Article VII — FOOD HANDLERS

For the purposes of this article, the words set out in this section shall be defined as follows:

(a)

Department means the San Diego County Department of Health Services.

(b)

Director means the Health Officer of the County Department of Health Services or his duly appointed deputy or representative.

(c)

Food handler means any person engaged or employed in a business, occupation or establishment for which a permit is required by Sections 8.04.010 through 8.04.650 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.

(d)

Food service manager means 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.

No person shall act as or be engaged as a food handler unless such person:

(a)

Possesses a valid food handler training certificate as described in Section 8.04.680; or

(b)

Is working in an establishment under the supervision of a food service manager possessing a food service manager training certificate as described in Section 8.04.690, and possesses a food handler card as described in Section 8.04.700; provided, however, that a person may act or be engaged as a food handler under the supervision of such a food service manager for up to ten calendar days without a food handler card.

(a)

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 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 said course, a person must pass a proficiency test, approved by the Health Officer, with at least a 70 percent grade. The course of instruction shall include at least the following subjects:

(1)

Microorganisms;

(2)

Sources of food-borne disease microorganisms;

(3)

Food-borne diseases;

(4)

The means by which food is contaminated by microorganisms and toxic substances;

(5)

Methods for protection of food to prevent food-borne 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)

Dish washing procedures.

(b)

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 years from the date of issuance.

(a)

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 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 70 percent grade.

(b)

The course or instruction shall include at least the following subjects:

(1)

Microbiology of food-borne disease;

(2)

Methods of preventing food-borne diseases;

(3)

Personal sanitation practices;

(4)

Ware washing 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.

(c)

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 85 percent grade:

(1)

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 years of occupational experience in said fields; or

(2)

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

(3)

A high school diploma or its equivalent or evidence of successful completion of secondary education and at least six years of occupational experience in the food service field.

(d)

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 years' experience in food sanitation.

(e)

The Health Officer's designation of persons or agencies to issue food service manager training certificates and the Health Officer's approval of instructors, 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.

A food handler card or 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 70 percent grade. Said test shall be prepared by the Health Officer based on information contained in an information 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 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 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.

No person who owns or operates a business, occupation or establishment for which a permit is required by Sections 8.04.010 through 8.04.650 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 Sections 8.04.670 through 8.04.700.

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.

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 Sections 8.04.010 through 8.04.650 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 co-employees, 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 co-employee 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.

No fee shall be charged for any test or examination made pursuant to this chapter by the department. The City shall not 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.

Any person who violates any provision of this chapter is guilty of a misdemeanor and each offense shall be punished by a fine of not less than $25.00 nor more than $500.00 or by imprisonment in the county jail for a term not exceeding six months, or by both such fine

and imprisonment.