Shasta County Municipal Code Ch. 8.16 Food and Restaurant Sanitation Requirements

The provisions of this chapter are adopted pursuant to the provision of Section 28693 of the California Health and Safety Code for the purpose of adopting local standards of sanitation, health and hygiene for restaurants, itinerant restaurants, vehicles, vending machines and other food or beverage serving enterprises or establishments, and to provide for the requirement of a local health permit in order to maintain and conduct any such enterprise or establishment within the county.

(Prior code § 3481)

Unless the context otherwise requires, the definitions set forth in this section govern the construction of this chapter:

"Employee" means any person working in an operation covered by this chapter.

"Food or beverage" means and includes all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof for human consumption.

"Hazard to public health" means any circumstance or set of circumstances whereby organisms originating in the intestinal or upper respiratory tracts of man or animals may reach the alimentary or upper respiratory tracts of human beings or whereby poisons or deleterious substances may reach the alimentary tract of human beings through consumption of food or use of utensils.

"Health officer" means the the county health officer or his duly authorized representative.

"Itinerant restaurant" means any restaurant, operating from temporary facilities, serving, offering for sale, selling, or giving away food or beverage and includes, but is not limited to, a restaurant where only wrapped sandwiches or other wrapped and packaged, ready-to-eat foods are served, and any mobile unit on which food is prepared and served.

"Machine location" means the room, enclosure, space or area where one or more vending machines are installed and operated.

"Perishable food" means any food capable of supporting rapid and progressive growth of micro-organisms which can cause food borne infections or intoxications to human beings.

"Person" means a natural person, club, including veterans' club, firm corporation, partnership, organization, association or political subdivision.

"Restaurant" means any coffeeshop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment inplant or employee eating establishment, and any other eating establishment, organization, club, including veterans' club, boarding house, guesthouse, or political subdivision, which gives, sells, or offers for sale, food to the public, guests, patrons or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions. The term "restaurant" does not include itinerant restaurants, vending machines, vehicles, cooperative arrangements by employees who purchase food or beverages for their own consumption and where no employee is assigned full-time to care for or operate equipment used in such arrangement, or private homes; nor shall the term "restaurant" include churches, church societies, private clubs or other nonprofit associations of a religious, philanthropic, civic improvement, social, political, or educational nature, which purchase food, food products, or beverages, or which receive donations of food, food products, or beverages for service without charge to their members, or for service or sale at a reasonable charge to their members or to the general public at occasional fund-raising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full-time to care for or operate equipment used in such arrangement.

"Utensils" includes any kitchenware, tableware glasses, cutlery, containers, implements or other equipment with which food or beverage comes in contact during storage, display, preparation, serving, or through use by an employee or consumer.

"Vehicle" means any vehicle upon which food or beverage is displayed, sold, or offered for sale at retail or given away to the public, but not including bakery delivery vehicles which are used exclusively to carry bakery products in sealed packages.

"Vending machine" means any self-service device offered for public use, which, upon insertion of a coin, coins, or token, or by other means, dispenses unit servings of food or beverages, either in bulk or in packages, without the necessity of replenishing the device between each vending operation, but not including devices dispensing peanuts, wrapped candy, gum, or ice exclusively.

(Prior code § 3480)

It is unlawful for any person to operate or maintain any restaurant, itinerant restaurant, vehicle or vending machine in the county unless such person possesses a valid unrevoked health permit issued by the health officer for each restaurant, itinerant restaurant, vehicle or vending machine so operated or maintained. The health officer shall issue such permits pursuant to Sections 8.16.040 through 8.16.070.

(Prior code § 3482 (part))

A. The person requiring a health permit shall make application for it on a form provided by the health officer.

B. The applicant shall deposit with the application an investigation and permit fee in accordance with fees adopted by the board of supervisors by resolution. Such fees shall be receipted for by the health officer and shall be delivered over by him to the county treasurer.

(Prior code § 3482 (a),(b))

Upon receipt of the application and fee, the health officer shall investigate the restaurant, itinerant restaurant, vehicle or vending machine for which a health permit application has been made. If the investigation establishes that all applicable federal and state statutes and the county ordinances pertaining to public health have been complied with, and that the operation can be permitted without hazard to public health, the health officer shall issue the permit.

(Prior code § 3482 (c))

Permits issued under the provisions of this section shall remain in effect one year following the date of issuance unless revoked by the health officer for cause, except that a new permit shall be required at the time of any change in ownership of any restaurant, itinerant restaurant, vehicle or vending machine, and that a new permit shall be required for any change of location of any restaurant. Any permit issued prior to August 1, 1972, is declared to be void and of no further effect.

(Prior code § 3482 (d))

The health permit shall be posted or displayed in a conspicuous place in or on the restaurant, itinerant restaurant, vehicle or vending machine for which it was issued.

(Prior code § 3482 (e))

A. The health officer shall from time to time inspect every restaurant, itinerant restaurant, vehicle or vending machine located within the county.

B. At the time of the inspections called for by this section, the health officer shall make an inspection report, one copy of which shall be kept posted at all times in a conspicuous place in or on the restaurant, itinerant restaurant, vehicle or vending machine, as the case may be. It shall be unlawful for the posted copy of the inspection report to be defaced by any person. Another copy of the health permit shall be filed with the health officer. In the case of vending machines, one copy of the inspection report shall be mailed to the owner of the machine and one copy shall be filed with the records of the health officer. Any person operating or managing or in charge of any restaurant, itinerant restaurant, vehicle or vending machine doing business within the county shall permit access to all parts of the establishment or vehicle and shall permit the health officer to examine same and at the health officer's discretion shall permit access to copies of any and all records of food purchases by the business.

(Prior code § 3484)

A. All equipment for use in the cleaning and bactericidal treatment of food service utensils and in the preparation, storing, handling or serving of food or drink shall meet the National Sanitation Foundation Standards.

B. A copy of the current National Sanitation Foundation Standards shall be maintained on file by the county clerk and the health officer for reference by the public.

(Prior code §§ 3470, 3471)

That certain document, three copies of which are on file in the office of the county clerk, and being marked and designated Division XXI, Chapter 11, Article 2, Health and Safety Code of the state, as adopted by Statutes 1961, Chapter 633, Section 2, except as hereafter specifically amended, is adopted as the sanitation requirements for restaurants in the county, and is included in and made a part of this code as though set forth at length herein.

(Prior code § 3485)

That certain document, three copies of which are on file in the office of the county clerk and being marked and designated Division XXI, Chapter 11, Article 3, Health and Safety Code of the state, as adopted by Statutes 1961, Chapter 633, Section 2, except as hereinafter specifically amended, is adopted as the sanitation requirements for itinerant restaurants in the county and is included in and made a part of this code as though set forth at length herein.

(Prior code § 3486)

That certain document, three copies of which are on file in the office of the county clerk and being marked and designated Division XXI, Chapter 11, Article 4, Health and Safety Code of the state, as adopted by Statutes 1961, Chapter 633, Section 2, except as hereafter specifically amended, is adopted as the sanitation requirements for vehicles in the county and is included in and made a part of this code as though set forth at length herein.

(Prior code § 3487)

That certain document, three copies of which are on file in the office of the county clerk and being marked and designated Division XXI, Chapter 11, Article 4, Health and Safety Code of the state, as adopted by Statutes 1961, Chapter 633, Section 2, except as hereafter specifically amended, is adopted as the sanitation requirements for vending machines in the county and is included in and made a part of this code as though set forth at length herein.

(Prior code § 3488)

All employees preparing, serving or handling food in restaurants, itinerant restaurants, vehicles or for vending machines shall wear clean washable outer garments or uniforms and shall keep their hands clean at all times when handling food, beverages or utensils. All such food handlers shall wash their hands and arms with soap or detergent and warm water before commencing work after using toilet facilities, and before returning to work, and at such other times as are necessary to prevent contamination of food. Female employees shall wear hairnets, caps, headbands, or other suitable coverings which confine the hair. Wherever practical, employees serving food shall use tongs or other implements rather than their hands. The use of tobacco in any form by any employee while handling or serving food, beverage, or utensils is prohibited. No employee or other person shall use tobacco in any form in any room or space used primarily for the preparation of food, and the employer shall post and maintain "No Smoking" signs in such rooms or places.

(Prior code § 3489)

The health officer is charged with the enforcement of all of the provisions of this chapter and in connection with such enforcement is granted the following powers:

A. The health officer, or his duly authorized agent, may at all reasonable times enter or inspect any restaurant, itinerant restaurant, vehicle or vending machine or any operation suspected of being such for the purpose of enforcing the provisions of this chapter. If a written report of such inspection is made, a copy shall be mailed by the health officer to the owner or manager of the restaurant, itinerant restaurant, vehicle or vending machine.

B. If the health officer has information which causes him to reasonably believe there is a possibility of disease transmission in any establishment to which the provisions of this chapter apply, he shall investigate such establishment and take suitable action, and if he determines, after investigation, that there is reasonable cause for believing that disease transmission is taking place on such premises or that a hazard to public health exists, the health officer may require any or all of the following measures:

1. The immediate exclusion of the affected employee or owner from the restaurant, itinerant restaurant, vehicle or affected vending machine operation;

2. The immediate closing of the affected restaurant, itinerant restaurant, vehicle or affected vending machine operation until, in the opinion of the health officer, there is no further danger of the continuance of the hazard to public health or of disease transmission;

3. Immediate medical examination of any or all of the owners, or employees, of the establishment. If any such examination or examinations be refused by either an owner or an employee, the person refusing shall be immediately excluded from the affected restaurant, itinerant restaurant, vehicle or affected vending machine operation until adequate and satisfactory medical and laboratory examinations show that such person is not affected with or a carrier of any disease in a communicable form.

C. The health officer may take a sample or samples of any food located anywhere within the restaurant, itinerant restaurant, vehicle or vending machine operation being investigated or inspected, and he may place his seal upon the remainder of the food from which such samples or specimens were taken and prohibit the use thereof until laboratory examination or analysis of the samples or specimens has been completed. If the examination or analysis reveals that the food from which the samples were taken is a hazard to public health, the health officer shall forthwith seize and condemn or cause to be seized and condemned such food constituting a hazard to the public health. The health officer shall retain the results of all laboratory examinations and analysis as well as any remaining food samples as evidence of the existence of the aforesaid hazard to public health. It shall be unlawful for any person to alter, remove, deface or obliterate any tag, stamp, seal, placard or notice, or other device affixed by the health officer to any food or food container, or to remove such food to any other place or from its container or to instigate the change, removal, defacement or obliteration of the tag, stamp, seal, placard, notice or other device or the removal to any other place of such food or the containers thereof so tagged or sealed, without the express permission of the health officer, or his duly authorized agent, in writing.

D. If, at any time, a permittee or employee of any restaurant, itinerant restaurant, vehicle or vending machine operation is, in the opinion of the health officer, handling food in a manner dangerous to public health, the health officer may require such permittee or employee to attend a course of instruction pertaining to food handling, not to exceed twelve hours in duration, which shall be provided without charge by the health officer or his duly authorized agent.

E. If, after notice by the health officer to the permittee or owner of a restaurant, itinerant restaurant, vehicle or vending machine operation that the establishment of the permittee is in violation of one or more of the provisions of this chapter and the owner or permittee fails or refuses to cooperate with the health officer in the elimination of the violation, and there is reasonable cause for believing that a continuance of the operation or business will be a hazard to the public health or result in the transmission of a communicable disease, the health officer after consultation with the district attorney may revoke the health permit of the establishment, but no health permit shall be revoked until the health officer has notified the permit holder in writing of the violation of this chapter and five days or more have elapsed without the permit holder having corrected the said violation or violations.

(Prior code § 3490)