Chapter 4.56 — FOOD FACILITIES

The term "food facility" shall have the same meaning as that defined in Division 104, Part 7, Chapter 4 of the California Health and Safety Code (hereinafter "the California Uniform Retail Food Facilities Law" or "CURFFL."

(Ord. 4276, 08/16/05)

The term "food establishment" shall have the same meaning as that defined in CURFFL.

(Ord. 4276, 08/16/05)

The term "mobile food facility" shall have the same meaning as that defined in CURFFL.

(Ord. 4276, 08/16/05)

The term "mobile food preparation unit" shall have the same meaning as that defined in CURFFL.

(Ord. 4276, 08/16/05)

Any Person operating a food facility shall obtain all necessary permits to conduct business, including, but not limited to, a public health permit. In addition to the penalties prescribed under Article 4 (commencing with Section 113925), violators shall be subject to closure of the facility and a penalty not to exceed three times the cost of the public health permit.

(Ord. 4276, 08/16/05)

Notwithstanding any other provision of this chapter, a mobile food facility shall comply with all the State health laws and regulations and the provisions of this code concerning "food establishment" if it sells or displays food in a single location for more than thirty (30) minutes. A mobile food facility shall also comply with State health laws and regulations and the provisions of this code concerning food establishments if it sells or displays food within 500 feet of a location where it has sold or displayed food for five (5) minutes in the previous four (4) hour period.

(Ord. 4276, 08/16/05)

(a)

Upon completion of a routine inspection or re-inspection of a food facility, Environmental Health Services Division staff (staff) shall post at the food facility the appropriate placard, as determined by the Director of Environmental Health Services Division (Director), or his or her designee, indicating the compliance status of said food facility with respect to food handling practices. The placard shall be posted in a location that is clearly visible to the general public and patrons entering the food facility.

"Clearly visible to general public and patrons" means:

Posted in the window of the food facility within five feet of its main entrance; or

Posted in a display case mounted on the outside wall of the food facility within five feet of its main entrance; or

Posted in a location approved by the Director, or his or her designee, to ensure proper notice to the general public and patrons of fixed and mobile food facilities.

In the event a food facility is operated in the same building as a separately permitted or licensed business, or in the event that a food facility shares a common patron entrance with a separately permitted facility or licensed business, or in the event of both, staff shall post the placard in the food facility's initial point of sale area or in a location approved by the Director, or his or her designee.

(b)

The placard is the property of San Mateo County and shall not be defaced, marred, camouflaged, hidden, obstructed in any way, removed, and/or placed at a height or location that the Director, or his or her designee, determines contradicts the intent of this section. It is unlawful to operate a food facility unless the placard is posted in accordance with this section.

(c)

The placard shall remain in force from the time of issuance until a new placard is issued at the completion of a routine inspection, re-inspection, or change of ownership.

(d)

Upon a finding by staff that a food facility Permit holder has violated any provision of this section, staff may issue an administrative order requiring that the violation be corrected. For any repeat violation of this section, a food facility Permit holder may be subject to a fine of up to five hundred dollars ($500.00) per violation.

Notice of the fine shall be served by certified mail with a description of the underlying violation(s) and supporting facts. The notice shall set forth the right to lodge an appeal to the Director, or his or her designee, contesting the imposition of the fine.

Appeals must be made in writing, and shall set forth the factual basis for disputing the violation(s). If a food facility Permit holder would like to request a hearing for its appeal, that request must be stated in the appeal. Appeals must be addressed to the Director, and must be received within fifteen (15) days of the date appearing on the notice of the fine.

After reviewing the appeal, the Director shall prepare his or her decision in writing and send it to the food facility Permit holder via certified mail. The decision shall constitute a final administrative order with no

additional right to appeal.

If the fine is not paid within thirty (30) days from the date appearing on the notice of the fine or the notice of decision from the Director after the appeal, the fine may be referred to a collection agency and may affect the status of the food facility's operating permit.

(Ord. No. 04737, § 1, 4-28-2015)

Editor's note— Ord. No. 04737, § 1, adopted April 28, 2015, repealed the former § 4.56.070, and enacted a new § 4.56.070 as set out herein. The former § 4.56.070 pertained to posting of inspection reports and derived from Ord. No. 4276, adopted August 16, 2005.

When the County Health Officer, or his/her designee, during an administrative hearing, determines either of the following:

a.

Repeated violation of critical factors affecting food safety, as defined in CURFFL Section 113946; or

b.

The owner or employee with the Food Safety Certification has failed to ensure that all employees who handle unpackaged food have sufficient knowledge and understanding of how to safely prepare and serve food.

The County Health Officer, or his/her designee, may require the owner to send all staff who engage in food preparation to an approved food handler program as defined in CURFFL. The food safety education class shall include, but not be limited to, the following:

a.

Causes and contributing factors of food-borne illness, the relationship between time and temperature with respect to food-borne illness, and the relationship between personal hygiene and food safety;

b.

Methods of preventing food contamination in all stages of food handling; and

c.

Procedures for cleaning and sanitizing food handling equipment and utensils.

(Ord. 4276, 08/16/05)