Article 1 - Plan Review and Permits

California Health and Safety Code — §§ 114380-114387

Sections (6)

Amended by Stats. 2025, Ch. 470, Sec. 4. (AB 671) Effective January 1, 2026.

(a)A person proposing to build or remodel a food facility shall submit complete, easily readable plans drawn to scale, and specifications to the enforcement agency for review, and shall receive plan approval before starting any new construction or remodeling of a facility for use as a retail food facility.

(b)Plans and specifications may also be required by the enforcement agency if the agency determines that they are necessary to ensure compliance with the requirements of this part, including, but not limited to, a menu change or change in the facility’s method of operation.

(c)(1) All new school

food facilities or school food facilities that undergo modernization or remodeling shall comply with all structural requirements of this part. Upon submission of plans by a public school authority, the Division of the State Architect and the local enforcement agency shall review and approve all new and remodeled school facilities for compliance with all applicable requirements.

(2)Notwithstanding subdivision (a), the Office of Statewide Health Planning and Development (OSHPD) shall maintain its primary jurisdiction over licensed skilled nursing facilities, and when new construction, modernization, or remodeling must be undertaken to repair existing systems or to keep up the course of normal or routine maintenance, the facility shall complete a building application and plan check process as required by OSHPD. Approval of the plans

by OSHPD shall be deemed compliance with the plan approval process required by the local county enforcement agency described in this section.

(3)Except when a determination is made by the enforcement agency that the nonconforming structural conditions pose a public health hazard, existing public and private school cafeterias, limited service charitable feeding operation facilities, and licensed health care facilities shall be deemed to be in compliance with this part pending replacement or renovation.

(d)Except when a determination is made by the enforcement agency that the nonconforming structural conditions pose a public health hazard, existing food facilities that were in compliance with the law in effect on June 30, 2007, shall be deemed to be in compliance with the law

pending replacement or renovation. If a determination is made by the enforcement agency that a structural condition poses a public health hazard, the food facility shall remedy the deficiency to the satisfaction of the enforcement agency.

(e)The plans shall be approved or rejected within 20 working days after receipt by the enforcement agency and the applicant shall be notified of the decision. Unless the plans are approved or rejected within 20 working days, they shall be deemed approved. The building department shall not issue a building permit for a food facility until after it has received plan approval by the enforcement agency. This section does not require that plans or specifications be prepared by someone other than the applicant.

(f)Notwithstanding subdivision (e), a

tenant improvement plan for a restaurant, as those terms are defined in Section 66345.1 of the Government Code, shall be subject to the following procedure:

(1)If the enforcement agency does not approve or deny the plan within 20 business days of receiving a complete plan, the plan shall be deemed approved for permitting purposes, provided that all fees and required documents have been submitted.

(2)If a complete plan is denied within the 20-business-day period described in paragraph (1), the applicant may resubmit a corrected plan addressing the deficiencies identified in the initial denial. The enforcement agency’s

review of each subsequent resubmission shall be limited to correcting the deficiencies identified in the initial denial. The enforcement agency shall approve or deny each subsequent resubmission within 10 business days of receipt.

§ 114381

Amended by Stats. 2025, Ch. 463, Sec. 7. (SB 635) Effective January 1, 2026.

(a)A food facility shall not be open for business without a valid permit.

(b)A permit shall be issued by the enforcement agency when investigation has determined that the proposed facility and its method of operation meet the specifications of the approved plans or conform to the requirements of this part.

(c)A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity and, unless suspended or revoked for cause, for the time period indicated.

(d)Any fee for the permit

or registration or related services, including, but not limited to, the expenses of inspecting and impounding any utensil suspected of releasing lead or cadmium in violation of Section 108860 as authorized by Section 114393, review of HACCP plans, and alternative means of compliance shall be determined by the local governing body. Fees shall be sufficient to cover the actual expenses of administering and enforcing this part. The moneys collected as fees shall only be expended for the purpose of administering and enforcing this part.

(e)A permit shall be posted in a conspicuous place in the food facility or in the office of a vending machine business.

(f)Any person requesting the enforcement agency to undertake activity pursuant to Sections 114149.1 and 114419.3 shall pay the enforcement

agency’s costs incurred in undertaking the activity. The enforcement agency’s services shall be assessed at the current hourly cost recovery rate.

(g)(1) Except as otherwise required by state or federal law, an enforcement agency shall not provide voluntary consent to any individual to access, review, or obtain any of the enforcement agency’s records obtained pursuant to this part that include personally identifiable information of any sidewalk vendor or any operator or employee of a compact mobile food operation in

the jurisdiction without a subpoena or judicial warrant. This section does not prohibit an enforcement agency from challenging the validity of a subpoena or judicial warrant in a federal district court.

(2)An enforcement agency and its personnel shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any sidewalk vendor or any operator or employee of a compact mobile food operation obtained pursuant to this part that is requested, except pursuant to a subpoena or a

valid judicial warrant.

(h)For purposes of this section, “personally identifiable information” means an individual’s name, business name, home address, business address, birthdate, telephone number, business location, California driver’s license or identification

number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, seller’s permit number, social security number, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual.

§ 114381.1

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

In addition to the permit issued to each food facility participating in a community event or swap meet, a permit shall be obtained by the person or organization responsible for facilities that are shared by two or more food facilities.

(a)The permit application and site plan shall be submitted to the enforcement agency at least two weeks prior to operation of any food facility.

(b)The site plan shall

show the proposed locations of the food facilities, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and handwashing facilities.

§ 114381.2

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

A permit application shall be submitted to the enforcement agency by each temporary food facility operator that includes all of the following:

(a)A site plan that indicates the proposed layout of equipment, food preparation tables, food storage, warewashing, and handwashing facilities.

(b)Details of the materials and methods used to construct the temporary food facility.

(c)All food products that will be handled and dispensed.

(d)The proposed procedures and methods of food preparation and handling.

(e)Procedures, methods, and schedules for cleaning utensils, equipment, and structures, and for the disposal of refuse.

(f)How food will be transported to and from a permanent food facility or other approved food facility and the temporary food facility, and steps taken to prevent contamination of foods.

(g)How potentially hazardous foods will be maintained at or below 41°F or at or above 135°F.

§ 114381.3

Added by Stats. 2025, Ch. 463, Sec. 8. (SB 635) Effective January 1, 2026.

(a)A permit application for a compact mobile food operation shall comply with all of the following requirements:

(1)An enforcement agency shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the enforcement agency otherwise requires a social security number for a permit, and the number collected shall not be available to the public for inspection, shall be confidential, and shall not be disclosed except as required to administer the permit or licensure program or to comply with a state law or state or federal court order.

(2)The enforcement agency shall not inquire into or collect information about an individual’s immigration or citizenship status or place of birth.

(3)(A) The enforcement agency shall not inquire into or collect information or documentation regarding an individual’s criminal history, and shall not require an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit.

(B)Notwithstanding any other law, including Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, an enforcement agency that inquired into or collected information or documentation regarding an individual’s place of

birth or criminal history, required an applicant to submit fingerprints or complete a LiveScan fingerprinting, or performed a background check before January 1, 2026, shall destroy those records on or before March 1, 2026, unless those records are expressly required by law to be preserved.

(b)Any personally identifiable information collected by an enforcement agency pursuant to this section shall be exempt from disclosure under the

California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(c)For purposes of this section, “personally identifiable information” means an individual’s name, business name, home address, business address, birthdate, telephone number, business location, California driver’s license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, seller’s permit number, social security number, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual.

§ 114387

Amended by Stats. 2009, Ch. 571, Sec. 64. (SB 241) Effective October 11, 2009.

Any person who operates a food facility shall obtain all necessary permits to conduct business, including, but not limited to, a permit issued by the enforcement agency. In addition to the penalties under Article 2 (commencing with Section 114390), violators who operate without the necessary permits shall be subject to closure of the food facility and a penalty not to exceed three times the cost of the

permit.