Marin County Municipal Code Ch. 7.24 Retail Food Safety

Footnotes:

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Editor's note— Ord. No. 3613, § II(exh. A), adopted June 17, 2014, amended Ch. 7.24 in its entirety to read as herein set out, including updating definitions and authorizing the use of color coded placards in food facilities. Former Ch. 7.24 was titled "Food Establishments."

Bakery. The term "bakery," as referred to in this chapter, means any room, building, premises or place which is used or operated for commercial baking, preparing, manufacturing, processing or packaging of bakery products, and includes all rooms of a bakery in which bakery products or ingredients are stored or handled.

Employee. "Employee," as referred to in this chapter, means any person working in a food establishment, 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. The term "food," as referred to in this chapter, shall mean all articles used for human consumption as food, drink, confectionery or condiment, whether simple or compound.

Food establishment. The term "food establishment," as referred to in this chapter, means any building, room, stand, enclosure, place or area where any cooked or uncooked article of food is stored, prepared, manufactured, processed, wrapped, canned, packed, bottled, distributed, served, displayed or sold, and includes food processing establishments, bakeries, groceries, markets, restaurants, school cafeterias, restricted food facilities (as that term is defined in the California Retail Food Code, as amended), and licensed health care facilities.

Food facility. The term "food facility" refers to any food establishment, vending machine, certified farmer's market, farm stand, swap meet food stand, temporary food facility, satellite food distribution facility, mobile food facility, and mobile support unit.

Food processing establishment. The term "food processing establishment," as referred to in this chapter, means any room, building or place, or portion thereof, maintained, used or operated for the purpose of commercially storing, packaging, baking, cooking, mixing, processing, bottling, canning, packing, slaughtering or otherwise preparing or handling food, except restaurants.

Health officer. The term "health officer," as referred to in this chapter, means the health officer of Marin County, or his/her authorized representative.

Hearing officer. The term "hearing officer," as referred to in this chapter, means the deputy director of environmental health services or his/her authorized representative.

Grocery market. The term "grocery market," as referred to in this chapter, means any room, building or place where fruits and vegetables, and/or canned, bottled, packaged, wrapped or bulk foods are sold at retail for consumption on premises other than where sold.

Mobile food facility. "Mobile food facility," as referred to in this chapter, means any vehicle where food is stored, prepared, packaged, served, vended, or otherwise provided for human consumption at the retail level.

Official inspection report. The "official inspection report" (OIR) is the written notice prepared and issued by the health officer after conducting an inspection of a food facility to document compliance with all applicable federal, state, and local laws and regulations pertaining to the protection of the public health.

Operator. "Operator" and/or employee means any person or owner engaged in the dispensing of, or assisting in, the preparation of food or beverages, or any person otherwise employed in a food facility.

Owner or owners. "Owner" or "owners" means those persons, partnerships or corporations who are financially interested in the operation of a food facility.

Person. "Person," as referred to in this chapter, means an individual, firm, corporation, partnership, club, association or organization.

Placard. "Placard" means a color coded placard that describes the compliance status of the food facility at the most recent inspection or reinspection. The color green shall be the primary color used for a "PASS" placard. The color yellow shall be the primary color used for a "CONDITIONAL PASS" placard. The color red shall be the primary color for a "CLOSED" placard.

Remodel. "Remodel," as referred to in this chapter, means to substantially alter the physical premises.

Restaurant. "Restaurant," as referred to in this chapter, means any fixed food facility such as a cafeteria, short order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, in-plant or employee-eating establishment, or any other eating establishment, organization, club, boardinghouse, nursing home or guest house which gives, sells or offers for sale food to the public, guests, patrons, boarders, members or employees on the premises or for serving elsewhere, including catering functions. "Restaurant" shall not include mobile food facilities or vending machines.

Routine inspection. "Routine inspection" shall mean an inspection of any food facility to determine compliance with all applicable federal, state, and local laws and regulations pertaining to the protection of public health. A "routine inspection" shall not mean an inspection by the health officer to determine compliance with a previously issued inspection report or any interim inspection conducted to determine compliance with specific regulations or legal requirements.

Vending machine. "Vending machine," as referred to in this chapter, means a self-service device that, upon insertion of money or tokens, dispenses food without the necessity of replenishing the device between each vending operation. "Vending machine" does not include any device dispensing exclusively peanuts, nuts, popcorn, gum, or hard candy, prepackaged candy, cookies, crackers or similar snacks and beverages that are not potentially hazardous food, and prepackaged ice.

(Ord. 3129 § 1 (part), 1993: Ord. 1463 § 7 (part), 1965; Ord. 807 § 1, 1956)

(Ord. No. 3613, § II(exh. A), 2014)

It is unlawful for any person to construct or remodel any food establishment within the unincorporated area of Marin County without first submitting an application to and obtaining the approval of the Marin County Environmental Health Services. All applications for anticipated construction or remodeling shall be submitted with detailed plans and specifications of the proposed food establishment.

(Ord. 3129 § 1 (part), 1993: Ord. 1463 § 7 (part), 1965)

(Ord. No. 3613, § II(exh. A), 2014)

(a) Required. It is unlawful for any person to operate any food establishment within the unincorporated area of Marin County without a valid permit issued by the county health officer. Such permit shall be displayed prominently in or upon the place of business for which it is issued, or in the case of a mobile food facility, shall be carried by the driver.

(b) Expiration. All permits for food facilities shall expire on the annual renewal date.

(c) Conditions of issuance. No permit to operate such place of business shall be issued until all of the provisions of this chapter and of Division 22 of the California Health and Safety Code and all rules and regulations of the California Department of Public Health have been complied with. A permit is not transferable upon change of ownership of a food establishment.

(d) Inspections. Inspections under this chapter shall be based upon the provisions of Division 21 of the California Health and Safety Code and on rules and regulations of the California Department of Public Health and subsequent modifications thereof.

(Ord. 3129 § 1 (part), 1993: Ord. 2370 § 2, 1978; Ord. 1969 § 1, 1973; Ord. 1463 § 7 (part), 1965; Ord. 807 § 2 (part), 1956)

(Ord. No. 3613, § II(exh. A), 2014)

When a complaint or information as to the possibility of the transmission of infection from any employee or owner is presented to the health officer, the health officer shall investigate, and may, after investigation, require, in writing, any or all of the following measures:

(a) Exclusion. The immediate exclusion of such employee or owner from the food facility by the health officer;

(b) Closing facility. The immediate closing of the food facility until no further danger of disease outbreak exists in the opinion of the health officer;

(c) Examination. Adequate medical examination of the owner, employee, and co-employees, with such laboratory examination as may be indicated; or should such examination or examinations be refused, then the immediate exclusion of the refusing owner, employee, or co-employee from that or any other food facility until an adequate medical or laboratory examination shows that he/she is not affected with or a carrier of any disease in a communicable form.

(Ord. No. 3613, § II(exh. A), 2014)

Any permit issued pursuant to the provisions of this chapter may be suspended or revoked by the health officer for a violation of the provisions of this chapter, or any health law or regulation of the state. Any food facility for which the permit has been suspended shall close and remain closed until the permit has been re-instated. Any food facility for which the permit has been revoked shall close and remain closed until a new permit is issued.

Whenever the health officer finds that a food facility is not in compliance with the requirements of this chapter or any of the health laws or regulations of this state, a written notice to comply shall be issued to the owner. If the owner fails to comply, the health officer shall issue to the owner a notice setting forth the violations with which the owner is charged, and informing the owner of the right to a hearing, if requested, to show cause why the permit should not be suspended or revoked.

The health officer may also, after providing an opportunity for a hearing, modify, suspend or revoke a permit for serious or repeated violations of any of the requirements of this chapter or any of the health laws and regulations of this state or for interference in the performance of the duty of the health officer.

A written request for a hearing shall be made by the owner within fifteen calendar days after receipt of the notice. A failure to request a hearing within fifteen calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this fifteen-day period to expedite the permit suspension or revocation process.

The hearing shall be held within fifteen calendar days of the receipt for request for a hearing. Upon written request of the owner, the hearing officer may postpone any hearing date, if circumstances warrant such action.

The hearing officer shall issue a written notice of the decision to the owner within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the violations with which the owner is charged, and shall state the terms of the suspension or that the permit has been revoked. The decision of the hearing officer shall become final upon the expiration of the time for the filing of an appeal.

(Ord. 3129 § 1 (part), 1993: Ord. 1463 § 7 (part), 1965; Ord. 807 § 2 (part), 1956)

(Ord. No. 3613, § II(exh. A), 2014)

(a) Except as otherwise specifically provided by state law, ordinance, or Code provision and notwithstanding Section 7.24.040, the health officer may immediately suspend or revoke a permit if the health officer determines that the permitted activity is imminently hazardous to public health, safety, or welfare. "Imminently hazardous" means any condition, based upon inspection findings or other evidence, that can cause disease transmission or an unsafe or hazardous condition.

(b) The health officer will serve on the permit holder, within forty-eight hours of the suspension or revocation, written notice of the grounds for the immediate suspension or revocation of the permit. The permit holder may appeal the suspension or revocation by filing a written notice with the health officer within fifteen calendar days of the suspension or revocation.

(c) If an appeal is requested, a hearing will be conducted by the hearing officer within fifteen calendar days of the date the request is received.

(Ord. No. 3613, § II(exh. A), 2014)

The decision of a hearing officer to suspend or revoke a permit shall be final.

(Ord. No. 3613, § II(exh. A), 2014)

(a) Application. All applications for permits shall be on a form supplied by the environmental health services and shall be accompanied by such fees as are established by the board of supervisors by resolution.

(b) Renewal. The fee for renewal of the permit shall be the same as the annual fee.

(c) Delinquency. In the event that application for renewal is not made within one calendar month of the date of expiration, a delinquency charge of twenty percent of the fee shall be assessed. For every calendar month of delinquency, an additional twenty percent of the fee shall be assessed.

(d) Reinspections. Conditions requiring additional inspections due to noncompliance with applicable statutes/regulations will incur an additional penalty as provided in the fee schedule in effect at the time of noncompliance.

(Ord. 3454 Exh. A, 2006: Ord. 3426 Exh. A, 2005: Ord. 3408 § Exh. A, 2004: Ord. 3381 § 2, 2003; Ord. 3373 § 2; Exh. A, 2003: Ord. 3336 § 2; Exh. A, 2002; Ord. 3320 § 2, Exh. A, 2000: Ord. 3303 § 2, (Exh. A), 1999; Ord. 3283 § 2, Exh. A, 1998; Ord. 3248 §§ 2, 4, Exh. A, 1997; Ord. 3229 § 3, Exh. A, 1996; Ord. 3206 § 2, 1995: Ord. 2129 § 1 (part), 1993)

(Ord. No. 3563, § II(exh. A), 2011; Ord. No. 3613, § II(exh. A), 2014)

Notwithstanding the provisions of Section 1.04.110, the fees imposed by Section 7.24.050 shall be applicable in any area in which the health officer enforces any statute, quarantine, rule or regulation prescribed by the state health officer or public health department, whether that area is incorporated or unincorporated.

(Ord. 3129 § 1 (part), 1993: Ord. 1754 § 3, 1970)

(Ord. No. 3613, § II(exh. A), 2014)

Misdemeanor. Any person controlling, leasing, acting as agent for, conducting, operating, or managing any food handling establishment in the unincorporated area of the county, who conducts or operates, or causes or permits to be conducted or operated, such food handling establishment without a permit to operate the same, or during the time of suspension of such permit, or after the revocation of such permit, shall be guilty of a misdemeanor. Each day of operation without a permit shall be deemed to be a separate and distinct offense.

(Ord. 3129 § 1 (part), 1993: Ord. 1463 § 7 (part), 1965; Ord. 807 § 3, 1956)

(Ord. No. 3613, § II(exh. A), 2014)

(a) Posting placard. Upon completion of a routine inspection or reinspection, the health officer shall post at every food establishment the appropriate placard, as determined by the health officer. The placard shall be posted so as to be clearly visible to the general public and to patrons entering the food establishment. "Clearly visible to the general public and to patrons" shall mean:

(1) Posted in the front window of the food establishment within five feet of the front door;

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

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

(b) Approved location. In the event that a food establishment is operated in the same building as a separately permitted or licensed business, or in the event that a facility shares common patron entrance with a separately permitted facility or licensed business, or in the event of both, the health officer shall post the placard in the initial patron contact area, or in a location approved by the health officer.

(c) Altered placard. The placard shall not be altered, defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the placard is posted in accordance with this chapter. Failure to comply with this section may result in the suspension or revocation of the public health permit.

(d) Removal of placard. Removal of the placard is unlawful and may result in the suspension or revocation of the public health permit.

(e) OIR required. In addition to the placard, the OIR shall be maintained at the food establishment and shall be available to the general public and to patrons for review upon request. The food establishment shall keep the OIR until such time as the health officer completes the next routine inspection or re- inspection and issues a new OIR. Failure to comply with this section may result in the suspension or revocation of the public health permit.

(f) Valid placard. A placard shall remain valid from the time of issuance until a new placard is issued at time of routine inspection, reinspection or change of ownership.

(Ord. No. 3613, § II(exh. A), 2014)

The health officer, and the health officer's duly authorized agents, are charged with the enforcement of the provisions of this chapter.

The health officer, and the health officer's duly authorized agents, may at all reasonable times enter any food facility or any place suspected of being a food facility to inspect the premises and utensils, implements, machinery, receptacles, fixtures, furniture, and other equipment, supplies, articles of food, operatives, and employees.

(Ord. No. 3613, § II(exh. A), 2014)