Chapter 4 — FOOD PROTECTION

Section

• 33.0401 Authority.
• 33.0402 Definitions.
• 33.0403 Plan Review and Construction Permits Required.
• 33.0404 Current Operational Permit Required.
• 33.0405 Enforcement Activities.
• 33.0406 General Health, Safety, and Sanitation Requirements.
• 33.0407 Specific Requirements.
• 33.0408 Nonpermanent Food Facilities.
• 33.0409 Food Handler Training.
• 33.0410 Violations, Remedies, and Penalties.

Pursuant to the authority cited in Chapter 1 (Authority and Administration) of this Environmental Health Code (E.H. Code), Health and Safety Code §§ 118375 et seq. (Common Drinking Cups), §§ 118425 et seq. (Common Towels), §§ 110970 et seq. (Ice), §§ 111070 et seq. (Bottled Water), §§ 113310 et seq. (Food Crop Growing), §§ 108850 et seq. (Glazed Ceramic Tableware), §§ 109875 et seq. (Sherman Food, Drug and Cosmetic), §§ 113700 et seq. (California Retail Food Code), §§ 112355 et seq. (Cold Storage), §§ 111955 et seq. (Wholesale Food Processors), §§ 112650 et seq. (Canneries), §§ 112500 et seq. (Frozen Foods), Title 17 of the Administrative Code, Penal Code § 383 (Sale of Adulterated Products), and other applicable State law, this County authorizes, that all food protection laws of the State and of this E.H. Code be enforced within this County by the Director and enforcement officers of the Division of Environmental Health Services (DEHS) of the County of San Bernardino. All provisions of Chapters 1, 2, and 3 of this E.H. Code shall apply to this Chapter except as provided herein. (Ord. 3105, passed - -1986; Am. Ord. 4158, passed - -2012; Am. Ord. 4196, passed - -2013)

Definitions herein shall supplement all definitions in the Health and Safety Code §§ 113728 et seq., pertaining to food protection, and of Chapters 1 and 3 of this E.H. Code. Any definitions not expressly stated herein shall be as defined in the Health and Safety Code §§ 113728 et seq., or as those sections may be amended hereafter. CONVENIENCE STORE. Any retail food facility or portion thereof where activities primarily relate to self-service of prepackaged foods and limited food preparation by employees, such as popcorn, beverages, ice products, condiments and hot dog warming. FOOD DISTRIBUTOR. Any wholesale place, building, structure, room or portion thereof, vehicle or other means of conveyance, where food or beverages are commercially distributed, stored, or held for transfer. It shall include: mobile food facilities commissaries, mobile support unit commissaries, vending commissaries, central storage or distribution facilities for school or retail facilities, or distribution facilities for beer, wine, or alcoholic beverages. FOOD FACILITY. Includes retail and wholesale food operations. FOOD HANDLING PLACE. Any retail or wholesale facility or portion thereof where activities primarily relate to food being held for or made available to the public in a packaged form or state requiring further processing off the facility’s premises. It shall include: grocery stores; vegetable markets; produce stands; seasonal produce stands; certified farmers’ markets; supermarkets; meat markets; seafood markets; health food stores; beer, wine, or alcoholic beverage stores; and similar operations at a fixed location. FOOD PROCESSOR. Any wholesale place, building, structure, room, or portion thereof, maintained, used or operated for the purpose of commercially packing, making, manufacturing, cooking, baking, mixing, processing, bottling, canning, packing, portioning, assembling, salvaging, re-conditioning or otherwise preparing or processing food, or beer, wine, or alcoholic beverages, including ice for human consumption. It shall include food processing commissaries and central kitchens for schools and central kitchens for retail facilities. ICE/SLUSH PRODUCTS MACHINE. Any machine manufacturing a nondairy ice/slush product using the principle of scraper blades sweeping a freezing surface or block of ice. NONPOTENTIALLY HAZARDOUS FOODS. All foods not defined as “potentially hazardous foods” in Health and Safety Code § 113871. PUBLIC EATING PLACE. Any retail food facility or portion thereof where activities primarily relate to the preparation of food for consumption on the facility's premises or for carryout per customer order. It shall include: restaurants, cafeterias, cafes, bakeries, taverns, bars, lounges, ice cream parlors, soda fountains, walk-in and drive-in movie theater snack bars, public or private school cafeterias, delicatessens, sandwich shops, snack bars, nonexempt food service operations, and similar food service operations at a fixed location. SEASONAL. A food facility in operation not more than a total of six months per any calendar year. (Ord. 3105, passed - -1986; Am. Ord. 4158, passed - -2012; Am. Ord. 4172, passed - -2012; Am. Ord. 4196, passed - -2013; Am. Ord. 4283, passed - -2015)

No construction activity shall occur for any facility or activity subject to DEHS jurisdiction without plan review and construction permits first being submitted to and approved by DEHS as provided in Chapter 2 of this E.H. Code. (Ord. 3105, passed - -1986; Am. Ord. 4158, passed - -2012; Am. Ord. 4196, passed - -2013)

(a) Generally. Except as exempted herein, no person or entity shall own, operate or permit any retail or wholesale activity pertaining to the handling or holding of food, without first applying for, receiving and retaining an unexpired, unsuspended, unrevoked permit from DEHS for each food facility or activity, and paying fees to DEHS in those amounts specified in the San Bernardino County Code Schedule of Fees, in accordance with Chapter 2 of this E.H. Code. (b) Food Facilities Generally Exempt from Permits. Permitting requirements do not apply to those activities that are expressly exempted by the Health and Safety Code definition of a “food facility.” (c) Limited Commercial Exemption. This Chapter shall not apply where only nonpotentially hazardous food, properly packaged or protected, properly labeled, and with no evidence of adulteration or exposure to adulteration, is vended to the public in machines or from permanent food facilities, with a food display area of 25 square feet or less. (Ord. 3105, passed - -1986; Am. Ord. 4158, passed - -2012; Am. Ord. 4196, passed - -2013)

Enforcement activities shall generally proceed as set forth in Chapters 1, 2, and 3 of this E.H. Code, and relevant State law pertaining to public food protection. (Ord. 3105, passed - -1986; Am. Ord. 4196, passed - -2013)

Every activity or facility subject to DEHS jurisdiction shall be so designed, constructed, repaired, replaced, conducted, operated, controlled, inspected, supervised, tested, and otherwise properly managed so that every reasonable step is taken to eliminate, reduce, or minimize the likelihood of injury, disease, or other harm where food activities relate to the public. Those requirements, specifications, and/or standards provided by State law for public food protection are hereby made applicable to every facility or activity subject to DEHS jurisdiction. (Ord. 3105, passed - -1986; Am. Ord. 4196, passed - -2013)

(a) Current Standards Apply. Every food facility or activity subject to DEHS jurisdiction herein established, or upon change in scope of operation, construction, reconstruction, conversion, remodeling, additions or replacement of equipment or fixtures or other substantial change, shall comply with all current approved standards. (b) Protection of Food from Adulteration or Contamination. Every food facility or activity subject to DEHS jurisdiction shall be so conducted that every reasonable step is taken to protect food from every circumstance whereby it may become adulterated, contaminated, or exposed to adulteration or contamination. (c) Other Specific Requirements. Where a State standard is not prescribed for any facility or activity subject to DEHS jurisdiction, the standards of this Chapter shall be complied with. (Ord. 3105, passed - -1986; Am. Ord. 4196, passed - -2013)

(a) Permits Required. Except as exempted herein, it shall be unlawful for any person to proclaim, hawk, peddle, cater, prepare, or serve food to the public from any nonpermanent food facility, as defined in the Health and Safety Code, without first applying for, receiving and retaining an unexpired, unsuspended and unrevoked permit from DEHS for each, and paying fees to DEHS in those amounts specified in the San Bernardino County Code Schedule of Fees. (b) Posting of Permits. Every permit sticker or document issued pursuant to Subdivision (a) shall be immediately affixed on the nonpermanent food facility in the manner specified by DEHS. (c) Community Event Requirements. No permit shall be issued by DEHS unless previously or concurrently every requirement of the San Bernardino County Code for community events in unincorporated areas, or the requirements of the local jurisdiction for community events in incorporated areas, have been complied with. (d) Mobile Food Facility Requirements. Mobile food facilities must comply with the following: (1) Meet all applicable plan check, equipment and other requirements as governed by Health and Safety Code §§ 114294 et seq.; (2) Report to an approved commissary on a daily basis for cleaning, servicing and storage, or where allowable pursuant to Health and Safety Code § 114295, operate in conjunction with an approved mobile support unit; and, (3) Provide to DEHS on a monthly basis, a schedule indicating the operating locations for the mobile food facility for the upcoming month. If changes occur to the schedule, the mobile food facility shall notify DEHS of the change within three business days. (Ord. 3105, passed - -1986; Am. Ord. 3848, passed - -2002; Am. Ord. 4158, passed - -2012; Am. Ord. 4172, passed - -2012; Am. Ord. 4196, passed - -2013; Am. Ord. 4283, passed - -2015)

(a) Intent. This Section is intended to set forth a uniform minimum standard of training and certification for all food handlers within this jurisdiction regarding the food protection laws of the State and this E.H. Code. (b) Applicability. Except as provided herein, no person shall work or allow the employment of any person as a food handler within this jurisdiction except when such food handler possesses an unexpired, unsuspended, unrevoked food handler card or a certificate after passing an approved and accredited food safety certification exam as described in § 113947.1 of the Health and Safety Code (“food safety certificate”). Food handlers are exempt from this requirement for 14 calendar days following the date of employment if working under the supervision of a person holding an unexpired, unsuspended, unrevoked food safety certificate. (c) Food Handler Card Eligibility. A person shall be eligible for a food handler card after paying a fee to DEHS in that amount specified in the San Bernardino County Code Schedule of Fees and successfully passing a DEHS-approved training course and proficiency examination. Every training course shall include at least two instructional hours in: microorganisms, sources of food borne disease, means whereby food is contaminated by microorganisms or toxic substances, methods of protecting food to prevent food borne illnesses, time and temperature criteria preventing food borne illnesses, food worker personal hygiene, disease transmission by utensils or equipment, and multi-use utensil washing and sanitizing procedures. (d) Expiration of Card. Every food handler card shall expire three years from the date of issuance. (e) Card Requirements After Issuance. Food handler cards are nontransferable. Every food handler on duty in any activity or facility subject to DEHS jurisdiction shall possess and present the required card upon request to DEHS enforcement officers. Every owner or operator of every facility engaging food handler(s) shall maintain upon the premises of such food facility the original unexpired food handler card or food safety certificate for all currently employed food handler(s), and present such copies upon request to DEHS enforcement officers. (f) Card Suspension and Due Process Generally. After consulting the Health Officer, DEHS enforcement officers may summarily suspend any food handler card upon reasonable cause to suspect that the card holder may pose an immediate risk of infectious disease transmission to the public or coworkers. Additionally, DEHS may summarily suspend a food handler card upon reasonable cause to suspect that the card holder’s action may pose a significant risk of disease transmission to the public or coworkers. Whenever a card is summarily suspended, the enforcement officer shall issue to the holder thereof a written notice setting forth the grounds of such suspension and informing the holder of his/her right to a hearing thereon within 15 calendar days or else such right shall be deemed waived. Generally, the administrative procedures set forth in § 33.0209 of this E.H. Code shall apply except as follows: (1) Any person whose card has been summarily suspended shall immediately surrender their card to a DEHS enforcement officer upon demand and immediately cease food handler activities. (2) Such suspension and cessation shall continue until the Health Officer or DEHS determines that the risk of infectious disease transmission from such food handler has ceased. At such time, DEHS shall return the suspended card to the holder within a reasonable period. (g) Appeal Procedures. Upon suspension of his or her card, any food handler may appeal such suspension to the Director of DEHS by requesting a hearing. Such request for hearing must be in writing and filed with the Director within 15 calendar days of such suspension. Such request for hearing shall be accompanied with documentation approved by the Health Officer, showing no disease transmission risk exists. Failure to request a hearing within this time period shall constitute a waiver of the right to appeal and the decision of the Director of DEHS shall be deemed final. Thereafter, at reasonable periodic intervals, any food handler whose card suspension has been sustained on appeal or who fails to request a hearing may petition for a review of their current health status and for the end to such card suspension. Such petition shall be accompanied with documentation, the type of which is approved by the Health Officer, to support the petition. Upon a proper showing, DEHS shall act upon the petition in the manner set forth for administrative hearings in Chapter 2 (Permits and Hearing Procedures) of this E.H. Code. (Ord. 3105, passed - -1986; Am. Ord. 3608, passed - -1995; Am. Ord. 4158, passed - -2012; Am. Ord. 4196, passed - -2013)

It shall be unlawful for any person or entity to violate any provision of this Chapter. Except as provided herein, all remedies/penalties of Chapters 1, 2, and 3 of this E.H. Code shall apply to this Chapter, and are in addition to all others provided by law. (Ord. 3105, passed - -1986; Am. Ord. 4196, passed - -2013)