Health & Saf. Code, § 114381 · Article 1. Plan Review and Permits
Health & Saf. Code, § 114381
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 2025, Ch. 463, Sec. 7. (SB 635) Effective January 1, 2026.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=114381.
- Text hash
- sha256 fa047b1cddf59a39b7bebc18008fa6d8b482513ffcaa2a5967db2b39808e7bc5
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 3 provisions
Provisions in this library whose text cites Health & Saf. Code, § 114381. Each shows the citation as that text prints it.
Health and Safety Code
- Health & Saf. Code, § 113758Printed as Section 114381
- Health & Saf. Code, § 114289Printed as Sections 113980, 114047, 114049, 114250, 114266, 114381, 114387, 114390, 114393, 114395, 114397, 114399, 114405, 114407, 114409, 114411, and 114413
- Health & Saf. Code, § 114328.1Printed as Sections 114049, 114250, 114266, 114381, 114387, 114390, 114393, 114395, 114397, 114399, 114405, 114407, 114409, 114411, and 114413
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.