Oceanside Municipal Code Art. IV Food Handlers

For the purposes of this chapter, "food handler" shall mean any person engaged or employed in a business, occupation or establishment for which a permit is required by the San Diego County Code of Regulatory Ordinances who handles food in such manner that some portion of his clothing or body or body discharges might come in contact with such food or with the utensils used in connection therewith.

"Food handler" shall not include, however, those persons engaged or employed in youth organizations, churches, church societies, private clubs or other nonprofit associations of a religious, philanthropic, civic improvement, youth development, social, political or educational nature which purchase food, food products or beverages, for service without charge to their members, or for service or sale at a reasonable charge to their members or to the general public at fund-raising events, for consumption on or off the premises at which the food, food products or beverages are served or sold, if the service or sale of such food, food products or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full time to care for or operate equipment used in such an arrangement.

(Ord. No. 83-14, § 4, 4-27-83)

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 establishment and is responsible for the actions of employees under his or her charge.

(Ord. No. 83-14, § 4, 4-27-83)

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.

(Ord. No. 83-14, § 4, 4-27-83)

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 the San Diego County Code of Regulatory Ordinances 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 coemployees, 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 coemployee 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.

(Ord. No. 83-14, § 4, 4-27-83)

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; however, a person may act as or be engaged as a food handler under the supervision of such a 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 such course, a person must pass a proficiency test, approved by the health officer, with at least a seventy (70) percent 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 manage 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 sixteen (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 seventy (70) percent grade. The course of instruction shall include at least the following subjects:

(1) Microbiology of foodborne disease;

(2) Methods of preventing foodborne diseases;

(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 eighty-five (85) percent grade:

i) 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 (2) years of occupational experience in such fields; or

ii) An associate degree or sixty (60) semester units of course work in food service occupations, environmental sanitation, biological sciences, hospitality services or related subjects and at least four (4) years of occupational experience in such fields; or

iii) A high school diploma or its equivalent or evidence of successful completion of secondary education and at least six (6) 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 instructor's 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 seventy (70) percent grade. Such 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 (3) 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.

(Ord. No. 83-14, § 4, 4-27-83)

Persons engaged or employed as food handlers in acute care hospitals, acute psychiatric hospitals, skilled nursing facilities, intermediate care facilities, small intermediate care facilities/developmentally disabled habilitative facilities, special hospitals, and acute care/rehabilitation hospitals licensed by the State of California, who meet state requirements pertaining to food handler training, shall be deemed to be in compliance with the requirements of section 12.28.

(Ord. No. 83-14, § 4, 4-27-83)

No person who owns or operates a business, occupation or establishment for which a permit is required 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 12.27 or this section.

(Ord. No. 83-14, § 4, 4-27-83)

The owner or operator of any business, occupation or establishment employing food handlers shall maintain on the premises of such business, occupation or establishment a list of all food handlers and food service managers employed therein. In addition, the owner or operator shall maintain copies of the food handler training certificates, food handler cards, and food service manager training certificates of each food handler or food service manager employed at the facility. All such records shall be made available to the health officer or his representative, upon request, at all times the establishment is open for business.

(Ord. No. 83-14, § 4, 4-27-83)

No fee shall be charged for any test or examination made pursuant to this chapter by the department. Neither the County of San Diego nor the city shall be liable for any fee or charge made for any test, X ray or examination required by this chapter that is not made by the department.

(Ord. No. 83-14, § 4, 4-27-83)