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Ch.415 —6— employee does not include an immediate family member or household member of the cottage food operator. (2) "Cottage food operator"means an individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation. (3) "Cottage food products" means nonpotentially hazardous foods, including foods that are described in Section 114365.5 and that are prepared for sale in the kitchen of a cottage food operation. (4) "Direct sale"means a transaction between a cottage food operation 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 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) "Private home" means a dwelling, including an apartment or other leased space,where individuals reside. (7) "Registered or permitted area"means the 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 attached rooms within the home that are used exclusively for storage. SEC. 8. Section 113789 of the Health and Safety Code is amended to read: 113789. (a) "Food facility" means an operation that stores, prepares, packages,serves,vends,or otherwise provides food for human consumption at the retail level, including,but not limited to, the following: (1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food. (2) Any place used in conjunction with the operations described in this subdivision,including,but not limited to,storage facilities for food-related utensils,equipment, and materials. (b) "Food facility"includes permanent and nonpermanent food facilities, including,but not limited to,the following: (1) Public and private school cafeterias. (2) Restricted food service facilities. (3) Licensed health care facilities. (4) Commissaries. (5) Mobile food facilities. (6) Mobile support units. (7) Temporary food facilities. 90