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HomeHealth and Safety CodeDiv. 104Pt. 7Ch. 13Art. 3§ 114405 Permit Suspension And Revocation

§ 114405 Permit Suspension And Revocation

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

§ 114405 Permit Suspension And Revocation

Key Takeaways

  • •If a food place breaks the rules, their permit can be taken away, and they must close until they fix the problem or get a new permit.
  • •Before closing a place, the officer will give a written warning to fix the problem.
  • •If the problem isn’t fixed, the owner gets a notice saying they can ask for a hearing within 15 days to explain why their permit shouldn’t be taken away.
  • •If the owner doesn’t ask for a hearing in 15 days, they lose the right to have one, and their permit can be taken away.

Example

A small bakery sells cakes from home but doesn’t keep the kitchen clean. An inspector finds bugs and dirt in the kitchen.

The inspector will first tell the bakery owner to clean up. If the owner doesn’t fix it, they get a notice saying they can ask for a hearing within 15 days. If they don’t ask for a hearing, their permit is taken away, and they have to close until they get a new one.

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

Official Source
View on CA.gov

§ 114405 Permit Suspension And Revocation

(a) A permit may be suspended or revoked by a local enforcement officer for a violation of this part. Any food facility or cottage food operation for which the permit has been suspended shall close and remain closed until the permit has been reinstated. Any food facility or cottage food operation for which the permit has been revoked shall close and remain closed until a new permit has been issued. (b) Whenever a local enforcement officer finds that a food facility or cottage food operation is not in compliance with the requirements of this part, a written notice to comply shall be issued to the permitholder. If the permitholder fails to comply, the local enforcement officer shall issue to the permitholder a notice setting forth the acts or omissions with which the permitholder is charged, and informing him or her of a right to a hearing, if requested, to show cause why the permit should not be suspended or revoked. A written request for a hearing shall be made by the permitholder within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this 15-day period to expedite the permit suspension or revocation process. (c) The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the permitholder, the hearing officer may postpone any hearing date, if circumstances warrant the action. (Amended by Stats. 2012, Ch. 415, Sec. 15. (AB 1616) Effective January 1, 2013.)

Last verified: January 23, 2026

Key Terms

permitsuspended or revokedlocal enforcement officerwritten noticehearing15 calendar days

Related Statutes

  • § 114413 Permit Reinstatement Conditions
  • § 41223 Mojave Desert Air Rules Hearing
  • § 114381.1 Shared Food Facility Permits
  • § 114407 Permit Suspension Revocation Notice
  • § 114409 Imminent Health Hazard Closure

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 114405.
View Official Source