Chapter 2 - Definitions

California Health and Safety Code — §§ 113728-113941

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Sections (132)

Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

“Adulterated” means either of the following:

(a)Food that bears or contains any poisonous or deleterious substance that may render the food impure or injurious to health.

(b)Food that is manufactured, prepared, or stored in a manner that deviates from a HACCP plan so as to pose a discernable increase in risk.

§ 113733

Amended by Stats. 2009, Ch. 571, Sec. 1. (SB 241) Effective October 11, 2009.

“Acute gastrointestinal illness” means a short duration illness most often characterized by either of the following, which are known to be commonly associated with the agents most likely to be transmitted from infected food employees through contamination of food:

(a)Diarrhea, either alone or in conjunction with other gastrointestinal symptoms, such as

vomiting, fever, or abdominal cramps.

(b)Vomiting in conjunction with either diarrhea or two other gastrointestinal symptoms, such as fever or abdominal cramps.

§ 113734

Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

“Approved” means acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, current public health principles, practices, and generally recognized industry standards that protect public health.

§ 113735

Amended by Stats. 2013, Ch. 404, Sec. 3. (AB 224) Effective January 1, 2014.

(a)“Approved source” means a food source allowed under Article 3 (commencing with Section 114021) of Chapter 4, or a producer, manufacturer, distributor, or food facility that is acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, with current public health principles and practices, and generally recognized industry

standards that protect public health.

(b)Any whole uncut fruit or vegetable or unrefrigerated shell egg grown or produced in compliance with all applicable federal, state, or local laws, regulations, and food safety guidelines issued by a regulatory agency shall be deemed to be from an approved source.

§ 113737

Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

“aw” means water activity that is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol aw.

§ 113739

Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

“Beverage” means a liquid for drinking, including water.

§ 113739.1

Added by Stats. 2018, Ch. 493, Sec. 1. (AB 2524) Effective January 1, 2019.

(a)“Catering operation” means a food service that is conducted by a permanent food facility approved for food preparation where food is served, or limited food preparation is conducted, at a location other than its permitted location, in either of the following circumstances:

(1)As part of a contracted offsite food service event.

(2)When operating in conjunction with a host facility with direct food sales.

(b)“Catering operation” shall not include either of the following:

(1)Food ordered as takeout or delivery from a food facility, where the food

is provided to the consumer for self-service.

(2)A food facility that is participating as part of a community event.

§ 113740

Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

“CCR” means the California Code of Regulations.

§ 113742

Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

“Certified farmers’ market” means a location that is certified by the State of California through the enforcement officers of the county agricultural commissioners and operated pursuant to Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter.

§ 113743

Added by Stats. 2024, Ch. 915, Sec. 3. (AB 2786) Effective January 1, 2025.

“Certified mobile farmers’ market” means a mobile food facility, as defined in Section 113831, that sells agricultural products, as defined in paragraph (1) of subdivision (a) of Section 47000.5 of the Food and Agricultural Code, prepackaged nonpotentially hazardous foods, cottage food products, processed foods, or a combination thereof, and meets all of the requirements set forth in Section 123279.1.

§ 113744

Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

“C.F.R.” means the Code of Federal Regulations. Citations in this part to the C.F.R. refer sequentially to the title, part, and section numbers, such as 21 C.F.R. 178.1010 refers to Title 21, Part 178, Section 1010.

§ 113747

Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

(a)“CIP” means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine.

(b)“CIP” does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without

the use of a CIP system.

§ 113747.1

Added by Stats. 2009, Ch. 571, Sec. 3. (SB 241) Effective October 11, 2009.

“Cold water” means potable water that is not heated by an auxiliary method or source.

§ 113748

Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

“Commingle” means:

(a)To combine shellstock harvested on different days or from different growing areas as identified on the tag or label.

(b)To combine shucked shellfish from containers with different container codes or different shucking dates.

§ 113750

Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

(a)“Comminuted” means reduced in size by methods including chopping, flaking, grinding, or mincing.

(b)“Comminuted” includes fish or meat products that are reduced in size and restructured or reformulated including, but not limited to, gefilte fish, formed roast beef, gyros, ground beef, sausage, and a mixture of two or more types of meat that have been reduced in size and combined, including, but not limited to, sausages made from two or more

meats.

§ 113751

Amended by Stats. 2007, Ch. 96, Sec. 3. Effective July 20, 2007.

“Commissary” means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur:

(a)Food, containers, or supplies are stored.

(b)Food is prepared or prepackaged for sale or service at other locations.

(c)Utensils are cleaned.

(d)Liquid and solid wastes are disposed, or potable water is obtained.

§ 113752

Added by Stats. 2014, Ch. 580, Sec. 2. (AB 1990) Effective January 1, 2015.

“Community food producer” means a producer of agricultural products on land that is not zoned for agricultural use but is otherwise in compliance with applicable local land use and zoning restrictions, including, but not limited to, restrictions governing personal gardens, community gardens, school gardens, and culinary gardens.

§ 113755

Amended by Stats. 2015, Ch. 164, Sec. 1. (AB 143) Effective January 1, 2016.

“Community event” means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of a civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering events approved by the local enforcement agency.

§ 113756

Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

“Condiment” means a nonpotentially hazardous food, such as relishes, spices, sauces, confections, or seasonings, that requires no additional preparation, and that is used on a food item, including, but not limited to, ketchup, mustard, mayonnaise, sauerkraut, salsa, salt, sugar, pepper, or chile peppers.

§ 113757

Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

“Consumer” means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food facility, and does not offer the food for resale.

§ 113758