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Legal Resources | Health and Safety Code |  HS  114079  

General Food Safety Requirements; Unused or Returned Food   

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(a) Except as specified in subdivisions (b) and (c), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption.

(b) A container of food that is not potentially hazardous may be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine, or if the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition, and if the food is checked periodically on a regular basis.

(c) (1) A local educational agency may do both of the following to minimize waste and to reduce food insecurity:

(A) Provide sharing tables where food service staff, pupils, and faculty may return appropriate food items consistent with subparagraph (B) and make those food items available to pupils during the course of a regular school meal time.

(B) Allow the food placed on the sharing tables that is not taken by a pupil during the course of a regular school meal time in accordance with subparagraph (A) to be donated to a food bank or any other nonprofit charitable organization.

(2) Donations of food or food made available to pupils during the course of a regular school meal time pursuant to paragraph (1) may include prepackaged, nonpotentially hazardous food with the packaging still intact and in good condition, whole uncut produce that complies with Section 113992 before donation, unopened bags of sliced fruit, unopened containers of milk that are immediately stored in a cooling bin maintained at 41 degrees Fahrenheit or below, and perishable prepackaged food if it is placed in a proper temperature-controlled environment.

(3) When a local educational agency, pursuant to paragraph (1), makes food available to pupils during the course of a regular school meal time or donates food to a food bank or any other nonprofit charitable organization for distribution, the preparation, safety, and donation of food shall be consistent with Section 113980.

(4) For purposes of this subdivision, "local educational agency" means a county office of education, school district, or charter school.

(Amended by Stats. 2017, Ch. 285, Sec. 2.)