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HomeHealth and Safety CodeDiv. 104Pt. 7Ch. 9Art. 5§ 114289 Small Food Facility Exemptions

§ 114289 Small Food Facility Exemptions

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 114289 Small Food Facility Exemptions

Key Takeaways

  • •Small food shops (under 300 sq ft) selling only safe, prepackaged food (like chips or candy) don’t need to follow all the usual food safety rules.
  • •Places that only do beer or wine tasting (with small snacks like crackers) and have a tiny food area (under 25 sq ft) have easier rules to follow.
  • •If the food area is 25 sq ft or smaller, they must follow a short list of basic food safety rules.
  • •If the food area is bigger (but still under 300 sq ft), they have to follow more rules, but still not all of them.

Example

A small corner store sells only bags of chips, candy bars, and bottled soda. The store is tiny, with just a few shelves for food.

Because the store is small (under 300 sq ft) and only sells safe, prepackaged food, it doesn’t have to follow all the usual food safety rules. It’s like getting a break because they’re not selling risky food like hot dogs or sandwiches.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 114289 Small Food Facility Exemptions

(a) Notwithstanding any law to the contrary, a permanent food facility that has less than 300 square feet of display area and that sells only prepackaged food that is not potentially hazardous food shall be exempt from the requirements of this part except as set forth in subdivision (c). (b) Notwithstanding any law to the contrary, a premises set aside for beer or wine tasting, as that term is defined in Section 23356.1 or 23357.3 of the Business and Professions Code, that complies with Section 118375, for the purposes of wine or beer tasting, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption, and crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption shall be subject to the requirements set forth in paragraph (1) of subdivision (c). These facilities shall not have a food display area greater than 25 square feet. (c) (1) A facility or premises with a food display area of 25 square feet or less shall comply with all of the following: (A) Sections 113980, 114047, 114049, 114390, 114393, 114395, 114397, and 114399. (B) Chapter 1 (commencing with Section 113700). (C) Chapter 2 (commencing with Section 113728). (2) A permanent food facility with a food display area greater than 25 square feet, but less than 300 square feet, shall comply with all of the following: (A) Sections 113980, 114047, 114049, 114250, 114266, 114381, 114387, 114390, 114393, 114395, 114397, 114399, 114405, 114407, 114409, 114411, and 114413. (B) Chapter 1 (commencing with Section 113700). (C) Chapter 2 (commencing with Section 113728). (Amended (as amended by Stats. 2014, Ch. 927, Sec. 2) by Stats. 2015, Ch. 164, Sec. 4. (AB 143) Effective January 1, 2016.)

Last verified: January 23, 2026

Key Terms

facilityhazardousofferregulationfineconsumptionprofessions code

Related Statutes

  • § 111926 Industrial Hemp Marketing Rules
  • § 118275 Medical Waste Containerization Requirements
  • § 108555 Toxic Toy Prohibition
  • § 111070 Bottled And Vended Water
  • § 114419 Food Preservation Haccp Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 114289.
View Official Source