CA Health & Safety Code Section 114091

In a licensed health care facility and a public or private school cafeteria, the following shall apply:


Only pasteurized juice may be served.


Only pasteurized fluid and dry milk and milk products complying with Grade A standards as specified in law shall be served.


Pasteurized shell eggs or pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for raw shell eggs in the preparation of foods such as Caesar salad, hollandaise or béarnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages, and, except as specified in subdivision (e), recipes in which more than one egg is broken and the eggs are combined.


(1)Food shall not be reserved where the food was already served to patients or clients who are under contact precautions in medical isolation or quarantine or protective environment isolation.


Food shall not be reserved to a patient or client in protective environment isolation.


The following foods may not be served or offered for sale in a ready-to-eat form:


Raw foods of animal origin such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare.


A partially cooked food of animal origin, such as lightly cooked fish, rare meat, soft-cooked eggs, that is made from raw shell eggs, and meringue.


Raw seed sprouts.


Subdivision (c) does not apply in any of the following instances:


The raw eggs are combined immediately before cooking for one consumer’s serving at a single meal, cooked as specified under Section 114004, and served immediately, such as an omelet, soufflé, or scrambled eggs.


The raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread.


The preparation of the food is conducted under a HACCP plan that:


Identifies the food to be prepared.


Prohibits contacting ready-to-eat food with bare hands.


Includes specifications and practices that ensure salmonella enteritidis growth is controlled before and after cooking and is destroyed by cooking the eggs to an internal temperature of 145°F.


Contains the information specified under a HACCP plan, including procedures that control cross-contamination of ready-to-eat food with raw eggs, and delineate cleaning and sanitization procedures for food-contact surfaces.


Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.
Last Updated

Aug. 19, 2023

§ 114091’s source at ca​.gov