Yolo County Municipal Code Ch. 3 Food Handling

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Director of Environmental Health" shall mean the Director of the Yolo County Environmental Health Division or his/her designated employee.

(b) "Employee" shall mean any person who is engaged in the handling, preparation, packaging, or serving of food or drink, or in the handling of utensils used in the preparation, packaging, or serving of food or drink, or who is employed, with or without pay, at any time in any room in which food or drink is prepared, packaged, or served.

(c) “Food Facility” shall mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level as more fully defined in the California Health and Safety Code, Section 113789.

(d) “Operator” shall mean every person, owner, or agent conducting the business of a Food Facility.

(e) “Placard” shall mean a color-coded placard that describes the compliance status of the food facility at the most recent Routine Inspection or Re-Inspection. The color green shall be the primary color used for a “PASS” placard. The color yellow shall be the primary color used to a “CONDITIONAL PASS” placard. The color red shall be the primary color for the “CLOSED” placard.

(f) “Re-Inspection” shall mean an inspection of any food facility by the Director of Environmental Health to determine compliance with an inspection report following a Routine Inspection, or any interim inspection conducted to determine compliance with specific regulations or legal requirements.

(g) “Routine Inspection” shall mean an inspection of any food facility by the Director of Environmental Health to determine compliance with all applicable federal, state, and local laws and regulations pertaining to the protection of public health.

(§§ 1 through 5, Chapter I, Ord. 260; as amended by § 2, Ord. 1480, eff. January 12, 2017)

On and after February 12, 1953, it shall be unlawful for any person to open, operate, or maintain a food facility without first obtaining a permit from the Director of Environmental Health.

(§ 1, Chapter II, Ord. 260; as amended by § 3, Ord. 1480, eff. January 12, 2017)

Applications for permits shall be filed with the Director of Environmental Health and include the following information:

(a) The name and address of the applicant and, if a partnership, corporation, or association, the names and addresses of all partners, and the names and addresses of the president, vice-president, secretary, and managing officer of the corporation or association; and

(b) The location of the premises for which the permit is sought.

(§ 2, Chapter II, Ord. 260; as amended by § 4, Ord. 1480, eff. January 12, 2017)

No permit shall be granted to any person to operate a food facility if the condition of the building, premises, equipment, or apparatus, or the reasonable facilities for the establishment, maintenance, conducting, or operating of the business, is insufficient, unfit, or incapable of being used for the proper maintenance of such business in a manner which will comply with:

(a) The building and equipment requirements made mandatory by the provisions of this chapter;

(b) All other laws of the County in any manner pertaining thereto;

(c) California Retail Food Code and all laws and statutes of the State of California in any manner pertaining to the operation of a Food Facility; and

(d) All rules and regulations regarding food facilities promulgated by the Director of Public Health of the State or by the Public Health Director of Environmental Health of the County.

(§ 4, Chapter III, Ord. 260; as amended by § 5, Ord. 1480, eff. January 12, 2017)

The Director of Environmental Health shall suspend or revoke permits for violations of the provisions of this chapter and, whenever such action is warranted for the protection of the health and safety of the public, by notice in writing delivered personally or by mail to the operator.

(§ 1, Chapter III, Ord. 260; as amended by § 6, Ord. 1480, eff. January 12, 2017)

Upon receipt of a notice of suspension or revocation of a permit, the operator shall close the food facility until such time as the order of suspension is rescinded by the Director of Environmental Health. The notice of suspension or revocation shall include a provision for an appeal hearing as described in the California Retail Food Code, Chapter 13, Article 3.

(§ 2, Chapter III, Ord. 260; as amended by § 7, Ord. 1480, eff. January 12, 2017)

At least once every year or once every six (6) months the Director of Environmental Health shall cause every food facility located within the County to be inspected. The frequency of the inspections will be based on the risk level of the food facility. The Director of Environmental Health may temporarily require more frequent inspections when a food facility has shown poor compliance history and more frequent inspections are necessary to demonstrate consistent compliance and public health protection.

(§ 3, Chapter III, Ord. 260; as amended by § 8, Ord. 1480, eff. January 12, 2017)

(a) Upon completion of a routine inspection or re-inspection, the Director of Environmental Health shall post the appropriate placard at the food facility, as determined by the Director of Environmental Health. The placard shall be posted so as to be clearly visible to the general public and to patrons entering the food facility. "Clearly visible to the general public and to patrons" shall mean:

(1) Posted in the front window of the food facility; or

(2) Posted in a display case mounted on the outside front wall of the food facility; or

(3) Posted in a location approved by the Director of Environmental Health to ensure proper notice to the general public and to patrons.

(b) If a food facility is operated in the same building as a separately permitted or licensed business, or if a facility shares a common patron entrance with a separately permitted facility or licensed business, or in the event of both, the Director of Environmental Health shall post the placard in the initial patron contact area, or in a location approved by the Director of Environmental Health.

(c) The placard shall not be altered, defaced, marred, camouflaged, hidden, or removed. It shall be unlawful to operate a food facility unless the placard is posted in accordance with this chapter. Failure to comply with this section may result in the suspension or revocation of the food facility permit and will be subject to a daily re-inspection and the associated fees.

(d) The Director of Environmental Health shall re-inspect every food facility at which a yellow "conditional pass" placard is posted within three (3) department business days of the posting of the yellow placard. Upon re-inspection, the appropriate placard shall be posted.

(e) A placard shall remain valid from the time of issuance until a new placard is issued at time of routine inspection, re-inspection or change of ownership.

(f) Food facility categories eligible for the placard program shall be determined by the department.

(§ 8, Chapter IV, Ord. 260, as amended by § 1, Ord. 563,§ 3, Ord. 823, eff. March 1, 1979, and § 9, Ord. 1480, eff. January 12, 2017)

(a) When the Director of Environmental Health, during a food facility inspection, determines either of the following:

(1) Repeated violation of critical factors affecting food safety; or

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

The Director of Environmental Health may require the owner to send all staff who engage in food preparation to a food safety education class provided or approved by the Yolo County’s Division of Environmental Health.

(b) The food safety education class shall include, but not be limited to, the following:

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

(§ 8, Chapter IV, Ord. 260, as amended by § 1, Ord. 563,§ 4, Ord. 823, eff. March 1, 1979, and § 10, Ord. 1480, eff. January 12, 2017)

The Public Health Director, from time to time may cause a bacterial examination to be made of such eating and drinking utensils as he may elect to test at any restaurant. In any such test, the resulting bacterial count exceeding 100 per utensil surface area examined shall be considered unsatisfactory. Any three (3) such unsatisfactory results from such tests taken in any restaurant in any sixty (60) day period shall warrant the closing of the restaurant concerned until such time as it has been demonstrated that the conditions causing such unsatisfactory utensil sanitization have been corrected. (§ 8, Chapter IV, Ord. 260, as amended by § 1, Ord. 536, and § 5, Ord. 823, eff. March 1, 1979)

Whenever the Public Health Director, upon examination or inspection, shall ascertain that any fixture or utensil used in the operation of any restaurant is unfit or unsuitable for its intended or actual use by reason of previous use for any unclean purpose, or by lack of compliance with any law or regulation pertaining thereto, or by reason of its being damaged or broken, or if for any reason its use is likely to prove a menace to the public health, it shall be the duty of the Public Health Director, and he is hereby empowered, to reject any such fixture or utensil and prohibit its use within the establishment. (§ 1, Chapter IV, Ord. 260, as amended by § 6, Ord. 823, eff. March 1, 1979)

Samples of food or drink may be taken and examined by the Public Health Director as often as may be necessary for the detection of unwholesomeness, adulteration, or misbranding. The Public Health Director may condemn, denature, remove, and destroy any food or drink which is unwholesome, adulterated, or misbranded, or he may forbid the sale for human consumption of any food or drink which is adulterated or misbranded. (§ 2, Chapter IV, Ord. 260, as amended by § 7, Ord. 823, eff. March 1, 1979)

It shall be the duty of every operator of a restaurant to keep an accurate, up-to-date list of all persons employed therein and to furnish a true copy of such list to the Public Health Director upon request. (§ 4, Chapter IV, Ord. 260, as amended by § 8, Ord. 823, eff. March 1, 1979)

(a) Notices by employees. It shall be the duty of every employee of a food handling establishment to notify the operator if such employee contracts any communicable disease.

(b) Notices by operators. It shall be the duty of the operator to immediately notify the Public Health Director that such condition exists.

(c) Action by the Public Health Director. Upon the receipt of such notice from the operator, it shall be the duty of the Public Health Director to investigate the condition set forth in such report and to institute such measures as may be necessary for the public health. (§ 3, Chapter IV, Ord. 260, as amended by § 9, Ord. 823, eff. March 1, 1979)

Repealed* (§ 5, Chapter IV, Ord. 260; * § 10, Ord. 823, eff. March 1, 1979)

Repealed* (§§ 6 and 7, Chapter IV, Ord. 260; * § 11, Ord. 823, eff. March 1, 1979)