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(a) Definitions. For purposes of this Section:
(1) "Cottage food operation" means:
(A) an enterprise in a private home that has not more in gross annual sales as follows:
for 2013 - $35,000 or less;
for 2014 - $45,000 or less;
for 2015 - $50,000 or less.
Commencing in 2015, and each subsequent year thereafter, the enterprise shall not have more than fifty thousand dollars ($50,000) in gross annual sales in the calendar year; and
(B) is operated by a cottage food operator, and has not more than one full-time equivalent employee, not including the cottage food operator and immediate family or household members of the cottage food operator; and
(C) where food products are prepared or packaged for direct and/or indirect sale to the public.
(2) "Cottage food operator" means a person who maintains a cottage food operation in his or her private home. Cottage food operators are categorized as follows:
(A) Class A cottage food operators may engage only in direct sales of cottage food products to the consumer. A cottage food operation maintained by this category of cottage food operator is known as a Class A cottage food operation.
(B) Class B cottage food operators may engage in direct sales and indirect sales of cottage food products. A cottage food operation maintained by this category of cottage food operator is known as a Class B cottage food operation.
(3) "Cottage food product" means foods that are not potentially hazardous as determined by the California Department of Public Health ("CDPH"), as set forth in California Health & Safety Code Section 114365.5.
(4) "Direct sale" means a transaction between a cottage food 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 California Health & Safety Code 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) "Registered or permitted area" means that 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 the attached rooms within the home that are used exclusively for storage of said products, ingredients, and/or equipment.
(b) Both Class A and Class B cottage food operators must:
(1) Complete a food handling/ processing course; and
(2) Prepare only foods approved by the CDPH; and
(3) Label cottage food products in accordance with state and federal regulations; and
(4) Meet the food preparation and sanitation requirements set forth in California Health & Safety Code Section 114365, et seq., or any successor provisions; and
(5) Comply with all applicable zoning requirements; and
(6) Obtain all necessary business licenses and permits.
(c) A Class A cottage food operation shall register annually with the San Francisco Department of Public Health ("Department"), pay the annual registration fee, and certify, under penalty of perjury, that it complies with state law requirements for the operation of such businesses as set forth in the California Retail Food Code, Health & Safety Code Sections 114365, et seq., or any successor provisions, and regulations promulgated by the CDPH.
(d) A Class B cottage food operation shall obtain a permit from the Department, which must be renewed annually, and pay the initial application fee and annual permit fees. For the permit to be issued, the Class B cottage food operator shall certify, under penalty of perjury, that it complies with state law requirements for the operation of such businesses as set forth in the California Retail Food Code, Health & Safety Code Sections 114365, et seq., and regulations promulgated by the CDPH. As a condition of the permit being renewed annually, the Class B cottage food operator shall annually make the same certification, under penalty of perjury.
(e) The Department may inspect the registered area of a Class A cottage food operation or the permitted area of a Class B food operation only in response to a consumer complaint, or if the Department reasonably suspects that adulterated or unsafe food has been produced, or reasonably suspects that the cottage food operation has violated California food safety laws.
(f) Registration as a Class A cottage food operation, or a permit for operation of a Class B cottage food operation, is valid only for the person, location, type of food sales, and distribution activity specified on the registration or permit for the time period specified, and is not transferable.
(g) Registration as a Class A cottage food operation, or a permit for a Class B cottage food operation, may be suspended or revoked for violation of state law. For a prospective suspension or revocation, the Director of the San Francisco Department of Public Health ("Director") shall issue a written notice to the cottage food operator specifying the alleged violation(s) and advising the cottage food operator of a right to a hearing. The cottage food operator shall request a hearing, in writing, within 15 calendar days after receipt of the notice. Failure to request a hearing within 15 calendar days, shall be deemed a waiver of the right to a hearing. The hearing shall be held within 15 calendar days of the request for the hearing.
(h) If the Director finds an imminent health hazard, unless the hazard is immediately corrected, the Director may temporarily suspend registration as a Class A cottage food operation, or a permit for a Class B cottage food operation, and order the cottage food operation to immediately close. The Director shall issue a written Notice of Violation setting forth the basis for such action, and provide the permit holder or practitioner with the right to a hearing, as set forth in subsection (g), above.
(Added by Ord. 96-13
, File No. 130244, App. 5/31/2013, Eff. 6/30/2013)
No employer shall require, permit or suffer any person to work, nor shall any person work, in a building, room, basement, cellar, place or vehicle, occupied or used for the production, preparation, manufacture, packing, storage, sale, distribution or transportation of food, who is afflicted or affected with or who is a carrier of any venereal disease, smallpox, diphtheria, scarlet fever, yellow fever, tuberculosis, consumption, bubonic plague, Asiatic cholera, leprosy, trachoma, typhoid fever, epidemic dysentery, measles, mumps, German measles, whooping cough, chicken pox, or any other infectious or contagious disease.
The rules and regulations to be issued by said Director, shall, among other matters, provide for the following:
(a) Suitable ducts in said kitchens and elimination of obnoxious and disagreeable odors from said public eating places;
(b) Suitable hoods for ranges;
(c) Proper ventilation for kitchens and dining rooms;
(d) Basements and storerooms to be dry, clean and sanitary;
(e) Regulation of refrigeration and storage of foodstuffs;
(f) Installation and maintenance of proper sanitary plumbing;
(g) Handling, storage and dispensing of milk;
(h) Receptacles for soiled linen, use of clean linens and laundering thereof;
(i) Methods and manner of dishwashing;
(j) Collection and disposition of garbage and proper receptacle and containers therefor;
(k) Adequate toilet facilities and the location of water closets, dressing rooms, lockers and wash basins;
(l) Cleanliness of the premises, utensils and towels.
(Repealed by Ord. 233-08, File No. 080621, App. 10/30/2008)
“Closed Placard” means a red placard issued by a County Environmental Health Inspector to a Food Preparation and Service Establishment at the conclusion of a Routine or Scheduled Inspection in which one or more Major Violations that may pose an Imminent Health Hazard are documented, which violations, or subset thereof, are not corrected at the time of the inspection, as set forth in the Food Inspection Report.
“Conditional Pass Placard” means a yellow placard issued by a County Environmental Health Inspector to a Food Preparation and Service Establishment at the conclusion of a Routine or Scheduled Inspection in which two or more Major Violations that may pose an Imminent Health Hazard are documented, which violations are corrected at the time of the inspection, as set forth in the Food Inspection Report.
“Food Inspection Report” means the written notice prepared and issued by a County Environmental Health Inspector after conducting an inspection of a Food Preparation and Service Establishment to determine compliance with all applicable Federal, State, and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.
“Imminent Health Hazard” has the meaning set forth in California Health and Safety Code Section 113810, as amended from time to time.
“Major Violation” has the meaning set forth in California Health and Safety Code Section 113821, as may be amended from time to time.
“Notice of closure” means a public notice that may be posted by a county environmental health inspector at a Food Preparation and Service Establishment upon suspension or revocation of the establishment’s public health permit to operate and that results in the immediate closure of the establishment and the discontinuance of all operations of the Food Preparation and Service Establishment, by order of a County Environmental Health Inspector, because of violations of applicable Federal, State, or local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.
“Pass Placard” means a green placard issued by a County Environmental Health Inspector to a Food Preparation and Service Establishment at the conclusion of a Routine or Scheduled inspection in which no more than one Major Violation that may pose an Imminent Health Hazard is documented, which violation is corrected at the time of the inspection, as set forth in the Food Inspection Report.
“Placard” means a Closed Placard, a Conditional Pass Placard, or a Pass Placard.
“Routine Inspection” means a periodic, unannounced inspection of a Food Preparation and Service Establishment to determine compliance with all applicable Federal, State and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A Routine Inspection shall not mean an inspection conducted by a County Environmental Health Inspector to determine compliance with a previously issued Food Inspection Report or any interim inspection conducted to determine compliance with specific regulations or legal requirements.
“Scheduled Inspection” means an announced inspection of a Food Preparation and Service Establishment that is scheduled for the purpose of following up on a Routine inspection, and where a food safety evaluation is made and a new Placard may be issued.
(Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
(a) Upon issuance of a Placard by a County Environmental Health Inspector, the Food Preparation and Service Establishment shall post the Placard on the premises of the establishment so as to be clearly visible to patrons of the establishment.
(b) Food Preparation and Service Establishments that are not issued a Placard by a County Environmental Health Inspector shall not post a Placard on the premises of the establishment.
(c) Food Preparation and Service Establishments, whether issued a Placard or not, must make the Food Inspection Report available to the general public and patrons for review upon request.
(d) The Department of Public Health shall strive to make all current Food Inspection Reports of Food Preparation and Service Establishments available on the Department’s website as soon as is practicable.
(e) Once required to be posted, the Placard shall not be defaced, marred, camouflaged, hidden, or removed by the Food Preparation and Service Establishment until superseded. It is unlawful to operate a Food Preparation and Service Establishment unless the Placard is in place as set forth hereunder. Removal of (or defacement, marring, camouflaging, or hiding of) the Placard from its required place on the premises is a violation of Sections 456 et seq. and may result in the suspension or revocation of the Public Health Permit to operate, as specified in Section 456.3, and is punishable, as specified in Section 456.4.
(f) Every Food Preparation and Service Establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establishment: Any public health concerns regarding this establishment should be directed to the Department of Public Health, Environmental Health Section located at: 1390 Market Street, Suite 210, San Francisco, CA, 94102, (415) 252-3800.
(g) The Food Preparation and Service Establishment shall keep the current Food Inspection Report until such time as a County Environmental Health Inspector completes the next Routine or Scheduled Inspection of the establishment and issues a new Food Inspection Report.
(Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
A Placard shall remain valid until a County Environmental Health Inspector completes the next Routine or Scheduled Inspection of the Food Preparation and Service Establishment.
(Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
(a) Nothing in Sections 456 et seq. shall prohibit a County Environmental Health Inspector from immediately closing any Food Preparation and Service Establishment if, in the Inspector’s discretion, immediate closure is necessary to protect the public health.
(b) Upon issuance of a written notice of suspension or revocation of the Public Health Permit to operate by a County Environmental Health Inspector, the Inspector shall post a Closed Placard at the Food Preparation and Service Establishment so as to be clearly visible to the general public and to patrons.
(c) Upon issuance of the written notice of suspension or revocation of the Public Health Permit to operate by a County Environmental Health Inspector and posting of a Closed Placard, the Food Preparation and Service Establishment shall immediately close to the general public and to patrons and shall discontinue all operations until the Public Health Permit to operate has been reissued or reinstated by order of a County Environmental Health Inspector or until the establishment no longer operates as a Food Preparation and Service stablishment1
.
(d) The Closed Placard shall remain posted until removed by a County Environmental Health Inspector. Removal of the Closed Placard by any person other than a County Environmental Health Inspector or the refusal of a Food Preparation and Service Establishment to close upon issuance of the written notice of suspension of the Public Health Permit to operate is a violation of Sections 456 et seq. and may result in the suspension or revocation of the Food Preparation and Service Establishment’s Public Health Permit to operate and shall be punishable as specified in Section 456.4.
(Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
CODIFICATION NOTE
(a) Criminal Penalties. Any person violating any of the provisions of Sections 456 et seq., inclusive, of this Article 8 on more than three occasions within a twelve-month period, or violating Sections 451 through 454, inclusive, shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10 and not in excess of $500, or by imprisonment in the County Jail for a term not exceeding 100 days, or by both such fine and imprisonment.
(b) Administrative Penalties. Any firm, association, company, or corporation violating any of the provisions of Sections 456 et seq., inclusive, of this Article 8 shall be subject to administrative penalties imposed by the Director of Health. For a violation of subsection (c) or (d) of Section 456.3, the Director may assess an administrative penalty of not less than $200 and not more than $1,000. For all other violations of Sections 456 et seq., he1
Director may assess an administrative penalty not exceeding $50 for a first violation; not exceeding $100 for a second violation; and not exceeding $200 for the third and each subsequent violation of Sections 456 et seq.
(c) Before imposing an administrative penalty, the Director must serve upon the firm, association, company, person, or corporation with responsibility for the Food Preparation and Service Establishment (hereinafter, “Responsible Party”) a notice of initial determination. The notice shall state the proposed administrative penalty and the basis for the Director’s initial determination, including the alleged acts or failures to act that constitute a basis for the administrative penalty. The notice shall inform the Responsible Party that it has the right to request administrative review of the penalty within 15 days of receipt of the notice. Where the Director has determined that continued operation of the Food Preparation and Service Establishment poses a threat to public health, the notice of initial determination may also require that the establishment cease and desist from all food preparation and service activity.
(d) If no request for review of the Director’s decision is filed with the Department of Public Health within the appropriate period, the decision shall be deemed final and shall be effective 15 days after the notice of initial determination was served on the Responsible Party. The Director shall thereafter issue an Order imposing an administrative penalty and serve it upon the party served with the notice of initial determination. Payment of any administrative penalty is due within 30 days of service of the Director’s Order. Any administrative penalty assessed and received in an action brought under this Article 8 shall be paid to the Treasurer of the City. The Responsible Party against whom an administrative penalty is imposed also shall be liable for the costs and attorney’s fees incurred by the City in bringing any civil action to enforce the provisions of this Section 456.4, including obtaining a court order requiring payment of the administrative penalty.
(e) If the Responsible Party files a timely request for review of the Director’s decision with the Department of Public Health, the Director shall conduct a hearing. Within 15 days of receipt of the request, the Director shall notify the requestor of the date, time, and place of the hearing. Such hearing shall be held no later than 30 days after the Director receives the request, unless time is extended by mutual agreement of the affected parties. The Director may adopt rules and regulations regarding the hearing procedures.
(f) Following the hearing, the Director shall serve written notice of the Director’s decision on the Responsible Party. If the Director’s decision is that the Responsible Party must pay an administrative penalty, the notice of decision shall state that the recipient has 10 days in which to pay the penalty. Any administrative penalty assessed and received in an action brought under this Article 8 shall be paid to the Treasurer of the City. The Responsible Party against whom an administrative penalty is imposed also shall be liable for the costs and attorney’s fees incurred by the City in bringing any civil action to enforce the provisions of this Section 456.4, including obtaining a court order requiring payment of the administrative penalty.
(g) The Director of Health may appoint a designee to perform the Director’s functions and responsibilities under this Section 456.4.
(Added by Ord. 81-04, File No. 040092, App. 5/20/2004; Ord. 233-08, File No. 080621, App. 10/30/2008; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)
CODIFICATION NOTE
(a) All final costs, fees, and administrative penalties assessed against a person for violations of Section 451 through 456.4, inclusive, or the California Retail Food Code shall be an obligation owed to the City by the person found to have violated these sections, and the owner of the property where the food preparation and service establishment is located, provided that both have been given adequate notice of the alleged violation(s). Such obligation may be collected by means of the imposition of a lien against the property of the owner of the property or the person or business against whom the final administrative or civil penalty was assessed. The City shall mail to the owner of the property and to the person against whom the final amount was assessed (if different from the owner of the property) a notice of the amounts due and a warning that lien proceedings will be initiated against the property if the amounts are not paid within 30 days after mailing of the notice.
(b) Liens shall be created and assessed in accordance with Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230).
(Added by Ord. 81-04, File No. 040092, App. 5/20/2004; Ord. 233-08, File No. 080621, App. 10/30/2008)
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(a) The Department of Public Health shall enforce the Safe Drinking Water and Toxic Enforcement Act of 1986 (California Health and Safety Code Chapter 6.6, added by Proposition 65 1986 General Election) and its implementing regulations (California Code of Regulations, Title 22, Section 12000 et seq.) by:
(1) Inspecting food product and marketing establishments defined in Section 440 and food preparation and service establishments defined by Section 451 to determine whether these establishments are in compliance with the warning requirements of the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations pertaining to exposure to chemicals known to the State of California to cause cancer, birth defects or other reproductive harm;
(2) Serving notices requiring the correction of any violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 or its implementing regulations; and
(3) Calling upon the City Attorney or the District Attorney to maintain an action for violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 or its implementing regulations, to cause correction of such violation, and for assessment and recovery of civil or criminal remedies for such violation.
(b) Written warnings required to be provided by food product and marketing establishments and food preparation and service establishments under the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations or any existing settlements and consent judgments pertaining to lawsuits filed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations shall be made in English, Spanish and Chinese. Written warnings in Spanish and Chinese shall comply with the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations and any existing settlements and consent judgments pertaining to lawsuits filed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations and be provided in the same manner as the warnings in English, including but not limited to location, size, and font of the warning message.
(Added by Ord. 250-05, File No. 050253, App. 11/10/2005)
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