SEC. 61.228. RELEASE FROM IMPOUND OR EMBARGO.

   The Director shall commence proceedings for the release of any food, equipment, or utensil that has been embargoed or impounded, or to seek administrative or legal remedy for its disposition, within 30 days of such action. It is unlawful for any person to make any disposition of embargoed food or impounded equipment or utensils other than that ordered by the Director.

(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

SEC. 61.229. RESPONSIBILITY FOR VIOLATIONS.

   The owner, manager or operator of any wholesale food warehouse is responsible for any violation of this chapter by his or her employee.

(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

SEC. 61.230. ENFORCEMENT HEARING PROCEDURES OTHER THAN FOR PERMIT SUSPENSIONS OR REVOCATIONS.

   Hearings regarding non-compliance with this chapter that the Director does not propose be resolved through a permit suspension or revocation shall be held in the following manner:

   (a)   Director requirement. The Director may require the owner, operator or manager of a wholesale food warehouse to attend an administrative hearing before a departmental hearing officer pursuant to Section 61.109 of this code, to discuss violations of this chapter, disposition of embargoed or impounded items, risks and risk reduction at the facility or other significant issue related to food facilities.

   (b)   Request of facility owner, operator or manager. The owner, operator or manager of a wholesale food warehouse may request an administrative hearing before a departmental hearing officer pursuant to Section 61.109 of this code to discuss events related to the enforcement of this chapter at his or her food facility. Such events include notices to comply, notices of violation, risk management plan provisions, and disposition of embargoed or impounded items. The owner, operator or manager must submit a request for a hearing within 15 days after the event. A failure to request a hearing within 15 days of the event shall be deemed a waiver of the right to a hearing. The hearing shall be held within 15 days of the receipt of the request for a hearing. When circumstances warrant, the departmental hearing officer may order a hearing at a reasonable time within this 15-day period to expedite the permit suspension or revocation process.

   (c)   Hearing rules and procedures and appeals are pursuant to Section 61.109 of this code.

(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 9858 (N.S.), effective 5-25-07; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

SEC. 61.231. FOOD HANDLING.

   All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, and kept for sale so as to be pure, free from contamination, adulteration, and spoilage; shall have been obtained from approved sources; shall otherwise be fully fit for human consumption; and shall conform to the applicable federal and state laws and regulations including: Good Manufacturing Practices; the Food Sanitation Act; Sherman Food, Drug and Cosmetic Law; the California Business and Professions Code; and applicable sections of Title 17 of the California Code of Regulations. Preparation of food at wholesale shall only take place within a facility approved by and under the jurisdiction of the appropriate state or federal agency. Preparation of food includes the wholesale packaging or processing of unpackaged food, but does not include the trimming of or packaging of whole uncut produce.

(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

SEC. 61.232. TEMPERATURE REQUIREMENTS.

   Potentially hazardous foods shall be maintained at a temperature at or below 41 degrees Fahrenheit or at or above 135 degrees Fahrenheit, except for the following:

   (a)   Unshucked live molluscan shellfish shall not be stored or displayed at a temperature above 45 degrees Fahrenheit.

   (b)   Frozen foods shall be maintained in a frozen state.

   (c)   Pasteurized milk and pasteurized milk products in original, sealed containers shall not be held at a temperature above 45 degrees Fahrenheit.

   (d)   Raw shell eggs shall not be stored or displayed at an ambient temperature above 45 degrees Fahrenheit.

(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 9662 (N.S.), effective 8-14-04; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

SEC. 61.233. ICE.

   When ice is used in contact with food, it shall be made from water that is safe and of adequate sanitary quality and shall be used only if it has been manufactured in accordance with Good Manufacturing Practices.

(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

SEC. 61.234. EMPLOYEE SANITARY PRACTICES.

   No employee shall commit any act that may result in contamination or adulteration of any food, food contact surface, food packing material, utensil, or equipment.

(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

SEC. 61.235. GENERAL SANITATION REQUIREMENTS.

   All wholesale food warehouses including all equipment, utensils, facilities, and exterior grounds shall be kept clean, free from vermin, fully operative, and in good repair.

(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10927 (N.S.), effective 1-10-25)