Los Angeles County Municipal Code Ch. 11.11 Wholesale Food Safety Certification

As used in this chapter:

A.

"Certified food handler" means an owner, operator, or any other person who possesses a current and valid food safety certificate and who supervises all or part of a wholesale food establishment's operations.

B.

"Department" means the county of Los Angeles, department of public health.

C.

"Director" means the director of the department of public health or his duly authorized designee.

D.

"Food safety certificate" means the certificate issued by the department, certifying that an individual has satisfactorily met the requirements set forth in Section 11.11.030, and demonstrated competency in food safety by passing an approved and accredited food safety certification examination as specified in Section 11.11.040.

E.

"Potentially hazardous food" means those foods as defined in section 11.12.005 (Z).

(Ord. 2007-0089 § 6, 2007; Ord. 2006-0040 § 86, 2006; Ord. 97-0071 § 9 (part), 1997.)

A.

Each wholesale food establishment as defined in Section 11.12.005 (JJ) shall have at least one certified food handler on the premises at all times during hours of operation.

B.

Wholesale food establishment owners/operators who operate more than one wholesale food establishment shall be required to have at least one certified food handler at each wholesale food establishment at all times during hours of operation.

C.

Failure to have a certified food handler on site at all times during the hours of operation of any wholesale food establishment as specified in this section shall be grounds for the suspension or revocation of the wholesale food establishment's public health license pursuant to the applicable provisions of Chapter 8.04 of this code and shall be punishable as set forth in Section 8.04.930.

(Ord. 2007-0089 § 7, 2007; Ord. 97-0071 § 9 (part), 1997.)

* Editor's note: Enacted by Ordinance 97-0071, Chapter 11.11 is effective January 16, 1998.

A.

Every person desiring a food safety certificate shall file with the department an application for certification. Upon application, each person desiring certification shall provide:

A current and valid certificate issued by an accredited entity which indicates passage of an approved and accredited food safety certification examination as specified in Section 11.11.040; and

A current and valid photo identification of the applicant including but not limited to a state issued driver license or United States passport.

B.

Persons who have had their food safety certificate revoked by the department, and desire recertification, shall file with the department an application for recertification. Upon application, each person desiring recertification shall provide:

A current and valid certificate issued by an accredited entity which indicates passage of an approved and accredited food safety certification examination as specified in Section 11.11.040 on a date following the date of revocation of the certificate by the department.

A current and valid photo identification of the applicant including but not limited to a state issued driver license or United States passport.

(Ord. 2007-0089 § 8, 2007; Ord. 97-0071 § 9 (part), 1997.)

A.

The food safety certification examination shall include, but need not be limited to, all of the following elements of knowledge:

Foodborne illness, including terms associated with foodborne illness, micro-organisms, hepatitis A, and toxins that can contaminate food and the illness that can be associated with contamination, definition and recognition of potentially hazardous foods, chemical, biological, and physical contamination of food, and the illnesses that can be associated with food contaminations, and major contributing factors for foodborne illness.

The relationship between time and temperature with respect to foodborne illness, including the relationship between time and temperature and micro-organisms during the various food handling preparation, and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures.

The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices.

Methods of preventing food contamination in all states of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery.

Procedures for cleaning and sanitizing equipment and utensils.

Problems and potential solutions associated with facility and equipment design, layout, and construction.

Problems and potential solutions associated with temperature control, preventing cross-contamination, housekeeping, and maintenance.

B.

Food safety certification examinations shall be developed by certification organizations accredited by the American National Standards Institute as meeting the requirements of the Conference for Food Protection's "Standards for Accreditation of the Conference for Food Protection Manager Certification Programs." Persons who successfully pass an approved certification examination shall be issued a certificate by the certifying organization. The issuance date for each original certificate issued pursuant to this section shall be the date when the individual successfully passes the examination.

(Ord. 2007-0089 §§ 9, 10, 2007.)

Wholesale food establishments which deal exclusively with non-potentially hazardous pre-packaged food or wholesale food establishments required by the department to have only temporary operating permits shall be exempt from the provisions of this chapter.

(Ord. 2007-0089 § 12, 2007; Ord. 97-0071 § 9 (part), 1997.)

The original food safety certificate shall be retained on file at the wholesale food establishment at all times and shall be made available for inspection by the department upon request.

(Ord. 2007-0089 § 13, 2007; Ord. 97-0071 § 9 (part), 1997.)

A wholesale food establishment that commences operation, changes ownership, or no longer has a certified food handler, shall have 60 days to comply with this subdivision.

(Ord. 2007-0089 §§ 14, 15, 2007.)

The food safety certificate shall be valid for five years from the date of passing an approved and accredited food safety certification examination as specified in Section 11.11.040. Upon the expiration or revocation of the food safety certificate, all persons must reapply for a new certificate according to the procedure set forth in Section 11.11.030.

(Ord. 2007-0089 § 17, 2007; Ord. 97-0071 § 9 (part), 1997.)

A certified food handler at a wholesale food establishment shall be responsible for the safety of food preparation and service, by ensuring that all employees who handle, or have responsibility for handling non-prepackaged foods of any kind, have sufficient knowledge to ensure the safe preparation or service of the food, or both. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee's duties related to food safety issues.

(Ord. 2007-0089 §§ 18, 19, 2007.)

A.

The director may immediately suspend any food safety certificate when any of the following conditions are found to exist within a wholesale food establishment which is operated by or under the supervision of the certified food handler:

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

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

Evidence indicating falsification of information required by the department for issuance of the food safety 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 just cause why the certificate should not be revoked.

(Ord. 2007-0089 § 20, 2007; Ord. 97-0071 § 9 (part), 1997.)

A.

Any certified food handler whose food safety certificate has been suspended may make a written request for hearing within 15 calendar days after receipt of the notice specified in Section 11.11.120 to show just cause why the certificate should not be revoked. A failure to request a hearing within 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 15 day period to expedite the certification revocation process.

B.

The hearing shall be held within 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.

The director shall preside over any hearing requested under this section.

(Ord. 2007-0089 § 21, 2007; Ord. 97-0071 § 9 (part), 1997.)

A.

The director shall issue a written notice of decision to the certified food handler within five business 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 food safety certificate has been revoked or that it has been reinstated. If the food safety certificate has been reinstated, the notice of decision shall set forth any criteria which must be met to maintain the certified food handler's food safety certificate.

B.

Persons who have had their food safety certificate revoked may file with the department, an application for recertification as specified in Section 11.11.030 (B).

(Ord. 2007-0089 § 22, 2007; Ord. 2006-0040 § 87, 2006; Ord. 97-0071 § 9 (part), 1997.)

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.

(Ord. 97-0071 § 9 (part), 1997.)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.

(Ord. 97-0071 § 9 (part), 1997.)