Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, which are primarily enforced by local public health agencies. Violation of the California Retail Food Code is a misdemeanor, except as otherwise provided. Existing law limits the size of a passthrough window service opening to 216 square inches, and requires the opening to be provided with a solid or screened window, equipped with a self-closing device. Existing law authorizes a passthrough window of up to 432 square inches if equipped with an air curtain device.

This bill would remove the requirement that the 216 square inch solid or screened window has to be equipped with a self-closing device. The bill would require a passthrough window service opening of up to 432 square inches to be equipped with an air curtain device or a self-closing device. The bill would require a passthrough window service opening that is larger than 432 square inches to be equipped with both a self-closing device and an air curtain device. The bill would require a passthrough window or other service opening to be used specifically for food delivery operations and not as a general entrance or exit for employees or customers. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, which are primarily enforced by local public health agencies. Violation of the California Retail Food Code is a misdemeanor, except as otherwise provided. Existing law limits the size of a passthrough window service opening to 216 square inches, and requires the opening to be provided with a solid or screened window, equipped with a self-closing device. Existing law authorizes a passthrough window of up to 432 square inches if equipped with an air curtain device.

This bill would remove the requirement that the 216 square inch solid or screened window has to be equipped with a self-closing device. The bill would require a passthrough window service opening of up to 432 square inches to be equipped with an air curtain device or a self-closing device. The bill would require a passthrough window service opening that is larger than 432 square inches to be equipped with both a self-closing device and an air curtain device. The bill would require a passthrough window or other service opening to be used specifically for food delivery operations and not as a general entrance or exit for employees or customers. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, which are primarily enforced by local public health agencies. Violation of the California Retail Food Code is a misdemeanor, except as otherwise provided. Existing law limits the size of a passthrough window service opening to 216 square inches, and requires the opening to be provided with a solid or screened window, equipped with a self-closing device. Existing law authorizes a passthrough window of up to 432 square inches if equipped with an air curtain device.

This bill would remove the requirement that the 216 square inch solid or screened window has to be equipped with a self-closing device. The bill would authorize require a passthrough window service opening of up to 432 square inches if to be equipped with an air curtain device or a self-closing device. The bill would authorize require a passthrough window service opening that is larger than 432 square inches if to be equipped with both a self-closing device and an air curtain device. The bill would require a passthrough window or other service opening to be used specifically for food delivery operations and not as a general entrance or exit for employees or customers. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, which are primarily enforced by local public health agencies. Violation of the California Retail Food Code is a misdemeanor, except as otherwise provided. Existing law limits the size of a passthrough window service opening to 216 square inches, and requires the opening to be provided with a solid or screened window, equipped with a self-closing device. Existing law authorizes a passthrough window of up to 432 square inches if equipped with an air curtain device.

This bill would remove the requirement that the 216 square inch solid or screened window has to be equipped with a self-closing device. The bill would authorize a passthrough window service opening of up to 432 square inches if equipped with an air curtain device or a self-closing device. The bill would authorize a passthrough window service opening that is larger than 432 square inches if equipped with both a self-closing device and an air curtain device. The bill would prohibit require a passthrough window or other service opening from being used as an to be used specifically for food delivery operations and not as a general entrance or exit for employees or customers. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, which are primarily enforced by local public health agencies. Violation of the California Retail Food Code is a misdemeanor, except as otherwise provided. Existing law limits the size of a passthrough window service opening to 216 square inches, and requires the opening to be provided with a solid or screened window, equipped with a self-closing device. Existing law authorizes a passthrough window of up to 432 square inches if equipped with an air curtain device.

This bill would remove the requirement that the 216 square inch solid or screened window has to be equipped with a self-closing device. The bill would authorize a passthrough window service opening of up to 432 square inches if equipped with an air curtain device or a self-closing device. The bill would authorize a passthrough window service opening that is larger than 432 square inches if equipped with both a self-closing device and an air curtain device. The bill would authorize an enforcement agency to approve alternative passthrough window or other service openings if the proposed alternative can adequately maintain exclusion of vermin or other means of contamination. The bill would require a passthrough window or other service opening to only be used for drive-thru service functions and would prohibit it The bill would prohibit a passthrough window or other service opening from being used as an entrance or exit for employees or customers. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, which are primarily enforced by local public health agencies. Violation of the California Retail Food Code is a misdemeanor, except as otherwise provided. Existing law limits the size of a passthrough window service opening to 216 square inches, and requires the opening to be provided with a solid or screened window, equipped with a self-closing device. Existing law authorizes a passthrough window of up to 432 square inches if equipped with an air curtain device.

This bill would remove the requirement that the 216 square inch solid or screened window has to be equipped with a self-closing device. The bill would authorize a passthrough window service opening of up to 432 square inches if equipped with an air curtain device or a self-closing device. The bill would authorize a passthrough window service opening that is larger than 432 square inches if equipped with both a self-closing device and an air curtain device. The bill would authorize an enforcement agency to approve alternative passthrough window or other service openings if the proposed alternative can adequately maintain exclusion of vermin or other means of contamination. The bill would require a passthrough window or other service opening to only be used for drive-thru service functions and would prohibit it from being used as an entrance or exit for employees or customers. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

 UNFINISHED BUSINESS  

Bill No: SB 918

Author: Seyarto (R), et al.

Amended: 6/11/26

Vote: 21

SENATE HEALTH COMMITTEE: 11-0, 3/25/26

AYES: Weber Pierson, Valladares, Caballero, Durazo, Gonzalez, Grove, Menjivar, Padilla, Pérez, Rubio, Smallwood-Cuevas

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 38-0, 4/16/26 (Consent)

AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

NO VOTE RECORDED: Menjivar, Seyarto

ASSEMBLY FLOOR: 70-0, 7/2/26 (Consent) - See last page for vote

SUBJECT: Food facilities: retail food safety

SOURCE: Author

DIGEST:

This bill revises the requirements for “passthrough window service openings” of a restaurant by allowing larger passthrough openings (currently limited to 432 square inches) if the passthrough window opening is equipped with both a self-closing device and an air curtain device.

Assembly Amendments of 6/11/26 delete the discretion of local enforcement agencies to approve larger passthrough openings, and instead simply requires the larger openings to adhere to the requirements to be equipped with a self-closing device and an air curtain device.

ANALYSIS:

Existing law:

1. Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [Health and Safety Code (HSC) §113700, et seq.]
2. Requires primary responsibility for the enforcement of the CalCode to be with the local enforcement agency, but provides that nothing prevents the California Department of Public Health (CDPH) from taking any necessary program or enforcement actions for the protection of public health and safety. Requires CDPH to provide technical assistance, training, standardization, program evaluation, and other services to local health agencies as necessary to ensure the uniform interpretation and application of the CalCode, when an appropriation is made for this purpose. [HSC §113713]
3. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and a church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs no more than three days in any 90-day period. [HSC §113789]
4. Requires passthrough window service openings of a food facility to be limited to 216 square inches, not closer together than 18 inches, and be provided with a solid or screened window that is equipped with a self-closing device. Additionally, permits passthrough windows of up to 432 square inches if equipped with an air curtain device. [HSC §114259.2]

This bill:

1. Deletes the requirement that passthrough windows of 216 square inches or less have a self-closing device, and instead requires the window to be closed when not in use.
2. Deletes the requirement that passthrough windows of up to 432 square inches be equipped with an air curtain device, and instead requires these windows to have either an air curtain device or a self-closing device.
3. Requires a passthrough service opening that is larger than 432 square inches to be equipped with both a self-closing device and an air curtain device.
4. Requires a passthrough window or other service opening to be used specifically for food delivery operations and not as a general entrance or exit for employees or customers.

Comments

According to the author of this bill:

“This bill will modernize California’s drive-through service rules to reflect how restaurants operate today while maintaining strong food-safety protections. Current law was built around small passthrough windows and can unintentionally block modern designs like two-lane drive-throughs from serving customers efficiently from inside the building. This forces some restaurants to use workarounds that are less safe and take longer because employees must walk out through the entrance, navigate around drive-through traffic to reach the outer lane, deliver the order, then walk back the same way. This bill updates CalCode to allow bigger drive-through openings with required safety features like air curtains and self-closing doors. The bill also clarifies that these openings may only be used for passthrough service and not as regular pedestrian entrances. This fix keeps California's health and safety rules strong while making drive-throughs work better across the state.”

Background

Background on problem this bill is addressing. According to the author, Chick-fil-A is an example of a restaurant that is seeking to better serve drive-thru customers by replacing the standard pass-through window with a larger opening that employees can use to walk food to a car in a second drive-thru lane, or to a car that is not first in line and therefore not adjacent to the pass-through window. The current maximum opening of 432 square inches equates to a window that is 18 inches wide and two feet high. However, in other states, Chick-fil-A has been approved to install a food delivery opening where the bottom half can remain closed and the top half serves as a traditional pass-through window, but the bottom half can also slide open to let the employee walk through to complete a delivery. This bill would allow a local enforcement agency to approve a larger opening as long as it has an automatic closing mechanism along with an air curtain device to prevent flies from entering the restaurant. The current language in this bill prohibits this larger opening from being used as an entrance or exit for employees or customers. However, the author has proposed amendments, that have been negotiated and agreed to by the California Conference of Directors of Environmental Health (representing local enforcement officers), to clarify that that the opening is to be used specifically for food delivery operations and not as a “general entrance or exit” for employees or customers.

Related/Prior Legislation

AB 1470 (Haney of 2025), among other provisions, contained a similar modification to the pass-through window requirements in food facilities that is contained in this bill. AB 1470 also contained provisions to modify requirements related to grease traps, and other requirements of food facilities. AB 1470 was held on the Senate Appropriations Committee suspense file.

AB 2550 (Gabriel of 2024), among other provisions, contained similar modifications to pass-through window requirements in food facilities as this bill. AB 2550 also required the Building Standards Commission to adopt building standards that reduce bathroom requirements for food facilities. AB 2550 was held on the Senate Appropriations Committee suspense file.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Committee on Appropriations minor and absorbable costs to the Department of Public Health to respond to technical assistance questions from local environmental health agencies. Minor and absorbable costs to local environmental health agencies that inspect restaurants.

SUPPORT: (Verified 7/20/26)

California Association of Environmental Health Administrators

California Restaurant Association

Southwest California Legislative Council

OPPOSITION: (Verified 7/20/26)

None received

ARGUMENTS IN SUPPORT:

This bill is supported by the Southwest California Legislative Council (SWCLC), which states that it removes unnecessarily restrictive regulations on food facility passthrough windows, providing meaningful operational relief for restaurants and drive-through businesses while maintaining appropriate health and safety standards. SWCLC states that drive-through window service is a significant part of the food service economy throughout Southwest California, and this bill modernizes outdated and overly prescriptive requirements, giving businesses greater design flexibility and allowing local enforcement agencies to approve appropriate alternative configurations, while preserving the health and safety intent of the law. The California Restaurant Association also supports this bill, stating that allowing restauranteurs to choose what pass-through window arrangements best suits their operation is essential to remaining current and maintaining a robust food service economy.

ASSEMBLY FLOOR: 70-0, 7/2/26

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Bains, Bryan, Calderon, Chen, Elhawary, Ellis, Papan, Ransom, Sanchez

Prepared by: Vincent D. Marchand / HEALTH / (916) 651-4111

7/30/26 14:49:31

**** END ****

Date of Hearing: June 24, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 918

Author:(Seyarto) – As Amended Ver:June 11, 2026

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill revises requirements for restaurant passthrough window service openings to allow larger openings, including doors equipped with food-safety protections.

Specifically, this bill:

1. Deletes a requirement that a passthrough window service opening of 216 square inches or less be equipped with a self-closing device and instead requires that the window be closed when not in use.
2. Requires a passthrough window service opening of between 216 and 432 square inches be equipped with an air curtain device or a self-closing device.
3. Requires a passthrough service opening that is larger than 432 square inches be equipped with both an air curtain device and a self-closing device.
4. Requires a passthrough service opening be used specifically for food delivery operations and not as a general entrance or exit for employees or customers.

FISCAL EFFECT:

1. Minor and absorbable costs to the Department of Public Health to respond to technical assistance questions from local environmental health agencies.
2. Minor and absorbable costs to local environmental health agencies that inspect restaurants.

COMMENTS:

1. Purpose. According to the author:

[This bill] will modernize California’s drive-through service rules to reflect how restaurants operate today while maintaining strong food-safety protections. Current law was built around small passthrough windows and can unintentionally block modern designs like two-lane drive-throughs from serving customers efficiently from inside the building. This forces some restaurants to use workarounds that are less safe and take longer because employees must walk out through the entrance, navigate around drive-through traffic to reach the outer lane, deliver the order, then walk back the same way. [This bill] updates the Retail Food Code to allow bigger drive-through openings with required safety features like air curtains and self-closing doors. The bill also clarifies that these openings may only be used for drive-through service and not as regular pedestrian entrances. This fix keeps California's health and safety rules strong while making drive-throughs work better across the state.

1. Background. The California Retail Food Code (CRFC) restricts passthrough windows to 432 square inches if equipped with an air curtain device, which, the author argues, effectively prohibits full-size sliding or swinging doors (“cockpit/hybrid doors”) from being used as drive-through openings. Restaurants with two drive-through lanes often cannot serve both lanes directly from the building. Team members must exit through a side or front employee door, walk around the building, and cross active drive-through traffic to hand food to cars in the outer lane. During peak hours, some restaurants station employees outside for extended periods to hand food directly to vehicles, which increases labor needs and puts workers at risk from moving vehicles and bad weather. Cockpit or hybrid doors allow restaurants to safely serve both drive-through lanes faster while using fewer staff outside. This bill updates the CRFC to allow restaurants to use larger drive-through service openings such as larger windows or doors if equipped with specified food safety protections: air curtains or self-closing features, or both, depending on the size of the opening.
2. Related and Prior Legislation. AB 1470 (Haney), of the current legislative session, and AB 2550 (Gabriel), of the 2024-25 Legislative Session, would have authorized a passthrough service opening of up to 432 square inches if equipped with an air curtain device or a self-closing device, among many other changes to the CRFC. Both AB 1470 and AB 2550 were held on suspense in the Senate Appropriations Committee.

Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081

Date of Hearing: June 9, 2026

ASSEMBLY COMMITTEE ON HEALTH

Mia Bonta, Chair

SBPCA Bill Id:SB 918

Author:(Seyarto) – As Amended Ver:April 6, 2026

SENATE VOTE: 38-0

SUBJECT: Food facilities: retail food safety.

SUMMARY: Revises the requirements for “passthrough window service openings” of a restaurant by allowing local enforcement agencies to approve larger passthrough openings (currently limited to 432 square inches) if the passthrough window opening is equipped with both a self-closing device and an air curtain device. Specifically, this bill:

1. Deletes an existing requirement that passthrough service windows of 216 square inches or less be equipped with a self-closing device and instead requires that the window be closed when not in use.
2. Deletes the existing requirement that passthrough windows of up to 432 square inches be equipped with an air curtain device, and instead authorizes a passthrough window service opening of between 216 square inches and 432 square inches to be approved by a local enforcement agency if equipped with an air curtain device or a self-closing device.
3. Authorizes a passthrough service opening that is larger than 432 square inches to be approved by a local enforcement agency if equipped with both a self-closing device and an air curtain device. Requires the counter surface of the service opening, if applicable, to be smooth and easily cleanable.
4. Requires a passthrough window or other service opening to be used specifically for food delivery operations and not as a general entrance or exit for employees or customers.

EXISTING LAW:

1. Establishes the California Retail Food Code (CRFC) to provide for the regulation of retail food facilities. Establishes health and sanitation standards at the state level through the CRFC, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [Health & Safety Code (HSC) § 113700, et seq.]
2. Requires primary responsibility for the enforcement of the CRFC to be with the local enforcement agency, but provides that nothing prevents the State Department of Public Health (DPH) from taking any necessary program or enforcement actions for the protection of public health and safety. Requires DPH to provide technical assistance, training, standardization, program evaluation, and other services to local health agencies as necessary to ensure the uniform interpretation and application of the CRFC, when an appropriation is made for this purpose. [HSC § 113713]
3. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including, among other things, a cottage food operation, and a church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs no more than three days in any 90-day period. [HSC § 113789]
4. Limits passthrough window service openings to 216 square inches each and prohibits the service openings from being closer together than 18 inches. Requires each opening to be provided with a solid or screened window, equipped with a self-closing device. Requires screening to be at least 16 mesh per square inch. Approves passthrough windows of up to 432 square inches if equipped with an air curtain device. Requires the counter surface of the service openings to be smooth and easily cleanable. [HSC § 114259.2]
5. Requires a person proposing to build or remodel a food facility to submit complete, easily readable plans drawn to scale, and specifications to the enforcement agency for review and to receive plan approval before starting any new construction or remodeling of a facility for use as a retail food facility. Authorizes plans and specifications to be required by the enforcement agency if the agency determines that they are necessary to ensure compliance with the CRFC, as specified. [HSC § 114380]

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, this bill will modernize California’s drive-through service rules to reflect how restaurants operate today while maintaining strong food safety protections. The author states that current law was built around small passthrough windows and can unintentionally block modern designs like two-lane drive-throughs from serving customers efficiently from inside the building. The author contends that this forces some restaurants to use workarounds that are less safe and take longer because employees must walk out through the entrance, navigate around drive-through traffic to reach the outer lane, deliver the order, then walk back the same way. The author states that this bill updates the CRFC to allow bigger drive-through openings with required safety features like air curtains and self-closing doors. The author states that this bill also clarifies that these openings may only be used for food delivery operations and not as regular pedestrian entrances. The author concludes that this fix keeps California's health and safety rules strong while making drive-throughs work better across the state.
2. BACKGROUND.
   1. CRFC. The CRFC is modeled after the federal Food and Drug Administration’s (FDA) Model Food Code (MFC), which is updated every four years to enhance food safety laws based on the best available science. Between each four-year period, the FDA makes available a Food Code Supplement that updates, modifies, or clarifies certain provisions. The MFC assists food control jurisdictions at all levels of government by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry, such as restaurants, grocery stores, and institutions like nursing homes. Forty-eight states and territories have adopted food codes patterned after the MFC, representing 80% of the United States’ population.
   2. Background on the problem this bill seeks to address. Currently, the CRFC restricts passthrough windows to 432 square inches if equipped with an air curtain device. This effectively prohibits full-size sliding or swinging doors (“cockpit/hybrid doors”) from being used as drive-through openings. According to information provided by the author, this means in practice that restaurants with two drive-through lanes often cannot serve both lanes directly from the building. Team members must exit through a side or front employee door, walk around the building, and cross active drive-through traffic to hand food to cars in the outer lane. During peak hours, some restaurants station employees outside for extended periods to hand food directly to vehicles, which increases labor needs and puts workers at risk from moving vehicles and bad weather. Other states like Utah, Nevada, Georgia, Arizona, and New Mexico allow restaurants to use full-size "cockpit doors" with built-in air curtains and automatic closing features. These doors allow restaurants to safely serve both drive-through lanes faster while using fewer staff outside.

This bill updates the CRFC to allow restaurants to use larger drive-through service openings such as larger windows or cockpit/hybrid doors as long as they have food-safety protections, specifically air curtains and/or self-closing features depending on the size of the opening.

1. SUPPORT. The California Association of Environmental Health Administrators (CAEHA) supports this bill, stating that this bill makes targeted updates to the CRFC regarding passthrough window service openings while maintaining essential public health protections. CAEHA states that this bill reflects current technology and operational realities without compromising food safety and supports uniform interpretation by local enforcement agencies and reduces compliance uncertainty for food facility operators. This balanced approach supports innovation while ensuring continued protection of community health. CAEHA states that this bill reflects recommendations developed by the California Conference of Environmental Health Directors, informed by the practical experience of local health departments responsible for implementing and enforcing the CRFC statewide. CAEHA concludes that these recommendations advance clarity and consistency while preserving strong public health safeguards.
2. RELATED LEGISLATION. AB 1915 (Gabriel) would make various changes to the CRFC related to milk, non-continuous cooking, raw animal foods, handwashing sinks, refrigeration, grease traps and grease incinerators, and passthrough service window openings. Would require the Building Standards Commission as part of its next triennial update to adopt various building standards related to restrooms, drinking fountains, cooking equipment, and dishwashers. Would establish a streamlined approval process for a local permit for a like-for-like equipment installation (the installation or replacement of substantially similar existing approved equipment) for restaurants. AB 1915 passed the Assembly Health Committee with a 16-0 vote on April 14, 2026.
3. PREVIOUS LEGISLATION.
   1. AB 2550 (Gabriel) of 2024 would have made various changes to the CRFC, including changes to grease traps, walls and ceilings, restrooms, temporary food facilities, and passthrough window service openings. Would have authorized a passthrough window service opening of up to 432 square inches if equipped with an air curtain device or equipped with a self-closing device. Would have authorized passthrough window service opening that is larger than 432 square inches if equipped with both a self-closing device and an air curtain device. Would have authorized an enforcement agency to approve alternative passthrough window or other service openings if the proposed alternative can adequately maintain exclusion of vermin or other means of contamination. AB 2550 was held on the Senate Appropriations Committee suspense file.
   2. AB 1470 (Haney) of 2025 was substantially similar to AB 2550. AB 1470 was held in the Senate Appropriations Committee suspense file.
4. AMENDMENTS. Under existing law, passthrough windows are reviewed during the plan check process to ensure they align with CRFC requirements. The language “may be approved if equipped” in this bill reads as permissive and has the potential to lead to inconsistencies in approvals across jurisdictions. To address this concern, the Committee may wish to amend this bill to replace the phrase “may be approved if equipped” with “shall be equipped” and make a technical change clarifying that the larger windows in paragraph (2) and (3) of this bill are authorized notwithstanding paragraph (1) which otherwise limits the windows to 216 square inches each.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Environmental Health Administrators (CAEHA)
California Restaurant Association
Southwest California Legislative Council

Opposition

None on file

Analysis Prepared by: Eliza Brooks / HEALTH / (916) 319-2097

Date of Hearing: June 9, 2026

ASSEMBLY COMMITTEE ON HEALTH

Mia Bonta, Chair

SBPCA Bill Id:SB 918

Author:(Seyarto) – As Amended Ver:April 6, 2026

SENATE VOTE: 38-0

SUBJECT: Food facilities: retail food safety.

SUMMARY: Revises the requirements for “passthrough window service openings” of a restaurant by allowing local enforcement agencies to approve larger passthrough openings (currently limited to 432 square inches) if the passthrough window opening is equipped with both a self-closing device and an air curtain device. Specifically, this bill:

1. Deletes an existing requirement that passthrough service windows of 216 square inches or less be equipped with a self-closing device and instead requires that the window be closed when not in use.
2. Deletes the existing requirement that passthrough windows of up to 432 square inches be equipped with an air curtain device, and instead authorizes a passthrough window service opening of between 216 square inches and 432 square inches to be approved by a local enforcement agency if equipped with an air curtain device or a self-closing device.
3. Authorizes a passthrough service opening that is larger than 432 square inches to be approved by a local enforcement agency if equipped with both a self-closing device and an air curtain device. Requires the counter surface of the service opening, if applicable, to be smooth and easily cleanable.
4. Requires a passthrough window or other service opening to be used specifically for food delivery operations and not as a general entrance or exit for employees or customers.

EXISTING LAW:

1. Establishes the California Retail Food Code (CRFC) to provide for the regulation of retail food facilities. Establishes health and sanitation standards at the state level through the CRFC, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [Health & Safety Code (HSC) § 113700, et seq.]
2. Requires primary responsibility for the enforcement of the CRFC to be with the local enforcement agency, but provides that nothing prevents the State Department of Public Health (DPH) from taking any necessary program or enforcement actions for the protection of public health and safety. Requires DPH to provide technical assistance, training, standardization, program evaluation, and other services to local health agencies as necessary to ensure the uniform interpretation and application of the CRFC, when an appropriation is made for this purpose. [HSC § 113713]
3. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including, among other things, a cottage food operation, and a church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs no more than three days in any 90-day period. [HSC § 113789]
4. Limits passthrough window service openings to 216 square inches each and prohibits the service openings from being closer together than 18 inches. Requires each opening to be provided with a solid or screened window, equipped with a self-closing device. Requires screening to be at least 16 mesh per square inch. Approves passthrough windows of up to 432 square inches if equipped with an air curtain device. Requires the counter surface of the service openings to be smooth and easily cleanable. [HSC § 114259.2]
5. Requires a person proposing to build or remodel a food facility to submit complete, easily readable plans drawn to scale, and specifications to the enforcement agency for review and to receive plan approval before starting any new construction or remodeling of a facility for use as a retail food facility. Authorizes plans and specifications to be required by the enforcement agency if the agency determines that they are necessary to ensure compliance with the CRFC, as specified. [HSC § 114380]

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, this bill will modernize California’s drive-through service rules to reflect how restaurants operate today while maintaining strong food safety protections. The author states that current law was built around small passthrough windows and can unintentionally block modern designs like two-lane drive-throughs from serving customers efficiently from inside the building. The author contends that this forces some restaurants to use workarounds that are less safe and take longer because employees must walk out through the entrance, navigate around drive-through traffic to reach the outer lane, deliver the order, then walk back the same way. The author states that this bill updates the CRFC to allow bigger drive-through openings with required safety features like air curtains and self-closing doors. The author states that this bill also clarifies that these openings may only be used for food delivery operations and not as regular pedestrian entrances. The author concludes that this fix keeps California's health and safety rules strong while making drive-throughs work better across the state.
2. BACKGROUND.
   1. CRFC. The CRFC is modeled after the federal Food and Drug Administration’s (FDA) Model Food Code (MFC), which is updated every four years to enhance food safety laws based on the best available science. Between each four-year period, the FDA makes available a Food Code Supplement that updates, modifies, or clarifies certain provisions. The MFC assists food control jurisdictions at all levels of government by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry, such as restaurants, grocery stores, and institutions like nursing homes. Forty-eight states and territories have adopted food codes patterned after the MFC, representing 80% of the United States’ population.
   2. Background on the problem this bill seeks to address. Currently, the CRFC restricts passthrough windows to 432 square inches if equipped with an air curtain device. This effectively prohibits full-size sliding or swinging doors (“cockpit/hybrid doors”) from being used as drive-through openings. According to information provided by the author, this means in practice that restaurants with two drive-through lanes often cannot serve both lanes directly from the building. Team members must exit through a side or front employee door, walk around the building, and cross active drive-through traffic to hand food to cars in the outer lane. During peak hours, some restaurants station employees outside for extended periods to hand food directly to vehicles, which increases labor needs and puts workers at risk from moving vehicles and bad weather. Other states like Utah, Nevada, Georgia, Arizona, and New Mexico allow restaurants to use full-size "cockpit doors" with built-in air curtains and automatic closing features. These doors allow restaurants to safely serve both drive-through lanes faster while using fewer staff outside.

This bill updates the CRFC to allow restaurants to use larger drive-through service openings such as larger windows or cockpit/hybrid doors as long as they have food-safety protections, specifically air curtains and/or self-closing features depending on the size of the opening.

1. SUPPORT. The California Association of Environmental Health Administrators (CAEHA) supports this bill, stating that this bill makes targeted updates to the CRFC regarding passthrough window service openings while maintaining essential public health protections. CAEHA states that this bill reflects current technology and operational realities without compromising food safety and supports uniform interpretation by local enforcement agencies and reduces compliance uncertainty for food facility operators. This balanced approach supports innovation while ensuring continued protection of community health. CAEHA states that this bill reflects recommendations developed by the California Conference of Environmental Health Directors, informed by the practical experience of local health departments responsible for implementing and enforcing the CRFC statewide. CAEHA concludes that these recommendations advance clarity and consistency while preserving strong public health safeguards.
2. RELATED LEGISLATION. AB 1915 (Gabriel) would make various changes to the CRFC related to milk, non-continuous cooking, raw animal foods, handwashing sinks, refrigeration, grease traps and grease incinerators, and passthrough service window openings. Would require the Building Standards Commission as part of its next triennial update to adopt various building standards related to restrooms, drinking fountains, cooking equipment, and dishwashers. Would establish a streamlined approval process for a local permit for a like-for-like equipment installation (the installation or replacement of substantially similar existing approved equipment) for restaurants. AB 1915 passed the Assembly Health Committee with a 16-0 vote on April 14, 2026.
3. PREVIOUS LEGISLATION.
   1. AB 2550 (Gabriel) of 2024 would have made various changes to the CRFC, including changes to grease traps, walls and ceilings, restrooms, temporary food facilities, and passthrough window service openings. Would have authorized a passthrough window service opening of up to 432 square inches if equipped with an air curtain device or equipped with a self-closing device. Would have authorized passthrough window service opening that is larger than 432 square inches if equipped with both a self-closing device and an air curtain device. Would have authorized an enforcement agency to approve alternative passthrough window or other service openings if the proposed alternative can adequately maintain exclusion of vermin or other means of contamination. AB 2550 was held on the Senate Appropriations Committee suspense file.
   2. AB 1470 (Haney) of 2025 was substantially similar to AB 2550. AB 1470 was held in the Senate Appropriations Committee suspense file.
4. AMENDMENTS. Under existing law, passthrough windows are reviewed during the plan check process to ensure they align with CRFC requirements. The language “may be approved if equipped” in this bill reads as permissive and has the potential to lead to inconsistencies in approvals across jurisdictions. To address this concern, the Committee may wish to amend this bill to replace the phrase “may be approved if equipped” with “shall be equipped”.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Environmental Health Administrators (CAEHA)
California Restaurant Association
Southwest California Legislative Council

Opposition

None on file

Analysis Prepared by: Eliza Brooks / HEALTH / (916) 319-2097

 CONSENT  

Bill No: SB 918

Author: Seyarto (R), et al.

Amended: 4/6/26

Vote: 21

SENATE HEALTH COMMITTEE: 11-0, 3/25/26

AYES: Weber Pierson, Valladares, Caballero, Durazo, Gonzalez, Grove, Menjivar, Padilla, Pérez, Rubio, Smallwood-Cuevas

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Food facilities: retail food safety

SOURCE: Author

DIGEST:

This bill revises the requirements for “passthrough window service openings” of a restaurant by allowing local enforcement agencies to approve larger passthrough openings (currently limited to 432 square inches) if the passthrough window opening is equipped with both a self-closing device and an air curtain device.

ANALYSIS:

Existing law:

1. Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [Health and Safety Code (HSC) §113700, et seq.]
2. Requires primary responsibility for the enforcement of the CalCode to be with the local enforcement agency, but provides that nothing prevents the California Department of Public Health (CDPH) from taking any necessary program or enforcement actions for the protection of public health and safety. Requires CDPH to provide technical assistance, training, standardization, program evaluation, and other services to local health agencies as necessary to ensure the uniform interpretation and application of the CalCode, when an appropriation is made for this purpose. [HSC §113713]
3. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and a church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs no more than three days in any 90-day period. [HSC §113789]
4. Requires passthrough window service openings of a food facility to be limited to 216 square inches, not closer together than 18 inches, and be provided with a solid or screened window that is equipped with a self-closing device. Additionally, permits passthrough windows of up to 432 square inches if equipped with an air curtain device. [HSC §114259.2]

This bill:

1. Deletes the requirement that passthrough windows of 216 square inches or less have a self-closing device, and instead requires the window to be closed when not in use.
2. Deletes the requirement that passthrough windows of up to 432 square inches be equipped with an air curtain device, and instead requires these windows to have either an air curtain device or a self-closing device.
3. Permits a local enforcement agency to approve a passthrough service opening that is larger than 432 square inches if it is equipped with both a self-closing device and an air curtain device.
4. Requires a passthrough window or other service opening to be used specifically for food delivery operations and not as a general entrance or exit for employees or customers.

Comments

According to the author of this bill:

This bill will modernize California’s drive-through service rules to reflect how restaurants operate today while maintaining strong food-safety protections. Current law was built around small passthrough windows and can unintentionally block modern designs like two-lane drive-throughs from serving customers efficiently from inside the building. This forces some restaurants to use workarounds that are less safe and take longer because employees must walk out through the entrance, navigate around drive-through traffic to reach the outer lane, deliver the order, then walk back the same way. This bill updates CalCode to allow bigger drive-through openings with required safety features like air curtains and self-closing doors. The bill also clarifies that these openings may only be used for passthrough service and not as regular pedestrian entrances. This fix keeps California's health and safety rules strong while making drive-throughs work better across the state.

Background

Background on problem this bill is addressing. According to the author, Chick-fil-A is an example of a restaurant that is seeking to better serve drive-thru customers by replacing the standard pass-through window with a larger opening that employees can use to walk food to a car in a second drive-thru lane, or to a car that is not first in line and therefore not adjacent to the pass-through window. The current maximum opening of 432 square inches equates to a window that is 18 inches wide and two feet high. However, in other states, Chick-fil-A has been approved to install a food delivery opening where the bottom half can remain closed and the top half serves as a traditional pass-through window, but the bottom half can also slide open to let the employee walk through to complete a delivery. This bill would allow a local enforcement agency to approve a larger opening as long as it has an automatic closing mechanism along with an air curtain device to prevent flies from entering the restaurant. The current language in this bill prohibits this larger opening from being used as an entrance or exit for employees or customers. However, the author has proposed amendments, that have been negotiated and agreed to by the California Conference of Directors of Environmental Health (representing local enforcement officers), to clarify that that the opening is to be used specifically for food delivery operations and not as a “general entrance or exit” for employees or customers.

Related/Prior Legislation

AB 1470 (Haney of 2025), among other provisions, contained a similar modification to the pass-through window requirements in food facilities that is contained in this bill. AB 1470 also contained provisions to modify requirements related to grease traps, and other requirements of food facilities. AB 1470 was held on the Senate Appropriations Committee suspense file.

AB 2550 (Gabriel of 2024), among other provisions, contained similar modifications to pass-through window requirements in food facilities as this bill. AB 2550 also required the Building Standards Commission to adopt building standards that reduce bathroom requirements for food facilities. AB 2550 was held on the Senate Appropriations Committee suspense file.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 4/14/2026)

Southwest California Legislative Council

California Restaurant Association

OPPOSITION: (Verified 4/14/2026)

None received

ARGUMENTS IN SUPPORT:

This bill is supported by the Southwest California Legislative Council (SWCLC), which states that it removes unnecessarily restrictive regulations on food facility passthrough windows, providing meaningful operational relief for restaurants and drive-through businesses while maintaining appropriate health and safety standards. SWCLC states that drive-through window service is a significant part of the food service economy throughout Southwest California, and this bill modernizes outdated and overly prescriptive requirements, giving businesses greater design flexibility and allowing local enforcement agencies to approve appropriate alternative configurations, while preserving the health and safety intent of the law. The California Restaurant Association also supports this bill, stating that allowing restauranteurs to choose what pass-through window arrangements best suits their operation is essential to remaining current and maintaining a robust food service economy.

Prepared by: Vincent D. Marchand / HEALTH / (916) 651-4111

4/14/26 16:16:03

**** END ****

SENATE COMMITTEE ON HEALTH

Senator Dr. Akilah Weber Pierson, Chair

BILL NO: SB 918

SUBJECT: Food facilities: retail food safety

SUMMARY:

Revises the requirements for “passthrough window service openings” of a restaurant by allowing local enforcement agencies to approve larger passthrough openings (currently limited to 432 square inches) if the passthrough window opening is equipped with both a self-closing device and an air curtain device.

Existing law:

1. Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [HSC §113700, et seq.]
2. Requires primary responsibility for the enforcement of the CalCode to be with the local enforcement agency, but provides that nothing prevents the California Department of Public Health (CDPH) from taking any necessary program or enforcement actions for the protection of public health and safety. Requires CDPH to provide technical assistance, training, standardization, program evaluation, and other services to local health agencies as necessary to ensure the uniform interpretation and application of the CalCode, when an appropriation is made for this purpose. [HSC §113713]
3. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and a church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs no more than three days in any 90-day period. [HSC §113789]
4. Requires passthrough window service openings of a food facility to be limited to 216 square inches, not closer together than 18 inches, and be provided with a solid or screened window that is equipped with a self-closing device. Additionally, permits passthrough windows of up to 432 square inches if equipped with an air curtain device. [HSC §114259.2]

This bill:

1. Deletes the requirement that passthrough windows of 216 square inches or less have a self-closing device, and instead requires the window to be closed when not in use.
2. Deletes the requirement that passthrough windows of up to 432 square inches be equipped with an air curtain device, and instead requires these windows to have either an air curtain device or a self-closing device.
3. Permits a local enforcement agency to approve a passthrough service opening that is larger than 432 square inches if it is equipped with both a self-closing device and an air curtain device.
4. Prohibits a passthrough window or other service opening from being used as an entrance or exit for employees or customers.

FISCAL EFFECT:

This bill has not been analyzed by a fiscal committee.

COMMENTS:

1. Author’s statement. According to the author, this bill will modernize California’s drive-through service rules to reflect how restaurants operate today while maintaining strong food-safety protections. Current law was built around small passthrough windows and can unintentionally block modern designs like two-lane drive-throughs from serving customers efficiently from inside the building. This forces some restaurants to use workarounds that are less safe and take longer because employees must walk out through the entrance, navigate around drive-through traffic to reach the outer lane, deliver the order, then walk back the same way. This bill updates CalCode to allow bigger drive-through openings with required safety features like air curtains and self-closing doors. The bill also clarifies that these openings may only be used for passthrough service and not as regular pedestrian entrances. This fix keeps California's health and safety rules strong while making drive-throughs work better across the state.
2. Background on problem this bill is addressing. According to the author, Chick-fil-A is an example of a restaurant that is seeking to better serve drive-thru customers by replacing the standard pass-through window with a larger opening that employees can use to walk food to a car in a second drive-thru lane, or to a car that is not first in line and therefore not adjacent to the pass-through window. The current maximum opening of 432 square inches equates to a window that is 18 inches wide and two feet high. However, in other states, Chick-fil-A has been approved to install a food delivery opening where the bottom half can remain closed and the top half serves as a traditional pass-through window, but the bottom half can also slide open to let the employee walk through to complete a delivery. This bill would allow a local enforcement agency to approve a larger opening as long as it has an automatic closing mechanism along with an air curtain device to prevent flies from entering the restaurant. The current language in the bill prohibits this larger opening from being used as an entrance or exit for employees or customers. However, the author has proposed amendments, that have been negotiated and agreed to by the California Conference of Directors of Environmental Health (representing local enforcement officers), to clarify that that the opening is to be used specifically for food delivery operations and not as a “general entrance or exit” for employees or customers.
3. Prior legislation. AB 1470 (Haney of 2025), among other provisions, contained a similar modification to the pass-through window requirements in food facilities that is contained in this bill. AB 1470 also contained provisions to modify requirements related to grease traps, and other requirements of food facilities. AB 1470 was held on the Senate Appropriations Committee suspense file.
   
   AB 2550 (Gabriel of 2024), among other provisions, contained similar modifications to pass-through window requirements in food facilities as this bill. AB 2550 also required the Building Standards Commission to adopt building standards that reduce bathroom requirements for food facilities. AB 2550 was held on the Senate Appropriations Committee suspense file.
4. Support. This bill is supported by the Southwest California Legislative Council (SWCLC), which states that it removes unnecessarily restrictive regulations on food facility passthrough windows, providing meaningful operational relief for restaurants and drive-through businesses while maintaining appropriate health and safety standards. SWCLC states that drive-through window service is a significant part of the food service economy throughout Southwest California, and this bill modernizes outdated and overly prescriptive requirements, giving businesses greater design flexibility and allowing local enforcement agencies to approve appropriate alternative configurations, while preserving the health and safety intent of the law. The California Restaurant Association also supports this bill, stating that allowing restauranteurs to choose what pass-through window arrangements best suits their operation is essential to remaining current and maintaining a robust food service economy.
5. Proposed amendments. The author has proposed amendments, requested by Chick-fil-A and agreed to by the California Conference of Directors of Environmental Health, that do the following:

(b) A passthrough window or other service opening shall be used specifically for food delivery operations and not as a general not be used as an entrance or exit for employees or customers.

SUPPORT AND OPPOSITION:

Support: Southwest California Legislative Council

California Restaurant Association

Oppose: None received

-- END --