Sec. 14-202. - Operative date.
Sec. 14-204. - Establishment of course of study.
Sec. 14-205. - Food handler certification.
Sec. 14-206. - Exemption from examination.
Sec. 14-209. - Penalty clause.
This article is enacted to aid in providing safe and wholesome food, by establishing minimum standards of education for food handlers as a condition of certification.
(Ord. No. 5047 § 1, 1997.)
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a)
"Certified food handler" means a person holding a valid food handler certificate.
(b)
"County" means the county of Sonoma, state of California.
(c)
"Course of study" means a food sanitation education program provided by the department, or another public or private provider as may be approved by the director.
(d)
"Critical violation" means violations of the California Uniform Retail Food Facilities Law, Health and Safety Code Section 113700 et seq., directly related to the potential for food-borne illness. A list of such violations is periodically published by the department.
(e)
"Department" means the environmental health division of the department of health services for the county of Sonoma.
(f)
"Director" means the director of environmental health division of the department of health services for the county of Sonoma or his/her authorized representative.
(g)
"Food" means any raw or processed substance, ice, beverage, including water, or ingredients intended to be used as food or drink, confection or condiment for human consumption.
(h)
Food Facility.
(1)
"Food facility" means all of the following:
(i)
Any food establishment, mobile food facility, vending machine, produce stand, swap meet, prepackaged food stand, temporary food facility, satellite food distribution facility, stationary mobile food preparation unit and mobile food preparation unit;
(ii)
Any place used in conjunction with the operation described in subsection (i) of this section, including, but not limited to, storage facilities for food-related utensils, equipment and materials;
(iii)
A certified farmers' market, for purposes of permitting and enforcement.
(2)
"Food facility" does not include any of the following:
A cooperative arrangement where no permanent facilities are used for storing or handling food, or a private home, church, private club or other nonprofit association that gives or sells food to its members and guests at occasional events, as defined in Section 113825 of the California Uniform Retail Food Facilities Law, or a for-profit entity that gives or sells food at occasional events, as defined in Section 113825, for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition for participating in the event.
(i)
"Food handler" means any person working in a food facility who engages in food preparation or who comes in contact with any food, utensil or equipment.
(j)
"Food handler certificate" means a document issued by the director attesting that the food handler has met the requirements.
(k)
"Food preparation" means the packaging, processing, assembling, portioning or operation which changes the form, flavor or consistency of food, but does not include produce trimming.
(l)
"Permit holder" means a person holding a local health permit issued pursuant to Section 14-4 of this code.
(m)
"Person" means any person, firm, organization, joint venture, business, trust, corporation or company.
(Ord. No. 5047 § 1, 1997.)
Sec. 14-202. - Operative date.
(a)
Effective July 1, 1999, no person shall operate a food facility without having at least one certified food handler present during food preparation.
(b)
Effective upon adoption of the ordinance codified in this article, all new food facility permittees shall, within sixty (60) days of permit issuance for a food facility, have at least one certified food handler present during food preparation.
(Ord. No. 5047 § 1, 1997.)
(a)
This article shall apply to all food facilities required to operate under permit by California Health and Safety Code Section 113920, with the exception of:
(1)
Food facilities that offer for sale only prepackaged foods;
(2)
Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code and in the regulations adopted pursuant to that section, if no food or beverage is offered for sale for on-site consumption.
(b)
If a food facility has no more than three food handlers working at any given time, the certified food handler(s) for the facility need not be present during food preparation.
The requirements of this section are in addition to local health permit requirements established by Section 14-4 of this chapter.
(Ord. No. 5047 § 1, 1997.)
Sec. 14-204. - Establishment of course of study.
(a)
The director shall approve a course of study to ensure that food handlers meet certain minimum standards.
(b)
The director may approve a person to instruct food handlers in a course of study, upon a satisfactory showing of competence to do so. Applications for teaching the course will, be provided by the director. Application fees will be established by resolution of the board of supervisors. The director's approval of a person to teach the course will remain valid for three (3) years or until revoked for cause by the director.
(Ord. No. 5047 § 1, 1997.)
Sec. 14-205. - Food handler certification.
Applications for the food handler certificate will be provided by the director. Application fees will be established by resolution of the board of supervisors. After completion of an approved course of study, the applicant shall be examined by the director. A score of at least seventy-five percent (75%) is required for certification. A multilingual test may be offered when appropriate. A certificate shall be valid for three (3) years from the date of issuance. Renewal of certificate will be issued for a period of three (3) years upon payment of a renewal fee and successful examination.
(Ord. No. 5047 § 1, 1997.)
Sec. 14-206. - Exemption from examination.
A food handler may be exempt from examination upon showing of similar certification from another organization that is recognized by the food industry. Provisions of Section 14-205 otherwise apply.
(Ord. No. 5047 § 1, 1997.)
A record of food handler certificates shall be maintained at each food facility and shall be available to the director upon request.
(Ord. No. 5047 § 1, 1997.)
If the director's inspection of a food facility reveals five (5) or more critical violations, the permit holder may be required to make any or all food handlers in the facility attend a special course of study as established by the director. The cost of such a special course of study shall be borne by the permit holder. This sanction shall be separate and apart from other action that may be deemed appropriate by the director.
(Ord. No. 5047 § 1, 1997.)
Sec. 14-209. - Penalty clause.
In addition to penalties provided by California Health and Safety Code Section 113700, et seq., violation of this chapter shall be considered a separate violation and may be considered just cause for the revocation of any local health permit issued under this chapter.
(Ord. No. 5047 § 1, 1997.)