The Department of Environmental Health and Quality shall be and is hereby authorized and empowered to make inspections and issue permits to the owners and/or operators of wholesale food warehouses that hold or distribute food at wholesale.
(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Whenever in this article the following terms are used, they shall have the meanings respectively ascribed to them in this section:
(a) ADULTERATED. Having been made impure by the addition of any poisonous or deleterious substance; or in the case of food, foodstuffs that have been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated or rendered unwholesome, diseased or injurious to health.
(b) APPROVED. Acceptable to the Director based upon a determination of conformity with applicable laws, or in the absence of applicable laws, with current public health principles, practices and generally recognized industry standards that protect the public health.
(c) APPROVED SOURCE. A producer, manufacturer, distributor, or food establishment that is acceptable to the Director based on the determination of conformity with applicable laws, or in the absence of applicable laws, with current health principles and practices, and generally recognized industry standards that protect public health.
(d) DEPARTMENT. For the purposes of this chapter, "Department" shall mean the Department of Environmental Health and Quality.
(e) DIRECTOR. For the purposes of this chapter, "Director" shall mean the Director of the Department of Environmental Health of San Diego County and his/her designees.
(f) EMBARGO. The legal control exercised by the Director over the use, sale, disposal or removal of any food.
(g) EMPLOYEE. Any person working in a wholesale food warehouse, including managers and/or owners.
(h) FOOD. Any raw or processed substance, ice, beverage, including water, or ingredient intended to be used as food, drink, confection or condiment for human or animal consumption.
(i) GOOD MANUFACTURING PRACTICES. The practices for manufacturing, packing, or holding food described in Title 21 of the Code of Federal Regulations, Part 110.
(j) IMMEDIATE DANGER TO THE PUBLIC HEALTH OR SAFETY. For the purposes of this section, any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission; a hazardous condition, including, but not limited to, unsafe food temperature, sewage contamination, no potable water supply, and vermin infestation; or an employee who is a carrier of a communicable disease. Any food facility for which the permit is suspended shall close and remain closed until authorized to reopen by the Director or Health Officer.
(k) IMPOUND. The legal control exercised by the Director over the use, sale, disposal or removal of any equipment or utensil.
(l) POTENTIALLY HAZARDOUS FOOD. Any food that is capable of (1) supporting rapid and progressive growth of infectious or toxigenic microorganisms that may cause food infections or food intoxications or (2) supporting the growth or toxic production of Clostridium botulinum. "Potentially hazardous food" does not include foods that have a pH level of 4.6 or below; foods that have a water activity (aw) value of 0.85 or less under standard conditions; food products in hermetically sealed containers processed to prevent spoilage; or food that has been shown by appropriate microbial challenge studies, the results of which are approved by the Director, not to support the rapid and progressive growth of infectious, toxigenic microorganisms that may cause food infections or food intoxications, or the growth of Clostridium botulinum.
(m) REMODEL. For purposes of this chapter, remodel means any replacement, significant modification, or installation of walk-in refrigerators or freezers, toilet rooms, and sinks used for utensil washing.
(n) WHOLESALE FOOD WAREHOUSE. Any place, building, structure, room or portion thereof, where food is commercially distributed, stored, or held for transfer. "Wholesale Food Warehouse" does not include food processing establishments, retail food facilities, or warehouses where only packaged beverages or food in sealed cans or bottles is received, stored and shipped in the same package as received, without opening or modifying the original package.
(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Any person who violates this chapter is guilty of a misdemeanor. Each offense shall be punished by a fine not less than $25 or more than $1000 or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Every day any violations of this chapter shall continue shall constitute a separate and distinct offense.
(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Every wholesale food warehouse kept, maintained or operated in violation of this chapter, and all food produced, prepared, manufactured, packed, stored, kept, sold, distributed or transported in violation of this chapter is declared a public nuisance. The Director is authorized and empowered to take such action as is necessary to abate the nuisance. In the event that immediate action is necessary to preserve or protect the public health or safety, the Director is authorized and empowered to summarily abate such nuisance by any reasonable means; otherwise, the Director shall inaugurate proceedings in accordance with Section 11.116, the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 (commencing with Section 16.201) of this Code, or shall seek a court order abating the nuisance. Nothing contained in this Code shall be deemed to limit the right and duty of the Director to take immediate action in the interests of the public health, safety and welfare. The remedies authorized by this section are not exclusive, but are cumulative to other remedies provided by law.
(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
A wholesale food warehouse shall not store, distribute, transport, ship, or otherwise handle food without all necessary permits, including a valid health permit. A wholesale food warehouse operating without the requisite permit may be subject to closure.
(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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