"Certified food handler"
means an owner, operator, or employee, at least 18 years of age, who has successfully passed an approved and accredited food safety certification examination and who supervises all or part of the food service operations within a food facility and is responsible for training the operation's employees in the areas set forth in Section 11.11.190 of the Los Angeles County Code as it currently exists or hereafter may be amended.
"Clearly visible to the general public and to patrons"
means: (1) posted in the front window of the food facility within five feet of the front door; or (2) posted in a display case mounted on the outside front wall of the facility within five feet of the front door; (3) posted adjacent to the pass out window on a mobile food facility, or on the customer service side of an unenclosed mobile food facility; or (4) posted in a location as directed and determined in the discretion of the health officer to ensure proper notice to the general public and to patrons. 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 a separately licensed or permitted business, or in the event of both, "clearly visible to the general public and to patrons" means the initial patron contact area or a location as determined in the discretion of the health officer.
"Department"
means the county of Los Angeles department of health services.
"Director"
means the director of the county of Los Angeles department of health services or duly authorized designee.
"Food facility"
means any food service business which prepares food or 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, caterers, mobile food preparation units, mobile food facilities, mobile support units, commissaries, and food processing facilities or businesses operating in conjunction with food processing facilities.
"Food handler"
means and includes all persons employed by, or working in a voluntary or nonpaid capacity, for a food facility wherein the person handles, touches, cleans, stores, packages, prepares, or otherwise processes food or potentially hazardous food.
"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.
"Food official inspection report"
means the written notice prepared and issued by the 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.
"Grade" or "grading"
means the letter grade issued by the health officer at the conclusion of a routine inspection or owner-initiated inspection of a food facility. The grade shall be based upon the scoring method set forth in this chapter 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.
"Health officer" or "health inspector"
means an employee of the county of Los Angeles department of health services appointed to a position responsible for conducting health inspections of food facilities in the city.
"Inspection score card"
means a card that must be posted at a food facility, upon completion of a routine or owner-initiated inspection, that indicates the total numerical percentage score for the food facility as determined by the health officer and as set forth in the food official inspection report.
"Letter grade card"
means a card that must be posted at a food facility upon completion of a routine or owner-initiated inspection that indicates the letter grade of the food facility as determined by the health officer using the scoring method set forth in this chapter.
"Mobile food facility"
means any vehicle used in conjunction with a commissary or other permanent 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.
"Mobile food preparation unit"
means any vehicle upon which ready-to-eat food is prepared, cooked, wrapped, packaged, or portioned for service, sale or distribution.
"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.
"Notice of closure"
means a public notice that may be posted by the health officer at a food facility upon suspension or revocation of the facility's public health permit and that results in the immediate closure of the facility and the discontinuance of all operations of the food facility, by order of the health officer, because of violations of applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.
"Owner-initiated inspection"
means a re-inspection conducted by the health officer pursuant to a request from the food facility, following a routine inspection, to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directions relating to public health.
"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.
"Routine inspection"
means a periodic, unannounced inspection of any food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directions relating to public health. A routine inspection shall not mean an inspection conducted by the health officer to determine compliance with a previously issued food official inspection report or any interim or owner-initiated inspection conducted to determine compliance with specific regulations or legal requirements.
"Scoring method"
means a procedure used by the county health officer where a score is calculated by adding values predefined on the food official inspection report for violations that are observed during an inspection, and subtracting that total from 100. The resulting numerical sum, stated as a percentage, constitutes the score for the inspection.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
Upon completion of a routine inspection, or owner-initiated inspection, of a food facility, the health officer shall complete a food official inspection report and shall assign a grade to the food facility based upon the final numerical percentage score set forth in the food official inspection report, as follows:
A. 
A grade of "A" shall indicate a final score of 90% or higher as determined by the health officer;
B. 
A grade of "B" shall indicate a final score of less than 90% but not less than 80% as determined by the health officer;
C. 
A grade of "C" shall indicate a final score less than 80% but not less than 70% as determined by the health officer.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
A. 
Upon issuance by the health officer, the health officer shall post at every food facility, the letter grade card, the inspection score card, or both, as determined by the health officer, so as to be clearly visible to the general public and to patrons entering the facility. For food facilities earning a final score of less than 70%, the inspection score card only shall be posted.
B. 
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 concerns 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 Health Officer].
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
The posted letter grade card, inspection score card, or both, shall not be defaced, marred, camouflaged, hidden, removed, reproduced, or copied. It is unlawful to operate a food facility unless the letter grade card, the inspection score card, or both, as determined by the health officer, is or are in place in a location clearly visible to the general public and to patrons entering the facility. Removal of the letter grade card, the inspection score card, or both, is a violation of this chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 6.05.220 of this chapter.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
The food official inspection report, upon which the letter grade card, the inspection score card, or both, are based, and all subsequent reports issued by the health officer, shall be maintained at the food facility and shall be available to the general public and to patrons for review upon request during regular business hours. The food facility shall keep the food official inspection report and all subsequent reports until such time as the health officer completes the next routine or owner-initiated inspection of the facility and issues a new food official inspection report.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
A letter grade card or an inspection score card shall remain valid until the health officer completes the next routine inspection of the food facility or until an owner-initiated inspection is conducted for the purpose of reviewing corrections made as a result of the prior routine inspection, so long as the owner-initiated inspection is conducted pursuant to procedural and administrative guidelines established by the department for issuance of new grades prior to the next routine inspection.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
The health officer, in his or her discretion, may immediately close any food facility which, upon completion of the routine or owner-initiated inspection, does not achieve at least a "C" grade or higher as defined herein. Nothing in this provision shall prohibit the health officer from immediately closing any food facility if, in his or her discretion, immediate closure is necessary to protect the public health.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
A. 
Upon issuance of a written notice of suspension or revocation of a public health permit by the health officer, the health officer shall post a notice of closure at the food facility 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 health officer, the food facility 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 health officer or until the facility no longer operates as a food facility.
C. 
The notice of closure shall remain posted until removed by the health officer. Removal of the notice of closure by any person other than the health officer or the refusal of a food facility to close upon 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 facility's public health permit and shall be punishable as specified in Section 6.05.220 of this chapter.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
Effective January 1, 2000, each food facility shall have at least one "certified food handler." For purposes of this section, multiple contiguous food facilities permitted within the same site and under the same management, ownership or control shall be deemed to be one food facility, notwithstanding the fact that the food facilities may operate under separate permits. Failure to have a certified food handler shall be grounds for the suspension or revocation of the food operation's public health permit and shall be punishable as set forth in Section 6.05.220 of this chapter.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
A. 
Every person desiring certification as a certified food handler shall file with the department an application for certification, accompanied by an application fee as set forth by the department. Upon application, each person desiring certification shall provide:
1. 
Proof of successful completion of a food handler's training course approved by the department;
2. 
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
3. 
Any other food handler's training certificate which, in the discretion of the director, is equivalent to either subsection (A)(1) or (2) of this section.
B. 
Alternatively to subsection A of this section, any person desiring certification as a certified food handler, upon payment of an examination fee, may take an examination administered by the department. The department shall certify only those persons who receive a score of 75% or higher on its examinations. The payment of any examination fee shall be in addition to the application fee set forth by department.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
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 foodborne illness microorganisms, foodborne illness, the means by which food is contaminated by microorganisms and toxic substance, the methods for protection of food to prevent foodborne illnesses, personal hygiene for food handlers, proper utensils and equipment washing and sanitizing, and proper receiving and storage of food.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
The owner/operator of a mobile food facility, mobile support unit, or mobile food preparation unit shall obtain an annual certification inspection from the county health officer. The enforcement agency shall initially approve all mobile food facilities and mobile support units as complying with California Health and Safety Code Chapters 1 through 8, inclusive, 10 and 13. The county health officer shall then issue a certification sticker which shall be affixed to the mobile food facility or mobile support unit. The sticker will be valid during the fiscal year corresponding to the mobile food facility's or mobile support unit's current public health operating permit. Failure to secure an annual certification sticker shall result in a suspension or revocation of the public health license or permit.
(Ord. 397 § 1, 2011)
Persons who operate more than one food facility shall be required to have a certified food handler at each operation, unless otherwise exempted under Section 6.05.090 of this chapter.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
The owner/operator of a mobile food facility, mobile support unit, or mobile food preparation unit shall complete a Mobile Food Facility Route Sheet, obtained from the county health officer, listing the complete address, telephone number and arrival/departure times of each location where the retail food business is being conducted. The Mobile Food Facility Route Sheet shall be maintained on file at the Vehicle Inspection Program. The owner/operator of a mobile food facility or mobile support unit shall notify the county health officer of any significant changes to the Mobile Food Facility Route Sheet. Failure to provide an accurate and current Mobile Food Facility Route Sheet may result in suspension or revocation of the public health license or permit.
(Ord. 397 § 1, 2011)
Food facilities that deal exclusively in nonpotentially hazardous prepackaged food and beverages or food facilities required by the department to have only temporary operating permits shall be exempt from the certified food handler requirements of this chapter.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
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 facility in which he or she is subsequently employed. A food facility that loses its certified food handler must obtain another certified food handler within 30 days.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
The food handler's training certificate shall be valid for the time period set forth by the department. Upon the expiration of the food handler's training certificate, all persons must re-apply for a new certificate in accordance with the procedures for obtaining a new certificate as set forth in this chapter.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
A. 
The director may immediately revoke any food handler's training certificate when any of the following is found to exist within a food facility which is operated by or under the supervision of a certified food handler:
1. 
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;
2. 
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
3. 
Evidence indicating falsification of information required by the department for issuance of the food handler's training certificate.
B. 
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.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
A. 
Any certified food handler whose certificate has been revoked may make a written request with the department for hearing within 15 calendar days after receipt of the notice specified in Section 6.05.190 of this chapter to show cause why the certificate should be reinstated. A failure to request a hearing within 15 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 15 day period to expedite the certification revocation process.
B. 
The hearing shall be held within 15 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.
C. 
An environmental health services manager for the department shall preside over any hearing requested under this section.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
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 certificate remains revoked or that it has been reinstated.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)
Notwithstanding any other provision of this chapter, violation of this chapter is a misdemeanor and is punishable as set forth by this code.
(Ord. 294 § 1, 1998; Ord. 397 § 1, 2011)