Chula Vista Municipal Code Ch. 8.04 Food Handling Law Generally

Sections:

• 8.04.010 City and state provisions to be enforced.

• 8.04.020 Definitions.

• 8.04.030 Unlawful acts designated.

• 8.04.040 Violation deemed nuisance – Abatement authority.

• 8.04.050 Enforcement and inspection authority – Obstruction prohibited.

***** For statutory authority for cities to enact sanitation rules stricter than those promulgated by the state, see the California Restaurant Act at Health and Saf. Code § 28693.

The City Council enacts the following regulations and standards, under the authority of Section 28693 of the California Restaurant Act, and finds that they are more strict than those of the California Restaurant Act. The health officer shall enforce the provisions of this chapter as well as the California Restaurant Act. (Ord. 855 § 2; prior code § 15.1).

Any word or phrase hereinafter used and not herein defined shall be given the meaning established for such word or phrase by the California Restaurant Act or, if not there defined, the common and ordinary meaning required by the context in which it is used. Whenever in this chapter the following terms are used, they shall have the meaning ascribed to them in this section:

A. “Approve,” “approved” or “approval” means the approval of the health officer, or the State Department of Public Health, as a result of tests or investigations or by reason of accepted principles of public health and sanitation.

B. “California Restaurant Act” means Chapter 11 of Division 21 of the Health and Safety Code of the state of California.

C. “Establishment” means any restaurant; itinerant restaurant; food vending vehicle; vending machine, other than a vending machine which dispenses wrapped nonperishable solid foods or which dispenses bottled or canned liquid foods or beverages, or which exclusively dispenses peanuts, wrapped candy, chewing gum or ice; grocery; pet shop; food market; meat or fish market; bakery; confectionery; delicatessen; food or potable liquid packing or bottling plant; plant or room used to prepare any food or beverage product whatsoever that is dispensed by machine, whether or not such food or beverage product is perishable and whether or not such dispensing machine is a “vending machine” as defined in the California Restaurant Act; temporary or permanent food beverage concession; winery; package liquor store; or any other place in the City where food or beverages are prepared for sale, sold, stored, distributed or displayed for sale.

“Establishment” does not include a wholesale delivery truck used exclusively to transport previously inspected and packaged, canned or bottled foods or beverages, or any combination thereof, and does not include a retail delivery truck used exclusively to transport previously inspected and packaged, canned or bottled milk, water or groceries, or any combination thereof; “establishment” does include any wholesale or retail delivery truck transporting any food or beverage product other than or in addition to the aforementioned types of products.

D. “Food or beverage” means “food,” as defined in Section 26450 of the California Health and Safety Code.

E. “Food vending vehicle” means any vehicle, as defined in Section 670 of the Vehicle Code, or any mobile unit howsoever propelled, upon or from which any food or beverage is vended, displayed or given away.

F. “Health officer” means the director of public health and any regularly appointed sanitarian or employee of the department of public health of the county of San Diego.

G. “Perishable” means, with respect to food and beverage products, those products which support or are conducive to the growth of pathogenic microorganisms; perishable food and beverage products include, but are not limited to, fresh, cured, prepared or packaged meat or meat products, seafood or seafood products, custard and/or cream pies and pastries, wrapped or unwrapped sandwiches, salads, and milk or milk products.

• H. “Permit” means the public health permit.

I. “Provided by law” means authorized or required by this code, the rules of the board of health, the California Restaurant Act and other applicable state laws, and the rules or regulations of the State Department of Public Health.

J. “Retail delivery truck” means any vehicle used for the transportation of food or beverage products which is not a wholesale delivery truck as defined herein, and includes a vehicle used to service vending machines.

K. “Rules of the board of health” means rules and regulations promulgated by the county board of health and approved by the Board of Supervisors and the City Council.

L. “Wholesale delivery truck” means a vehicle that delivers food or beverage products from a producer or distributor to a consumer, retailer or wholesaler, pursuant to orders therefor previously obtained; “wholesale delivery truck” does not include a vehicle from which selling is done directly by a driver, salesman or other person. (Ord. 855 § 2; prior code § 15.2).

It is unlawful for any person to do any act herein prohibited; to maintain any establishment contrary to the provisions of this chapter; or to sell, offer for sale, barter, trade or give away any food or beverage, or permit the same to be done, without complying with the requirements provided by law in connection therewith. (Ord. 855 § 2; prior code § 15.3).

Any establishment or activity which is found by the health officer to be unsanitary or a menace to the public health or which is in violation of this chapter or of the California Restaurant Act is declared to be a public nuisance. The health officer is authorized and empowered to take such action as is necessary to preserve or protect the public health or safety; the health officer is authorized and empowered to summarily abate such nuisance; otherwise, the health officer shall request the City Attorney to seek a court order abating the nuisance, or request the City

Manager to abate pursuant to Chapter 1.30 CVMC. Nothing contained in this code shall be deemed to limit the right and duty of the health officer to take immediate action in the interest of public health, safety and welfare.

The remedies authorized by this section are not exclusive, but are cumulative to other remedies provided by law. (Ord. 2718 § 1, 1998; Ord. 855 § 2; prior code § 15.4).

The health officer is authorized and empowered to enforce the provisions of this chapter and to inspect such activities as are regulated in this chapter for the purpose of determining health conditions of such activities. No person shall obstruct or interfere with the health officer in the performance of his duties. (Ord. 855 § 2; prior code § 15.5).