Funviralpark California Retail Food Code Decriminalization Further Limits City Enforcement Options
Senate Bill 972, which takes effect on January 1, 2023, fully decriminalizes sidewalk food sales and creates a new regulatory framework that could frustrate cities seeking to limit this activity. In the past, street food vending criminality was a valuable tool for combating what cities see as a public health nuisance. Violations are now subject only to administrative subpoenas, not misdemeanors or criminal offenses.
Senate Bill 946, passed in 2018, was the first step to decriminalize sidewalk vending. However, it left cities with the ability to enforce county health codes adopted by reference through the California Retail Food Code. , could criminally list sidewalk food vendors. Now SB 972 fills that gap by decriminalizing the California Retail Food Code. The city can continue to conduct regular inspections of carts and galleys, but can only issue administrative sanctions for violations.
The law introduces a new category of “compact mobile food businesses” defined as individual or wheelbarrows, stands, displays, pedal-powered carts, wagons, showcases, racks, or other non-motorized mobile food establishments. Create a. transportation. However, such manipulations are still limited to limited food preparation. Limited food preparation is generally limited to heating, frying, baking, roasting, shaving ice, blending, steaming hot dogs, or assembling unwrapped food. It also includes holding, dividing and distributing food prepared in catering operations. Potentially hazardous foods are considered raw meat, milk, or items that typically require refrigeration. Limited food preparation may include raw meat preparation, but such operations meet further hygiene guidelines, such as providing a three-compartment sink with an adequate supply of drinking water is needed. Preparing potentially hazardous food in a compact mobile food operation that does not meet specific hygiene requirements for potentially hazardous food is an offense and subject to administrative sanctions.
SB 972 also impacts existing regulations for cottage food businesses and small business home kitchens. Cottage Food Operations can sell home-cooked meals directly to the public, and Micro Enterprise Home His Kitchen allows individuals to run restaurants in their private residences. With the SB 972, your cottage food operation or microenterprise home kitchen can now be used as a concession stand or mobile support unit for up to two compact mobile food operations. However, they are still subject to public health enforcement to ensure protection from contamination and proper cooling and storage.
SB 972 attempts to facilitate greater access for food distributors to obtain the required county and city approvals for food sales licenses. The bill would allow counties to approve food cart designs that meet safety requirements in lieu of approving individually manufactured carts. Congress’ hope is to encourage greater compliance than it does now by facilitating the process for complying with the law.
Cities still retain the power to take criminal enforcement action against food vendors operating on private property, not on public roads.
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