Contra Costa County Municipal Code Art. 413-3.18 Placard Program

This article establishes a placard program for food facilities, as authorized by California Health and Safety Code section 113709. The program consists of color-coded placards issued by the health officer and official inspection reports issued by the health officer.

(Ord. No. 2016-08, § II, 3-15-16)

(a) The requirements of this article apply to all food facilities for which an environmental health permit is required under this chapter, unless a facility or operation is exempt under this section.

(b) The following are exempt from the requirements of this article: temporary food facilities, certified farmers' markets, cottage food operations, mobile food facilities selling only whole uncut produce, mobile food facilities selling only prepackaged non-potentially hazardous foods, mobile food facilities selling only prepackaged ice cream, mobile support units, and vending machines. A facility or operation that is exempt from the placard requirements of this article must comply with all other applicable laws and permitting requirements, including but not limited to all applicable requirements of this chapter and the California Retail Food Code, Health and Safety Code section 113700 et seq.

(Ord. No. 2016-08, § II, 3-15-16)

A color-coded placard issued by the health officer indicates that a food facility has been inspected by the health officer to determine whether the food facility is in compliance with all applicable federal, state, and local laws pertaining to the protection of public health. After completing an inspection of a food facility, the health officer will issue the appropriate color-coded placard to the food facility. The appropriate color of the placard is determined by the health officer based upon inspection results.

(a) The color green is the color used for a placard indicating that a food facility has passed an inspection. A food facility receives a green placard if no more than one violation is noted during an inspection.

(b) The color yellow is the color used for a placard indicating that a food facility has conditionally passed an inspection. A food facility receives a yellow placard if two or more violations are noted during an inspection. A yellow placard signifies that conditions must be met for a food facility to receive a green placard. A yellow placard may be issued if a food facility does not meet one or more conditions imposed under a previous yellow placard, even if a green placard is subsequently issued.

(c) The color red is the color used for a placard indicating that a food facility has not passed an inspection and its environmental health permit is suspended under Section 413-3.1408. Upon the issuance of a red placard and the suspension of a permit under Section 413-3.1408, the red placard shall be posted until the permit is reinstated. A red placard is a notice of closure of a food facility.

(d) The color white is the color used for a placard indicating that the issuance of a green, yellow, or red placard is pending. A white placard may be issued after the initial opening of a new food facility, after a change in ownership of a food facility, or after the reinstatement of a suspended environmental health permit.

(Ord. No. 2016-08, § II, 3-15-16)

An official inspection report issued by the health officer is a written notice, prepared and issued after the health officer inspects a food facility, that documents whether the food facility complies with all applicable federal, state, and local laws pertaining to the protection of public health. An official inspection report describes all actions necessary to correct all violations noted in the report.

(Ord. No. 2016-08, § II, 3-15-16)

(a) After a food facility is inspected and issued a placard, it is unlawful to operate a food facility unless the placard is posted in accordance with this section.

(b) A placard shall be posted so as to be clearly visible to the general public and to patrons entering the food facility. "Clearly visible to the general public and to patrons" means:

(1) Posted in the front window of a fixed food facility within five feet of the front door; or

(2) Posted in a display case mounted on the outside front wall of a fixed food facility within five feet of the front door; or

(3) Posted in the service window of a mobile food facility; or

(4) Posted in a location approved by the health officer to ensure proper notice to the general public and to patrons of the food facility.

(c) No more than one placard shall be posted. Only the most recently issued placard shall be posted.

(d) If a placard is damaged or altered, the permittee shall immediately contact the health officer for a replacement.

(e) A placard is valid from the time of issuance until a new inspection or a change in ownership.

(f) In addition to the placard, a copy of the official inspection report shall be maintained at the food facility and shall be available to the public for review upon request. The official inspection report shall be kept at the food facility until the health officer issues a new placard and official inspection report.

(Ord. No. 2016-08, § II, 3-15-16)

(a) A placard shall not be defaced, marred, camouflaged, hidden, or removed.

(b) Removal of a placard, including the removal and replacement of a placard with a document not issued by the health officer, is a violation of this chapter and is punishable as specified in this chapter. In addition, if a placard is removed from a food facility, the food facility is subject to one or more reinspections until the correct placard is properly displayed and all associated fees are paid.

(Ord. No. 2016-08, § II, 3-15-16)

Article 413-3.20. Microenterprise Home Kitchen Operations

(a) The purpose of this article is to authorize the permitting of microenterprise home kitchen operations in accordance with Health and Safety Code sections 114367 through 114367.6, to allow for small-scale, direct food sales from home-based food facilities to prioritize locally prepared foods to consumers. This will allow small-scale entrepreneurs entry into the retail food economy and will help provide them with access to guidelines, training, and safety resources.

(b) The requirements of this article apply within all incorporated and unincorporated areas of Contra Costa County, in accordance with Health and Safety Code section 114367.

(Ord. No. 2024-05, § II, 5-21-24)

For purposes of this article, the following words and phrases have the following meanings:

(a) "MEHKO operator" means the resident of a private home who holds a microenterprise home kitchen operation permit and is responsible for the operation of the microenterprise home kitchen operation.

(b) "Microenterprise home kitchen operation" or "MEHKO" has the meaning set forth in Health and Safety Code section 113825.

(c) "Permitted area" has the meaning set forth in Health and Safety Code section 114367.2.

(Ord. No. 2024-05, § II, 5-21-24)

(a) A microenterprise home kitchen operation may not operate without a valid permit issued by the health officer.

(b) An application for a microenterprise home kitchen operation must be made on a form provided by the Environmental Health Division. The applicant must specify the equipment and standard operating procedures the applicant proposes to use in compliance with Health and Safety Code section 114367.2(c).

(c) A MEHKO operator shall successfully pass an approved and accredited food safety certification examination, in compliance with Health and Safety Code section 113947.1, and submit proof of certification, with the application for a microenterprise home kitchen operation permit.

(d) A permit may only be issued after the health officer has conducted an initial inspection of the proposed microenterprise home kitchen operation location, as authorized by Health and Safety Code section 114367.2(d)(1), and determined that the proposed microenterprise home kitchen operation and its method of operation complies with the requirements of Health and Safety Code sections 114367 through 114367.6.

(e) A microenterprise home kitchen operation permit is valid for one year. The permit year for a microenterprise home kitchen operation permit is March 1 through February 28 (29). A microenterprise home kitchen operation permit may be renewed annually, and is not transferable.

(f) The fee for the issuance of a microenterprise home kitchen operation permit, as authorized by Health and Safety Code section 114367.2(i), will be in an amount established by the Board of Supervisors, and subject to Article 413-3.1210.

(g) A microenterprise home kitchen operation permit may be modified, suspended, or revoked as provided in the California Retail Food Code, Part 7 of Division 104 of the Health and Safety Code.

(Ord. No. 2024-05, § II, 5-21-24)

A microenterprise home kitchen operation must comply with all requirements set forth in Health and Safety Code sections 114367 through 114367.6 and with all of the following:

(a) Any person participating in a microenterprise home kitchen operation shall obtain a Contra Costa County Food Handler Certification within thirty days after joining the microenterprise home kitchen operation, as specified in Health and Safety Code section 113948.

(b) All food storage within a permitted area shall comply with the requirements of Article 5 of Chapter 4 of Part 7 of the Health and Safety Code. Any other detached rooms on the premises, including accessory buildings and garages, may be used to store food items only if all food is stored inside of an approved refrigerator or freezer with a closable door or lid. Sleeping quarters or second units may not be used as a permitted area or for food storage.

(c) Only one microenterprise home kitchen operation may operate per residence.

(d) The microenterprise home kitchen operation permit must be prominently displayed internally on the site of the microenterprise home kitchen operation during all hours of operation. The permit may not be used as an outdoor display to advertise the microenterprise home kitchen operation as indicated in Health and Safety Code section 114367.4(a)(1)(A).

(e) Delivery of any food prepared by a microenterprise home kitchen operation shall comply with Health and Safety Code section 114367.5.

(Ord. No. 2024-05, § II, 5-21-24)

(a) The health officer may inspect a microenterprise home kitchen operation as authorized by Health and Safety Code section 114367.3.

(b) Fees for inspections of microenterprise home kitchen operations, as authorized by Health and Safety Code section 114367.3(c), will be in amounts established by the Board of Supervisors.

(c) A microenterprise home kitchen operation is not subject to the placard program requirements of Article 413-3.18.

(Ord. No. 2024-05, § II, 5-21-24)

This article expires on June 30, 2026, unless repealed or extended by the Board of Supervisors before that date.

(Ord. No. 2024-05, § II, 5-21-24)