Vernon Municipal Code Ch. 8.28 Food Protection Program

This chapter shall be known as the "Food Protection Program Ordinance of the City of Vernon" (hereinafter "this chapter"), which for convenience may be referred to as the "Food Protection Ordinance."

(Prior code § 11.1.1)

The purpose of this chapter is to consolidate, coordinate and set forth requirements for wholesale and retail food facilities, and caterers within the City to assure that food will be pure, safe, and unadulterated.

(Prior code § 11.1.2)

For the purposes of this chapter, certain words and terms are defined and shall be construed as herein set forth, unless otherwise expressly stated, or unless the context clearly indicates a different intention.

"Adulterated"

means having been made impure by the addition of any poisonous or deleterious substance; or in the case of food, foodstuffs that have been produced, prepared, packed, packaged, or held under insanitary conditions whereby it may have become contaminated or rendered unwholesome, diseased, or injurious to health.

"Approved"

means acceptable to the Health Officer based upon a determination of conformity with applicable laws, or in the absence of applicable laws with current public health principles, practices, and generally recognized industry standards that protect the public health.

"Approved source"

means a producer, manufacturer, distributor, or food establishment that is acceptable to the Health Officer based on the determination of conformity with applicable laws, or in the absence of applicable laws, with current health principles and practices, and generally recognized industry standards that protect public health.

"Caterer"

means a person who operates from a permitted food establishment and who transports food on an occasional and temporary basis to a location or locations within the City to provide the food for a special function, occasion or event.

"Certified food handler"

means an owner, operator, or other person who has successfully passed a food safety examination and who supervises all or part of the food service operations within a retail food facility and/or is responsible for training the operation's employees in the areas set forth in Section 8.28.140.

"City Council"

means the City Council of the City of Vernon.

"Closure declaration placard"

means a public notice that shall be posted by the Health Officer at a retail food facility declaring the immediate closure of the facility for failure to obtain a health permit; or the suspension or revocation of a health permit for a significant violation of this chapter, applicable sections of the California Retail Food Code, or the California Sherman Food, Drug, and Cosmetic Law.

"Commissary"

means a retail food establishment in which food, containers, equipment, or supplies are stored or handled for use in mobile food facilities, mobile food preparation units, stationary mobile food preparation units, or vending machines.

"Embargo"

means the legal control exercised by the Health Officer over the use, sale, disposal, or removal of any food.

"Employee"

means any person working in a wholesale or retail food facility or caterer, including managers and/or owners.

"Environmental Health Department or Department"

means the City of Vernon Environmental Health Department.

"Food"

means any raw or processed substance, ice, beverage, including water, or ingredient intended to be used as food, drink, confection, or condiment for human or animal consumption.

"Food processing establishment"

means any room, building, or place, or portion thereof, maintained, used or operated for the purpose of commercially packaging, making, cooking, baking, mixing, processing, bottling, canning, packing, slaughtering, salvaging, or otherwise preparing or handling food, including ice for human consumption; except retail food facilities, food warehouses, and wholesale food vehicles.

"Food safety examination"

means a state recognized food safety examination described in the California Health and Safety Code, Section 113716(j)(1), or other examination approved by the Health Officer.

"Food safety training program"

means a food sanitation education program provided by the City of Vernon or another public or private provider approved by the Health Officer.

"Food vending machine"

means any self-serving device offered for public use which, upon the insertion of coins or tokens, or by other" means, dispenses unit servings of food or beverage either in bulk, cups, or packages without the necessity of replenishing the device between each vending operation. For the purpose of this chapter, however, food vending machines shall not include vending machines which dispense, exclusively, bottled or canned beverages, gum, candy, or other nonpotentially hazardous food when it is determined by the Health Officer that such vending machines do not require routine inspection for the protection of public health.

"Food vending machine business"

means any person who installs, maintains, and replenishes one or more food vending machines at one or more locations within the City.

"Food warehouse"

means any place, building, structure, room or portion thereof, where food is commercially distributed, stored, or held for transfer. "Food warehouse" does not include food processing establishments or retail food facilities.

"Good Manufacturing Practices"

means the practices for manufacturing, packing, or holding food described in Title 21 of the Code of Federal Regulations, Part 110.

"Health Officer"

means the City of Vernon Health Officer, or duly authorized representative. The duties of the Health Officer are those set forth in the California Health and Safety Code. Whenever a power is granted to or a duty imposed upon the Health Officer in this chapter, the power may be exercised or the duty performed by a duly authorized representative of the Health Officer, unless this chapter expressly provides otherwise.

"Health permit"

means written authorization to operate issued by the Health Officer.

"Hearing Officer"

means the Director of the Environmental Health Department or duly authorized representative.

"Immediate danger to the public health and safety"

means, for the purposes of this section, any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission; a hazardous condition, including, but not limited to, unsafe food temperature, sewage contamination, no potable water supply, and vermin infestation; or an employee who is a carrier of a communicable disease. Any food facility for which the permit is suspended shall close and remain closed until authorized to reopen by the Health Officer.

"Impound"

means the legal control exercised by the Health Officer over the use, sale, disposal, or removal of any equipment or utensil.

"Mobile food facility"

means any conveyance used in conjunction with the service of a commissary or other approved facility upon which prepackaged food or approved nonprepackaged food is sold or offered for sale at retail. Mobile food facility does not include a mobile food preparation unit.

"Mobile food preparation unit"

means any vehicle in which unpackaged food is cooked or prepared, processed, wrapped, handled, packaged, or portioned for service, sale, or distribution at retail or given away to the public in the City.

"Permittee"

means the owner, operator, or manager of any wholesale or retail food facility.

"Person"

means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, City, County, other political subdivision, or any other group or combination acting as a unit.

"Potentially hazardous food"

means any food which is capable of: (1) supporting rapid and progressive growth of infectious or toxigenic microorganisms that may cause food infections or food intoxications; or (2) supporting the growth or toxic production of Clostridium botulinum. Potentially hazardous food does not include foods that have a pH level of 4.6 or below; foods that have a water activity (aw) value of 0.85 or less under standard conditions; food products in hermetically sealed containers processed to meet the commercial sterility standard as defined in Section 113.3(e) of Title 21 of the Code of Federal Regulations; or food that has been shown by appropriate microbial challenge studies, the results of which are approved by the Health Officer, not to support the rapid and progressive growth of infectious, toxigenic microorganisms that may cause food infections or food intoxications, or the growth and toxin production of Clostridium botulinum.

"Remodel"

means construction, building, or repair to the wholesale or retail food establishment that requires a building permit. Remodel also means any replacement or significant modification of an integral piece of equipment.

"Restaurant"

means any coffee shop, cafeteria, short-order café, luncheonette, tavern, cocktail lounge, sandwich stand, in-plant or employee eating establishments, or any other eating establishment, organization, or club, 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" shall not include vending machines, retail or wholesale food vehicles, food processing establishments, food warehouses, retail food markets, private homes, private clubs, churches, or 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 the equipment used in such an arrangement.

"Retail food establishment"

means any restaurant, retail food market, commissary, or retail food production establishment defined in this chapter.

"Retail food facility"

means any restaurant, retail food production establishment, retail food market, food vending machine, mobile food preparation unit, temporary food facility, commissary, or mobile food facility defined in this chapter.

"Retail food market"

means any room, building, place, or portion thereof, maintained, used, or operated where food products, whether in bulk, canned, wrapped, bottled, or in any other form, are sold or kept for sale at retail for consumption on a premises other than where sold.

"Retail food production establishment"

means any room, building, place, or portion thereof, maintained, used or operated for the processing or retail sale of food, except restaurants, retail food markets, wholesale food processing establishments, and food warehouses.

"Sanitize"

means adequate treatment of surfaces by a process that is effective in destroying vegetative cells of pathogenic bacteria or in substantially reducing other microorganisms. Such treatment shall not adversely affect the product and shall be safe for the consumer.

"Temporary event organizer"

means the person or organization that is in control of any community event at which one or more temporary food facility operates.

"Temporary food facility"

means a food facility operating out of temporary facilities approved by the Health Officer at a fixed location for a period of time not to exceed 25 consecutive or nonconsecutive days in any 90-day period in conjunction with a single, weekly, or monthly community event, as defined in the California Health and Safety Code.

"Wholesale food establishment"

means any food processing establishment or food warehouse as defined in this section.

"Wholesale food facility"

means any food processing establishment, food warehouse, or wholesale food vehicle as defined in this section.

"Wholesale food vehicle"

means any vehicle from which food, whether in bulk, canned, wrapped, bottled, packaged, or any other form, is sold or kept for sale at wholesale, is distributed to a retailer, or is transported to or from locations within the City, but shall not include a vehicle from which food is sold, kept for sale, or directly distributed to the consumer.

(Prior code §§ 11.2.1—11.2.13)

Primary responsibility for the enforcement of this chapter shall be with the Health Officer.

(Prior code § 11.3.1)

The Health Officer is hereby authorized to adopt reasonable rules and regulations governing those businesses and vehicles specified in this chapter. Such rules and regulations may be contained in a resolution or an ordinance and shall be effective only after approval of the City Council. Upon approval, such rules and regulations shall have the same force and effect as other provisions of this chapter.

(Prior code § 11.3.2)

If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held to be void or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter; it being the intention of the City Council to pass and adopt this chapter and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that one or more of the sections, subsections, clauses, sentences, or phrases thereof may be declared to be invalid or unconstitutional.

(Prior code § 11.3.3)

A. Misdemeanor. Any person who violates this chapter is guilty of a misdemeanor. Each offense shall be punished by a fine not less than $25.00 or more than $1,000.00 or by imprisonment in the County Jail for a term not exceeding six months or by both such fine and imprisonment. Every day any violation of this chapter shall constitute a separate and distinct offense.

B. Public Nuisance—Abatement or Injunction. Every wholesale or retail food facility, or catered event, maintained, or operated in violation of this chapter, and all food produced, prepared, manufactured, packed, packaged, stored, kept, sold, distributed, or transported in violation of this chapter is hereby declared a public nuisance. Any such nuisance may be abated or enjoined in an action brought for that purpose or may be summarily abated in any manner provided by law for the summary abatement of public nuisances dangerous to health.

(Prior code §§ 11.3.4, 11.3.5)

A. Permit Requirement. A wholesale food facility shall not store, distribute, process, package, transport, ship, or otherwise prepare or handle food without all necessary permits, including a valid health permit. A health permit shall be issued by the Health Officer once it has been determined that the wholesale food facility conforms with the requirements of this chapter. A health permit is not transferable. A wholesale food facility operating without the requisite permit may be subject to closure.

B. Posting of Permit. A wholesale food establishment shall post its health permit in a conspicuous place in the establishment.

C. Display of Permit. The vehicle or operator of any wholesale food vehicle shall carry its health permit at all times. Such permit shall be readily available for presentation to the Health Officer upon request.

(Prior code §§ 11.4.1—11.4.3)

A. Right to Inspect. The Health Officer may enter and inspect, any wholesale or retail food facility or any place suspected of being a wholesale food facility, and may issue citations and secure any sample, photograph, or other evidence for the purpose of enforcing this chapter.

B. Resisting or Disobeying a Health Officer Prohibited. No person shall refuse, resist, or attempt to resist the entry of the Health Officer into any establishment, facility, railway car, stage, vehicle, building, room, lot, place, or portion thereof in the City in the performance of his or her duty. No person shall refuse to obey any lawful order of the Health Officer, made in the performance of his or her duties, within the power conferred upon him or her by State law or by this chapter.

C. Inspection Report and Hearing. A written report of inspection shall be prepared by the Health Officer and a copy shall be supplied or mailed to the permittee of the facility inspected. If the permittee fails to comply with the requests of the Health Officer, the Health Officer shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, and informing him or her of a right to a hearing, if requested, to show cause why the permit should not be suspended or revoked.

D. Permit Suspension. A health permit may be suspended for repeated violations of this chapter, interference with the Health Officer in the performance of his or her duty, or the presence of an immediate danger to the public health or safety unless the danger is immediately corrected.

E. Permit Suspension Notice. Whenever a permit is suspended for violating this chapter, the Health Officer shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged and informing the permittee of the right to a hearing.

F. Suspended Permit Reinstatement. A permit, that has been suspended for violating this chapter, may be reinstated if the Health Officer determines that conditions which prompted the suspension no longer exist.

G. Permit Revocation. The Health Officer may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of this chapter, interference in the performance of the duty of the Health Officer, or an immediate danger to the public health or safety. Any wholesale food facility for which the permit has been revoked shall close and remain closed until a new permit has been issued.

H. Appeal of Revocation. A permittee whose permit has been revoked for violating this chapter, may appeal such revocation to the City Council.

I. Right to Impound. The Health Officer may impound any equipment or utensil, in a wholesale food facility, which is unapproved, found to be insanitary, or in such disrepair that it may cause food to become contaminated or adulterated. The Health Officer may place a tag on impounded equipment or utensils which shall be removed only by the Health Officer.

J. Right to Embargo. The Health Officer may embargo any food suspected of being adulterated, unfit for human consumption, misbranded, or falsely advertised. The embargoed food shall be identified with a tag, detained, released, or discarded.

K. Release from Impound or Embargo. The Health Officer shall commence proceedings for the release of any food, equipment, or utensil that has been embargoed or impounded, or to seek administrative or legal remedy for its disposition, within 30 days of such action. It is unlawful for any person to make any disposition of embargoed food or impounded equipment or utensils other than that ordered by the Health Officer.

L. Responsibility for Violations. The owner, manager, or operator of any wholesale or retail food facility is responsible for any violation of this chapter by his or her employee.

M. Hearing Procedures. Hearings shall be held regarding noncompliance with this chapter in the following manner:

1. Health Officer Requirement. The Health Officer may require the owner, operator, or manager of a wholesale food facility to attend an administrative hearing to discuss violations of this chapter, disposition of embargoed or impounded items, the suspension or revocation of a health permit, or other significant issue related to food facilities.

2. Request of Facility Owner, Operator, or Manager. The owner, operator, or manager of a wholesale food facility may request an administrative hearing to discuss events related to the enforcement of the provisions of this chapter at his or her food facility. Such events include notices to comply, permit suspensions, and disposition of embargoed or impounded items. The owner, operator, or manager must submit a request for a hearing within 15 calendar days after the event. A failure to request a hearing within 15 calendar days of the event shall be deemed a waiver of the right to a hearing. The hearing shall be held within 15 days of the receipt of the request for a hearing. When circumstances warrant, the hearing officer may order a hearing at a reasonable time within this 15-day period to expedite the permit suspension or revocation process.

3. Administrative Enforcement. To the extent that the City utilizes its administrative enforcement procedures as set forth in Chapter 1.08 of this Code, then the procedures set forth in Chapter 1.08 shall be utilized in place of the procedures set forth in this section.

(Prior code §§ 11.5.1—11.5.13)

A. Food Handling. All food shall be manufactured, produced, prepared, compounded, packed, packaged, stored, distributed, transported, kept for sale, and served so as to be pure, free from contamination, adulteration, and spoilage; shall have been obtained from approved sources; and shall otherwise be fully fit for human consumption.

B. Vermin Prevention. A wholesale food facility shall at all times be so constructed, equipped, maintained, and operated so as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects.

C. Temperature Requirements. Potentially hazardous foods shall be maintained at a temperature at or below 41° Fahrenheit or at or above 135° Fahrenheit. Frozen foods shall be maintained at a temperature of at or below five degrees Fahrenheit.

D. Cold Storage Compartments. Each cold storage compartment used to store and hold potentially hazardous food shall be capable of maintaining foods at or below 41° Fahrenheit. Each freezer shall be capable of maintaining frozen foods at or below five degrees Fahrenheit. Each cold storage compartment shall be fitted with an accurate temperature measuring device.

E. Hot Storage Compartments. Each hot holding unit used to store and hold potentially hazardous food shall be capable of maintaining foods at or above 135° Fahrenheit. Each hot holding unit shall be fitted with an accurate temperature measuring device.

F. Thawing Potentially Hazardous Foods. Frozen food that has been thawed shall be cooked or otherwise processed before it may be refrozen. Potentially hazardous foods shall be thawed only:

1. At 41° Fahrenheit or below;

2. As part of the cooking process;

3. Rapidly in a microwave oven; or

4. Under cool running water under pressure for a period of time not to exceed two hours. The water temperature shall not exceed 75° Fahrenheit and shall be of sufficient velocity to flush loose food particles into the sink drain.

G. Cooling Potentially Hazardous Foods. Potentially hazardous food that has been heated shall be rapidly cooled to 41° Fahrenheit or below, in an approved manner, if not held at or above 135° Fahrenheit.

H. Reheating Potentially Hazardous Foods. Whenever potentially hazardous food is reheated, it shall be rapidly heated to a minimum internal temperature of 165° Fahrenheit.

I. Ice. When ice is used in contact with food, it shall be made from water that is safe and of adequate sanitary quality and shall be used only if it has been manufactured in accordance with Good Manufacturing Practices.

(Prior code §§ 11.6.1—11.6.9)

A. Employee Sanitation Practices. No employee shall commit any act which may result in contamination or adulteration of any food, food contact surface, food packing material, utensil, or equipment.

B. Prevention of Disease Transmission. Any person who by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesions, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of food, food contact surfaces, or food packaging materials becoming contaminated, shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected. Personnel shall be instructed to report such health conditions to their supervisors.

C. Hand Washing. All food handlers shall wash hands thoroughly in an approved hand washing facility before starting work, after each absence from the work station, and at any other time when the hands may have become soiled or contaminated.

D. Hair Restraints. All food handlers shall wear hair nets, caps, headbands, beard covers, or other effective hair restraints in all food preparation, food processing, or food packaging areas, and utensil washing or storage areas.

E. Consumption of Food. No employee shall eat food, chew gum, or drink beverages in areas where food is prepared, processed, packed, packaged, stored, or distributed, or where equipment or utensils are washed or stored.

F. Tobacco. No employee shall expectorate or use tobacco in any form in any area where food is prepared, processed, served, packed, packaged, stored, or distributed; or where utensils or equipment is washed or stored.

G. Clean Outer Garments. All food handlers shall wear clean outer garments suitable to the operation in a manner that protects against the contamination of food, food contact surfaces, or food packaging materials.

H. Gloves. All food handlers shall maintain gloves, if they are used in food handling, in an intact, clean and sanitary condition. The gloves shall be of an impermeable material, used for a single food handling operation only, and not reused. A clean pair of gloves shall be used at the start of work, when resuming work after an absence from the work station, and at any other time when the gloves may have become soiled or contaminated.

I. Jewelry. In all areas where food is prepared, processed, or packaged, all food handlers shall remove all unsecured jewelry and other objects that might fall into food, equipment, or containers, and remove hand jewelry that cannot be adequately sanitized during periods in which food is manipulated by hand. If such hand jewelry cannot be removed, it may be covered by material which can be maintained in an intact, clean, and sanitary condition and which effectively protects against the contamination by these objects of the food, food contact surfaces, or food packaging materials.

J. Storage of Personal Belongings. All employees shall store clothing or other personal belongings in areas other than where food is exposed or where equipment or other utensils are washed.

(Prior code §§ 11.7.1—11.7.10)

A. Purpose and Intent. This section governs food processing establishments and food warehouses as defined in Section 8.28.030 of this chapter. The manufacture, processing, or labeling of food in a wholesale food establishment shall be in accordance with applicable Federal and State laws and regulations, including: Good Manufacturing Practices; the Food Sanitation Act; Sherman Food, Drug and Cosmetic Law; the California Business and Professions Code; and applicable sections of Title 17 of the California Code of Regulations.

B. General Sanitation Requirements. All wholesale food establishments including all equipment, utensils, facilities, and exterior grounds shall be kept clean, free from vermin, fully operative, and in good repair.

C. Exterior Premises. The exterior premises of every wholesale food establishment including docks, storage areas, areas where vehicles are loaded and unloaded, and driveways, etc. shall be properly drained, kept clean, and in an orderly condition. The accumulation of any material which may provide breeding or harborage areas for vermin is prohibited. No condition which might contribute to insanitary conditions shall be allowed on the premises of any wholesale food establishment.

D. Sanitation of Food Contact Surfaces.

1. All food contact surfaces, including utensils, shall be cleaned and sanitized as frequently as necessary to protect against contamination of food. Cleaning compounds and sanitizing agents used in cleaning and sanitizing procedures shall be safe and adequate under the conditions of use. All relevant Federal and State regulations for the application, use, or holding of these products shall be followed.

2. Cleaning compounds, sanitizing agents, pesticides, or other hazardous materials shall be identified, held, used, and stored in a manner that protects against the contamination of food, food contact surfaces, or food packaging materials.

3. Cans, jars, barrels, drums, other containers, lids, and covers shall be clean when used to package food products.

E. Sanitation of Nonfood Contact Surfaces. Nonfood contact surfaces of equipment, used in the operation of wholesale food processing establishments, shall be cleaned as frequently as necessary to protect against contamination of food.

F. Animals or Fowl Prohibited. No live animal or fowl shall be kept or allowed in any wholesale food establishment where food is prepared, manufactured, kept, stored, distributed, offered for sale, or sold unless such establishment is exclusively devoted to the slaughter, processing, and/or sale of such animal or fowl. This section does not apply to dogs used by the blind, signal dogs, service dogs, such dogs in training under proper supervision, dogs under the control of uniformed law enforcement officers, or dogs under the control of uniformed employees of a private patrol service who are licensed pursuant to Chapter 11 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while acting within the course and scope of their employment as private patrol officers.

G. Sleeping Accommodations Prohibited. No sleeping accommodations shall be maintained or kept in any room where food is prepared, processed, stored, distributed, or sold.

H. Soiled Linens. Soiled linens, coats, and aprons shall be kept in cleanable labeled containers, provided only for this purpose, and shall not be reused until they have been laundered or cleaned.

I. Plumbing. Plumbing shall be installed according to the Uniform Plumbing Code and shall be protected from backflow, kept clean, fully operative, and in good repair.

J. Water Supply. The water supply shall be sufficient for the operations intended and shall be derived from an approved, safe source. An adequate supply of both hot (minimum of 120° Fahrenheit) and cold running water under pressure shall be provided at all times.

K. Floor Drainage. Adequate floor drainage shall be provided in all areas where floors are subject to flooding type cleaning or where normal operations release or discharge water or other liquid waste on to the floor. Floor surfaces shall slope at least one-quarter inch per foot to floor drains.

L. Sewage Disposal. Sewage disposal shall be made into an approved sewerage system. Waste water disposal shall comply with National Pollutant Discharge Elimination System (NPDES) and local waste water treatment district standards.

M. Sanitary Supplies and Signs.

1. Toilet tissue shall be made available in permanently mounted dispensers at each toilet.

2. Each hand washing sink shall be provided with a permanently mounted dispenser supplied with single service soap and/or approved sanitizer, and a permanently mounted single service towel dispenser or other approved hand drying device.

3. Signs shall be posted directing employees to properly wash their hands after using the toilet.

N. Rubbish, Offal, Garbage, and Putrescible Matter.

1. Rubbish and any offal shall be so conveyed, stored, and disposed of as to minimize development of odor, minimize the potential for the waste becoming an attractant, harborage, or breeding place for vermin; protect against contamination of food, food contact surfaces, water supplies, and ground surfaces; and prevent the creation of any other nuisance.

2. Any garbage and putrescible matter shall be maintained in leakproof receptacles with close fitting lids. Such receptacles shall be thoroughly cleaned each time their contents are removed.

3. Adequate means shall be provided to prevent overflows of the refuse bin containers. Refuse pick up service shall be regular (not to exceed seven days). The size and/or number of refuse bin containers shall be adequate to prevent the creation of a nuisance.

O. Equipment and Utensils.

1. All equipment and utensils shall be so designed and of such material and workmanship as to be readily and thoroughly cleanable and properly maintained. The design, construction, and use of equipment and utensils shall preclude the adulteration of food with lubricants, fuel, metal fragments, contaminated water, or any other contaminants. All equipment shall be so installed and maintained as to facilitate the cleaning of the equipment and of all adjacent spaces. Food contact surfaces shall be corrosion resistant when in contact with food; made of nontoxic materials; and designed to withstand the environment of their intended use, the action of food, and if applicable, cleaning compounds and sanitizing agents. Food contact surfaces shall be maintained to protect food from being contaminated by any source, including unlawful food additives.

2. All storage racks and equipment for the storage of food or food products shall be constructed, and all sacks, boxes and other food containers shall be so arranged as to permit and facilitate the flushing with water, other cleaning and inspection of storage room floors and walls.

P. Storage of Food in Processing Room. All food or food products shall be stored so as to prevent the breeding and harborage of rodents. Raw materials stored in food processing areas shall not exceed the amount processed in one day.

Q. Returned or Damaged Foods. All returned or damaged food and food products shall be stored in a separate area.

R. Sanitation.

1. Standard Operating Procedure. Each wholesale food establishment shall have and implement a written sanitation standard operating procedure (SSOP). The SSOP shall specify how applicable general sanitation requirements outlined in subsections B through Q will be met, and how deviation from the requirements will be corrected in a timely manner.

2. Monitoring. Site personnel of each wholesale food establishment shall monitor the conditions and practices with sufficient frequency to ensure conformance with applicable general sanitation requirements outlined in this section.

3. Control Records. Each wholesale food establishment shall maintain sanitation control records that, at a minimum, document the sanitation monitoring and corrections made. Sanitation control records shall be maintained on site at all times for review by the Health Officer. Records shall be retained a minimum of two years.

S. Construction and Equipment. It is unlawful to operate a wholesale food establishment unless such operation is within fully enclosed buildings with floors, walls and overhead structure in compliance with this chapter. All buildings shall be of sound construction; designed and maintained so as to provide proper drainage, plumbing, lighting, and ventilation; and built and operated to exclude dirt, dust, moisture, flies, rodents, and all vermin at all times.

T. Plan Review and Permits. Any person proposing to build or remodel a wholesale food establishment shall submit complete construction plans, drawn to scale, and specifications to the Environmental Health Department for review and approval before starting construction or remodeling. Any construction shall be in accordance with applicable health and building codes. The building department shall not issue a building permit for a wholesale or retail food establishment until after it has received approval by the Environmental Health Department.

U. Food Processing Rooms. A separate room, approved by the Health Officer, shall be provided for the packaging, making, cooking, baking, mixing, processing, bottling, canning, slaughtering, salvaging, or otherwise preparing or handling of food. Such room shall hereby be known as a food processing room.

V. Facilities.

1. Loading Docks. Durable overhead protection and durable, impervious floors shall be provided for loading docks where food or food packaging materials are loaded, unloaded, or staged for shipping and receiving.

2. Floors. The floor surfaces in walk-in refrigerators and freezers, food processing rooms, utensil washing areas, refuse or garbage storage areas, toilet rooms, and dressing rooms, shall be of such construction and material so as to be smooth; impervious to water, grease and corrosives; and easily cleanable. A minimum four-inch-high approved coved base with a minimum three-eighths-inch radius shall be provided at the juncture of the wall and floor (except food storage rooms for unopened containers).

3. Walls. Walk-in refrigerators and freezers, food processing rooms, utensil washing areas, refuse or garbage storage areas, toilet rooms, and dressing rooms shall have walls which are smooth, nonabsorbent, washable, and light in color.

4. Ceilings. The ceilings in walk-in refrigerators and freezers, food processing rooms, utensils washing areas, toilet rooms, and dressing rooms shall be smooth, nonabsorbent, and have a light-colored, washable finish.

5. Lighting.

a. Every room and area of a wholesale food establishment shall have sufficient lighting provided to produce an intensity of not less than 20 foot-candles as measured 30 inches above the floor.

b. Lighting fixtures in all areas where food is prepared, processed, or packaged, or in which utensils are cleaned, shall be protected against breakage through the use of plastic shields, plastic sleeves with end caps, shatterproof bulbs, and/or other approved device.

6. Ventilation.

a. Approved ventilation shall be provided throughout the establishment to keep all areas reasonably free from excessive heat, steam, condensation, smoke, and vapor, and to provide reasonable comfort for all employees. Adequate mechanical exhaust ventilation hoods shall be installed above all heating or cooking equipment where heat, smoke, steam, or vapors are released. Hoods shall extend at least six inches horizontally beyond the equipment. Adequate make-up air throughout the establishment shall be provided. All equipment, construction, and installation shall be in accordance with the Uniform Building Code and the Uniform Mechanical Code. The provisions of this section shall not apply to cooking equipment when such equipment has been submitted to the Health Officer for evaluation, and it has been found that the equipment does not produce smoke, vapors, heat, or toxic gases when operated under conditions recommended by the manufacturer.

b. Toilet rooms, dressing rooms and janitorial rooms shall be provided with an openable screened window, mechanical ventilation, or other approved ventilation system.

7. Screens. Any openable windows shall be provided with screening of no greater than 16 mesh wire gauze. Openable windows in processing rooms are not approved.

8. Doors for Processing Rooms. Approved doors are required at all entrances into the food processing room, including entrances from the warehouse (storeroom). Any door to the processing room shall not open directly to the outside unless otherwise approved by the Health Officer. All doors shall be self-closing and/or may be equipped with an effective fly exclusion device, e.g., air curtain.

9. Vermin Proofing. Openings at exterior doors (base and sides) shall be no greater than one-quarter inch. All openings in exterior walls, including openings around pipes and other conduits shall be tightly sealed. All exterior wall vents shall be properly screened with at least one-quarter inch wire mesh screen.

10. Sanitary Facilities.

a. Employee handwash lavatories shall be provided within or adjacent to toilet rooms and in all food processing areas. Hot and cold running water under pressure shall be provided through a mixing valve or combination faucet. Spring operated faucets are not permitted.

b. Separate toilet facilities for each sex are required if there are five or more employees per shift. Urinals may be substituted for toilets in toilet rooms for males but shall not exceed one-third of the required number of toilets. Required number of toilets and hand washing sinks are dependent upon the number of employees in accordance with the Uniform Plumbing Code. Toilet rooms shall be separated from other portions of the food establishment by well-fitting, properly labeled, self-closing doors and shall not open directly into a food processing area.

11. Dressing Rooms. Separate dressing room facilities for men and women with a minimum of 18 square feet of floor space, separate and apart from food processing areas, food storage areas, and toilet rooms, are required where five or more employees are on duty at any one time. If there are never more than five employees on any shift, lockers or wardrobe closets are to be provided and located in an area away from the food processing and storage rooms. "Employees" shall include managers and/or owners.

12. Food Storage. Adequate warehousing/storage facilities shall be provided for the storage or distribution of food. All food shall be properly stored a minimum of six inches above the floor on approved shelving. Pallets may be used in lieu of shelving if equipment is available on demand to move the pallets.

13. Garbage and Trash Storage. A separate area shall be provided for the storage of garbage and trash containers within a food processing establishment.

14. Janitorial Facilities. The following janitorial facilities are required at a wholesale food establishment:

a. A room, area, or cabinet, separated from any food processing, food storage, or utensil washing area, shall be provided for the storage of cleaning equipment and supplies such as mops, buckets, brooms, and cleaners.

b. At least one of the following, provided with hot and cold water under pressure through a mixing valve, to be used for general cleaning purposes and for the disposal of mop bucket waste and other liquid wastes:

i. A one-compartment, non-porous janitorial sink/mop sink (stainless steel, porcelain or fiberglass).

ii. A slab, basin, or floor constructed of concrete or equivalent material, curbed and sloped to a drain, connected to approved sewerage.

15. Equipment and Fixtures.

a. All equipment and fixtures shall meet sanitation standards, for material, construction, fabrication, and design. All equipment and equipment installation shall be subject to field evaluation. Specifications for equipment shall be available upon demand.

b. In all areas where food is prepared, processed, or otherwise handled and where utensils are washed or stored, equipment shall be either easily moveable (e.g., on casters), light enough so as to be easily moved by one person (e.g., a light table), installed on raised six-inch rounded metal legs, or sealed to a minimum two-inch solid masonry island with minimum three-eighths inch radius coved base. Sealing to the floor is acceptable only on bulky equipment such as refrigerators and large bakery ovens. Gaps and spaces between pieces of equipment or equipment and walls, shall be properly sealed.

16. Utensil Washing Sinks. Where utensils are routinely washed by hand, there shall be provided at least a three compartment metal sink with dual integral metal drain boards sloped towards the sink compartments. The sink compartments and drain boards shall be large enough to accommodate the largest utensil to be washed.

17. Indirect Discharge of Liquid Wastes. All steam tables, ice machines and bins, food preparation sinks, utensil washing sinks, display cases, and other similar equipment that discharge liquid waste shall be drained by means of rigid indirect waste pipes, and all wastes drained by them shall discharge through an air gap into an open floor sink or other approved type of receptor that is properly connected to the drainage system. Drainage from refrigeration units shall be conducted in a sanitary manner to a floor sink or other approved device by an indirect connection or to a properly installed and functioning evaporator. Dishwashing machines may be connected directly to the sewer immediately downstream from a floor drain or they may be drained through an approved indirect connection.

18. Food Preparation Sinks. Where food is washed or rinsed, there shall be provided at least one food preparation sink. Food preparation/wash sinks shall be dedicated sinks and may not be used for hand washing or utensil/pot washing.

19. Refrigerators and Freezers.

a. Each wholesale food establishment where potentially hazardous food is prepared, processed, packaged, stored, or distributed must have adequate approved refrigeration.

b. Floor drains or floor sinks are not permitted inside walk-in refrigerators or freezers unless they are indirectly connected to the sewer system through a legal air gap.

c. Doors leading into walk-in refrigerators or freezers shall not open directly to the outside.

20. Ice Machines. All ice makers shall be located within the approved wholesale food establishment. Condensate and ice melt shall be drained to an approved floor sink by means of an indirect connection.

21. Floor Sinks. Floor sinks shall be properly plumbed and installed with the sink top flush with the floor surface. All condensate and similar liquid waste shall be drained by means of a rigid indirectly connected waste lines into open floor sinks. Horizontal runs of drain lines shall be at least six inches off the floor, sloped toward floor sinks at a rate of one-quarter inch per foot, and shall terminate at least one inch above the overflow rim of the floor sink. Floor sinks shall be located so that they are readily accessible for inspection, cleaning, and repairs, and not located in a walkway. Waste lines shall not cross any aisle, traffic area, or door opening. Floor sinks are not permitted inside walk-in units unless they are indirectly connected to the sewer system through a legal air gap.

22. Aisles and Work Space. Aisles or working spaces between equipment or between equipment and walls shall be unobstructed and of sufficient width to permit employees to perform their duties without contaminating any food or food contact surfaces with their clothing or by personal contact.

23. Floor Drains. Adequate floor drains shall be provided in all areas where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on to the floor (i.e., food processing rooms, utensil or produce washing rooms, toilet rooms, and garbage rooms). A floor drain directly outside a walk-in refrigerator is acceptable if the floor in the walk-in is sloped towards the drain.

24. Conduit. All plumbing, electrical, and gas conduit lines shall be concealed within the wall whenever possible. When it is not possible, all conduit runs should be at least one-half inch away from the walls or ceiling and at least six inches off the floor. Conduit or pipe lines shall not be installed across any aisle, traffic area, or door opening. Multiple runs or clusters of conduit or pipe lines shall be furred in, or encased in an approved runway, or other approved sealed enclosure.

(Prior code §§ 11.8.1—11.8.3-26)

A. Construction and Equipment Requirements.

1. Approval Required. Any construction, alteration, remodeling, or installation of equipment in a wholesale food vehicle shall be approved by the Health Officer prior to operation and shall be subject to yearly certification.

2. Requirements for Food Compartments.

a. The compartments in which food is carried on wholesale food vehicles shall be enclosed and the exterior doors and windows shall be tightly fitted to prevent the entrance of dust, dirt, or insects.

b. The interior floor, sides, and top of the food compartment shall be free from cracks, seams, or linings where vermin may harbor, and shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning with acceptable sanitizing agents, including steam. Slide rails, hooks, shelves, racks, and similar equipment shall be constructed of a nontoxic, noncorrosive, easily cleanable material, and shall be so installed as to be readily accessible or easily removable for cleaning. Vehicles shall be so constructed that no liquid wastes from the food compartment can drain onto any street, sidewalk, or premises.

c. All food compartments used to hold potentially hazardous foods shall be provided with an approved mechanism capable of maintaining potentially hazardous foods at or below 41° Fahrenheit or at or above 135° Fahrenheit.

3. Floors. The floor shall be of noncorrosive, nontoxic metal, or other approved material, extending at least four inches up the side of the compartment. Tight-fitting, nonabsorbent hardwood flooring may be used when only dry food products are transported.

4. Name, Address, and Telephone Number on the Exterior of the Vehicle. The name, address, and telephone number of the owner operator, permittee, or business name shall be legible, clearly visible, and permanently indicated on at least two sides of the exterior of the vehicle.

B. Operational Requirements.

1. Temperature Requirements. It is unlawful to allow potentially hazardous foods to be transported in food compartments not capable of maintaining a temperature at or below 41° Fahrenheit or at or above 135° Fahrenheit. If frozen foods are carried, the food temperature shall be maintained at five degrees Fahrenheit or below. An accurate temperature measuring device shall be maintained inside food compartments where potentially hazardous foods are held.

2. Protection from Contamination Required. No person shall carry, transport, or convey any food for commercial purposes unless such food is protected from all contamination. No food shall be carried in the driver's or passenger's compartment of any wholesale food vehicle.

3. Unpackaged Foods. All unpackaged food shall be contained, suspended, or handled so that it does not come into actual contact with the floor, walls, or ceiling of the vehicle or with the clothing of persons who load or unload food products. All unpackaged food shall be loaded and unloaded using containers, tongs, clean butcher's paper, or other approved method.

4. Food Compartment Sanitation. All vehicle food compartments shall be maintained clean, sanitary, and in good repair.

5. Doors. The doors to the food compartment shall be kept tightly closed at all times, except when loading or unloading food.

6. Chemicals Prohibited. No person shall carry, transport, or convey pesticides, poisons, or other chemicals in the same compartment of a vehicle with food products, feed, or other material intended for consumption by humans or animals.

C. Exemptions. Private individuals transporting food for personal use are exempted from the provisions of this section. In addition, wholesale food vehicles carrying only the following items shall not be required to comply with the requirements of subsections (A)(2), (A)(3) and (B)(3):

1. Nonpotentially hazardous foods or beverages which are at all times, while on such vehicle, thoroughly enclosed and protected in sealed containers.

2. Fresh, raw, unprocessed fruits or vegetables.

D. Permit Required. It is unlawful for any person to deliver or transport food in a wholesale food vehicle within the City without first applying for and receiving a health permit for each such vehicle from the Environmental Health Department. Such health permit shall be in addition to any other license or permit required by the City. The City Council shall establish by resolution health permit fees for wholesale food vehicles. Such health permit fee shall be issued for a period not exceeding 12 months, shall expire on June 30 of each succeeding year and shall be renewed annually. Application for initial permits and for renewal shall be made to the Environmental Health Department. At the time application is made, there shall be paid to the City Clerk the health permit fee established by the City Council.

E. Identifying Decal for Approved Vehicles. Wholesale food vehicles which conform to the requirements of this section, which have been inspected and approved by the Health Officer, and for which the required health permit fee has been paid, shall be provided with an identifying decal which shall be affixed to a clearly visible area on the left side of the rear portion of the vehicle.

F. Vehicles from Other Jurisdictions. Wholesale food vehicles which originate outside the jurisdiction of the City of Vernon Environmental Health Department, which are inspected by another local Environmental Health Department and bear an identification that the vehicle has been currently inspected by another local Environmental Health Department are exempt from obtaining a City of Vernon health permit under this chapter.

(Prior code §§ 11.9.1—11.9.6)

A. Compliance with State Law. Restaurants, retail food production establishments, retail food markets, food vending machines, commissaries, temporary food facilities, temporary event organizers, mobile food preparation units, and mobile food facilities as defined in this chapter, shall be in compliance with all applicable State laws, including the California Sherman Food, Drug and Cosmetic Law and the California Retail Food Code.

B. Permit Requirement. Any person doing business in the City of Vernon as a retail food facility, or temporary event organizer, as defined in this chapter, shall have a valid health permit.

C. Required Fire Department Inspection. The Environmental Health Department shall not certify or issue a health permit for a mobile food preparation unit or mobile food facility using gas fired equipment until it has received approval by the Fire Department.

D. Identifying Decal for Approved Vehicles and Vending Machines. All mobile food preparation units, mobile food facilities, and food vending machines which conform to the requirements of this chapter; the California Sherman, Food, Drug and Cosmetic Law; and the California Retail Food Code which have been inspected and approved by the Health Officer and for which the required permit fee has been paid, shall be provided with an identifying decal. Decals on mobile food preparation units and mobile food facilities shall be affixed to a clearly visible area on the left side of the rear end of the vehicle. Decals on all food vending machines shall be affixed to a clearly visible area on the left side of the front of the food vending machine.

E. Closure Declaration Placard. Upon suspension or revocation of a retail food facility health permit by the Health Officer, the Health Officer may post a Closure Declaration Placard and the Food Official Inspection Report where they are clearly visible to the general public and to patrons. The Closure Declaration Placard and the Food Official Inspection Report shall remain posted until removed by the Health Officer. Removal or alteration of the Closure Declaration Placard or the Food Official Inspection Report by anyone other than the Health Officer is a violation of this chapter and shall be punishable as specified in Section 8.28.070(A) and/or may result in the permanent revocation of a suspended health permit.

(Prior code §§ 11.10.1—11.10.5)

A. Permit Required. Any person doing business in the City of Vernon as a caterer, as defined in this chapter, shall have a valid health permit.

B. Display of Permit. Any caterer operating in the City of Vernon shall carry his or her health permit at all times. Such permit shall be readily available for presentation to the Health Officer upon request.

C. Caterer Inspection and Enforcement.

1. Right to Inspect. The Health Officer may enter and inspect, any facility operated by a caterer or any place suspected of being a facility operated by a caterer, and may issue citations and secure any sample, photograph, or other evidence for the purpose of enforcing this chapter.

2. Resisting or Disobeying a Health Officer Prohibited. No person shall refuse, resist, or attempt to resist the entry of the Health Officer into any establishment, facility, railway car, stage, vehicle, building, room, lot, place, or portion thereof in the City in the performance of his or her duty. No person shall refuse to obey any lawful order of the Health Officer, made in the performance of his or her duties, within the power conferred upon him or her by State law or by this chapter.

3. Inspection Report and Hearing. A written report of inspection shall be prepared by the Health Officer and a copy shall be supplied or mailed to the caterer inspected. If the caterer fails to comply with the requests of the Health Officer, the Health Officer shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, and informing him or her of a right to a hearing, if requested, to show cause why the permit should not be suspended or revoked.

D. Enforcement.

1. Permit Suspension.

a. A health permit may be suspended for repeated violations of this chapter, interference with the Health Officer in the performance of his or her duty, or the presence of an immediate danger to the public health or safety unless the danger is immediately corrected.

b. Whenever a permit is suspended for violating this chapter, the Health Officer shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged and informing the permittee of the right to a hearing.

2. Permit Reinstatement. A permit which has been suspended for violating this chapter may be reinstated if the Health Officer determines that conditions which prompted the suspension no longer exist.

3. Permit Revocation. The Health Officer may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of this chapter, interference in the performance of the duty of the Health Officer, or an immediate danger to the public health or safety. Any caterer whose permit has been revoked shall close and remain closed until a new permit has been issued.

4. Appeal of Revocation. A caterer whose permit has been revoked for violating this chapter, may appeal such revocation to the City Council.

5. Right to Impound. The Health Officer may impound any equipment or utensil, used by a caterer, which is unapproved, found to be insanitary, or in such disrepair that it may cause food to become contaminated or adulterated. The Health Officer may place a tag on impounded equipment or utensils, which shall be removed only by the Health Officer.

6. Right to Embargo. The Health Officer may embargo any food suspected of being adulterated, unfit for human consumption, misbranded, or falsely advertised. The embargoed food shall be identified with a tag, detained, released, or discarded.

7. Release from Impound or Embargo. The Health Officer shall commence proceedings for the release of any food, equipment, or utensil that has been embargoed or impounded, or to seek administrative or legal remedy for its disposition, within 30 days of such action. It is unlawful for any person to make any disposition of embargoed food or impounded equipment or utensils other than that ordered by the Health Officer.

8. Responsibility for Violations. The owner, manager, or operator of any catering businesses is responsible for any violation of this chapter by his or her employee.

E. Hearing Procedures. Hearings shall be held regarding noncompliance with this chapter in the following manner:

1. Health Officer Requirement. The Health Officer may require the owner, operator, or manager of a catering business to attend an administrative hearing to discuss violations of this chapter, disposition of embargoed or impounded items, the suspension or revocation of a health permit, or other significant issue related to caterers.

2. Request by Owner, Operator, or Manager. The owner, operator, or manager of a catering business may request an administrative hearing to discuss events related to the enforcement of the provisions of this chapter. Such events include notices to comply, permit suspensions, and disposition of embargoed or impounded items. The owner, operator, or manager must submit a request for a hearing within 15 calendar days after the event. A failure to request a hearing within 15 calendar days of the event shall be deemed a waiver of the right to a hearing. The hearing shall be held within 15 days of the receipt of the request for a hearing. When circumstances warrant, the hearing officer may order a hearing at a reasonable time within this 15-day period to expedite the permit suspension or revocation process.

3. Administrative Enforcement. To the extent that the City utilizes its administrative enforcement procedures as set forth in Chapter 1.08 of this Code, then the procedures set forth in Chapter 1.08 shall be utilized in place of the procedures set forth in this section.

(Prior code §§ 11.11.1—11.12.12)

A. Use of Approved Facility. All food shall be stored and prepared at a permitted food establishment or other approved food facility. No food prepared or stored in a private home shall be used, stored, served, offered for sale, sold, or given away.

B. Equipment and Utensils. All utensils and equipment shall be properly washed, sanitized, and stored at the permitted food establishment and shall be protected at all times from contamination.

C. Food Handling. All food shall be prepared, stored, packed, packaged, transported, held, and served so as to be protected from contamination, adulteration, and spoilage; and shall conform to the applicable provisions of the California Sherman Food, Drug, and Cosmetic Law and the California Retail Food Code.

D. Sneeze Guards. Adequate sneeze guards shall be provided when food is displayed for customer self-service i.e., buffet-style food service.

E. Employee Sanitary Practices. All food handlers shall wash their hands and arms with soap and warm water before commencing work, immediately after using the toilet facilities, and as frequently as necessary to prevent contamination of food or utensils.

F. Sanitary Facilities. Toilet and hand washing facilities shall be available within 200 feet of the catering function.

G. Temperature Requirements. All potentially hazardous foods shall be maintained at or below 41° Fahrenheit or at or above 135° Fahrenheit at all times, including transportation of food from the permitted food facility to the catering function.

(Prior code §§ 11.13.1—11.13.7)

The Health Officer may require persons that handle unpackaged food to be a certified food handler.

(Prior code § 11.14.1)