Weed Municipal Code Ch. 8.04 Food-Handling Establishments

Footnotes:

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For statutory provisions on restaurant sanitation, see Health and Safety Code §28520 et seq., for provisions on local regulations of restaurant sanitation, see Health and Safety Code §28693.

As used in this chapter, the following definitions shall apply:

A. "Employee" means any person working in a food establishment, whether with or without pay, who handles food during any phase of its storage, preparation, manufacture, distribution, serving or display, or who comes in contact with food equipment, utensils or machinery. The owner of a food establishment, if engaged in food handling, is subject to the same requirements as any other person so engaged.

B. "Food" means all articles used for human consumption as food, drink, confectionery or condiment, whether simple or compound.

C. "Food establishment" means any restaurant, including an "itinerant restaurant," "vehicle" and "vending machine" (as defined in Chapter 11, commencing with Section 28520, of Division 11 of the Health and Safety Code of the state of California), "bakery" (as defined in Chapter 6, commencing with Section 28190, of Division 21 of the Health and Safety Code of the state of California), "distributing or storage establishment" (including but not limited to the licensed premises or branch office of a wine grower, brandy manufacturer or wine blender, subject to the provisions of Chapter 7, commencing with Section 28280, of Division 21 of the Health and Safety Code of the state of California), or a "locker plant" (subject to the provisions of Chapter 12, commencing with Section 28700, of Division 21 of the Health and Safety Code of the state of California), "health facilities" (subject to the provisions of Chapter 2, commencing with Section 1400, and 3, commencing with Section 1500, of Division 2 of the Health and Safety Code of the state of California), or official "meat establishment" (subject to the provisions of the Agricultural Code).

D. "Health officer" means the health officer of Siskiyou County, or his authorized representative.

E. "Person" means an individual, firm, corporation, partnership, club, association or organization.

(Ord. 179-78 §1, 1978; Ord. 11-61 §1, 1961).

It shall be unlawful for any person to operate any food establishment within the incorporated city without a valid certificate issued by the county health officer or his authorized representative. Such certificate shall be displayed prominently in the place of business for which it is issued.

(Ord. 11-61 §2(part), 1961).

A. No certificate to operate a place of business subject to the provisions of this chapter shall be issued until all of the provisions of this chapter and of the California Restaurant Act, and all rules and regulations of the State Board of Public Health, have been complied with. Further, no certificate to operate shall be issued until there is presented to the county health officer satisfactory evidence that all employees of the establishment have had at least minifilm x-rays of the chest within the preceding twelve months and have been found free of any infectious disease in a communicable stage.

B. Such certificates shall expire six months after date of issuance.

C. A certificate is not transferable upon change of ownership of a food establishment.

(Ord. 11-61 §2(part), 1961).

Inspections under this chapter shall be based upon provisions of the California Restaurant Act and on rules and regulations of the State Board of Public Health and subsequent modification thereof.

(Ord. 11-61 §2(part), 1961).

A certificate may be suspended by the health officer for violations of any provision of this chapter but not until after the holder has been given an opportunity for a hearing before the health officer. After the hearing a reasonable time shall be allowed by the health officer for correction of the violations. During that correctional period the certificate may be suspended; and the food establishment may be ordered closed during the suspension if the health officer deems such action necessary for the protection of the public health. The suspension shall be lifted if full compliance with sanitary requirements is obtained at the end of the time allowed; if compliance is not obtained, the certificate shall then be revoked.

(Ord. 11-61 § 2(part), 1961).

Any person who operated a food establishment within the incorporated area of the city without a valid certificate from the county health officer is guilty of a misdemeanor. Each offense may be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment.

(Ord. 11-61 § 3, 1961).