Chapter 7.20 — FOOD HANDLERS

State Law reference— Health requisites for restaurants, etc., Health and Safety Code § 28686 et seq.; health requirements for retail food production and marketing establishments, Health and Safety Code § 28820 et seq.

It is the purpose and intent of the city council to prevent the spread of infectious disease and to conform to the standard established within the county by requiring all food workers in the city to demonstrate through process of the sanitary principles and practices within the food industry.

(Code 1972, § 7.20.010; Ord. No. 469, § 1, 1977)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Food worker's certificate means a statement issued by the health officer certifying that a person is free from illness or condition caused by any infectious agent as defined under Health & Safety Code § 113949.1(b)(California Retail Food Code—Local health officer; action upon notification of food transmitted illness; investigation; available measures), in a manner acceptable to said health officer, and has satisfactorily demonstrated his competency in food sanitation principles and practices.

Food worker's manual means the manual prepared and distributed to food handlers by the health officer that describes acceptable procedures and sanitary practices as they pertain to the retail food service industry.

Health officer means the health officer of the county, or his designated representative.

(Code 1972, § 7.20.020; Ord. No. 469, § 2, 1977)

No work, occupation or employment which requires or occasions the handling of any food, liquid or material intended for food or drink for human consumption, or the handling of any dishes or other articles used in the preparation of service of food or drink for human consumption, shall be performed by a person who does not hold or produce a food worker's certificate, as required by this chapter, and no owner, manager or agent of such owner, or person in charge of any establishment or business shall retain in the employ thereof for the performance of such services, any person who does not hold and produce a food worker's certificate, as required by this chapter.

(Code 1972, § 7.20.030; Ord. No. 469, § 3, 1977; Ord. No. 628, § 1, 1985)

Any person who engages or serves or seeks employment relating to domestic or household work or to temporary, occasional or intermittent functions of bona fide religious, charitable or public service organizations, including fraternal organizations, veterans' organizations, established youth organizations or parent-teacher associations, or students in public or private schools under the age of 16 engaged in school food operations, and civic or community organizations or groups, the primary purpose of which is the betterment of the cultural, social or economic welfare and environment of the community, shall be exempt from the provisions of section 7.20.030.

(Code 1972, § 7.20.040; Ord. No. 469, § 4, 1977)

Any person who is engaged or intends to engage in an occupation or employment for which a food worker's certificate is required by section 7.20.030 shall file with the health officer an application for such certificate or a renewal thereof in such form as the health officer may require, which application shall be accompanied by a nonrefundable fee of $5.00, provided, however, students 16 years of age or older engaged in school food operations are exempted from such fee.

(Code 1972, § 7.20.050; Ord. No. 469, § 5, 1977; Ord. No. 628, § 2, 1985)

To qualify for the issuance or renewal of the food worker's certificate required by section 7.20.030, the applicant shall have demonstrated his knowledge of acceptable practices in the sanitary preparation, service, storage, distribution and sale of food and beverages, and the proper sanitation of equipment and facilities. Such demonstration of knowledge shall be by satisfactorily passing an examination conducted by the health officer on such subjects, based on the practices and procedures set forth in the food worker's manual. A copy of the latest edition of said manual shall be made available by the health officer to those persons applying for a food worker's certificate or renewal thereof.

(Code 1972, § 7.20.060; Ord. No. 469, § 6, 1977; Ord. No. 628, § 3, 1985)

When qualified pursuant to section 7.20.060, the applicant shall be issued a food worker's certificate containing the following information: certificate number, name, home address, expiration date, and attesting signature. Such certificate shall expire two years after the date it was issued. Any person whose health, in the opinion of the health officer, requires further investigation may be issued a temporary food handler's certificate, at the discretion of the health officer, for a period not to exceed three months.

(Code 1972, § 7.20.070; Ord. No. 469, § 7, 1977; Ord. No. 628, § 4, 1985)

A duplicate food worker certificate, for good cause, may be issued by the health officer for a fee of $1.00.

(Code 1972, § 7.20.080; Ord. No. 469, § 8, 1969)

The food worker certificate may be revoked by the health officer upon evidence indicating repeated or continuing violations of accepted practices and procedures in the preparation, service, storage, distribution or sale of food or beverages, or upon evidence indicating falsification of information required for issuance of such certificate, or an infectious condition creating a hazard to the public or coworkers.

(Code 1972, § 7.20.090; Ord. No. 469, § 9, 1977)

(a)

Any person who has an application for a food worker's certificate denied by the health officer, or who has had such a certificate revoked by the health officer, may appeal such denial or revocation by filing with the city clerk, within ten days after the date of such denial or revocation, a written notice of appeal briefly setting forth the reasons why such denial or revocation is not proper. The clerk shall give notice of the time and place of the hearing to the appellant.

(b)

Such appeal shall be heard by the city council, which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(Code 1972, § 7.20.100; Ord. No. 469, § 10, 1977)

Any person required to have a food worker's certificate shall immediately submit such certificate to his employer. It shall be the duty of every such employer to keep on continuous display at the place of employment the food worker's certificates of all such persons employed or engaged therein, and to display therewith a current list of all such persons therein engaged or employed for comparison with such certificates. Upon termination of employment, each unexpired certificate shall be returned to the holder.

(Code 1972, § 7.20.110; Ord. No. 469, § 11, 1977)

The provisions of the California Uniform Retail Food Facilities Law, as enacted by the county department of health on January 1, 1985, are adopted by the city, and all food workers issued a certificate pursuant to section 7.20.030 shall fully comply with the provisions of the California Uniform Retail Food Facilities Law.

(Code 1972, § 7.20.120; Ord. No. 679, § 2, 1987)