Beaumont Municipal Code Ch. 8.04 Food Handlers

It is the purpose and intent of this chapter to prevent the spread of infections and disease and to attain a uniform standard by requiring all food handlers in the City to demonstrate through process of examination that they possess an adequate knowledge of the sanitary principles and practice within the food industry.

(Ord. 628 §2(part), 1986)

As used in this chapter, the following word and phrases shall have the following meanings:

A. "Food worker's certificate" means a statement issued by the Health Officer certifying that a person is free from active communicable tuberculosis in a manner acceptable to the Health Officer, and has satisfactorily demonstrated his or her competency in food sanitation principles and practices.

B. "Food Worker's Manual" means the manual prepared and distributed to food handlers by the Health Officer that describes acceptable procedures and sanitary practices as it pertains to the retail food service industry.

C. "Health Officer" means the Health Officer of the City, or his designated representative.

(Ord. 628 §2(part), 1986)

No person shall engage or serve employment in any" work, occupation or employment which requires or occasions the handling of any food, liquid or material intended for food or drink for human consumption, who does not hold or produce a food worker's certificate as required by this Chapter within 14 days after engaging or serving in such work, occupation or employment, and no owner, manager or agent of such owner, or person in charge of any establishment or business shall retain in the employ thereof for the performance of such services, any person who does not hold and produce a food worker's certificate as required by this Chapter within 14 days after such person engages or serves in such employment.

(Ord. 628 §2(part), 1986)

Any person who engages or serves or seeks employment relating to domestic or household work or to temporary, occasionally or intermittent functions of bona fide religious, charitable or public service organizations, including fraternal organizations, veterans' organizations, established youth organizations, parent-teacher associations, or students in public or private schools under the age of 16 engaged in school food operations, and civic or community organizations or groups, the primary purpose of which is the betterment of the cultural, social or economic welfare and environment of the community, shall be exempt from the provisions of Section 8.04.030.

(Ord. 628 §2(part), 1986)

Any person who is engaged or intends to engage in an occupation or employment for which a food worker's certificate is required by Section 8.04.030 shall file with the Health Officer an application for such certificate or a renewal thereof in such form as the Health Officer may require, which application shall be accompanied by a nonrefundable fee of $5.00; provided, however, that students 16 years of age or older engaged in school food operations are exempted from such.

(Ord. 628 §2(part), 1986)

To qualify for the issuance or renewal of a food worker's certificate required by Section 8.04.030, the applicant shall have demonstrated his or her knowledge of acceptable practices in the sanitary preparation, service, storage, distribution and sale of food and beverages and the proper sanitation of equipment and facilities. Such demonstration of knowledge shall be by satisfactorily passing an examination conducted by the health officer on such subjects, based on the practices and procedures set forth in the Food Worker's Manual. A copy of the latest edition of the manual shall be made available by the health officer to those persons applying for a food worker's certificate or renewal thereof.

(Ord. 628 §2(part), 1986)

When qualified pursuant to Section 8.04.060, the applicant shall be issued a food worker's certificate containing the following information: certificate number, name, home address, expiration date and attesting signature. Such certificate shall expire two years after the date it was issued.

(Ord. 628 §2(part), 1986)

A duplicate food worker's certificate, for good cause, may [be] issued by the Health Officer for a fee of $1.00.

(Ord. 628 §2(part), 1986)

The food worker's certificate may be revoked by the health officer upon evidence indicating repeated or continuing violations of accepted practices and procedures in the preparation, service, storage, distribution, or sale of food or beverages, or upon evidence indicating falsification of information required for issuance of such certificate.

(Ord. 628 § 2(part), 1986)

A. Any person who has an application for a food worker's certificate denied by the health officer, or who has had such a certificate revoked by the health officer, may appeal such denial or revocation by filing with the City Clerk within ten days after the date of such denial or revocation, a written notice of appeal briefly setting forth the reasons why such denial or revocation is not proper. The clerk shall give notice of the time and place of the hearing to the applicant.

B. Such appeal shall be heard by the City Council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the City Council shall not be limited 'by the technical rules of evidence.

(Ord. 628 §2(part), 1986)

Any person required to have a food worker's certificate shall immediately submit such certificate to his or her employer. It shall be the duty of every such employer to keep on continuous display at the place of employment the food worker's certificates of all such persons employed or engaged therein, and to display therewith a current list of all such persons therein engaged or employed for comparison with such certificates. Upon termination of employment, such unexpired certificate shall be returned to the holder.

(Ord. 628 §2(part), 1986)

Any person violating any of the provisions of this chapter is guilty of an infraction and upon conviction thereof shall be punished by a fine not exceeding $50.00 for the first violation; a fine not exceeding $100.00 for the second violation within one year; a fine not exceeding $250.00 for each additional violation within one year. Each day such violation is committed or permitted to continue shall constitutes a separate offense.

(Ord. 628 §2(part), 1986)