Chapter 11.11 — FOOD HANDLER'S TRAINING CERTIFICATION

• A. "Certified Food Handler" means an owner, operator, or any other person at least eighteen (18) years of age who supervises all or part of the food service operations within a Food Service Operation and is responsible for training the operation's employees in the areas set forth in Section 11.11.190. At the discretion of the Director, and upon showing of good cause, the Director may waive the requirement that a Certified Food Handler beat least eighteen (18) years of age.

• B. "Department" means the County of Los Angeles, Department of Health Services.

• C. "Director" means the Director of the Department of Health Services or his duly authorized designee.

• D. "Food Handler's Training Certificate" means a certificate issued by the Department, certifying that a Food Handler has satisfactorily demonstrated competency in food protection and practices by passing a written examination administered by the Department or by completing a food handler's training course approved by the Director.

• E. "Food Service Operation" means any food service business which prepares any potentially hazardous food on the premises for sale or gift to the public and includes but is not limited to all restaurants, markets, bakeries, mobile food preparation units, commissaries, and food processing establishments.

• F. 'Potentially Hazardous Food" shall mean those foods set forth in California Health and Safety Code Section 113845 as it currently exists or hereafter may be amended.

• A. Within one (1) year of the effective date of this ordinance, each Food Service Operation as defined in Section 11.11.150 shall have at least one Certified Food Handler on the premises at all times during operating hours.

• B. Failure to have a Certified Food Service Handler on site at all times during the operating hours of the Food Service Operation and as specified in this section within one (1) year from the effective date of this ordinance shall be grounds for the suspension or revocation of the operation's public health permit pursuant to the applicable provisions of Chapter 8.04 of this Code and shall be punishable as set forth in Section 8.04.930.

• A. Every person desiring certification as a Certified Food Handler shall file with the Department an application for certification, accompanied by an application fee. Upon application, each person desiring certification shall provide:

  1. Proof of successful completion of a food handler's training course approved by the Department;

  2. A food handler's training certificate which indicates passage of an examination developed and administered by The Center for Occupational and Professional Assessment of the Educational Testing Service; or

  3. Any other food handler's training certificate which, in the discretion of the Director, is equivalent to either (1) or (2) above.

• B. In the alternative to the procedure set forth in subdivision A, any person desiring certification as a Certified Food Handler, upon payment of an examination fee, may take an examination administered by the Department. The Department shall certify only those persons who receive a score of seventy-five percent (75%) or higher on its examinations. The payment of any examination fee shall be in addition to the application fee set forth in this section.

Section 11.11.040 FOOD HANDLER'S TRAINING COURSE. Any food handler's training course taken by a person desiring certification as a Certified Food Handler shall be a minimum of four (4) hours in duration. The course of instruction shall include, but not be limited to, the following subject matter: microorganisms, sources of food-borne illness microorganisms, foodborne illness, the means by which food is contaminated by microorganisms and toxic substance, the methods for protection of food to prevent foodborne illnesses, personal hygiene for food handlers, proper utensils and equipment washing and sanitizing, and proper receiving and storage of food.

Section 11.11.050 MULTIPLE FOOD SERVICE OPERATIONS. Persons who operate more than one Food Service Operation shall be required to have a Certified Food Handler at each operation at all times during operating hours.

Section 11.11.060 EXEMPTIONS. Food Service Operations which deal exclusively in non-potentially hazardous prepackaged food and beverages or Food Service Operations required by the Department to have only temporary operating permits shall be exempt from the provisions of this chapter.

Section 11.11.070 DISPLAY OF FOOD HANDLER'S TRAINING CERTIFICATE. The Food Handler's Training Certificate shall be posted in a conspicuous place within the Food Service Operation, or in a location designated and approved by the Director.

Section 11.11.080 CHANGE OF CERTIFIED FOOD HANDLER. A Certified Food Handler who changes his or her place of employment after obtaining a Food Handler's Training Certificate may display the certificate in any other Food Service Operation in which he or she subsequently is employed. A Food Service Operation which loses its Certified Food Handler must obtain another Certified Food Handler within thirty (30) days.

Section 11.11.090. LIST OF CERTIFIED FOOD HANDLERS. The Department shall maintain a current list of all Certified Food Handlers within the County of Los Angeles.

Section 11.11.100 EXPIRATION. The Food Handler's Training Certificate shall be valid for four (4) years from the date of issuance. Upon the expiration of the Food Handler's Training Certificate, all persons must re-apply for a new certificate according to the procedure set forth in Section 11.11.030.

Section 11.11.110 DUPLICATE FOOD HANDLER'S TRAINING CERTIFICATE. The Director, upon a showing of good cause, may issue duplicate Food Handler's Training Certificates upon payment of a duplicate certificate fee.

• A. The Director may immediately revoke any Food Handler's Training Certificate when any of the following is found to exist within a Food Service Operation which is operated by or under the supervision of a Certified Food Handler:

  1. Evidence indicating repeated or continuing violations of required procedures and practices in the preparation, service, storage, distribution or sale of food or beverage offered for public consumption;

  2. Any condition detrimental to the public health, which shall include but not be limited to any condition that can cause food infection, food intoxication, disease transmission or any hazardous condition including but not limited to unsafe food temperature; or

  3. Evidence indicating falsification of information required by the Department for issuance of the Food Handler's Training Certificate.

• B. The Director shall issue a notice to the Certified Food Handler setting forth the acts or omissions with which he or she is charged and informing him or her of the right to a hearing, if requested, to show cause why the certificate should be reinstated.

• A. Any Certified Food Handler whose certificate has been revoke may make a written request for hearing within fifteen (15) calendar days after receipt of the notice specified in Section 11.11.230 to show cause why the certificate should be reinstated. A failure to request a hearing within fifteen (15) calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the Director may order a hearing at any reasonable time within this fifteen (15) day period to expedite the certification revocation process.

• B. The hearing shall be held within fifteen (15) calendar days of the receipt of the request for a hearing. Upon written request of the Certified Food Handler, the Director may postpone any hearing date, if circumstances warrant such action.

• C. Any Environmental Health Services Manager for the Department shall preside over any hearing requested under this section.

Section 11.11.140 NOTICE OF DECISION. The Director shall issue a written notice of decision to the Certified Food Handler within five (5) working days of the hearing. The notice of decision shall specify the acts or omissions with which the Certified Food Handler is charged and shall specify either that the certificate remains revoked or that it has been reinstated.

Section 11.11.150 VIOLATION. Notwithstanding any other provision of this chapter, violation of this chapter is punishable by a fine of not more than $500.00 or by imprisonment in the County jail for not more than six months, or both. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted makes such violation a separate offense.

The County Health Officer, pursuant to Section 476 and 477 of the Health and Safety Code of the State of California, is hereby given power to enforce and observe in the City all orders, quarantines, regulations and rules prescribed by the State Department and other rules and regulations issued under the provisions of the Health and Safety Code, as well as all statutes of the State of California relating to public health. This section is statement and recodification of the consent and authorization heretofore given to the County Health Officer by the City Council pursuant to Ordinance No. 1.