This chapter is to provide for the enforcement of California
Laws and regulations pertaining to retail food facilities, and to
establish local requirements as authorized in Health and Safety Code
Section 113715.
All definitions, authority, scope, responsibilities, requirements,
standards, conditions, exemptions, procedures and penalties described
within state law are hereby adopted and incorporated herein. The provisions
of this chapter are authorized pursuant to state law and are intended
to supplement and not to pre-empt state law. Laws and regulations
enacted by the state that surpass the requirements of this code, which
pertain to health and sanitation shall take precedence.
(SCC 1333 § 1, 2006)
A.
"Food
facility" is any operation that stores, prepares, packages, serves,
vends, or otherwise provides food for human consumption at the retail
level, and as further defined in California Health and Safety Code
Section 113789.
B.
The
"Official Inspection Report (OIR)" is the written notice prepared
and issued by the Health Officer after conducting an inspection of
a food facility to document compliance with all applicable federal,
state, and local laws and regulations pertaining to the protection
of the public health.
C.
"Operator"
and/or "employee" means any person or owner engaged in the dispensing
of, or assisting in the preparation of food or beverages, or any person
otherwise employed in a food facility. "Owner" or "owners" means those
persons, partnerships or corporations who are financially interested
in the operation of a food facility.
D.
"Placard"
means a color coded placard that describes the compliance status of
the food facility at the most recent 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 for a "CONDITIONAL
PASS" placard. The color red shall be the primary color used for a
"CLOSED" placard.
E.
"Routine
Inspection" shall mean an inspection of any food facility to determine
compliance with all applicable federal, state, and local laws and
regulations pertaining to the protection of public health. A Routine
Inspection shall not mean an inspection by the Health Officer to determine
compliance with a previously issued inspection report or any interim
inspection conducted to determine compliance with specific regulations
or legal requirements.
F.
"Hearing
Officer" shall mean the Health Officer or the Health Officer's duly
appointed designee.
G.
"Health
Officer" means the Health Officer of the County and the duly authorized
agent.
H.
"Board
of Supervisors" means the Board of Supervisors of the County.
(Ord. 735 § 1 (A-H), 1961; SCC 1333 § 2, 2006; SCC 1600
§ 2, 2016)
Laws and regulations enacted by the State of California that
surpass the requirements of this Code which pertain to health and
sanitation of food facilities shall take precedence and supersede
the provisions of this Code.
(Ord. 735 § 1 (J-M), 1961; SCC 1333 § 3, 2006)
A.
Upon
completion of a routine inspection or reinspection, the Health Officer
shall post at every food facility the appropriate placard, as determined
by the Health Officer. The placard shall be posted so as to be clearly
visible to the general public and patrons of the food facility. "Clearly
visible to the general public and patrons" shall mean:
1.
For
a permanent food facility, posted in the front window within five
feet of the front door; for a mobile food facility, posted on the
front of the facility within two feet of the service window or service
area; or
2.
For
a permanent food facility, posted in a display case mounted on the
outside front wall of the food facility within five feet of the front
door; for a mobile food facility, posted in a display case mounted
on the front of the facility within two feet of the service window
or service area; or
3.
Posted
in a location approved by the Health Officer to ensure proper notice
to the general public and to patrons.
B.
In the
event that a food facility is operated in the same building as a separately
permitted or licensed business, or in the event that a food facility
shares common patron entrance with a separately permitted facility
or licensed business, the Health Officer shall post the placard in
the initial patron contact area or in a location approved by the Health
Officer.
C.
The
placard shall not be defaced, marred, camouflaged, hidden or removed.
Unless the food facility has been exempted from the placarding requirement
by the Health Officer, it is unlawful to operate a food facility without
the placard being posted in accordance with this chapter.
D.
Removal of the placard is a violation of this chapter and shall be punishable as specified in Section 6.60.020. In addition, the removal of the placard may result in the suspension or revocation of the health permit and will be subject to a daily reinspection and the associated fees. Posting of a placard not issued to the food facility where the placard is posted may result in suspension or revocation of the health permits of both the posting food facility and the food facility to which the placard was issued.
Notwithstanding the foregoing, a mobile food facility may remove
its green placard only when the mobile food facility is outside the
geographic boundaries of Sacramento County. The green placard must
be reposted as required herein when the mobile food facility returns
to Sacramento County.
E.
Any
lost or stolen placard shall be reported to the Health Officer as
soon as possible and in any event, no later than the next business
day.
F.
In addition
to the placard, the OIR shall be maintained at the food facility and
shall be available to the general public and to patrons for review
upon request. The food facility shall keep the OIR until such time
as the Health Officer completes the next routine inspection or reinspection
and issues a new OIR.
G.
A placard
shall remain valid from the time of issuance until a new placard is
issued at time of routine inspection, reinspection or change of ownership.
(SCC 1238 § 1, 2003; SCC
1333 § 4, 2006; SCC 1600 § 3,
2016)
When the Health Officer, during a food facility inspection,
determines either of the following:
A.
Repeated
violation of critical factors affecting food safety; or
B.
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 Health Officer may require the owner to send all staff who
engage in food preparation to a food safety education class provided
by the County's Environmental Management Department.
The food safety education class shall include, but not be limited
to, the following:
(SCC 1238 § 2, 2003; SCC
1618 § 54, 2018)
Except as provided by Section 6.04.095, separate toilet facilities for each sex shall be provided convenient to the employees or operators on the premises of food facilities, the toilet facilities shall also be provided convenient to the public.
The separate toilet facilities for each sex shall be located,
designed, equipped and constructed in compliance with the following
requirement:
The restrooms shall be located not more than 200 feet distant
from the main entrance of the food facility, shall be available for
use by persons associated with the food facility at all times the
facility is open, and shall not be located within another business
establishment.
(Ord. 563 § 1, 1983; Ord. 735 § 8, 1961; SCC 1333 § 11, 2006)
A single restroom subject to use by either sex, which is located, designed, equipped and constructed in compliance with the provisions of Section 6.04.090, may be provided for food facilities, if the seating capacity of the food facility does not exceed 12 (including seats for video games, chairs and benches).
(Ord. 563 § 1, 1983; SCC 1333 § 12, 2006)
All wastes shall be properly disposed of, and all garbage and
trash shall be kept in suitable, leakproof, nonabsorbent receptacles
covered with close fitting lids. Garbage disposal units may be used
for wet garbage. Receptacles into which waste products are emptied
at frequent intervals shall not be required to have lids during such
use. Such receptacles shall be thoroughly cleansed after emptying
and before reuse.
(Ord. 735 § 13, 1961)
All food and beverage shall be clean, wholesome, free from spoilage,
and be so prepared as to be safe for human consumption and shall comply
with the provisions of the Health and Safety Code relating to pure
foods, adulteration, and all portions pertaining thereto.
(Ord. 735 § 14, 1961)
All food or beverage shall be so stored, displayed, dispensed,
or served as to be reasonably protected from dust, dirt, flies, vermin,
depredation and pollution by rodents, unnecessary handling droplet
infection, overhead leakage, or other contamination.
(Ord. 735 § 16, 1961)
The premises of all food handling establishments shall be clean
and free by all reasonable means of litter, rubbish, rodents, roaches,
ants, flies, or other insects.
(Ord. 735 § 18, 1961)
No person shall be employed in any food handling establishment
who, in the opinion of the Health Officer having jurisdiction, is
affected with, or a carrier of, any disease in a stage which is likely
to be communicable to persons exposed as a result of the affected
employee's normal duties of a food or beverage handler.
(Ord. 735 § 23, 1961)
When a complaint or information as to the possibility of the
transmission of infection from any employee or owner is presented
to the Health Officer, the Health Officer shall investigate, and may,
after investigation, require, in writing, any or all of the following
measures:
1.
The
immediate exclusion of such employee or owner from the food facility
by the Health Officer;
2.
The
immediate closing of the food facility until no further danger of
disease outbreak exists in the opinion of the Health Officer;
3.
Adequate
medical examination of the owner, employee, and co-employees, with
such laboratory examination as may be indicated; or should such examination
or examinations be refused, then the immediate exclusion of the refusing
owner, employee, or co-employee from that or any other food facility
until an adequate medical or laboratory examination shows that he/she
is not affected with or a carrier of any disease in a communicable
form.
(Ord. 735 § 24, 1961; SCC 1333 § 23, 2006)
Any person now operating a food facility without a permit, or
any person intending to operate any food facility, shall make an application
to the Health Officer upon a form provided by the Health Officer,
giving the names of the owner or owners, manager or managers thereof,
and such other information as the Health Officer may require for the
administration of this chapter and the laws of the State.
Following receipt of such application by the Health Officer,
the Health Officer shall make or cause to be made an inspection of
the food facility, and if the provisions of this chapter, and the
health laws and regulations of the State of California have been complied
with, the Health Officer shall so certify that fact to the applicant
and within ten days issue a permit to operate. If the food facility
does not conform to the provisions of this chapter, or the health
laws and regulations of the State, the Health Officer shall not issue
a permit.
(Ord. 735 § 25(A), 1961; SCC 1333 § 24, 2006)
The certificate of approval issued by the Health Officer shall
be considered the permit to operate under the provisions of this chapter.
No permit to operate such place of business shall be issued to any
person until all of the provisions of this chapter, the rules and
regulations of the Health Officer, the health laws of the state, and
the rules and regulations of the State Department of Public Health
as well as all other ordinances of the County in relation to proper
location, construction, and equipment of food handling establishments
has been complied with. Any permit issued under these provisions shall
not be transferable to any other person or any other location. No
permit shall be valid for a longer period than ten days following
date of its issue unless the operator, owner or manager procures a
license from the license collector to operate the place of business.
The license collector shall issue no license to operate a food handling
establishment, as defined herein, until a permit or certificate of
approval has been issued by the Health Officer. The application for
a permit to operate a food handling establishment when countersigned
by the Health Officer, recommending a permit be issued to the applicant,
shall be the certificate of approval.
(Ord. 735 § 25(B), 1961)
Any permit issued pursuant to the provisions of this chapter
may be suspended or revoked by the Health Officer for a violation
of the provisions of this chapter, or any health law or regulation
of the State. Any food facility for which the permit has been suspended
shall close and remain closed until the permit has been reinstated.
Any food facility for which the permit has been revoked shall close
and remain closed until a new permit is issued.
Whenever the Health Officer finds that a food facility is not
in compliance with the requirements of this chapter or any of the
health laws or regulations of this state, a written notice to comply
shall be issued to the owner. If the owner fails to comply, the Health
Officer shall issue to the owner a notice setting forth the violations
with which the owner is charged, and informing the owner of the right
to a hearing, if requested, to show cause why the permit should not
be suspended or revoked.
The Health Officer may also, after providing an opportunity
for a hearing, modify, suspend or revoke a permit for serious or repeated
violations of any of the requirements of this chapter or any of the
health laws and regulations of this state or for interference in the
performance of the duty of the Health Officer.
A written request for a hearing shall be made by the owner within
15 calendar days after receipt of the notice. 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 Hearing Officer may order a hearing at any reasonable time within
this fifteen day period to expedite the permit suspension or revocation
process.
The hearing shall be held within 15 calendar days of the receipt
for request for a hearing. Upon written request of the owner, the
Hearing Officer may postpone any hearing date, if circumstances warrant
such action.
The Hearing Officer shall issue a written notice of the decision to the owner within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the violations with which the owner is charged, and shall state the terms of the suspension or that the permit has been revoked. The decision of the Hearing Officer shall become final upon the expiration of the time for the filing of an appeal stated in Section 6.04.290.
(Ord. 735 § 25(C), 1961; SCC 1333 § 25, 2006)
Any person whose permit is revoked or suspended pursuant to
the provisions of this chapter may appeal to the Board of Supervisors
by filing a request for a hearing of such appeal with the Clerk of
the Board of Supervisors within 10 days after the decision of the
Hearing Officer that such permit be suspended or revoked. The Board
of Supervisors shall, at the next regular meeting after the filing
of the request for hearing on such appeal with the clerk, set the
matter for hearing not less than five and not more than 10 days. The
Board of Supervisors may at such hearing sustain, reverse, or modify
the decision of the Hearing Officer respecting the suspension or revocation
of the permit.
(Ord. 735 § 25(D), 1961; SCC 1333 § 26, 2006)
It is unlawful for any person controlling, leasing, acting as
agent for, conducting, operating, or managing any food handling establishment
in the unincorporated area of the County, to conduct or operate, or
cause or permit to be conducted or operated, such food handling establishment
without a permit to operate the same, or during the time of suspension
of such permit, or after the revocation of such permit, notwithstanding
the fact that such person holds a valid license from the County to
conduct such business.
(Ord. 735 § 26, 1961)
The Health Officer shall have the right to make reasonable rules
and regulations governing the conduct of the food handling establishments
as defined herein for the purpose of enforcing the provisions of this
chapter. For the purpose of this chapter, such rules and regulations
and amendments thereto shall be effective only after approval of the
Board of Supervisors.
(Ord. 735 § 27, 1961)
The Health Officer, and the Health Officer's duly authorized
agents, are charged with the enforcement of the provisions of this
chapter.
The Health Officer, and the Health Officer's duly authorized
agents, may at all reasonable times enter any food facility or any
place suspected of being a food facility to inspect the premises and
utensils, implements, machinery, receptacles, fixtures, furniture,
and other equipment, supplies, articles of food, operatives, and employees
therein.
(Ord. 735 § 29, 1961; SCC 1333 § 27, 2006)
In addition to the penalties set forth in Section 6.04.340,
any violation of the provisions of this chapter is hereby declared
a public nuisance.
(Ord. 735 § 31, 1961)
