(a) Intent. This Section is intended to set forth a uniform minimum standard of training and certification for all food handlers within this jurisdiction regarding the food protection laws of the State and this E.H. Code.
(b) Applicability. Except as provided herein, no person shall work or allow the employment of any person as a food handler within this jurisdiction except when such food handler possesses an unexpired, unsuspended, unrevoked food handler card or a certificate after passing an approved and accredited food safety certification exam as described in § 113947.1 of the Health and Safety Code (“food safety certificate”). Food handlers are exempt from this requirement for 14 calendar days following the date of employment if working under the supervision of a person holding an unexpired, unsuspended, unrevoked food safety certificate.
(c) Food Handler Card Eligibility. A person shall be eligible for a food handler card after paying a fee to DEHS in that amount specified in the San Bernardino County Code Schedule of Fees and successfully passing a DEHS-approved training course and proficiency examination. Every training course shall include at least two instructional hours in: microorganisms, sources of food borne disease, means whereby food is contaminated by microorganisms or toxic substances, methods of protecting food to prevent food borne illnesses, time and temperature criteria preventing food borne illnesses, food worker personal hygiene, disease transmission by utensils or equipment, and multi-use utensil washing and sanitizing procedures.
(d) Expiration of Card. Every food handler card shall expire three years from the date of issuance.
(e) Card Requirements After Issuance. Food handler cards are nontransferable. Every food handler on duty in any activity or facility subject to DEHS jurisdiction shall possess and present the required card upon request to DEHS enforcement officers. Every owner or operator of every facility engaging food handler(s) shall maintain upon the premises of such food facility the original unexpired food handler card or food safety certificate for all currently employed food handler(s), and present such copies upon request to DEHS enforcement officers.
(f) Card Suspension and Due Process Generally. After consulting the Health Officer, DEHS enforcement officers may summarily suspend any food handler card upon reasonable cause to suspect that the card holder may pose an immediate risk of infectious disease transmission to the public or coworkers. Additionally, DEHS may summarily suspend a food handler card upon reasonable cause to suspect that the card holder’s action may pose a significant risk of disease transmission to the public or coworkers. Whenever a card is summarily suspended, the enforcement officer shall issue to the holder thereof a written notice setting forth the grounds of such suspension and informing the holder of his/her right to a hearing thereon within 15 calendar days or else such right shall be deemed waived. Generally, the administrative procedures set forth in § 33.0209 of this E.H. Code shall apply except as follows:
(1) Any person whose card has been summarily suspended shall immediately surrender their card to a DEHS enforcement officer upon demand and immediately cease food handler activities.
(2) Such suspension and cessation shall continue until the Health Officer or DEHS determines that the risk of infectious disease transmission from such food handler has ceased. At such time, DEHS shall return the suspended card to the holder within a reasonable period.
(g) Appeal Procedures. Upon suspension of his or her card, any food handler may appeal such suspension to the Director of DEHS by requesting a hearing. Such request for hearing must be in writing and filed with the Director within 15 calendar days of such suspension. Such request for hearing shall be accompanied with documentation approved by the Health Officer, showing no disease transmission risk exists. Failure to request a hearing within this time period shall constitute a waiver of the right to appeal and the decision of the Director of DEHS shall be deemed final. Thereafter, at reasonable periodic intervals, any food handler whose card suspension has been sustained on appeal or who fails to request a hearing may petition for a review of their current health status and for the end to such card suspension. Such petition shall be accompanied with documentation, the type of which is approved by the Health Officer, to support the petition. Upon a proper showing, DEHS shall act upon the petition in the manner set forth for administrative hearings in Chapter 2 (Permits and Hearing Procedures) of this E.H. Code.
(Ord. 3105, passed - -1986; Am. Ord. 3608, passed - -1995; Am. Ord. 4158, passed - -2012; Am. Ord. 4196, passed - -2013)