National City Municipal Code Ch. 9.04 Food Regulations

The city council adopts San Diego County Ordinance No. 2443 pertaining to the preparation and distribution of food by reference to a copy of said ordinance, which copy is on file at City Hall and by this reference made a part hereof, subject to the following additions, amendments and deletions.

(Ord. 1067 § 1 (part), 1963)

Section 1 and the preamble to Section 2 ending with the words "to read as follows:" are deleted.

(Ord. 1067 § 1(a), 1963)

Section 61.100 is amended to read "the City Council of the City of National City" in place of the words "the Board of Supervisors."

(Ord. 1067 § 1(b), 1963)

Section 61.101(f) is amended to read as follows: "'Health Officer' means the San Diego County Director of Public Health acting as the Health Officer of the City of National City and any regularly appointed sanitarian or employee of the County of San Diego Department of Public Health."

(Ord. 1067 § 1(c), 1963)

Section 61.101(i) is amended to read as follows: "'PROVIDED BY LAW' means authorized or required by this code, the rules of the San Diego County Board of Health, the California Restaurant Act, and other applicable City ordinances and State laws, and the rules or regulations of the State Department of Public Health."

(Ord. 1067 § 1(d), 1963)

Section 61.103 is amended to insert the words "Section 2 of this Ordinance" for the words "Section 11.116 of this code."

(Ord. 1067 § 1(e), 1963).

Section 61.111 is amended by substituting the words "City Treasurer of the City of National City" for the words "Health Department" and by substituting "City Treasurer of the City of National City" for the words "Health Officer."

(Ord. 1067 § 1(f), 1963)

Section 61.113 shall be amended by substituting the words "City Council of the City of National City" for the words "Board of Supervisors."

(Ord. 1067 § 1(g), 1963)

Each health permit and/or alphabetical grade card issued shall be kept posted in a conspicuous place in the establishment for which the permit is issued. The health officer shall prescribe the location in or on the establishment where such permit shall be kept posted. Alphabetical grade cards shall be posted in the front window of the establishment so as to be clearly visible to patrons entering the establishment, or in a display case mounted on the outside of the front door, or in a display case mounted on the outside front wall of the establishment within five feet of the front door, or in some other location clearly visible to patrons entering the establishment which has been approved by the health officer. The alphabetical grade card shall be protected from damage by weather conditions and shall not be defaced, marred, or camouflaged or hidden so as to prevent the general public from observing it.

(Ord. 1731 § 1, 1981)

Section 61.121 shall be amended by substituting the words "City of National City" for the word "County."

(Ord. 1067 § 1(h), 1963)

Section 61.123 shall be amended by deleting the words "to Sections 11.116 and 11.117 of this code" and inserting therein the words "Section 2 of this ordinance."

(Ord. 1067 § 1(i), 1963)

Section 61.126 shall be amended by substituting the words "City Council of the City of National City" for the words "Board of Supervisors" wherever used in said section.

(Ord. 1067 § 1(j), 1963)

Section 61.172 shall be amended as follows: "The provisions of this division and of other National City ordinances, County ordinances and State laws and regulations relative to health and sanitation apply to food vending vehicles."

(Ord. 1067 § 1(k), 1963)

Section 61.177 is repealed.

(Ord. 1881 § 2, 1986: Ord. 1872 § 2, 1985)

Sections 61.201 through 61.210 are amended to read as follows:

"SECTION 61.201. FOOD HANDLER. For the purpose of this ordinance, the term 'FOOD HANDLER' shall mean any person engaged or employed in a business, occupation, or establishment for which a permit is required by Section 61.110 of this ordinance who handles food in such manner that some portion of his clothing or body or body discharge might come in contact with such food or with the utensils used in connection therewith.

"SECTION 61.202. DIRECTOR. For the purpose of this ordinance, the term 'DIRECTOR' shall mean the Director of Building and Housing or his duly appointed deputy or representative.

"SECTION 61.203. DEPARTMENT. For the purpose of this ordinance, the term 'DEPARTMENT' shall mean the Department of Building and Housing.

"SECTION 61.204. FOOD SERVICE MANAGER. For the purposes of this chapter, 'FOOD SERVICE MANAGER' shall mean the owner, operator, licensee, or any other person who supervises all or part of food service operations within a food service operations within a food service establishment and is responsible for the actions of employees under his or her charge.

"SECTION 61.205. FOOD HANDLER TRAINING. No person shall act as or be engaged as a food handler unless such person: (1) possesses a valid Food Handler Training Certificate as described in subdivision (a) of this Section, or (2) is working in an establishment under the supervision of a food service manager possessing a Food Service Manager Training Certificate as described in subdivision (b) of this Section, and possess a Food Handler Card as described in subdivision (c) of this Section; provided, however, that a person may act as or be engaged as a food handler under the supervision of such food service manager for up to ten (10) calendar days without a Food Handler Card.

(a) Food Handler Training Certificate. Food Handler Training Certificates or renewals thereof shall be issued by the Health Officer, or any other qualified person or agency as may be designated by the Health Officer, to Persons who, immediately preceding such issuance, have successfully completed a food sanitation training course having a duration of at least three (3) hours, taught by an instructor approved by the Health Officer, and having a course content approved by the Health Officer. In order to successfully complete said course, a person must pass a proficiency test, approved by the Health Officer, with at least a 70% grade. The course of instruction shall include at least the following subjects:

(1) Microorganisms;

(2) Sources of foodborne disease microorganisms;

(3) Foodborne diseases;

(4) The means by which food is contaminated by microorganisms and toxic substances;

(5) Methods for protection of food to prevent foodborne illnesses;

(6) Control of the spread of disease through food;

(7) Personal hygiene for food handlers;

(8) The role of utensils and equipment in the transmission of diseases; and

(9) Dishwashing procedures.

The Health Officer's designation of persons or agencies to issue Food Handler Training Certificates and the Health Officer's approval of instructors and course contents may be withdrawn by the Health Officer at any time. The Food Handler Training Certificate shall be valid for three (3) years from the date of issuance.

(b) Food Service Manager Training Certificate. A Food Service Manager Training Certificate shall be issued by the Health Officer, or by a person or agency authorized by the Health Officer, to any person who has (1) attended a food service manager's training course, having a duration of at least 16 hours, taught by an instructor approved by the Health Officer, and having a course content approved by the Health Officer, and (2) has passed a proficiency test, approved by the Health Officer, with at least a 70% grade. The course of instruction shall include at least the following subjects:

(1) Microbiology of foodborne disease;

(2) Methods of preventing foodborne disease;

(3) Personal sanitation practices;

(4) Warewashing and sanitizing;

(5) Housekeeping and waste disposal practices;

(6) Food purchasing, transportation, receiving and storage;

(7) Food preparation and use;

(8) Sanitation of kitchens;

(9) Dining service;

(10) Legal regulations of the food industry; and

(11) Sanitation and safety management.

A Food Service Manager Training Certificate may also be issued to persons with any one of the following combinations of academic preparation and work experience, providing they pass the proficiency test specified above with at least an 85% grade:

A) A baccalaureate degree with at least a minor in food service occupations, environmental sanitation, biological sciences, hospitality services or related subjects and at least two years of occupational experience in said fields; or

B) An associate degree or 60 semester units of course work in food service occupations, environmental sanitation, biological sciences, hospitality services or related subjects and at least four years of occupational experience in said fields; or

C) A high school diploma or its equivalent or evidence of successful completion of secondary education and at least six years of occupational experience in the food service field.

A Food Service Manager Training Certificate may be issued by the Health Officer to any person possessing formal education and practical experience in the application of food sanitation principles determined by the Health Officer to be equivalent to the formal education and practical experience to that of a registered sanitarian with ten (10) years experience in food sanitation.

The Health Officer's designation of persons or agencies to issue Food Service Manager Training Certificates and the Health Officer's approval of instructors course contents and proficiency tests may be withdrawn by the Health Officer at any time. The Food Service Manager Training Certificate shall not expire by passage of time.

(c) Food Handler Card. A Food Handler Card or a renewal thereof, in a form prescribed by the Health Officer, may be issued by a food service manager possessing a Food Service Manager Training Certificate to food handlers under the manager's supervision, provided said food handlers pass a test relating to fundamental principles of sanitary food services practices, with at least a 70% grade. Said test shall be prepared by the Health Officer based on information contained in an informational booklet on sanitary food practices, which shall also be prepared by the Health Officer and which shall be distributed at cost by the Health Officer. Test records and records of the duration of the food handler's employment, including the date that the food handler began to perform food handling services, shall be maintained on the premises where the food handler is performing such services.

The Food Handler Card shall be valid for three years from the date of issuance, or until the food handler's performance of food handling services at the establishment where the Card was issued ceases, or until the expiration of sixty (60) days from the date that the establishment ceases to have a food service manager possessing a Food Service Manager Training Certificate to supervise the food handler, whichever occurs the earliest.

"SECTION 61.206. EMPLOYMENT OF FOOD HANDLERS. No person who owns or operates a business, occupation or establishment for which a permit is required by Chapter 1 of Division 1 of this Title 6 shall permit or authorize any person to act as or be engaged as a food handler in said business, occupation or establishment unless such person is legally permitted to act as or be engaged as a food handler pursuant to Section 61.205.

"SECTION 61.207. TRANSMISSIBLE DISEASE. No person who has contracted or is afflicted with a disease or infection determined by the Director to be a danger to public health transmissible either directly or through food or drink to other persons, or who is known or suspected to be a carrier of organisms causing such disease, or who has come in contact with any person afflicted with such communicable disease or infection, shall act or be engaged or employed as a food handler.

"SECTION 61.208. TRANSMISSIBLE DISEASE—MEDICAL EXAMINATION—EXCLUSION. Whenever information that the possibility of transmission of disease determined by the Director to be a danger to public health exists in a food handler or in any business, occupation or establishment for which a permit is required by this ordinance is presented to the Director, he shall investigate conditions and take appropriate action. The Director may, after investigation, and for reasonable cause, require any of the following measures to be taken:

(a) The immediate exclusion by the Director of any food handler from the affected business, or establishment.

(b) The immediate closing of any affected business or establishment until, in the opinion of the Director, no further danger of the outbreak of disease exists.

(c) Medical examination of the owner, employee, and his 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 establishment operation, until a medical or laboratory examination shows that the person is not infected with, or a carrier of, any such disease in a communicable form.

"SECTION 61.210. FEES. The city of National City shall not be liable for any fee or charge made for any test, X-ray, or examination required by this ordinance."

(Ord. 1733 § 1, 1981: Ord. 1639 § 2, 1978; Ord. 1490 § 3, 1975: Ord. 1067 §§ 61.201—61.210, 1963)

Section 3 and Section 4 of San Diego County Ordinance No. 2443 are deleted.

(Ord. 1067 § 1(1), 1963)

A. Any violation of Sections 9.04.010 through 9.04.130 constitutes an infraction and is punishable as prescribed in Section 1.20.010.

B. Any person guilty of any separate offense under Section 9.04.010 is guilty of a separate offense for each and every day during any portion of which any violation of the preceding Section 9.04.010 was committed, existed or allowed to continue.

(Ord. 1621, 1978; Ord. 1358 § 2 (part), 1973; Ord. 1067 § 2, 1963)

The city council adopts San Diego County Ordinance No. 2631 (new series) and Ordinance No. 2632 (new series), pertaining to amendments to the San Diego County Code, as the code codifies San Diego County Ordinance No. 2443, adoption being by reference to a copy of said ordinances which are on file in City Hall and by this reference are made a part hereof.

(Ord. 1083 (part), 1963)

The city council adopts San Diego County Ordinance No. 2663 pertaining to amendments to the San Diego County Code, as the code codifies San Diego County Ordinance No. 2443, adoption being by reference to a copy of said ordinance which is on file in City Hall and by this reference is made a part hereof.

(Ord. 1098 (part), 1964)

The provisions of the County Code of Regulatory Ordinances concerning permitting and regulation of wholesale food warehouses, codified at sections 61.212 through 61.256 of the County Code, are incorporated into this code by reference.

(Ord. 2222 § 3, 2003)