§ 114390. — 114390. (Amended by Stats. 2018, Ch. 470, Sec. 7.)

California § 114390.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 104.: DIVISION 104. ENVIRONMENTAL HEALTH
• Part 7.: PART 7. CALIFORNIA RETAIL FOOD CODE
• Ch. 13.: CHAPTER 13. Compliance and Enforcement
• Art. 2.: ARTICLE 2. Enforcement

Text

(a)
Enforcement officers shall enforce this part and all regulations adopted pursuant to this part.
(b)
(1)
For purposes of enforcement, any authorized enforcement officer may, during the facility’s hours of operation and other reasonable times, enter, inspect, issue citations to, and secure any sample, photographs, or other evidence from a food facility, cottage food operation, or any facility suspected of being a food facility or cottage food operation, or a vehicle transporting food to or from a retail food facility, when the vehicle is stationary at an agricultural inspection station, a border crossing, or at any food facility under the jurisdiction of the
enforcement agency, or upon the request of an incident commander.
(2)
If a food facility is operating under an HACCP plan, the enforcement officer may, for the purpose of determining compliance with the plan, secure as evidence any documents, or copies of documents, relating to the facility’s adherence to the HACCP plan. Inspection may, for the purpose of determining compliance with this part, include any record, file, paper, process, HACCP plan, invoice, or receipt bearing on whether food, equipment, or utensils are in violation of this part.
(3)
The enforcement officer may, for the purpose of determining compliance with the gross annual sales requirements for operating a microenterprise home kitchen operation or a cottage food operation, require those operations to provide
copies of documents related to determining gross annual sales.
(c)
Notwithstanding subdivision (a), an employee may refuse entry to an enforcement officer who is unable to present official identification showing the enforcement officer’s picture and enforcement agency name. In the absence of the identification card, a business card showing the enforcement agency’s name plus a picture identification card such as a driver’s license shall meet this requirement.
(d)
It is a violation of this part for any person to refuse to permit entry or inspection, the taking of samples or other evidence, access to copy any record as authorized by this part, to conceal any samples or evidence, withhold evidence concerning them, or interfere with the performance of the duties of an enforcement officer,
including making verbal or physical threats or sexual or discriminatory harassment.
(e)
A written report of the inspection shall be made, and a copy shall be supplied or mailed to the owner, manager, or operator of the food facility.

Legislative History

Amended by Stats. 2018, Ch. 470, Sec. 7. (AB 626) Effective January 1, 2019.