Larkspur Municipal Code Ch. 6.04 Food Facilities

Sections: 6.04.010 Definitions. 6.04.020 Certificate Required. 6.04.030 Compliance with State Regulations – Tuberculin Test Required. 6.04.040 Inspections. 6.04.050 Suspension of Certificates. 6.04.060 Employment after Certification.

“Employee” means any person working in a food facility, whether with or without pay, who handles food during any phase of its storage, preparation, manufacture, distribution, serving or display, or who comes in contact with food equipment, utensils or machinery. (The owner of a food establishment, if engaged in food handling, is subject to the same requirements as any other person so engaged.)

“Food” means a raw, cooked, or processed edible substance, ice beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

“Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following: (1) an operation where food is consumed on or off the premises, regardless of whether there is a charge for the food; (2) a place used in conjunction with the operations described in this subsection, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. “Food facility” includes permanent (e.g., restaurants, cafeterias) and nonpermanent food facilities (e.g., mobile food facilities, farmers’ markets, vending machines).

“Health Officer” means the Health Officer of the City of Larkspur, or their authorized representative.

“Person” means any individual, firm, corporation, partnership, club, association or organization. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(5), 2018; Ord. 289 § 1, 1962)

It is unlawful for any person to operate any food facility within the City without a valid certificate issued by the Health Officer, or their authorized representative. Such certificate shall bear the date of expiration and shall be displayed prominently in the place of business for which it is issued. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(5), 2018; Ord. 289 § 2 (part), 1962)

No certificate to operate such place of business shall be issued until all of the provisions of this chapter and of the California Retail Food Code and all applicable rules and regulations of the State Board of Public Health have been complied with. Further, no certificate to operate shall be issued until there is presented to the Health Officer satisfactory evidence that each and every employee of the establishment has had, within the preceding twelve (12) months, an appropriate test indicating freedom from tuberculosis in a communicable stage. Such test shall be a negative minifilm or other X-ray of the chest or a negative tuberculin skin test. If the test done to satisfy this requirement does not definitely indicate freedom from contagious tuberculosis and further medical investigation of the food handler is necessary in order to reach a definite conclusion, the food handler may, at the discretion of the Health Officer, continue to work pending completion of necessary medical studies, if, in the opinion of the Health Officer, no public health hazard will arise as a result of the individual’s continued employment as a food handler. If a food facility has in its employ one or more persons who are being allowed by the Health Officer to continue to work pending completion of tests to determine the presence or absence of contagious tuberculosis, such establishment shall be issued a certificate that shall expire at a date determined by the Health Officer, but no later than three (3) months from date of issuance. When all employees of a food facility have been proven free of tuberculosis in a communicable stage and all other requirements of this chapter have been met, a regular certificate to operate shall be issued that shall be valid for six (6) months from date of issuance. If contagious tuberculosis is proven in any of the employees of a food facility, such employees shall be immediately excluded from the food facility; if such employees are not excluded, the certificate to operate shall be immediately suspended by the Health Officer for the protection of the public health. A certificate is not transferable upon change of ownership of a food facility. (Ord. 1030 § 2(5), 2018; Ord. 289 § 2 (part), 1962)

Inspections under this chapter are based upon provisions of the Retail Food Code and on rules and regulations of the State Board of Public Health and subsequent modification thereof. (Ord. 1030 § 2(5), 2018; Ord. 289 § 2 (part), 1962)

A certificate may be suspended by the Health Officer for violation of any provision of the chapter, but not until after the holder has been given an opportunity for a hearing before the Health Officer, except that a certificate shall be immediately suspended if employees with contagious tuberculosis or other communicable disease are not immediately excluded from the food facility as ordered by the Health Officer. After the hearing a reasonable time shall be allowed by the Health Officer for correction of the violations. During that correctional period the certificate may be suspended, and the food facility may be ordered closed during the suspension if the Health Officer deems such action necessary for the protection of the public health. The suspension shall be lifted if full compliance with sanitary requirements is obtained at the end of the time allowed; if compliance is not obtained, the certificate shall then be revoked. (Ord. 1030 § 2(5), 2018; Ord. 289 § 2 (part), 1962)

After the issuance of any certificate hereunder, and during the full life of such certificate, no person shall be employed in such food facility except those whom the Health Officer has cleared or approved at the time of such certification, or other personnel who have been certificated or approved by them thereafter, but prior to commencing work. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(5), 2018; Ord. 289 § 2.1, 1962)