(

a) No retail food production and marketing establishment shall advertise, label, or otherwise hold out as fresh any meat or fish that has been previously frozen. (

b) For purposes of this section: (1) “Frozen” means any meat or fish stored in a room or compartment in which the temperature is plus five degrees Fahrenheit or lower. (2) “Retail food production and marketing establishment” means any room, building, or place, or portion thereof, maintained, used, or operated for, or in conjunction with, the retail sale of food, or preparation of food. “Retail food production and marketing establishment” does not include any food facility, such as any “mobile food preparation unit” any “vehicle,” and any “vending machine” as defined in

Chapter 4 (commencing with

Section 113700) of

Part 7; any wholesale food manufacturing, distributing, or storage establishment, including, but not limited to, the licensed premises or branch office of any winegrower, any brandy manufacturer, or any wine blender, subject to

Chapter 4 (commencing with

Section 111950) of

Part 6; any frozen food locker plant subject to

Chapter 7 (commencing with

Section 112500) of

Part 6; any health facility subject to

Chapter 2 (commencing with

Section 1250) of Division and

Section 127050; any community care facility subject to

Chapter 3 (commencing with

Section 1500) of Division 2; or any “official establishment” subject to

Chapter 4 (commencing with

Section 18650) of Part of Division of the Food and Agricultural Code. (

c) On and after the effective date of the act that added this subdivision to this

section during the 1993–94 Regular Session,

Section of the Food and Agricultural Code shall apply, to the exclusion of any provision of this section, with respect to the advertising, labeling, or otherwise holding out, of poultry.