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80 California Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagca0080 and id is 1 raw text is: ATFORNEY GENERAL'S OPINIONS Opinion No. 96-302-January 3, 1997 Requested by: MEMBER OF THE STATE SENATE Opinion by: DANIEL E. LUNGREN, Attorney General Gregory L. Gonot, Deputy THE HONORABLE BRUCE McPHERSON, MEMBER OF THE CALI- FORNIA STATE SENATE, has requested an opinion on the following question: For purposes of the California Uniform Retail Food Facilities Law, does a temporary food facility include a food facility operating out of tempo- rary facilities at a fixed location one day each week in close proximity to and in conjunction with a certified farmers' market? CONCLUSION For purposes of the California Uniform Retail Food Facilities Law, a temporary food facility does not include a food facility operating out of temporary facilities at a fixed location one day each week in close proximity to and in conjunction with a certified farmers' market. ANALYSIS The California Uniform Retail Food Facilities Law (Health & Saf. Code, §§ 113700-114455; CURFFL)1 provides uniform statewide health and sanitation standards for retail food facilities. (§ 113705.) Its purpose is to assure the people of this state that food will be pure, safe, and unadulterat- ed. (Ibid.) The question presented for resolution concerns whether a food facility operating out of temporary facilities one day each week in conjunc- tion with a certified farmers' market qualifies for treatment as a temporary food facility under the terms of CURFFL. We conclude that it does not. A food facility, as defined in CURFFL, means: (1) Any food establishment, vehicle, vending machine, pro- duce stand, swap meet prepackaged food stand, temporary food facility, satellite food distribution facility, stationary mobile food preparation unit, and mobile food preparation unit. (2) Any place used in conjunction with the operations de- scribed in paragraph (1), including, but not limited to, storage facilities for food-related utensils, equipment, and materials. I All section references hereafter are to the Health and Safety Code. (Manhew Bender & Co., Inc.) January 1997 1