San Anselmo Municipal Code Ch. 6 Regulations for Food Handlers

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

(a) "Food" shall mean all articles used for human consumption as food, drink, confectionery, or condiment, whether simple or compound.

(b) "Food establishment" shall mean any building, room, stand, vehicle, enclosure, place, space or area where any cooked or uncooked article of food is stored, prepared, manufactured, processed, wrapped, canned, packed, bottled, distributed, served, or displayed excepting that private dwellings in which food is handled by and for only the occupants of these dwellings and their household guests shall not be included in this definition.

(c) "Health Officer" shall mean the Health Officer of the County, or his authorized representatives.

(d) "Person" shall mean an individual, firm, corporation, partnership, club, association, or organization.

(e) "Employee" shall mean 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, shall be subject to the same requirements as any other person so engaged.)

(§ 1, Ord. 478, eff. March 29, 1962)

It shall be unlawful for any person to operate any food establishment within the City without a valid certificate issued by the Health Officer or his authorized representative. Such certificate shall bear the date of expiration and shall be displayed prominently in the place of business for which it is issued.

No certificate to operate such place of business shall be issued until all the provisions of this chapter and the California Restaurant Act, and all rules and regulations of the State Board of Public Health, have been complied with. No certificate to operate shall be issued until there is presented to the Health Officer satisfactory evidence that each and every employee of the establishment has had, within the preceding twelve (12) months, an appropriate test indicating freedom from tuberculosis in a communicable stage. Such test shall be a negative mini-film or other X ray of the chest or a negative tuberculin skin test. If the test done to satisfy this requirement does not definitely indicate freedom from contagious tuberculosis, and further medical investigation of the food handler is necessary in order to reach a definite conclusion, the food handler may, at the discretion of the Health Officer, continue to work pending completion of necessary medical studies if, in the opinion of the Health Officer, no public health hazard will arise as a result of the individual's continued employment as a food handler. If a food establishment has in its employ one or more persons who are being permitted by the Health Officer to continue to work pending completion of tests to determine the presence or absence of contagious tuberculosis, such establishment shall be issued a certificate which shall expire at a date determined by the Health Officer but not later than three (3) months from the date of issuance. When all employees of a food establishment have been proven free of tuberculosis in a communicable state, and all other requirements of this chapter have been met, a regular certificate to operate shall be issued and shall be valid for six (6) months from the date of issuance. If contagious tuberculosis is proven in any of the employees of a food establishment, such employees shall be immediately excluded from the food establishment; if such employees are not excluded, the certificate to operate shall be immediately suspended by the Health Officer for the protection of the public health. A certificate shall not be transferable upon change of ownership of a food establishment.

Inspection pursuant to the provisions of this chapter shall be based upon the provisions of the California Restaurant Act and on rules and regulations of the State Board of Public Health and subsequent modifications thereto.

A certificate may be suspended by the Health Officer for violation of any provision of this chapter but not until after the holder has been given an opportunity for a hearing before the Health Officer, except that a certificate shall be immediately suspended if employees with contagious tuberculosis or other communicable disease are not immediately excluded from the food establishment as ordered by the Health Officer. After the hearing, a reasonable time shall be permitted by the Health Officer for correction of the violations. During such correctional period, the certificate may be suspended, and the food establishment may be ordered closed during the suspension if the Health Officer deems such action necessary for the protection of the public health. The suspension shall be lifted if full compliance with sanitary requirements is obtained at the end of the time permitted; if compliance is not obtained, the certificate shall be revoked.

(§ 1, Ord. 478, eff. March 29, 1962)

After the issuance of any certificate pursuant to the provisions of this chapter, and during the life thereof, no person shall be employed or work in the particular food establishment except as follows:

(a) Those persons cleared by the Health Officer when the certificate was issued; and

(b) Those persons cleared by the Health Officer prior to commencing work in the particular establishment after the certificate was issued.

(§ 1, Ord. 478, eff. March 29, 1962)

Any person who operates a food establishment within the City without a valid certificate from the Health Officer shall be guilty of a misdemeanor.

(§ 1, Ord. 478, eff. March 29, 1962)