Loading...
(a) If the Director determines that a food facility is operating without a permit required by the CRFC the Director may order the person who owns or operates the facility to close immediately. In addition to taking any legal action authorized by law to compel a facility owner or operator to cease operating without a permit, the Director may post a notice of closure at or on a food facility operating without a permit, advising the public that the facility does not have a permit to sell food.
(b) The Director may also post a notice of closure on a food facility:
(1) When the Director orders the facility to close due to an imminent health hazard that the food facility does not immediately correct.
(2) When the Director suspends or revokes the facility's permit.
(c) No person other than the Director shall remove a notice posted by the Director pursuant to this section.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) A mobile food facility permit holder shall pass an annual certification inspection at the same time the permit holder renews the annual permit or at a later date that the Department designates. A mobile food facility permit holder that passes inspection shall be issued a certification sticker, which the permit holder shall display on the mobile food facility at all times. If the mobile food facility permit holder fails to timely complete the annual inspection process the permit holder shall pay a late fee of 50% of the cost of the permit. No person shall operate or allow another person to operate a mobile food facility unless the facility passes the annual inspection. The mobile food facility may also be inspected in the field as authorized by the Director.
(b) The Director may establish a program to ensure that Mobile Food Facilities can be efficiently located in the field for inspections and grading, and may implement that program through permitting conditions.
A current list of locations at which a mobile food permit holder will operate shall be submitted to the Department along with a current cell phone number. the Department shall be notified in a timely manner whenever a change is made.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) No person shall rent or lease equipment, tableware or utensils to a catering operation or to the public without a miscellaneous food facility permit issued by the Department for that operation.
(b) No person shall rent or lease equipment, tableware or utensils to a catering operation or to the public unless it complies with the following requirements:
(1) The equipment is stored in a building that complies with the requirements the CRFC requires a food facility to comply with for storing equipment in a building.
(2) The tableware and utensils have been cleaned and sanitized by the same methods the CRFC requires a food facility to follow.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10452 (N.S.), effective 1-13-17; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10786 (N.S.), effective 7-1-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Except as provided in subsection (f) of this section no person shall employ a person as a food handler in a food facility unless the food handler: (1) has been issued a current food handler training certificate as provided in subsection (b) or (c) of this section, or (2) is supervised by a food safety certified owner or employee pursuant to the CRFC and has passed a food handler test, as described in subsection (d) below. A person may employ a food handler, however, who for the first ten days of employment has not passed the food handler test.
(b) A person the Director authorizes may issue a food handler training certificate to a person who successfully completes a three hour food sanitation training course and scores a grade of 80% or higher on a proficiency test, provided the Director approves the instructor, the course and the test. The person seeking authorization from the Department to issue certificates shall pay the fee specified in section 65.107 of this code. To be approved, the course of instruction shall include all of the following subjects:
(1) Major causes of foodborne illness.
(2) Time and temperature control of potentially hazardous foods.
(3) Proper employee health and hygiene practices.
(4) Methods to protect food from contamination.
(5) Required consumer advisories.
(6) Approved food sources.
(7) Washing and sanitizing of utensils and equipment.
(8) Pest control.
(c) A food handler training certificate shall be valid for three years from the date it is issued. A person issued a food handler training certificate continuing employment at the food facility shall obtain a new certificate every three years. The Director or a person the Director authorizes may renew a food handler training certificate for additional three year periods if the food handler is trained and able to obtain a score of 80% or higher on the proficiency test at renewal time. The Director may also require a person with a food handler training certificate to retake the training certificate course or retake and pass the proficiency test after less than three years from the date the certificate is issued.
(d) A food safety certified owner or employee, after covering fundamental principles of food safety practices, may administer a food handler test that the Director prepares. A grade of 80% or higher is a passing grade. The food handler's passing test score shall be valid for three years from the test date or until the food handler ceases working as a food handler at the facility. A food handler continuing employment at the facility shall obtain a passing grade on the food handler test every three years. The Director may require a food handler to retake the test after less than three years.
(e) [Reserved.]
(f) Notwithstanding the requirements of this section, the Director may allow the owner or operator of a temporary food facility to employ a food handler who does not have a current food handler certificate or who has not passed the food handler test within the last three years if: (1) the temporary food facility complies with H & S Code section 113947.1(c) and (2) the food handler is able to demonstrate adequate knowledge of food safety principles related to the operation of the temporary food facility. If a temporary food facility operator has passed the approved and accredited food safety certification examination specified in H & S code sections 113947.2 and 113947.3 the temporary food facility may apply for an annual temporary food facility permit rather than having to obtain a temporary event permit for each temporary event the facility participates in.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10350 (N.S.), effective 9-5-14; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The permit holder of a food facility shall maintain at the food facility a complete list of all food handlers and food safety certificate holders the facility employs. The permit holder shall also maintain a copy of any employed food handler's current: (a) food handler training certificates, (b) food handler test and (c) food safety certificate required by the CRFC. The Director may inspect any of these records the permit holder is required to maintain at the facility whenever the facility is open for business.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Cottage Food Operations (CFOs) whose potable water supply comes from a private well shall submit with their permit application sample results verifying the water supply meets at minimum a "Transient Non-Community Water System" standard, as defined in HSC Section 116275(o). Sample results shall include nitrate, nitrite, bicarbonate, carbonate and hydroxide alkalinity, calcium, iron, magnesium, manganese, pH, specific conductance, sodium, total hardness and bacteriological water quality.
(b) CFOs whose permits are initially approved shall submit annually with the CFO permit renewal, updated nitrate, nitrite and bacteriological water sample results that show the water supply continues to meet "Transient Non-Community Water System" potable water standards. CFOs served by a public water system with groundwater sources shall submit documentation that water supply meets at minimum Transient Non-Community water quality standards.
(c) Transactions at up to two CMFOs operated by a CFO shall not count toward the annual gross sales restrictions in HSC Section 113758 applicable to CFOs.
(Added by Ord. No. 10786 (N.S.), effective 7-1-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)