San Bernardino County Municipal Code Ch. 14 Inspection Grading of Food Facilities

Pursuant to the authority cited in Chapter 1 (Authority and Administration) and Chapter 4 (Food Protection) of Division 3 of Title 3 of the San Bernardino County Code (hereinafter referred to as the “Code”), as well as Health and Safety Code § 113709, food facilities defined as permanent food facilities and any non-permanent non-prepackaged food facility shall be subject to a grading system as provided in this Chapter. All provisions of Chapters 1, 2, and 3 of this Division shall apply to this Chapter except as otherwise provided herein.

(Ord. 3930, passed - -2004; Am. Ord. 4137, passed - -2011; Am. Ord. 4172, passed - -2012)

Food Program Official Inspection Report (“OIR”) means the written report prepared and copy issued to a food facility by the Director of Environmental Health, as defined in § 33.0102, or his or her designee, (“Health Official”) after conducting a routine inspection of a food facility to determine compliance with all applicable Federal, State, and local laws and regulations relating to the protection of public health. Nothing in this provision shall prohibit the Health Official from immediately closing any food facility if, at his or her discretion, immediate closure is necessary to protect the public health.

(Ord. 3930, passed - -2004; Am. Ord. 4137, passed - -2011; Am. Ord. 4172, passed - -2012)

(a) GRADE. The letter grade issued by the Health Official at the conclusion of the routine inspection of a food facility. The grade shall be based upon the scoring method set forth in this Section resulting from the OIR and shall reflect the food facility’s degree of compliance with all applicable Federal, State, and local laws and regulations relating to the protection of public health.

(b) LETTER GRADE. The letter grade shall be based upon the final numerical percentage score set forth in the OIR as follows:

(1) A grade of “A” shall indicate a final score of 90 percent or higher, as determined by the Health Official;

(2) A grade of “B” shall indicate a final score between 80 and 89 percent, as determined by the Health Official;

(3) A grade of “C” shall indicate a final score between 70 and 79 percent, as determined by the Health Official.

(c) LETTER GRADE CARD. A card that shall be posted by the Health Official at a food facility upon completion of a routine inspection that indicates the letter grade of the food facility as determined by the Health Official using the scoring method set forth in this Section and includes an inspection summary report. An inspection summary report is a summary of the OIR as defined in § 33.1402.

(d) MINIMUM SCORE REQUIREMENT. Any food facility that fails to attain at least a “B” grade, as defined herein, shall be issued written notice, through an OIR, by the Health Official. The food facility must correct the deficiencies listed in the OIR and must file a written request for a re-score inspection with the Health Official within 30 days of the OIR. A re-score inspection shall be conducted by the Health Official and be subject to a re-score inspection fee as provided in the San Bernardino County Code, Schedule of Fees. The Health Official will complete the re-score inspection. A food facility failing to comply with the OIR, or failing to attain at least a “B” grade on the re-score inspection may be immediately closed by the Health Official and remain closed until at least a “B” grade is achieved on a re-score inspection.

(Ord. 3930, passed - -2004; Am. Ord. 3976, passed - -; Am. Ord. 4137, passed - -2011; Am. Ord. 4172, passed - -2012)

NOTICE OF CLOSURE means a public notice that shall be posted by the Health Official at a food facility upon suspension or revocation of the food facility’s public health permit and that results in the closure of the food facility and the discontinuance of all operations of the food facility, by order of the Health Official, because of violations of applicable Federal, State, and local laws and regulations relating to the protection of public health. The notice of closure shall remain posted until removed by the Health Official. Removal or relocation of the notice of closure by any person other than the Health Official or the refusal of a food facility to close upon issuance of the written notice of suspension of the permit to operate is a violation of this Chapter and may result in the revocation of the food facility’s permit to operate and shall be punishable as specified in § 33.0112 of this Code.

(Ord. 3930, passed - -2004; Am. Ord. 4137, passed - -2011; Am. Ord. 4172, passed - -2012)

(a) ROUTINE INSPECTION means an unannounced inspection of any food facility to determine compliance with all applicable Federal, State, and local laws and regulations relating to the protection of public health. A routine inspection shall not mean an inspection conducted by the Health Official to determine compliance with a previously issued OIR or any interim inspection conducted to determine compliance with specific regulations or legal requirements.

(b) RE-SCORE INSPECTION means a complete routine inspection that may be required of (as provided in § 33.1403(d)), or requested by, the food facility.

(1) A re-score inspection shall be conducted by the Health Official following the filing of a re-score inspection request form. In accordance with the County Code Schedule of Fees, the re-score inspection fee must be paid by the food facility upon demand by the Health Official.

(2) At the conclusion of the re-score inspection of the food facility, the letter grade card shall be issued based upon the scoring method set forth in this Chapter resulting from the OIR.

(Ord. 3930, passed - -2004; Am. Ord. 4137, passed - -2011; Am. Ord. 4172, passed - -2012; Am. Ord. 4172, passed - -2012)

(a) Upon completion of a routine inspection, the Health Official shall post at every food facility the letter grade card, so as to be clearly visible to the general public and to patrons entering the food facility. CLEARLY VISIBLE TO THE GENERAL PUBLIC AND TO PATRONS shall mean:

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

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

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

(b) In the event that a food facility is operated in the same building or space as a separately licensed or permitted business, or in the event that a food facility shares a common patron entrance with a separately licensed or permitted business, or in the event of both, the Health Official shall post the letter grade card, in the initial patron contact area, or in a location approved by the Health Official.

(c) The letter grade card shall not be defaced, marred, camouflaged, hidden, relocated or removed. It shall be unlawful to operate a food facility unless the letter grade card is posted. Defacing, marring, camouflaging, hiding, relocating or removing the letter grade card may result in the suspension or revocation of the permit to operate and shall be punishable as specified in § 33.0112 of this Code.

(d) The OIR upon which the letter grade card is based shall be maintained at the food facility and shall be available to the general public and to patrons for review upon request. The food facility shall keep the OIR until such time as the Health Official completes the next routine inspection of the food facility and issues a new OIR.

(Ord. 3930, passed - -2004; Am. Ord. 4137, passed - -2011; Am. Ord. 4172, passed - -2012)

A letter grade card shall remain valid until the Health Official completes the next routine inspection of the food facility.

(Ord. 3930, passed - -2004; Am. Ord. 4137, passed - -2011; Am. Ord. 4172, passed - -2012)