Chapter 11.7 - Compact Mobile Food Operation

California Health and Safety Code — §§ 114368-114368.8

Sections (8)

Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.

A compact mobile food operation, as defined in subdivision (c) of Section 113831, shall meet the applicable requirements of Chapter 10 (commencing with Section 114294), except as provided in this chapter.

Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.

(a)Any compact mobile food operation with 25 square feet or less of display area from which only prepackaged nonpotentially hazardous food and whole uncooked produce is sold is exempt from the requirements of this part, except that the facility shall comply with all of the following:
(1)Sections 113980, 114047, 114049, 114390, 114393, 114397, and 114399.
(2)Chapter 1 (commencing with Section 113700).
(3)Chapter 2 (commencing with Section 113728).
(b)(1) A local enforcement agency may inspect a compact mobile food operation

that is exempt, as specified in subdivision (a), during the facility’s hours of operation and other reasonable times on the basis of a consumer complaint or just cause.

(2)For the purposes of determining compliance with this chapter, a compact mobile food operation that is not exempt as specified in subdivision (a) is subject to permitting and routine inspections or inspections on the basis of a consumer complaint or just cause.
(c)The local enforcement agency may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to compact mobile food operations.

Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.

(a)Compact mobile food operations shall conduct only limited food preparation, as defined in Section 113818. Notwithstanding any other provision of this part, a compact mobile food operation, as defined in subdivision (c) of Section 113831, may display or sell food outdoors, if all of the following conditions are satisfied:
(1)Overhead protection are provided above all food display areas.
(2)Food items from the outdoor display are stored consistent with this chapter at all times other than during business hours.
(3)Outdoor displays comply with Section 113980 and have been approved by the enforcement agency if

the compact mobile food operation is required to obtain a permit.

(b)A compact mobile food operation shall not sell food other than nonpotentially hazardous prepackaged food or whole produce, or conduct any food preparation, unless it meets the applicable operational requirements of this chapter, including applicable requirements for integral equipment, handwashing, and restroom access.
(c)Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.
(d)A compact mobile food operation operating from an

individual shall not conduct any food preparation or sell foods other than nonpotentially hazardous prepackaged food or whole produce.

Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.

(a)Except as provided in subdivision (b), a compact mobile food operation that is approved for limited food preparation that prepares raw meat, raw poultry, or raw fish is subject to warewashing and handwashing facility requirements as outlined in Chapter 10 (commencing with Section 114294).
(b)(1) A compact mobile food operation may satisfy the requirements of Sections 114313 and 114314 by demonstrating access to a permitted auxiliary conveyance containing the necessary handwashing and warewashing sinks when operating at a site-specific location. The auxiliary conveyance may be operated by the same or a different permitholder. An enforcement agency may permit an auxiliary conveyance to serve multiple compact mobile

food operations operating in close proximity to the auxiliary conveyance, as determined by the enforcement agency.

(2)If an auxiliary conveyance is not operated by the permitholder of the compact mobile food operation, the operator of the auxiliary conveyance shall obtain a permit from the enforcement agency to operate the auxiliary conveyance and service compact mobile food operations.
(3)The permit application for an auxiliary conveyance not operated by a compact mobile food operation shall include a site plan and shall be submitted to the enforcement agency at least two weeks prior to the operation of any food facility in conjunction with the auxiliary conveyance.
(4)The site plan for an auxiliary conveyance not operated by a compact mobile food operator shall show the proposed location and storage of the

auxiliary conveyance, the proposed locations of any food facilities that will utilize the auxiliary conveyance, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and handwashing facilities.

(c)A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall do one of the following:
(1)Provide a three-compartment sink as described in subdivision (a) of Section 114313.
(2)Provide at least one two-compartment sink that complies with subdivision (e) of Section 114099.3.
(3)Provide a one-compartment sink with at least one integral metal drainboard, an adequate supply of spare preparation and serving utensils to

replace those that become soiled or contaminated, and warewashing facilities that comply with subdivision (a) of Section 114313 in reasonable proximity to, and readily accessible for use by, food employees at all times.

(4)Maintain an adequate supply of spare preparation and serving utensils on the compact mobile food operation to ensure that utensils used for potentially hazardous foods are replaced with clean and sanitized utensils every four hours or as needed to replace those that become soiled or contaminated. A compact mobile food operation that complies with this paragraph is not required to provide a warewashing sink.
(d)A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall provide an integral handwashing sink with at least five gallons of potable water to operate with a potable water

tank with a capacity of at least five gallons for handwashing.

(e)An enforcement agency may permit a compact mobile food operation to operate with an integral water tank smaller than specified under subdivision (c) or (d) of Section 114217 if the enforcement agency finds that the compact mobile food operation is operating in an area and manner that would allow for replenishment of the water supply as needed during operations.
(f)A compact mobile food operation shall submit, to the enforcement agency, written operating procedures that include the process of filling potable water tanks if it will operate with a water tank with a capacity of less than five gallons specified in subdivisions (c) and (d) of Section 114217.
(g)A compact mobile food operation that does not prepare raw meat, raw poultry, or raw fish is

exempt from any provision of this part requiring it be equipped with a water heater or otherwise be supplied with warm water.

Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.

(a)Upon receipt of complete, easily readable plans drawn to scale, and specifications satisfactory to the enforcement agency, an enforcement agency may preapprove a standard plan for a standardized or mass-produced individual unit intended to serve as a compact mobile food operation.
(b)A person proposing to operate a compact mobile food operation who has acquired an individual unit for which the construction of the compact mobile food operation has been built to approved plans shall not be required to submit plans for the individual unit, but instead shall be subject to a final inspection of the compact mobile food operation to ensure that the individual unit and proposed method of operation conform to the standard plans preapproved

pursuant to subdivision (a). The permit application for a compact mobile food operation utilizing a preapproved individual unit shall include a certification that the applicant has not substantially altered the individual units from the plans preapproved pursuant to subdivision (a). The enforcement agency may collect a fee in the final inspection in an amount that does not exceed the reasonable administrative costs to the enforcement agency.

(c)The repair of equipment or integral fixtures on a compact mobile food operation or the replacement of equipment and fixtures on a compact mobile food operation with substantially similar equipment or fixtures is not a remodel, and the repair or replacement of equipment or fixtures does not require the submission of plans to an enforcement agency.
(d)A local governing body may waive or reduce a fee for the permit, registration, or related

services for an applicant seeking approval of a compact mobile food operation or related operations.

(e)All new and replacement food-related and utensil-related equipment for a compact mobile food operation shall be certified or classified for sanitation by an American National Standards Institute accredited certification program, or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. In the absence of an applicable certified sanitation standard, food-related and utensil-related equipment shall be evaluated for approval by the enforcement agency.
(f)All new and replacement electrical appliances for a compact mobile food operation shall meet applicable Underwriters Laboratories standards for electrical equipment as determined by an American National

Standards Institute accredited certification program or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards.

Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.

A compact mobile food operation is exempt from Section 113947.1 if the operator and any individual who is involved in the preparation, storage, or service of food for the compact mobile food operation has obtained a food handler card that meets the requirements of Section 113948.

Added by Stats. 2022, Ch. 489, Sec. 4. (SB 972) Effective January 1, 2023.

A compact mobile food operation is exempt from the requirements of Section 114315 if the compact mobile food operation operates with multiple employees or operators and the compact mobile food operation may remain operable by a single individual so that employees or operators may alternate use of a restroom.

Amended by Stats. 2025, Ch. 463, Sec. 6. (SB 635) Effective January 1, 2026.

(a)Notwithstanding subdivision (a) of Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine.
(b)A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation or a sidewalk vendor shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation or a sidewalk vendor alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.
(c)Except as provided in subdivision (d), each offense by an operator or employee of a compact mobile food operation or a sidewalk vendor may only be punished by a fine consistent with the following:
(1)A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part.
(2)An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation.
(3)An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation.
(4)An administrative fine not exceeding five hundred

dollars ($500) for each additional violation within one year of the first violation.

(d)If a compact mobile food operation is required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024.
(e)(1) When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an

ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

(2)If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
(3)The enforcement agency may waive the administrative fine or may offer an alternative disposition.
(f)(1) When enforcing

any provision of, or regulation adopted pursuant to, this part regulating an operator or employee of a compact mobile food operation, an enforcement agency and its personnel shall not do any of the following:

(A) Use enforcement agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for

purposes other than those identified in this part.

(B) Inquire into an individual’s immigration status.

(C) Place enforcement agency personnel under the supervision of an agency conducting immigration enforcement or employ enforcement agency personnel deputized

under the authority of an agency conducting immigration enforcement.

(D) Use an officer or employee of an agency conducting immigration enforcement as an interpreter for enforcement agency matters, or use enforcement agency personnel as interpreters for

officers or employees of an agency conducting immigration enforcement.

(2)For purposes of this subdivision, “enforcement agency” includes any nonpublic entity that an enforcement agency has delegated or assigned authority to, or has entered into a contract with, for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this part.
(3)A

contract between a nonpublic entity and an enforcement agency for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter entered into or modified on or after January 1, 2026, shall require the nonpublic entity to explicitly agree to adhere to the requirements of this subdivision, and shall be immediately terminated if it is found that the nonpublic entity has violated this subdivision.

(g)When enforcing any provision of, or regulation adopted pursuant to, this part regulating an operator or employee of a compact mobile food operation, an enforcement agency that has been authorized to make arrests pursuant to Section 836.5 of the Penal Code shall not

use enforcement agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this part.

(h)This section does not prohibit or restrict any enforcement agency or governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
(i)For purposes of this section, “immigration enforcement” means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any

state or federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.