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It shall be unlawful for any person, firm or corporation operating any bakery or place where bread for human consumption is baked for sale to the public, or for any person, firm or corporation who sells or exposes such bread for sale, to knowingly sell or otherwise dispose of any bread for other than human consumption which was wholesome and suitable for such use at the time it was baked and of the standard weight as now established or as may be hereafter established by ordinance of the City and County of San Francisco, until after the expiration of a period of five days from the time such bread was baked.
No bread baked for human consumption which was suitable for such use at the time it was baked and of the standard weight as established by ordinance shall be sold for other than human consumption until such bread has been offered and exposed for sale to the public for human consumption for a period of not less than three days.
Every person, firm or corporation selling or offering for sale any bread for human consumption which at the time of such sale or offering for sale is more than 48 hours old, excepting Sundays or Holidays, shall cause such bread to be indicated as more than 48 hours old either by written or printed label or placard clearly announcing such fact.
[Food Preparation and Service Establishments – Permits; Regulations; Disclosure Requirements]
For purposes of this Article 8, the following terms have the following meanings:
“Bar or tavern” means any Food Preparation and Service Establishment which primarily prepares and/or serves alcoholic beverages.
“Bed and breakfast establishment” means a “restricted food service facility” as defined in California Health and Safety Code Section 113893, as may be amended from time to time.
“Boardinghouse” means any building or portion thereof occupied or intended, arranged, or designed for occupation, by six or more but less than 35 guests, where sleeping rooms and meals are provided to the guests for compensation; in addition, Boardinghouse includes all private institutional-type homes where inspection is made by the Department of Public Health.
“Caterer” means a person who is in the business of providing food, beverages, and sometimes service, at social gatherings. The caterer prepares the food at a location separate from the social gathering, though the caterer may engage in Limited food preparation at the location where the caterer serves the food. A caterer is not a private chef or chef for hire who prepares food in a private home.
“Catering facility” means any Food Preparation and Service Establishment where a caterer prepares food for service at another location.
(1) “Catering facility - Cooking” means a Catering facility where food is cooked for service at another location.
(2) “Catering facility - No Cooking” means a Catering facility where Limited food preparation occurs, but cooking is not allowed.
“City” means City and County of San Francisco.
“Commissary” means any food establishment in which food, containers, equipment, or supplies are stored or handled for use in vehicles, mobile food preparation units, food carts, or vending machines.
(1) “Commissary for cooking” means a Commissary where cooking occurs.
(2) “Commissary for Mobile Food Facility servicing” means a Commissary where food is stored for a Mobile Food Facility, and where no food preparation or cooking is allowed.
“Consumer” has the meaning set forth in California Health and Safety Code Section 113757, as may be amended from time to time.
“Cooking school” means a school where students prepare and consume food products.
“Director” means the “Director of Health of the City1
or the Director’s designee. “Inspectors” shall mean the “Inspectors of the Department of Public Health,” administered by said Director. The Director shall be responsible for the administration and enforcement of this Article 8 and the rules and regulations relating thereto. The Director shall, after a public hearing, prescribe the rules and regulations relating thereto. All Food Preparation and Service Establishments shall be operated, conducted, and maintained in accordance therewith.
“Employee Cafeteria” means a food facility located within business premises where the business employees are provided or sold food on a regular basis. Food and drink are not regularly served to the public and the food establishment is not subject to tax. The operators of the food facility are either employees of the business or are contracted by that business.
“Food demonstrations” means any food preparation and/or service facility operating out of temporary facilities approved by the Director of Health for a period of time not to exceed seven consecutive days for purposes of demonstrating food preparation or equipment.
“Food Preparation and Service Establishment” means any restaurant, mobile food facility, guest house, boardinghouse, special events, school food concessions, bar or tavern, take-out establishment, fast food establishment, caterer, catering facility, temporary facility, food demonstration, commissary, pushcart, stadium concession, vending machine, bed and breakfast establishment, employee cafeteria, private school cafeteria, hospital kitchen, and licensed health care facility, as those terms are defined herein.
“Guest house” means any building or portion thereof occupied or intended, arranged, or designed for occupation, by 35 or more guests where sleeping rooms and meals are provided to the guests for compensation and shall include “guest house,” “residence club,” “lodge,” “dormitory,” “residence cooperative,” and any of its variants.
“Hospital kitchen” means any food preparation and service facility operating within a hospital that serves food to staff or the general public, but not to patients.
“Host facility” has the meaning set forth in California Health and Safety Code Section 113806.1, as may be amended from time to time.
“Licensed Health Care Facility” means all of the following health facilities with 16 or more beds designated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence, rehabilitation, and care during and after pregnancy, to which persons are admitted for a 24-hour stay or longer:
(1) General Acute Care Hospital as defined in California Health and Safety Code Section 1250(a) or any successive statutes;
(2) Acute Psychiatric Hospital as defined in California Health and Safety Code Section 1250(b) or any successive statutes;
(3) Skilled Nursing Facility as defined in California Health and Safety Code Section 1250(c) or any successive statutes;
(4) Intermediate Care Facility as defined in California Health and Safety Code Section 1250(d) or any successive statutes;
(5) Special Hospital as defined in California Health and Safety Code Section 1250(f) or any successive statutes;
(6) Intermediate Care Facility/Developmentally Disabled as defined in California Health and Safety Code Section 1250(g) or any successive statutes; and
(7) Chemical Dependency Recovery Facility as defined in California Health and Safety Code Section 1250.3 or any successive statutes.
Any of the facility types listed above that are operated by the State of California Departments of Mental Health, Developmental Services, Corrections, or Youth Authority are not included in this definition.
“Limited food preparation” has the meaning set forth in California Health and Safety Code Section 113818, as may be amended from time to time.
“Limited service charitable feeding operation” has the meaning set forth in California Health and Safety Code Section 113819, as may be amended from time.
“Mobile Food Facility” means any vehicle or pushcart used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. Mobile Food Facilities may be located on private or public property. Mobile Food Facility does not include a “Transporter” used to transport packaged food from a food facility or other approved source to the Consumer. There are five categories of Mobile Food Facilities for licensing and fee payment purposes under Business and Tax Regulations Code Section 249.1 as set forth below.
(1) “Mobile Food Facility 1” means a Mobile Food Facility where a Mobile Food Facility Vendor handles prepackaged and non-potentially hazardous foods, including but not limited to, pastries, bagels, donuts, popcorn, chips, candies, sodas, or bottled drinks.
(2) “Mobile Food Facility 2” means a Mobile Food Facility where a Mobile Food Facility Vendor handles prepackaged and potentially hazardous foods, including but not limited to, cold sandwiches, salads, pasta, or cold noodles.
(3) “Mobile Food Facility 3” means a Mobile Food Facility where a Mobile Food Facility Vendor handles non-prepackaged and non-potentially hazardous foods, including but not limited to, churros, salted bagels, cotton candy, lemonade, or tea.
(4) “Mobile Food Facility 4” means a Mobile Food Facility where a Mobile Food Facility Vendor engages in Limited food preparation.
(5) “Mobile Food Facility 5” means a Mobile Food Facility where a Mobile Food Facility Vendor engages in full food preparation or any food preparation not covered by Mobile Food Facility Categories 1-4, including but not limited to, tacos, burritos, crepes, or falafel.
“Mobile Food Facility Vendor” means any person engaged in the business of operating a Mobile Food Facility within the City.
“Owner” or “owners” mean those persons, partnerships, or corporations who are financially interested in the operation of a Food Preparation and Service Establishment.
“Operator” means any person engaged in the dispensing of or in assisting in the preparation of food, or a person otherwise employed in a Food Preparation and Service Establishment.
“Potentially hazardous food” has the meaning set forth in California Health and Safety Code Section 113871, as may be amended from time to time.
“Prepackaged food” has the meaning set forth in California Health and Safety Code Section 113876, as may be amended from time to time.
“Private school cafeteria” means any food preparation and service facility serving food to faculty and/or students of a school not operated by the San Francisco Unified School District.
“Restaurant” means any coffee shop, cafeteria, short-order cafe, luncheonette, cocktail lounge, sandwich stand, soda fountain, public school cafeteria or eating establishment, in-plant or employee eating establishment, and any other eating establishment, organization, club, including Veterans’ Club, boardinghouse, bed and breakfast establishments, or guest house, which gives, sells, or offers for sale, food to the public, guests, patrons, or employees as well as kitchens or other food preparation areas in which food is prepared on the premises for serving or consumption on or off the premises, and requires no further preparation, and also includes manufacturers of perishable food products that prepare food on the premises for sale directly to the public. The term “restaurant” shall not include mobile food facilities, cooperative arrangements made by employees who purchase food or beverages for their own consumption and where no employee is assigned full-time to care for or operate equipment used in such arrangement, or private homes; nor shall the term “restaurant” include churches, church societies, private clubs, or other nonprofit associations of a religious, philanthropic, civic improvement, social, political, or educational nature, which purchase food, food products, or beverages, or which receive donations of food, food products, or beverages for service without charge to their members, or for service or sale at a reasonable charge to their members or to the general public at occasional fundraising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products, or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full-time to care for or operate equipment used in such arrangements.
“School food concessions” means any food preparation, food service, or food products intended for consumption by students attending or participating in activities within a school facility.
“Shared kitchen complex” means a facility that provides services and restrooms to Food Preparation and Service Establishments located within the facility for the purpose of cleaning, storage, refuse disposal, and wastewater disposal.
“Special events” means any organized collection of food purveyors operating individually or collaboratively out of approved temporary or mobile food facilities at a fixed location for a period of time not to exceed 25 days in a 90-day period in conjunction with a single, weekly, or monthly community event as defined in California Health and Safety Code Section 113755, as may be amended from time to time.
“Stadium concession” means any food preparation and/or service facility operating within the footprint of a stadium, arena, or auditorium, with a seating capacity of 25,000 or more.
“Take-out establishment” means any Food Preparation and Service Establishment that primarily prepares food for consumption off premises.
“Temporary facility” means any food preparation and service facility operating out of temporary facilities approved by the Director of Health at a fixed location for a period of time not to exceed 25 days in any 90-day period in conjunction with a single event or celebration.
“Vending machine” means any self-service device, which upon insertion of money, credit card, mobile payment, or tokens, dispenses Potentially hazardous food or beverages without the necessity of replenishing the device between each vending operation.
(Amended by Ord. 241-70; App. 7/14/70; Ord. 26-88, App. 1/28/88; Ord. 341-88, App. 7/28/88; Ord. 206-93, App. 6/25/93; Ord. 121-97, App. 4/9/97; Ord. 84-00, File No. 000424, App. 5/12/2000; Ord. 233-08, File No. 080621, App. 10/30/2008; Ord. 178-10, File No. 100720, App. 7/23/2010; Ord. 298-10, File No. 101352, App. 12/3/2010; Ord. 172-12
, File No. 120638, App. 7/27/2012, Eff. 8/26/2012; Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
CODIFICATION NOTE
New Ordinance NoticePublisher's Note: This section has been AMENDED by new legislation (Ord. 203-24
, approved 8/1/2024, effective 9/1/2024). The text of the amendment will be incorporated under the new section number when the amending legislation is operative.
(a) It shall be unlawful to maintain or operate a food preparation and service establishment within the City and County of San Francisco without having first obtained a permit therefor issued and signed by the Department of Public Health. Any person, partnership or corporation shall, before opening or operating a food preparation and service establishment in the City and County of San Francisco, make an application for a permit in the manner and upon a form provided by the Director, giving the information and particulars required by the Director.
(b) If the applicant for any permit under this Section is a corporation or other business entity, the application shall contain the names of its principal officers and such other particulars as the Director may require.
(c) Before granting the permit the Director shall investigate the facts stated in the application and examine the premises to which the permit shall apply to assure that the applicant is or will be in compliance with the laws, rules and regulations pertaining to the proper operation of a food preparation and service establishment, including the California Retail Food Code and the Health Code of the City and County of San Francisco. If the Director determines from its investigation and examination of the premises that the applicant is not in compliance with any or all of the laws, rules and regulations pertaining to the proper operation of a food preparation and service establishment prior to the issuance of a permit, the Director shall allow the applicant a reasonable time within which to comply. The applicant's refusal or neglect to comply in a timely fashion shall be sufficient cause for the Director to deny the application.
(d) Any denial of an application for permit under this section shall be subject to an appeal to the Board of Appeals.
(e) The permit (1) shall set forth the commercial uses permitted and shall be valid as long as the annual permit fees are paid, or until suspended or revoked; (2) shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial uses for which the permit was issued; and (3) shall at all times be displayed on the premises.
(f) The permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Any determination of suspension or revocation of a permit for cause after a hearing shall be subject to appeal to the Board of Appeals. Upon suspension or revocation, the premises for which the permit was issued shall be posted with the order of the Department.
(g) Applications for temporary permits to operate special events shall be submitted no later than 14 calendar days prior to the commencement of the event along with the applicable filing fees listed in Section 249.11(c) of the Business and Tax Regulations Code. If the application and/or filing fees are submitted less than 14 calendar days prior to the commencement of the event, the applicant shall pay an additional 50% of the filing fee as a late charge before the application can be processed or approved. Applications and/or fees (including any late charges) that are submitted seven calendar days or less prior to the commencement of the event may, at the Department’s discretion, not be processed. This subsection (g) shall not apply to annual permits to operate special events when the applicant pays the annual permit fee provided in Section 249.11(d) of the Business and Tax Regulations Code 1
(Added by Ord. 241-70; App. 7/14/70; amended by Ord. 341-88, App. 7/28/88; Ord. 84-00, File No. 000424, App. 5/12/2000; Ord. 233-08, File No. 080621, App. 10/30/2008; Ord. 203-24, File No. 240406, App. 8/1/2024, Eff. 9/1/2024)
CODIFICATION NOTE
(a) Definitions. For purposes of this Section:
(1) "Cottage food operation" means:
(A) an enterprise in a private home that has not more in gross annual sales as follows:
for 2013 - $35,000 or less;
for 2014 - $45,000 or less;
for 2015 - $50,000 or less.
Commencing in 2015, and each subsequent year thereafter, the enterprise shall not have more than fifty thousand dollars ($50,000) in gross annual sales in the calendar year; and
(B) is operated by a cottage food operator, and has not more than one full-time equivalent employee, not including the cottage food operator and immediate family or household members of the cottage food operator; and
(C) where food products are prepared or packaged for direct and/or indirect sale to the public.
(2) "Cottage food operator" means a person who maintains a cottage food operation in his or her private home. Cottage food operators are categorized as follows:
(A) Class A cottage food operators may engage only in direct sales of cottage food products to the consumer. A cottage food operation maintained by this category of cottage food operator is known as a Class A cottage food operation.
(B) Class B cottage food operators may engage in direct sales and indirect sales of cottage food products. A cottage food operation maintained by this category of cottage food operator is known as a Class B cottage food operation.
(3) "Cottage food product" means foods that are not potentially hazardous as determined by the California Department of Public Health ("CDPH"), as set forth in California Health & Safety Code Section 114365.5.
(4) "Direct sale" means a transaction between a cottage food operator and a consumer, where the consumer purchases the cottage food product directly from the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers' markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the cottage food operation.
(5) "Indirect sale" means an interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third-party retailer that holds a valid permit issued pursuant to California Health & Safety Code Section 114381. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises.
(6) "Registered or permitted area" means that portion of a private home that contains the private home's kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment or both, and the attached rooms within the home that are used exclusively for storage of said products, ingredients, and/or equipment.
(b) Both Class A and Class B cottage food operators must:
(1) Complete a food handling/ processing course; and
(2) Prepare only foods approved by the CDPH; and
(3) Label cottage food products in accordance with state and federal regulations; and
(4) Meet the food preparation and sanitation requirements set forth in California Health & Safety Code Section 114365, et seq., or any successor provisions; and
(5) Comply with all applicable zoning requirements; and
(6) Obtain all necessary business licenses and permits.
(c) A Class A cottage food operation shall register annually with the San Francisco Department of Public Health ("Department"), pay the annual registration fee, and certify, under penalty of perjury, that it complies with state law requirements for the operation of such businesses as set forth in the California Retail Food Code, Health & Safety Code Sections 114365, et seq., or any successor provisions, and regulations promulgated by the CDPH.
(d) A Class B cottage food operation shall obtain a permit from the Department, which must be renewed annually, and pay the initial application fee and annual permit fees. For the permit to be issued, the Class B cottage food operator shall certify, under penalty of perjury, that it complies with state law requirements for the operation of such businesses as set forth in the California Retail Food Code, Health & Safety Code Sections 114365, et seq., and regulations promulgated by the CDPH. As a condition of the permit being renewed annually, the Class B cottage food operator shall annually make the same certification, under penalty of perjury.
(e) The Department may inspect the registered area of a Class A cottage food operation or the permitted area of a Class B food operation only in response to a consumer complaint, or if the Department reasonably suspects that adulterated or unsafe food has been produced, or reasonably suspects that the cottage food operation has violated California food safety laws.
(f) Registration as a Class A cottage food operation, or a permit for operation of a Class B cottage food operation, is valid only for the person, location, type of food sales, and distribution activity specified on the registration or permit for the time period specified, and is not transferable.
(g) Registration as a Class A cottage food operation, or a permit for a Class B cottage food operation, may be suspended or revoked for violation of state law. For a prospective suspension or revocation, the Director of the San Francisco Department of Public Health ("Director") shall issue a written notice to the cottage food operator specifying the alleged violation(s) and advising the cottage food operator of a right to a hearing. The cottage food operator shall request a hearing, in writing, within 15 calendar days after receipt of the notice. Failure to request a hearing within 15 calendar days, shall be deemed a waiver of the right to a hearing. The hearing shall be held within 15 calendar days of the request for the hearing.
(h) If the Director finds an imminent health hazard, unless the hazard is immediately corrected, the Director may temporarily suspend registration as a Class A cottage food operation, or a permit for a Class B cottage food operation, and order the cottage food operation to immediately close. The Director shall issue a written Notice of Violation setting forth the basis for such action, and provide the permit holder or practitioner with the right to a hearing, as set forth in subsection (g), above.
(Added by Ord. 96-13
, File No. 130244, App. 5/31/2013, Eff. 6/30/2013)
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