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Ex. DUT-CA-015 Standing duty Primary source read

Statute: Health and Safety Code section 114409 (California Retail Food Code), permit suspension and closure on an imminent health hazard

Health and Safety Code section 114409: if any imminent health hazard is found and is not immediately corrected, the enforcement officer may temporarily suspend the permit and order the food facility immediately closed

California Legislature (codified text published by the Legislative Counsel) · California (State)

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The record

Jurisdiction
California
Level
State
Authority
California Retail Food Code, Health and Safety Code div. 104, pt. 7 (sections 113700 et seq.); sec. 114409 as amended by Stats. 2012, ch. 415, sec. 16 (AB 1616) (eff. Jan. 1, 2013)
Issued
2013-01-01 Jan. 1, 2013
Effective
2013-01-01
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 2013 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses (permitted food facilities: restaurants, bars, markets, food service)
Character
sanitary code duty
Collection
Standing duties: California DUT-CA

Operative words

(a) If any imminent health hazard is found, unless the hazard is immediately corrected, an enforcement officer may temporarily suspend the permit and order the food facility or cottage food operation immediately closed. (b) Whenever a permit is suspended as the result of an imminent health hazard, the enforcement officer shall issue to the permitholder a notice

Penalty

Permit suspension and immediate closure, with notice and hearing rights (subdivisions (a)-(b)).

What it required

Made every restaurant, bar, grocery and other permitted food facility operate on the standing condition that a local environmental-health officer could suspend its permit and close it at once on finding an imminent health hazard, the sanitary-code vehicle through which county health departments enforced the dine-in closures, capacity limits and protocol requirements of 2020-2021 against food facilities.

Retrieval note

Official text as displayed Sept. 28, 2026; history note '(Amended by Stats. 2012, Ch. 415, Sec. 16. (AB 1616) Effective January 1, 2013.)', so the text in force in 2020-2021 is the text shown. The Retail Food Code's employee-health provisions (reporting and exclusion of ill food employees) and the definition of 'imminent health hazard' were not separately saved and are described by category.