Article I — General

The Board of Supervisors finds and determines that provisions should be made for improved public notification signage for food facilities, including mobile food facilities, by establishing a grading system

based on specific requirements for food handling. This chapter creates a grading program for food facilities, including mobile food facilities (food trucks), allowing consumers to make safe dining choices.

The Board of Supervisor finds that California Health and Safety Code Section 113000 et seq. (the California Retail Food Code) was amended to add microenterprise home kitchen operations as a type of food facility. Health and Safety Code Section 114367 provides the governing body of the local enforcement agency for food facilities the ability to allow microenterprise home kitchen operations facility within the enforcement agency's jurisdiction in accordance with the requirements of the California Retail Food Code. This chapter authorizes the permitting of microenterprise home kitchen operations.

(Ord. No. 2015-29, § 1, 6-9-15; Ord. No. 2021-22, § 2, 5-18-21)

This chapter shall apply to all of Alameda County except for those cities where the governing body of that incorporated area (city) has authorized its own local health officer or environmental health director to administer and enforce the provisions of California Health and Safety Code Section 113700 et seq. (the California Retail Food Code). This chapter shall be administered and implemented by the Alameda County Department of Environmental Health (ACDEH). The director of ACDEH shall have the authority to prepare and implement regulations for the administration and implementation of this chapter and to protect the public health and safety.

This chapter shall apply to all food facilities located within the jurisdiction defined above.

(Ord. No. 2015-29, § 1, 6-9-15)

This chapter provides for the enforcement of California Laws and Regulations pertaining to retail food facilities and establishes local requirements as authorized by California Retail Food Code. This chapter also establishes a local grading system for food facilities as authorized by California Health and Safety Code Section 113709. The provisions of this chapter are authorized pursuant to state law and are intended to supplement and not to preempt state law. This chapter may be cited as the food facility grading ordinance.

All definitions, authority, scope, responsibilities, requirements, standards, conditions, exemptions, procedures, and penalties contained in the California Retail Food Code, as it may be amended, beginning at Health and Safety Code Section 113700 et seq. are incorporated herein.

(Ord. No. 2015-29, § 1, 6-9-15)

All definitions contained in the California Retail Food Code, beginning with Section 113728, shall apply in the interpretation and application of this chapter. The following definitions shall also apply:

"ACDEH" means the Alameda County Department of Environmental Health.

"County" means the County of Alameda, a political subdivision of the State of California.

"Director" means the director of the Alameda County Department of Environmental Health.

"Fixed food facility" shall have the same meaning as permanent food facility in the California Retail Food Code.

"Food facility" or "retail food facility" shall have the same meaning as food facility in the California Retail Food Code.

"Health inspector" means an employee of the Alameda County Department of Environmental Health authorized under the California Retail Food Code to inspect food facilities as an enforcement officer and render findings based on his or her inspection.

"Health officer" means the health officer of the County of Alameda and his or her authorized agent or designee.

"Health permit" or "permit" have the same meaning and definition as "permit" in the California Retail Food Code.

"Inspection" means an official visit by a health inspector to a food facility to determine compliance with all applicable federal, state, and local laws and regulations pertaining to the protection of public health. The term inspection includes but is not limited to re-inspection, routine inspection and rescore inspection.

"Local enforcement agency" means the Alameda County Department of Environmental Health and its designated employees, or other designated agents.

"Notice of closure" means a public notice posted by a health inspector upon suspension or revocation of the facility's permit to operate and that results in the immediate closure of the facility and the discontinuance of all operations of the food preparation and service facility because of violations of applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or other directives relating to the public health. The sign must remain posted until the facility is reopened by ACDEH.

"Official inspection report" (OIR) means the written report prepared and issued by the health inspector after conducting an inspection of a food facility to document compliance with all applicable federal, state, and local laws and regulations pertaining to the protection of the public health and retail food.

"Operator" means any person engaged in the dispensing of, or assisting in the preparation of, food or beverages or any person otherwise employed or working in a food facility.

"Placard" means a green, yellow, or red color-coded placard that describes the compliance status of the food facility at the most recent inspection.

"Re-inspection" means an inspection initiated by the health inspector when the routine inspection reveals serious or repeat violations at a food facility. This is not a routine inspection and only the issues noted on the original OIR are addressed. Re-inspections are not included in the annual environmental health permit fee so additional charges may be required of the permit holder.

"Regulations" means the ACDEH "Alameda County Food Facility Regulations."

"Rescore inspection" means a re-evaluation of a food facility which is conducted as a routine inspection in order to have the facility rescored. A fee is charged for a rescore inspection based on the current hourly rate. If the rescore inspection is requested by the permit holder, the fees are due at the time of the request. Requesting a rescore inspection is not a guarantee of receiving an upgraded placard.

"Routine inspection" means an inspection of a food facility to determine compliance with all applicable federal, state, and local laws and regulations pertaining to the protection of public health. An inspection to determine compliance with specific regulations or legal requirements is not a routine inspection.

(Ord. No. 2015-29, § 1, 6-9-15; Ord. No. 2021-22, § 2, 5-18-21)