Kern County Municipal Code Ch. 8.58 Food Facility Grading

The purpose of this chapter is to establish standards for the issuance of a grading score which represents the compliance of food facilities with local ordinances and state law.

(Ord. G-7605 § 2 (part), 2007: Ord. G-7463 § 2 (part), 2006)

As used in this chapter:

A. "Department" shall mean the Kern County public health services department acting through its environmental health division.

B. "Food facilities" shall mean a facility, as defined in the California Retail Food Code of the California Health and Safety Code, that provides food directly from a permitted, permanently fixed location to the consumer. These are commonly referred to as restaurants, take-out fast food, delis, markets, cafeterias, or other similar operations.

C. "Director" shall mean the environmental health director or his designee.

D. "Inspection" shall mean an evaluation of the food facility conducted on site by the department.

E. "Inspection report form" shall mean the written report prepared and copy issued to a food facility provided by the department after conducting any inspection to determine compliance with all applicable federal, state, and local laws and regulations relating to the protection of public health.

F. "Inspection grade card" shall mean a card that is posted at the conclusion of the inspection which is based on the results from the inspection report form.

(Ord. G-7605 § 2 (part), 2007: Ord. G-7463 § 2 (part), 2006)

(Ord. No. G-8006, § 32, 1-26-10; Ord. No. G-9341, § 2, 3-25-25)

All food facilities shall be inspected and graded uniformly using an inspection report form. The grade of each food facility shall be determined by the director using the scoring method provided on the form. The inspection grade card of each food establishment shall be posted.

A. The letter "A" shall indicate a final score of ninety percent (90%) or higher.

B. The letter "B" shall indicate a final score of less than ninety percent (90%) but not less than eighty percent (80%).

C. The letter "C" shall indicate a final score of less than eighty percent (80%) but not less than seventy-five percent (75%).

D. A numeric score shall be indicated for a final score of less than seventy-five percent (75%). Facilities that score below seventy-five percent (75%) will be required to close immediately and the environmental health permit will be suspended.

E. The inspection grade card shall be posted at a food facility by the director upon completion of an inspection.

(Ord. G-7605 § 2 (part), 2007: Ord. G-7463 § 2 (part), 2006)

(Ord. No. G-9341, § 3, 3-25-25)

A. The inspection grade card shall be posted at or near each entrance to the food facility used by its patrons or in a conspicuous place selected by the director.

B. The inspection grade card shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food facility without a posted inspection grade card unless approved in advance by the director.

(Ord. G-7605 § 2 (part), 2007: Ord. G-7463 § 2 (part), 2006)

(Ord. No. G-9341, § 4, 3-25-25)

An inspection grade card that is issued during a routine inspection shall remain valid either until the director completes the next routine inspection or closes the food facility.

(Ord. G-7605 § 2 (part), 2007: Ord. G-7463 § 2 (part), 2006)

(Ord. No. G-9341, § 5, 3-25-25)

If, after completion of an inspection, the permittee disagrees with the inspection findings or the resulting inspection grade card, the permittee may request an appeal.

A. The permittee shall submit a written request for an appeal on a standardized form as determined by the department within five (5) business days following the inspection.

B. The appeal shall be heard within three business days following the written appeal request.

C. The appeal shall be heard by the director at which time the appeal shall be considered, and a final determination issued within one (1) business day.

D. The previously issued inspection grade card shall remain posted until final resolution is obtained through the appeal process. After resolution of the appeal process the new inspection grade card shall be posted within one (1) business day.

(Ord. G-7605 § 2 (part), 2007: Ord. G-7463 § 2 (part), 2006)

(Ord. No. G-9341, § 6, 3-25-25)

At the discretion of the permittee, a re-score inspection may be requested to reassess compliance.

A. A re-score inspection must be requested by the permittee on a standardized form as determined by the department within seven (7) days of the original inspection. Only one (1) re-score inspection may be requested within each fiscal year. If a facility is closed by the director during an inspection/investigation, the facility is not eligible for a re-score inspection within that fiscal year.

B. The director shall conduct a re-score inspection within seven (7) days of receiving the request and submission of the inspection fee by the permittee. The inspection fee shall be established by uncodified ordinance.

C. At the conclusion of the re-score inspection, the inspection grade card shall be issued based upon the scoring method set forth in this chapter.

D. A requested re-score inspection is separate and independent of all inspections as determined by the director.

(Ord. G-7605 § 2 (part), 2007: Ord. G-7463 § 2 (part), 2006)

(Ord. No. G-8617, § 2, 1-12-16, eff. 2-12-16; Ord. No. G-9341, § 7, 3-25-25)

Removal of the inspection grade card is a violation of this chapter and may result in the suspension or revocation of the environmental health permit.

Any person who violates any provision of this chapter is guilty of a misdemeanor and subject to the provisions as specified in Chapter 8.54 of this title.

(Ord. G-7605 § 2 (part), 2007: Ord. G-7463 § 2 (part), 2006)

(Ord. No. G-9341, § 8, 3-25-25)