disease in consumers. Molluscan shellfish include oysters, clams, mussels, and scallops (except where the final product is the shucked adductor muscle only). The pathogens of concern include both bacteria and viruses.

Pathogens from the harvest area are of particular concern in molluscan shellfish because of the following:

• Environments in which molluscan shellfish grow are commonly subject to contamination from sewage, which may contain pathogens, and to naturally occurring bacteria, which may also be pathogens.
• Molluscan shellfish filter and concentrate pathogens that may be present in surrounding waters.
• Molluscan shellfish are often consumed whole, either raw or partially cooked.

To minimize the risk of molluscan shellfish containing pathogens of sewage origin, State and foreign government agencies, called Shellfish Control Authorities, classify waters in which molluscan shellfish are found, based, in part, on an assessment of water quality. As a result of these classifications, molluscan shellfish harvesting is allowed from some waters, not from others, and only at certain times or under certain restrictions from others. Shellfish Control Authorities then exercise control over the molluscan shellfish harvesters to ensure that harvesting takes place only when and where it has been allowed.

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19. Compliance with variance, specialized processes & HACCP

Authority: California Retail Food Code, §§ 114057, 114057.1, 114328, 114417-114417.2, 114417.6, 114419, 114419.2

This violation category is used to indicate the compliance status with HACCP plan requirements for specialized processes and/or variance(s).

IN - "IN" shall be marked if a food facility is required to have and is adhering to an approved HACCP plan(s) and/or variance(s).

N/A shall be marked if the facility is not required by the regulatory authority to have a variance or HACCP plan.

N/O - Do Not Mark.

OUT - This violation category shall be marked MAJOR; examples include:

• The food facility is required to have a HACCP plan approved by the California Department of Public Health (CDPH) and is not following their approved HACCP plan procedures. [§114417.6, §114419]
• The facility is unable to provide a copy of their HACCP plan. [§114417.6]
• The food facility operator has not obtained HACCP plan approval from CDPH for any of the following processes:
  • Packaging potentially hazardous food products using a reduced-oxygen packaging (ROP) method. [§114057, §114057.1]
  • Par cooking chicken, beef, pork, or fish, without a variance plan [§114417 - §114417.2, §114417.6]
  • Preparing bottled juice to be sold at other locations. [§114419]
  • Acidifying food using acidification or water activity as a means to prevent the growth of Clostridium. [§114419]
• The food facility operator is utilizing any of the following practices without a written HACCP plan, or is not following the HACCP plan as written: [§114419]
  • Smoking food as a method of preservation. [§114419]
  • Custom processing animals as food for personal use. [§114419]
  • Preparing food by another method that requires a HACCP plan as determined by the enforcement officer. [§114419]
  • Curing food, using food additives as a method of preservation or as a means to change the food to non-potentially hazardous. [§114419]
  • Operating a molluscan shellfish life support tank for shellfish intended for human consumption. [§114419]
• Food facility utilizing a HACCP plan has an employee who is not trained in the 7 principles of HACCP and the contents of their plan(s), and/or does not have training records available. [§114419.2]
• A food facility has obtained a variance from CDPH to allow for deviation from specific code requirements but is not following the approved variance conditions or procedures. [§114417-§114417.2, §114417.6]
• A food facility does not have standard operating procedures or is not adhering to their standard operating procedures as required. [§114417.6, §114419.1]
• A catering facility does not have an approved catering plan or is not adhering to their catering plan. [§114328]

CORRECTIVE ACTION:

• If it is determined during an inspection that an approved state HACCP plan is required but the plan is not available or not followed, the EHS shall direct the person in charge to discontinue the food handling practice until a HACCP plan is developed and implemented and request the food to be voluntarily condemned and disposed.
• If it is determined during an inspection that the alternate procedures detailed in a variance letter are not being followed, the enforcement officer should direct the facility to correct the violation and impound the affected food products. CDPH should be notified of the violation in writing as soon as possible.

Additional Violations:

• Category #14 (Food in good condition, safe and unadulterated) shall also be marked if food is prepared and/or stored in a manner that deviates from the HACCP plan. [§113980]
• Category #14 (Food in good condition, safe and unadulterated) shall also be marked if prepared food in reduced oxygen packaging has exceeded or is missing the 48-hour timestamp and the facility does not have an approved HACCP plan. [§113980, §114419]
• Category #36 (Equipment/utensils approved; installed; good repair; capacity) shall also be marked if unapproved equipment is being used to reduce oxygen package/vacuum pack food items. [§114130]
• Category #51 (Impoundment/VC&D/Sampling) shall also be marked if food/equipment has been voluntarily condemned and disposed of or impounded/red tagged. (See VC&D/Red Tag/Impound instructions under Inspection Services) [§114393]

Notes:

• Exemptions include whole Chinese-style roast duck, Korean Rice Cakes, and Vietnamese Rice Cakes. (See Appendix D)
• A HACCP plan is not required when a retail food facility bottles and sells juices within the confines of that location, however the prepackaged bottled juice products are still subject to the labeling requirements found in CRFC §114089 and 21 CFR 101.17(g).
• ROP food is not required to have a HACCP plan if the food facility complies with the following standards for packaging the ROP food:
  • The food is labeled with the production time and date.
  • The food is held at 41°F or lower during refrigerated storage.
  • The food is removed from its package in the food facility within 48 hours after packaging.
• HACCP plan for a molluscan shellfish tank must ensure the following:
  1. The identity of the source of the shell stock is retained.
  2. Water used with fish other than molluscan shellfish does not flow into the molluscan tank.
  3. The safety and quality of the shellfish when they were received are not compromised by the use of the tank.
• Except for HACCP plans requiring approval by the CDPH, HACCP plans do not require prior approval by the enforcement agency prior to implementation. However, if it is determined during an inspection that a HACCP plan is required, the written HACCP plan and supporting documentation should be reviewed. The specific food handling procedures detailed in the HACCP plan should then be evaluated to verify that the HACCP plan is being followed as written.
• A food facility using reduced-oxygen packaging without following a HACCP plan approved by CDPH creates a potential risk Clostridium botulinum growth if the food is temperature abused. Similarly, the use of pH and water activity to prevent the growth of Clostridium botulinum in potentially hazardous foods must be strictly controlled utilizing the approved procedures included in the HACCP plan to ensure the food is safe.
• CDPH is authorized to issue variances from specific code requirements as described in Section §113936. If a variance is issued, a copy of the variance letter must be kept at the food facility and provided to the enforcement officer upon request.

Public Health Reason:

Specialized Processing Methods Variance Requirement

Specific food processes that require a variance have historically resulted in more foodborne illness than standard processes. They present a significant health risk if not conducted under strict operational procedures. These types of operations may require the person in charge and food employees to use specialized equipment and demonstrate specific competencies. The variance requirement is designed to ensure that the proposed method of operation is carried out safely.

Reduced Oxygen Packaging Without a Variance, Criteria

Reduced oxygen packaging (ROP) encompasses a large variety of packaging methods where the internal environment of the package contains less than the normal ambient oxygen level (typically 21% at sea level), including vacuum packaging (VP), modified atmosphere packaging (MAP), controlled atmosphere packaging (CAP), cook chill processing (CC), and sous vide (SV). Using ROP methods in food facilities have the advantage of providing extended shelf life to many foods because it inhibits spoilage organisms that are typically aerobic.

Most foodborne pathogens are anaerobes or facultative anaerobes able to multiply under either aerobic or anaerobic conditions, therefore special controls are necessary to control their growth. Refrigerated storage temperatures of 5°C (41°F) may be adequate to prevent growth and/or toxin production of some pathogenic microorganisms but nonproteolytic C. botulinum and L. monocytogenes are able to multiply well below 5°C (41°F). For this reason, C. botulinum and L. monocytogenes become the pathogens of concern for ROP. Controlling their growth will control the growth of other foodborne pathogens as well.

When the food to be packaged under reduced oxygen conditions cannot reliably depend on secondary barriers, time/temperature becomes the critical controlling factor to control for toxin production. ROP foods must be held at 5°C (41°F) or less.

Time is also a factor that must be considered in ROP. The 14 day "use by" date is required labeling information for VP, MAP, and CAP products and cannot exceed the manufacturer's "sell by" or "use by" date. This is considered a safe time period because two growth barriers are required to be present. When ROP products are frozen, there is no longer a 14-day shelf-life restriction.

When a food facility intends to use ROP technology but does not use one of the secondary barriers, the operator must submit an application for a variance and provided evidence that the ROP methodology intended for use is safe.

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20. Consumer advisory provided for raw/undercook food

Authority: California Retail Food Code, §§ 114012, 114093

This violation category is used to indicate the compliance status with consumer advisory requirements when a food facility serves raw or undercooked food.

Consumer advisories include the following:

1. Disclosure - a written statement that clearly includes either of the following:
   1. A description of the animal-derived foods, such as "oysters on the half shell (raw oysters)," "raw-egg Caesar salad," and "hamburgers (can be cooked to order)."
   2. Identification of the animal-derived food marked with an asterisk denoting a footnote which states that the items are served raw or undercooked or contain or may contain raw or undercooked ingredients.
2. Reminder - a written statement that includes either of the following disclosure statements:
   1. "Written information regarding the safety of these food items is available upon request."
   2. "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions."

IN - "IN" shall be marked if the facility provides the required consumer advisory disclosure and reminder statements, when applicable.

N/A shall be marked if the food facility does not serve raw or undercooked animal foods.

N/O - Do Not Mark.

OUT - This violation category shall be marked MAJOR; examples include:

• If the food facility serves raw or undercooked food and fails to provide an advisory (in writing) on the menu, menu board, brochure, deli case menu, a label statement, table tent, placard, or other effective written means that a food item is being served less than thoroughly cooked (e.g., hamburgers are routinely and/or intentionally served medium rare without notifying the consumer). [§114093]
• Pasteurized eggs or pasteurized egg products are not substituted for raw shell eggs in food such as Caesar salad dressing or hollandaise sauce and no consumer warning is provided. [§114012]

Notes:

• The facility shall inform consumers of the increased risk of consuming those foods with a disclosure and reminder on the menu, menu board, a brochure, on the deli case menu, a label statement, table tent, placards, or other effective means.
• A consumer advisory is required if a food facility serves raw, unpasteurized milk to consumers.

Public Health Reason:

Consumption of Raw or Undercooked Animal Foods

At issue is the role of government agencies, the regulated industry, and others in providing notice to consumers that animal-derived foods that are not subjected to adequate heat treatment poses a risk because they may contain biological agents that cause foodborne disease. The information is to alert consumers of the increased possibility of foodborne illness when animal-derived foods are eaten raw or undercooked.

Pasteurized eggs, substitute for raw shell eggs for certain recipes

Raw or undercooked eggs that are used in certain dressings or sauces, such as Bearnaise, Hollandaise, Caesar, are particularly hazardous because the virulent organism Salmonella enteritidis may be present in raw shell eggs. Pasteurized eggs provide an egg product that is free of pathogens and is a ready-to-eat food. The pasteurized product should be substituted in a recipe that requires raw or undercooked eggs.

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21. Licensed health care facilities, public & private schools: prohibited foods not offered

Authority: California Retail Food Code, §§ 114091

This violation category is used to indicate the compliance status that a licensed health care facility or public/private school cafeteria does not serve prohibited foods to a highly susceptible population.

IN - "IN" shall be marked if a licensed health care facility or public/private school cafeteria does not serve prohibited foods to a highly susceptible population.

N/A shall be marked if a highly susceptible population is not served.

N/O - Do Not Mark.

OUT - This violation category shall be marked MAJOR; examples include:

• A public or private school, or a licensed health care facility serves any of the following prohibited food items: [§114091]
  • Raw seed sprouts [§114091]
  • Unpasteurized juice, fluid milk, or dry milk [§114091]
  • Food in an opened original package is re-served. [§114091]
  • Foods containing raw, unpasteurized shell eggs (e.g., Caesar salad dressing, bearnaise sauce, ice cream, eggnog, mayonnaise, or egg fortified beverages) [§114091]
  • Ready-to-eat foods that contain raw food of an animal origin or partially cooked foods are served (e.g., sushi, seared ahi tuna, hamburgers medium rare, etc.) [§114091]

CORRECTIVE ACTION:

• If prohibited food is served in a public/private school or at a licensed health care facility, the facility shall discontinue offering or serving those items. The EHS should ensure that food facility management and food employees are aware of the risks associated with serving or selling prohibited foods to highly susceptible populations.

Notes:

• The EHS shall talk to the PIC and employees to identify the types of food served in order to determine compliance.
• Unpasteurized shell eggs can be served at a licensed health care facility or public/private school cafeteria if one or more of the following is observed:
  • The facility is operating pursuant to a HACCP Plan.
  • Eggs are used for one consumer's serving at a single meal and cooked as required by code.
  • Eggs are combined as an ingredient before baking and thoroughly cooked to a ready-to-eat form.

Public Health Reason:

Highly susceptible population - pasteurized foods prohibited re-service and prohibited foods

As a safeguard for highly susceptible populations from the risk of contracting foodborne illness from juice, prepackaged juice is required to be obtained pasteurized or in a commercially sterile, shelf-stable form in a hermetically sealed container. It is important to note that the definition of juice includes puréed fruits and vegetables, which is commonly prepared for service to highly susceptible populations. There are documented cases of foodborne illness throughout the United States that were associated with the consumption of various juice products contaminated with microorganisms such as Cryptosporidium, E. coli O157:H7, Salmonella spp., and Vibrio cholera.

Salmonella often survives traditional preparation techniques. It survives in a lightly cooked omelet, French toast, stuffed pasta, and meringue pies. In 1986 there was a large multistate outbreak of Salmonella enterritidis traced to stuffed pasta made with raw eggs and labeled fully cooked. Eggs remain a major source of these infections, causing large outbreaks when they are combined and undercooked, as was the case in the 1986 outbreak linked to stuffed pasta. Therefore, special added precautions need to be in place with those most susceptible to foodborne illness.

Since 1995, raw seed sprouts have emerged as a recognized source of foodborne illness in the United States. The FDA and CDC have issued health advisories to remind those persons who are at a greater risk for foodborne disease to avoid eating raw alfalfa sprouts until such time as intervention methods are in place to improve the safety of these products.

Raw eggs prohibited in certain food facilities

Recipes in which more than one egg is combined carry an increased risk of illness and possible serious consequences for certain people. It is due to this increased risk, and documented occurrences of foodborne illness and death among highly susceptible populations from temperature-abused raw shell eggs contaminated with Salmonella enterritidis, that the use of time as a public health control in institutional settings, licensed health care facilities, or public and private school cafeterias is not allowed.

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22. Hot and cold water available

Authority: California Retail Food Code, §§ 113941, 113953, 114099.2, 114163(a), 114189, 114192, 114192.1, 114195

This violation category is used to indicate the compliance status with the availability of potable water and water temperature requirements.

Hot and warm water temperature requirements are as follows:

Sink Type	Minimum Temperature
Handwashing sink	100°F
Non-adjustable hand washing sink	100°F - 108°F
Warewashing/Food preparation/Janitorial Sink	120°F or above

IN - "IN" shall be marked if the facility meets all potable water and water temperature requirements.

N/A - Do Not Mark.

N/O - Do Not Mark.

OUT - This violation shall be marked either MAJOR or MINOR.

Examples of MAJOR violations include:

Potable Water Available (11-point deduction)

• No adequate, protected, pressurized, potable supply of water available to the facility. (PERMIT SUSPENSION) [§114192, §114192.1, §114195]
• Water supply is contaminated (e.g., main water supply line has been contaminated by chemicals). (PERMIT SUSPENSION) [§114192]
• The water supply is from a water system that is not approved by the Health Officer or the enforcement agency. (PERMIT SUSPENSION) [§114189, §114192]

Water Temperature (4-point deduction)

• Water temperature measures less than 100°F at the faucet of the warewashing sink which cannot be restored to a minimum temperature of 100°F by the end of the inspection, however the detergent is effective at low temperatures. [§114099.2, §114192]
• Water temperature measures less than 100°F at the faucet of the warewashing sink which cannot be restored to a minimum temperature of 100°F by the end of the inspection and the detergent is ineffective at low temperatures. [§114099.2, §114192] Category #15 - Food contact surface; clean and sanitize - Major, shall also be marked and the PERMIT SUSPENSION and the facility closed due to the inability to properly clean and sanitized food contact surfaces.
• Water temperature measures less than 100°F throughout the food facility. [§114192]

Examples of MINOR violations (2-point deduction) include:

• Water throughout the restaurant measures between 100°F - 119°F. The facility is given 24 hours to abate. [§114192]
• Lack of warm (100°F) and/or cold water at any or all hand washing sink(s). [§113941, §113953(c)]
• Water temperature measures greater than 108°F at a nonadjustable handwash sink. [§113953(c)]
• No water is available at the warewashing sink only, however an additional warewashing sink or mechanical warewashing machine with potable water is available and properly working. [§114099.2, §114192]
• Lack of cold water at one or more sinks at the facility. [§114192]
• Hot water at the warewashing sink measures between 100°F - 119°F. [§114192]
• Lack of hot (120°F) and/or cold water at a janitorial sink. [§114192, §114279]
• Lack of hot (120°F) and/or cold water at a food preparation sink. [§114163(a), §114192]
• Water temperature measures less than 100°F throughout the prepackaged food facility. The facility is given 24 hours to abate. [§114099.2, §114192]

CORRECTIVE ACTION:

• A food facility that prepares food shall not operate if there is no potable water or the water supply is contaminated. The food facility shall cease operation immediately and remain closed until potable water is restored. If found operating, the EHS will suspend the permit to operate until a potable supply of water is available. The EHS will ensure that any food items prepared using non-potable or contaminated water are voluntarily condemned and disposed of, and all ice machines and beverage dispensers shall be cleaned and sanitized prior to reuse once potable water becomes available. A permit suspension resulting from the lack of potable water will result in 11-point deduction.
• A food facility that prepares food shall not operate if the water temperature at the warewashing sink faucet is below 100°F and the detergent is ineffective at this temperature. If the water temperature cannot be restored immediately (e.g., relighting a hot water heater pilot light, increasing the water temperature at the hot water heater, etc.) by the end of the inspection, the EHS will suspend the permit to operate until either hot water or an effective detergent is available. The facility shall cease operations immediately and remain closed until hot water is restored. When hot water is restored, the food facility's permit will be reinstated by the EHS prior to resuming operation.
• If the facility only sells prepackaged food and the water temperature has not been restored to a minimum temperature of 100°F by the end of inspection, the operation may be allowed to continue, however the facility will be given 24 hours to abate this violation (e.g., repair/replace water heater).
• A food facility that cannot provide the required water temperature at the warewashing sink OR at the minimum temperature specified by the manufacturer of the chemicals used for proper cleaning and sanitizing, must cease food preparation and food service requiring multi-use utensils until the required water temperature can be restored.

Additional Violations:

• Category #14 (Food in good condition, safe and unadulterated - Major) shall also be marked if food has been prepared using non-potable or contaminated water. [§113980]
• Category #15 (Food contact surface; clean and sanitize - Major) shall also be marked and the permit suspended if the hot water temperature measures less than 100°F at the warewashing sink and is not restored by the end of the inspection, and the detergent is ineffective at the measured water temperature. [§114099.2]
• Category #52 (Permit Suspended, Revoked, Modified, or Closed for No Permit) shall also be marked if the facility is closed, and the permit is suspended. [§114405]

Notes:

• Hot water is not required at food facilities which are approved for less than 300 square feet of prepackaged non-PHF display or sell.
• Category #15 (Food contact surface; clean and sanitized - Major) shall be marked if the facility does not have potable water at only the warewashing sink, and there is no other warewashing sink or mechanical ware washing sink available.
• If there is no potable water or the water supply is contaminated, a food facility may only sell prepackaged food items if potable water is available for handwashing in the toilet rooms.
• A retail food market less than 6,000 square feet in size may have multiple departments operating within the facility under one public health permit (e.g., delicatessen, meat market, or bakery). If one of the departments is found to be lacking potable water, that department must discontinue operation until water is restored.
• A retail food market less than 6,000 square feet in size may have multiple departments operating within the facility under one public health permit (e.g., delicatessen, meat market, or bakery). If one of the departments is found to be lacking hot water (less than 100°F) and the detergent is ineffective under 100°F, that department must discontinue operation until water is restored.
• A food facility may provide only warm water if the water supply is used solely for handwashing as required by section CRFC, §113953.
• A food facility shall obtain prior approval from the Department's Plan Check Program and the local Building and Safety agency when replacing the water heater.
• Food facilities that obtain their potable water from an approved water well must have the water quality tested in compliance with California Safe Drinking Water Act standards for a Transient Non-Community Water System as follows:
  • Bacteriological testing (total and fecal coliform bacteria) - Quarterly
  • Nitrate (as NO3) - Once per year
  • Nitrite (as N) - Once every three years

Public Health Reason:

Capacity

Availability of sufficient water is a basic requirement for proper sanitation within a food facility. An insufficient supply of safe water will prevent the proper cleaning of items such as equipment and utensils and of food employees' hands.

Hot water required for washing items such as equipment and utensils and employees' hands, must be available in sufficient quantities to meet demand during peak water usage periods. Booster heaters for warewashers that use hot water for sanitizing are designed to raise the temperature of hot water to a level that ensures sanitization. If the volume of water reaching the booster heater is not sufficient or hot enough, the required temperature for sanitization cannot be reached. Manual washing of food equipment and utensils is most effective when hot water is used. Unless utensils are clean to sight and touch, they cannot be effectively sanitized.

Manual/Mechanical Warewashing Equipment, Wash Solution and Hot Water Sanitization Temperatures

The wash solution temperature during manual or mechanical warewashing is essential for removing organic matter. If the temperature does not meet minimum requirements, animal fats that may be present on the dirty dishes would not be dissolved. If the temperature during hot water sanitizing during manual or mechanical warewashing does not meet minimum requirements, pathogenic organisms may survive and be subsequently transferred from utensils to food.

Handwashing

An adequate flow of warm water will cause soap to lather and aid in flushing soil quickly from the hands. A mixing valve or combination faucet is needed to provide properly tempered water for handwashing. Steam mixing valves are not allowed for this use because they are hard to control and injury by scalding is a possible hazard.

Approved water supply system

Water, unless it comes from a safe supply, may serve as a source of contamination for food, equipment, utensils, and hands. The major concern is that water may become a vehicle for transmission of disease organisms. Water can also become contaminated with natural or man-made chemicals. Therefore, for the protection of consumers and employees, water must be obtained from a source regulated by law and must be used, transported, and dispensed in a sanitary manner.

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23. Sewage and wastewater properly disposed

Authority: California Retail Food Code, §§ 114197, 114250, 114276

This violation category is used to indicate the compliance status with proper sewage/wastewater/liquid waste disposal.

IN - "IN" shall be marked if the facility is properly disposing sewage/wastewater/liquid through an approved plumbing system.

N/A - Do Not Mark.

N/O - Do Not Mark.

OUT - This violation category shall be marked MAJOR; examples include:

• Active overflow or backup of sewage/wastewater at floor sinks/drains. (PERMIT SUSPENSION) [§114197]
• Open sewer line discharging to the outside of the facility. (PERMIT SUSPENSION) [§114197]
• Overflowing or clogged grease trap/interceptor. (PERMIT SUSPENSION) [§114197]
• Lack of operable toilet facilities. (PERMIT SUSPENSION) [§114197, §114276]

CORRECTIVE ACTION:

• A food facility that prepares food shall not operate if there is no potable water or the water supply is contaminated. The food facility shall cease operation immediately and remain closed until potable water is restored. If found operating, the EHS will suspend the permit to operate until a potable supply of water is available. The EHS will ensure that any food items prepared using non-potable or contaminated water are voluntarily condemned and disposed of, and all ice machines and beverage dispensers shall be cleaned and sanitized prior to reuse once potable water becomes available. A permit suspension resulting from the lack of potable water will result in suspend the permit. The facility shall remain closed until the sewage disposal system is operational and all contaminated surfaces have been cleaned and sanitized.
• If sewage overflow is cleaned and sanitized and the cause of the sewage violation is corrected while the EH is still on-site conducting the routine inspection, a permit suspension still occurs, however a reinspection report is generated immediately after the routine inspection report in order to reinstate the public health permit.

Additional Violations:

• Category #34 (Non-food contact surfaces clean) shall also be marked if non-food contact surfaces are contaminated by sewage. [§114115]
• Category #45 (Floors, walls, and ceiling: properly built, maintained and clean) shall also be marked if floors/walls/ceilings are contaminated by sewage. [§114257, §114268, §114271]

Notes:

• Category #41 (Plumbing: fixtures, backflow devices, drainage) shall be marked if a drain line from a walk-in refrigerator drains onto the ground outside of the food facility. [§114197]
• If the sewage is flowing off the property on to the public street, EHS shall immediately make a referral to the City/LA County Public Works (in unincorporated areas) and the Department's Recreational Waters Program (to determine if sewage is reaching the ocean and a beach closure is required).
• If a septic tank and/or grease interceptor is used and is the source of the problem, it shall be pumped as often as necessary until the sewage system can be restored to a fully functional condition.

Public Health Reason:

Approved liquid waste disposal system

Many diseases can be transmitted from one person to another through fecal contamination of food and water. This transmission can be indirect. Proper disposal of human wastes greatly reduces the risk of fecal contamination. This Code provision is intended to ensure that wastes will not contaminate ground surfaces or water supplies; pollute surface waters; be accessible to children or pets; or allow rodents or insects to serve as vectors of disease from this source. Liquid waste from utensil washing and food preparation activities also carries a risk of contaminating food products and creating reservoirs for insect vectors and must be disposed of in an approved sanitary sewer system or individual septic disposal system.

Floor drains

The drainage system must be designed and installed properly to prevent the backup of sewage and the possible contamination of foods or food contact surfaces in the establishment.

Improper plumbing installation or maintenance may result in potential health hazards such as cross connections, back siphonage or backflow. These conditions may result in the contamination of food, utensils, equipment, or other food contact surfaces. It may also adversely affect the operation of equipment such as warewashing machines.

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24. No insects, rodents, birds, or animals present

Authority: California Retail Food Code, §§ 114259.1, 114259.4, 114259.5

This violation category is used to indicate the facility's compliance status with the exclusion of vermin and non-service animals.

IN - "IN" shall be marked if the facility is vermin free and non-service animals are excluded from prohibited areas.

N/A - Do Not Mark.

N/O - Do Not Mark.

OUT - This violation shall be marked either MAJOR or MINOR.

Examples of MAJOR violations include:

• A rodent infestation as evidenced by fresh droppings, gnaw marks, nesting materials, grease marks, and/or live and/or dead rodents in any of the following: food preparation, food storage, warewashing areas, indoor customer dining area, or in the restroom. [§114259.1] (PERMIT SUSPENSION)
• A cockroach infestation as evidenced by one or more live cockroaches in the food preparation area, food storage area, warewashing area, indoor customer dining area, or restrooms and signs of infestation such as dead cockroaches, fecal spotting, vomitus, egg cases, cockroaches in multiple life stages, or presence that has resulted or would likely result in contamination to the food, equipment, packaging, or utensils. [§114259.1] (PERMIT SUSPENSION)
• A fly infestation, as evidenced by numerous live flies, fly eggs, fly larvae, and/or pupae in food preparation areas, that has resulted or would likely result in the contamination of food, equipment, packaging, and/or utensils. [§114259.1] (PERMIT SUSPENSION)

Examples of MINOR violations include:

• One dead mouse on a glue board/snap trap and no other evidence of an infestation. [§114259.1]
• Rodent droppings with no evidence of an active infestation. [§114259.1]
• One live cockroach with no other evidence of an infestation. [§114259.1]
• Dead cockroaches and/or fecal spots observed and no other evidence of an active infestation. [§114259.1]
• A few flies observed in the delivery staging/food preparation area, or prepackaged food facility. [§114259.1]
• Gnats/fruit flies in the food facility. [§114259.1]
• Ants found in the kitchen. [§114259.1]
• Bird observed inside the food facility. [§114259.1]
• Food employees are caring for or handling animals that may be present (such as patrol dogs, service animals, or pets) in areas that are used for food preparation, storage, or display). [§114259.4(a)]
• A multi-use container/utensil is used to provide food and water to a pet dog. [§114259.5]
• A customer brings a dog inside the food facility and the PIC/employee does not question the customer to determine if the dog is trained to provide a service, and/or does not request the non-service animal to be removed. [§114259.5]
• Animals held at the facility intended for consumption are not held separate from food and utensil handling areas and/or not held in sanitary conditions. [§114259.5]

CORRECTIVE ACTION:

• A food facility shall not operate when a vermin infestation has resulted in contamination of food contact surfaces, food packaging, utensils, food equipment and/or adulteration of food. If a vermin infestation is observed at a food facility, the spermit shall be suspended. and the food facility is closed for a minimum of 48 hours, and a compliance review notice issued. The permit shall be reinstated, and the food facility will be allowed to resume operation only when verification of complete abatement of the vermin infestation and the appropriate cleaning and sanitizing of all affected areas have been completed. Professional pest control should be utilized to prevent future reoccurrence of a vermin infestation.

Additional Violations:

• Category #14 (Food in good condition, safe and unadulterated - Major) shall also be marked if food is adulterated by insects, rodents, cockroaches, or vermin/insect fecal waste. [§113980]
• Category #15 (Food contact surfaces: clean and sanitized) shall also be marked if food contact surfaces are contaminated by insects, rodents, cockroaches, or vermin/insect fecal waste. [§14113, §114117]
• Category #34 (Non-food contact surfaces clean) shall also be marked if non-food contact surfaces are contaminated by insects, rodents, cockroaches, or vermin/insect fecal waste. [§114115]
• Category #44 (Premises; personal/cleaning items; vermin proofing) shall also be marked if the facility requires vermin proofing (e.g., gaps greater than ¼" at facility doors and windows). [§114259]
• Category #45 (Floors, walls, and ceiling: properly built, maintained and clean) shall also be marked if evidence of vermin infestation is observed on the floors, walls, and/or ceilings. [§114257, §114268, §114271]

Notes:

• Food employees may handle or care for fish in an aquarium, or molluscan shellfish or crustacean in display tanks if they wash their hands as required. [§114259.4(b)]
• Animals intended for consumption may be held in the facility if the live animals are held in sanitary conditions and kept separate from all food and utensil handling areas. [§114259.5(b)]

Public Health Reason:

Exclusion of vermin/Clean premises free of vermin

Insects and rodents are vectors of disease-causing microorganisms that may be transmitted to humans by contamination of food and food contact surfaces. Sealing outer openings to the food facility and cleaning the facility to prevent any possible vermin attractions minimize the presence of insects and rodents.

Animal handling prohibition

Dogs and other animals, like humans, may harbor pathogens that are transmissible through food. Food employees handling or caring for animals that may be legally present is prohibited because of the risk of contamination of food employee hands and clothing.

Prohibiting animals

Animals carry disease-causing organisms and can transmit pathogens to humans through direct and/or indirect contamination of food and food contact surfaces. The restrictions apply to live animals with limited access allowed only in specific situations and under controlled conditions and to the storage of live and dead fish bait. Employees with molluscan animals are required to wash their hands after each contact with animals to remove bacteria and soil.

Animals shed hair continuously and may deposit liquid or fecal waste, creating the need for vigilance and more frequent and rigorous cleaning efforts.

The term "Service animal" specifically refers to any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.

"Service animal" does not include any other species of animals, whether wild or domestic, trained or untrained. The work or tasks performed by a service animal shall include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, or helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this subdivision.

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