South Pasadena Municipal Code § 17.2 Amendments

The following sections of the Public Health Code are repealed:

Sections 601, 603, 608 and 833. (Ord. No. 1476, § 3.)

(a) “Food facility” means any food establishment, food warehouse, milk warehouse, mobile food facility, mobile support unit, vehicle, vending machine, swap meet prepackaged food stand, mobile preparation unit, or any place used in conjunction with the operation of the above, including, but not limited to, storage facilities for food utensils, equipment, and materials.

(b) “Food official inspection report” means the written notice prepared and issued by the county health officer after conducting an inspection of a food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

(c) “Mobile food facility” means any vehicle used in conjunction with a commissary or other pertinent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer.

(d) “Mobile support unit” means a vehicle used in conjunction with a commissary or other permanent food facility that travels to and services mobile food facilities as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes. (Ord. No. 2055, § 1; Ord. No. 2217, § 1, 2011.)

(a) “Grading” means the letter grade issue by the Los Angeles County health officer 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 food official inspection report and shall reflect the food facility’s degree of compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

(b) “Letter grade card” means a card that may be posted by the Los Angeles County health officer at a food facility upon completion of a routine inspection that indicates the letter grade of the facility as determined by the Los Angeles County health officer using the scoring method set forth in this section. For the purposes of this provision, a food facility shall include a food establishment operating in conjunction with a food processing establishment.

(c) The Los Angeles County health officer, in his or her discretion, may immediately close any food facility which, upon completion of the routine inspection, does not achieve at least a “C” grade as defined in this section. Nothing in this provision shall prohibit the Los Angeles County health officer from immediately closing any food facility if, in his or her discretion, immediate closure is necessary to protect the public health.

(d) The letter grade shall be based upon the final numerical percentage score set forth in the food official inspection report, as follows:

(1) A grade of “A” shall indicate a final score of ninety percent or higher as determined by the Los Angeles County health officer;

(2) A grade of “B” shall indicate a final score less than ninety percent but not less than eighty percent as determined by the Los Angeles County health officer;

(3) A grade of “C” shall indicate a final score less than eighty percent but not less than seventy percent as determined by the Los Angeles County health officer. (Ord. No. 2055, § 1; Ord. No. 2074, § 1; Ord. No. 2084, § 2; Ord. No. 2217, § 2, 2011.)

(a) “Inspection score card” means a card that may be posted by the Los Angeles County health officer at a food facility, upon completion of a routine inspection, that indicates the total numerical percentage score for the facility as determined by the Los Angeles County health officer and as set forth in the food official inspection report. For the purposes of this provision, a food facility shall include a food facility operating in conjunction with a food processing establishment.

(b) The Los Angeles County health officer, in his or her discretion, may immediately close any food establishment which, upon completion of the routine inspection, achieves a total numerical percentage score less than seventy percent as set forth in Section 8.04.040 of the Los Angeles County Code. (Ord. No. 2055, § 1; Ord. No. 2074, § 2; Ord. No. 2084, § 3; Ord. No. 2217, § 3, 2011.)

“Notice of closure” means a public notice that may be posted by the Los Angeles County health officer at a food establishment upon suspension of revocation of the establishment’s public health permit and that results in the immediate closure of the establishment and the discontinuance of all operations of the food establishment, by order of the Los Angeles County health officer, because of violations of applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. (Ord. No. 2055, § 1.)

“Routine inspection” means a periodic, unannounced inspection of any business or occupation specified in Los Angeles County Code, Title 8, Section 8.04.720, to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A routine inspection shall not mean an inspection conducted by the Los Angeles County health officer to determine compliance with a previously issued food official inspection report or any interim inspection conducted to determine compliance with specific regulations or legal requirements. (Ord. No. 2055, § 1.)

(a) Upon issuance by the Los Angeles County health officer, the health officer shall post at every food facility the letter grade card or the inspection score card as determined by the Los Angeles County health officer, so as to be clearly visible to the general public and to patrons entering the facility. “Clearly visible to the general public and to patrons” shall mean:

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

(2) Posted adjacent to the pass out window on a mobile food facility, or on the customer services side of an unenclosed mobile food facility; or

(3) Posted in a location as directed and determined in the discretion of the Los Angeles County health officer 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 such a separately licensed or permitted business, or in the event of both, the Los Angeles County health officer shall post the letter grade card or the inspection score card in the initial patron contact area, or in a location as determined in the discretion of the Los Angeles County health officer.

(c) The letter grade card and the inspection score card shall not be defaced, marred, reproduced, copied, camouflaged, hidden or removed. It shall be unlawful to operate a food facility unless the letter grade card or the inspection score card as determined by the Los Angeles County health officer, is in place as set forth hereunder. Removal of the letter grade card or the inspection score card is a violation of this chapter and may result in the suspension or revocation of the public health permit and be punishable as specified in Los Angeles County Code, Title 8, Section 8.04.930.

(d) Every food facility shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the facility:

Any public health concern regarding this facility should be directed to the County of Los Angeles, Environmental Health office located at: (local office address and telephone number to be provided by the Los Angeles County health officer).

(e) The food official inspection report upon which the letter grade card or the inspection score card is based and all subsequent reports issued by the Los Angeles County health officer 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 food official inspection report and all subsequent reports until such time as the Los Angeles County health officer completes the next routine inspection of the facility and issues a new food official inspection report. (Ord. No. 2055, § 1; Ord. No. 2074, § 3; Ord. No. 2084, § 4; Ord. No. 2217, § 4, 2011.)

A letter grade card, an inspection score card, or both, as determined by the Los Angeles County health officer, shall remain valid until the Los Angeles County health officer completes the next routine inspection of the food establishment. (Ord. No. 2055, § 1; Ord. No. 2074, § 3.)

(a) Upon issuance of a written notice of suspension or revocation of the public health permit by the Los Angeles County health officer, the health officer shall post a notice of closure at the food establishment so as to be clearly visible to the general public and to patrons.

(b) Upon issuance of the written notice of suspension or revocation of the public health permit by the Los Angeles County health officer, the food establishment shall immediately close to the general public and to patrons and shall discontinue all operations until the public health permit has been reissued or reinstated by order of the Los Angeles County health officer or until the establishment no longer operates as a food establishment.

(c) The notice of closure shall remain posted until removed by the Los Angeles County health officer. Removal of the notice of closure by any person other than the Los Angeles County health officer or the refusal of a food establishment to close upon the issuance of the written notice of suspension of the public health permit is a violation of this chapter and may result in the suspension or revocation of the food establishment’s public health permit and shall be punishable as specified in Los Angeles County Code, Title 8, Section 8.04.930. (Ord. No. 2055, § 1.)

The following provisions shall apply:

• (a) Definitions. As used in this section:

(1) “Certified food handler” means an owner, operator, or any other person at least eighteen years of age who supervises all or part of the food service operations within a food service operation and is responsible for training the operation’s employees in the areas set forth in county of Los Angeles Code, Title 11, Section 11.11.190. At the discretion of the director, and upon a showing of good cause, the director may waive the requirement that a certified food handler be at least eighteen years of age.

(2) “Department” means the county of Los Angeles, department of health services.

(3) “Director” means the director of department of health services or duly authorized designee.

(4) “Food handler’s training certificate” means a certificate issued by the department, certifying that a food handler has satisfactorily demonstrated competency in food protection and practices by passing a written examination administered by the department or by completing a food handler’s training course approved by the director.

(5) “Food service operation” means any food service business that prepares any potentially hazardous food on the premises for sale or gift to the public and includes, but is not limited to, all restaurants, markets, bakeries, mobile food preparation units, commissaries, and food processing establishments.

(6) “Potentially hazardous food” means those foods set forth in California Health and Safety Code, Section 113845 as it currently exists or hereafter may be amended.

(b) Application and Effect.

(1) Within one year of the effective date of the ordinance codified in this section, each food service operation as defined in Los Angeles County Code Section 8.04.110.A.5 shall have at least one certified food handler on the premises at all times during operating hours.

(2) Failure to have a certified food service handler on site at all times during the operating hours of the food service operation and as specified in this section within one year from the effective date of the ordinance codified in this section shall be grounds for the suspension or revocation of the operation’s public health permit pursuant to the applicable provisions of the Los Angeles County Code, Title 8 and shall be punishable as set forth in Los Angeles County Code, Title 8, Section 8.04.930.

(c) Procedure for Obtaining a Food Handler’s Training Certificate.

(1) Every person desiring certification as a certified food handler shall file with the department an application for certification, accompanied by an application fee. Upon application, each person desiring certification shall provide:

(A) Proof of successful completion of a food handler’s training course approved by the department;

(B) A food handler’s training certificate which indicates passage of an examination developed and administered by The Center for Occupational and Professional Assessment of the Educational Testing Service; or

(C) Any other food handler’s training certificate which, in the discretion of the director, is equivalent to either subsection (A) or (B) of this subsection (c)(1).

(2) In the alternative to the procedure set forth in subsection (c)(1) of this section, any person desiring certification as a certified food handler, upon payment of an examination fee, may make an examination administered by the department. The department shall certify only those persons who receive a score of seventy-five percent or higher on its examinations. The payment of any examination fee shall be in addition to the application fee set forth in this section.

(d) Food Handler’s Training Course. Any food handler’s training course taken by a person desiring certification as a certified food handler shall be a minimum of four hours in duration. The course of instruction shall include, but not be limited to, the following subject matter: microorganisms, sources of food-borne illness microorganisms, food-borne illness, the means by which food is contaminated by microorganisms and toxic substance, the methods for protection of food to prevent food-borne illnesses, personal hygiene for food handlers, proper utensils and equipment washing and sanitizing, and proper receiving and storage of food.

(e) Multiple Food Service Operations. Persons who operate more than one food service operation shall be required to have a certified food handler at each operation at all times during operating hours.

(f) Exemptions. Food service operations which deal exclusively in non-potentially hazardous prepackaged food and beverages or food service operations required by the department to have only temporary operating permits shall be exempt from the provisions of this section.

(g) Display of Food Handler’s Training Certificate. The food handler’s training certificate shall be posted in a conspicuous place within the food service operation, or in a location designated and approved by the director.

(h) Change of Certified Food Handler. A certified food handler who changes his or her place of employment after obtaining a food handler’s training certificate may display the certificate in any other food service operation in which he or she subsequently is employed. A food service operation which loses its certified food handler must obtain another certified food handler within thirty days.

(i) List of Certified Food Handlers. The department shall maintain a current list of all certified food handlers within the County of Los Angeles.

(j) Expiration. The food handler’s training certificate shall be valid for four years from the date of issuance. Upon the expiration of the food handler’s training certificate, all persons must re-apply for a new certification according to the procedure set forth in subsection (a) of this section.

(k) Duplicate Food Handler’s Training Certificate. The director, upon a showing of good cause, may issue duplicate food handler’s training certificates upon the payment of a duplicate certificate fee.

(l) Revocation of Food Handler’s Training Certification.

(1) The director may immediately revoke any food handler’s training certificate when any of the following is found to exist within a food service operation which is operated by or under the supervision of a certified food handler:

(A) Evidence indicating repeated or continuing violations of required procedures and practices in the preparation, service, storage, distribution or sale of food or beverage offered for public consumption;

(B) Any condition detrimental to the public health, which shall include but not be limited to any condition that can cause food infection, food intoxication, disease transmission or any hazardous condition including but not limited to unsafe food temperature; or

(C) Evidence indicating falsification of information required by the department for issuance of the food handler’s training certificate.

(2) The director shall issue a notice to the certified food handler setting forth the acts or omissions with which he or she is charged and informing him or her of the right to a hearing, if requested, to show cause why the certificate should be reinstated.

(m) Right to Appeal Following Revocation.

(1) Any certified food handler whose certificate has been revoked may make a written request for hearing within fifteen calendar days after receipt of the notice specified in Los Angeles County Code, Title 11, Section 11.11.230, to show cause why the certificate should be reinstated. A failure to request a hearing within fifteen calendar days after receipt of the notice shall be deemed a waiver of the right to

a hearing. When circumstances warrant, the director may order a hearing at any reasonable time within this fifteen-day period to expedite the certification revocation process.

(2) The hearing shall be held within fifteen calendar days of the receipt of the request for hearing. Upon written request of the certified food handler, the director may postpone any hearing date, if circumstances warrant such action.

(3) An environmental health services manager for the department shall preside over any hearing requested under this section.

(n) Notice of Decision. The director shall issue a written notice of decision to the certified food handler within five working days of the hearing. The notice of decision shall specify the acts or omissions with which the certified food handler is charged and shall specify either that the certification remains revoked or that it has been reinstated. (Ord. No. 2055, § 1.)

Notwithstanding any other provision of this chapter, violation of this section is punishable by a fine of not more than five hundred dollars or by imprisonment in the Los Angeles County jail for not more than six months, or both. Each day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted makes such violation a separate offense. (Ord. No. 2055, § 1.)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. No. 2055, § 1.)