Chapter 8.16
FOOD HANDLING REGULATIONS*
Sections:
8.16.010 Inspection – By approved organization required.
8.16.020 Food to be kept covered – Exceptions.
8.16.025 Food handling establishments – Opening and replacing food or beverage packages prohibited.
8.16.030 Refrigeration of perishables – Labeling required.
8.16.040 Employees – To be free of communicable disease – Report duty.
8.16.050 Employees – Description and list of duties required.
8.16.060 Employees – Clothing requirements.
8.16.070 Lighting, ventilation and plumbing.
8.16.080 Floors, walls, ceilings and drainboards.
8.16.090 Toilets and washrooms.
8.16.100 Garbage cans and storage areas.
8.16.110 Sawdust prohibited – Exception.
8.16.120 Living and sleeping quarters prohibited where.
8.16.130 Locker rooms.
8.16.140 Rodent, vermin or pest infestation deemed nuisance – Abatement procedure – Penalty for noncompliance.
8.16.150 Common drinking cups prohibited.
8.16.160 Containers for drinking water.
8.16.170 Outdoor display of foods prohibited.
8.16.180 Keeping of foods subject to sun damage.
8.16.190 Wrapping paper – Newspaper prohibited when.
8.16.200 Removal of surplus crates and boxes.
8.16.210 Winery and cider mill regulations.
8.16.220 Pre-prepared sandwiches.
8.16.230 Bottling of fruit juices, beverages, honey or other foods.
8.16.240 Custards and pastry fillings – Manufacturing and storage restrictions.
8.16.250 Special regulations for food handling establishments.
8.16.260 Stoves and ranges – Ventilating hoods required.
8.16.270 Water supply and sinks.
8.16.280 Damaged dishes or utensils prohibited.
8.16.290 Employees – Head covering required when.
8.16.300 Food storage containers.
8.16.310 Screens required – Fly fan regulations.
8.16.320 Milk – Method of serving.
8.16.330 Milk-dispensing devices – Use restrictions.
8.16.340 Malted milk and other milk drinks – Manufacture and serving regulations.
* For statutory authority for cities to enforce state food handling sanitation laws and to require health permits for the operation of such establishments, see Health and Saf. Code §§ 28690, 28693.
8.16.010 Inspection – By approved organization required.
No person shall sell, distribute, offer for sale, vend or give away any manufactured or prepared food or beverage product in the county other than the product of an establishment that is regularly inspected by the health officer or some other health department inspection service recognized and approved by the director of public health. (Ord. 855 § 2, 1963; prior code § 15.24).
8.16.020 Food to be kept covered – Exceptions.
No person shall sell, expose, or offer for sale, or cause or permit to be sold, exposed, or offered for sale, in the city any article of food prepared or intended for human consumption, which article of food is smoked, cooked, dried or otherwise prepared and intended for human consumption without further cooking, washing or other preparation, unless such article of food is covered or enclosed by glass or some other approved substance or material in such a manner as to prevent the handling of such article of food by any person other than the person selling, offering or exposing such article of food for sale, and to prevent such article of food from coming in contact with any deleterious, unwholesome or unhealthy substance or material; provided, however, that the provisions of this section do not apply to food uncovered in the process of preparation, or to food uncovered for display for immediate consumption on the premises, where steam tables or other approved service tables are in use and are properly protected from unwholesome or unhealthy contamination as provided in this chapter and the California Restaurant Act. (Ord. 855 § 2, 1963; prior code § 15.25).
8.16.025 Food handling establishments – Opening and replacing food or beverage packages prohibited.
A. In a store where packaged food or beverages are offered for sale, it is unlawful for any unauthorized person to unwrap, unseal or open any food or beverage package. This section shall not apply to persons opening containers of fresh eggs or bulk foods.
B. Signs advising the public of the provisions of this section shall be clearly and conspicuously located at the main entrance to all grocery stores so as to be visible to all persons entering the store. Such sign shall read: “For everyone’s health and safety, it is unlawful to open or tamper with food containers prior to purchase. Municipal Code Section 8.16.025.” (Ord. 2061 § 1, 1984).
8.16.030 Refrigeration of perishables – Labeling required.
All perishable food and beverage products shall be refrigerated at a temperature of not more than 50 degrees Fahrenheit from the time such food or beverage products are manufactured, processed or otherwise made suitable for human consumption until such time as such food or beverage products are delivered or served to the consumer. All packages of perishable food or beverage shall be conspicuously labeled: “PERISHABLE – KEEP REFRIGERATED.” (Ord. 855 § 2, 1963; prior code § 15.26).
8.16.040 Employees – To be free of communicable disease – Report duty.
No person, proprietor, or manager of an establishment shall require or permit any person to work, nor shall any person work in any establishment, who is affected with any communicable disease. It shall be the duty of all owners, proprietors, or managers to report to the health officer any person afflicted with, or reasonably suspected of being afflicted with, venereal disease, smallpox, diphtheria, scarlet fever, dysentery, measles, mumps, German measles, tuberculosis, typhoid fever, chickenpox or any other infectious or contagious disease, whereupon it shall be the duty of the health officer to examine or cause to be examined any such person afflicted with, or reasonably suspected of being afflicted with, any of the abovementioned diseases and said person shall no longer be permitted to work in any establishment where food is handled, prepared, sold or distributed. (Ord. 855 § 2, 1963; prior code § 15.27).
8.16.050 Employees – Description and list of duties required.
All owners, proprietors or managers of establishments shall keep an accurate and complete list of all persons employed, indicating the physical description of, and the duties performed by, each employee. A copy of the list shall be furnished to the health officer and shall be kept constantly up-to-date by said owner, proprietor or manager. (Ord. 855 § 2, 1963; prior code § 15.28).
8.16.060 Employees – Clothing requirements.
Persons employed in an establishment for serving, preparing or handling food for human consumption, or handling food utensils, shall wear uniforms, clothing or aprons which are made of washable material and kept clean at all times. (Ord. 855 § 2, 1963; prior code § 15.29).
8.16.070 Lighting, ventilation and plumbing.
Every establishment shall be properly lighted, drained, ventilated and provided with adequate plumbing and sanitary drainage, as provided by law. (Ord. 855 § 2, 1963; prior code § 15.30).
8.16.080 Floors, walls, ceilings and drainboards.
The floors of every establishment shall be smooth and cleanable, shall be of good quality nonabsorbent material and shall be kept in good repair and in a clean, sanitary condition at all times. The walls and ceilings shall be smooth, sound and cleanable and shall be kept painted with oil paint or other approved finishing material and maintained in good repair and in a clean and sanitary condition. In the proximity of sinks, mixers, stoves, ranges or other equipment where water, grease or other matter is likely to be splashed, walls shall be constructed of tile or other approved material to a sufficient height thoroughly to protect said walls; provided, the backs of stoves may be flashed with metal. Drainboards shall be made or constructed of metal, tile or approved substitutes. The use of wooden drainboards or wooden drainboards covered with metal is prohibited. Food preparation and utensil washing areas shall be painted with light-colored oil paint or enamel. (Ord. 855 § 2, 1963; prior code § 15.31).
8.16.090 Toilets and washrooms.
A. Floors of toilets and washrooms shall be of cement, tile laid in cement, or other nonabsorbent material. The interior area of a toilet room shall not be less than 18 square feet. No door or other opening from a toilet room shall open directly into a kitchen, dining room or other place where food is served, cooked, stored or prepared; an anteroom not less than 18 square feet in interior area, with a solid door and ventilated to the outer air, shall be provided between the toilet and the other rooms of the establishment. The entrance to an anteroom shall be not less than four feet from the entrance to the toilet room. Every establishment shall be equipped with a water flush toilet, hand basin with hot and cold running water, hand soap, toilet tissue and single-use hand towels, all of which shall be located conveniently close to rooms used for food handling purposes. Whenever three or more employees work in the kitchen of a restaurant, there shall be provided a hand basin equipped with hot and cold running water, hand soap and single-use hand towels in such kitchen. Toilet facilities for employees shall be located conveniently on the premises; where there are five or more employees, not all of whom are the same sex, separate toilet facilities shall be provided for each sex.
B. Any establishment serving beer or other alcoholic beverages shall have separate toilet and wash room facilities for male guests and female guests and said facilities shall otherwise comply with all other applicable laws, statutes and ordinances. (Ord. 855 § 2, 1963; prior code § 15.32).
8.16.100 Garbage cans and storage areas.
Every establishment shall be provided with garbage and trash cans with fly-tight covers, made of metal or other approved material, for disposal of vegetable trimmings, food scraps and other refuse. A sufficient number of cans shall be available to prevent overloading, and tight-fitting covers shall be kept in place at all times. Garbage and trash cans shall be maintained in a sanitary condition and in good repair, and shall be cleaned at such intervals as the department may direct. Garbage and trash cans placed outside of the establishment shall be located on smooth, washable concrete or some other foundation approved by the health officer. Where there is an excess of vegetable trimmings or other waste material subject to decomposition, a fly-tight screened room shall be constructed of screen wire of not less than 14 meshes to the inch and all such excess waste material shall be kept in said screened room until removal from the premises. Where screened rooms are provided, the lower three feet of wall space shall be constructed of a smooth, washable material in a workmanlike manner, and maintained in good repair. (Ord. 855 § 2, 1963; prior code § 15.33).
8.16.110 Sawdust prohibited – Exception.
No person shall use or permit to be used any sawdust or similar material on the floor of any room of an establishment, except that in butcher shops clean sawdust may be used on floors in a cooler or behind the counter. (Ord. 855 § 2, 1963; prior code § 15.34).
8.16.120 Living and sleeping quarters prohibited where.
Living and sleeping quarters shall be separated entirely with a solid partition from the establishment. No couch, cot, bed, bedding and/or articles used for living or sleeping purposes shall be maintained or kept in any room of the establishment where food is prepared, stored, served, or displayed. (Ord. 855 § 2, 1963; prior code § 15.35).
8.16.130 Locker rooms.
There shall be provided in all establishments a room or enclosure, separated from toilets or the food storage or preparation area, wherein employees may change and store outer garments; no person shall change or store clothes elsewhere in an establishment. (Ord. 855 § 2, 1963; prior code § 15.36).
8.16.140 Rodent, vermin or pest infestation deemed nuisance – Abatement procedure – Penalty for noncompliance.
The owner, operator or manager of every establishment shall take every precaution to keep the premises free and rid of rats, mice, roaches, ants and other vermin and pests. Whenever it shall appear to the health officer that any establishment is infested with rodents, vermin or pests, a written notice shall be given to the person owning, operating or managing the establishment that said infestation with rodents, vermin or pests constitutes a public nuisance and endangers the public health and safety, and that such infestation shall be abated within 30 days from the date of the written notice. Failure to comply with said written notice within 30 days shall constitute a violation of the provisions of this chapter, and the health officer shall suspend the permit summarily and close such establishment until said nuisance has been abated. (Ord. 855 § 2, 1963; prior code § 15.37).
8.16.150 Common drinking cups prohibited.
It is unlawful for any person conducting or having charge or control of any hotel, restaurant, saloon, soda fountain, theater, public hall, public or private school, church, hospital, club, office building, park, playground, lavatory or wash room, barber shop or any other public place, building, room or conveyance to provide or expose for common use, or permit to be so provided or exposed or to allow to be used in common, any cup, glass or other receptacle used for drinking purposes. (Ord. 855 § 2, 1963; prior code § 15.38).
8.16.160 Containers for drinking water.
No cask, water cooler or other receptacle shall be used for storing or supplying drinking water to the public or to employees unless it is covered and protected so as to prevent persons from dipping the water therefrom or from otherwise contaminating such water. All such containers shall be provided with a faucet or other approved device for drawing the water. (Ord. 855 § 2, 1963; prior code § 15.39).
8.16.170 Outdoor display of foods prohibited.
No food or food product, fruit or vegetable shall be displayed outside of any building or property line, or on any sidewalk, public street or highway, in any fruit stand or market. (Ord. 855 § 2, 1963; prior code § 15.40).
8.16.180 Keeping of foods subject to sun damage.
Deciduous fruits or other food subject to damage by the rays of the sun shall be kept at all times well inside of the building proper, and elevated not less than 18 inches above the floor level. (Ord. 855 § 2, 1963; prior code § 15.41).
8.16.190 Wrapping paper – Newspaper prohibited when.
No person shall use newspapers for wrapping fruits, vegetables or other food products unless such fruits, vegetables or other food first be wrapped in clean wrapping paper. (Ord. 855 § 2, 1963; prior code § 15.42).
8.16.200 Removal of surplus crates and boxes.
All surplus boxes, crates, lug boxes and similar containers in which fruits, vegetables and other products are delivered or received by an establishment shall be kept in a clean and sanitary condition and shall be removed from premises daily, unless some other removal interval is established by the health officer. (Ord. 855 § 2, 1963; prior code § 15.43).
8.16.210 Winery and cider mill regulations.
All wineries or cider mills where wine or cider is manufactured, processed or bottled shall:
A. Have properly drained cement floors and a properly installed sink with running water;
B. Wash and sterilize thoroughly all bottles, jugs or receptacles used for bottling wine or cider;
C. Use new corks or stoppers in all bottles, jugs or containers;
D. Dispose of all pulp by a method approved by the health officer;
E. Be equipped with a conveniently located water flush toilet in accordance with this code. (Ord. 855 § 2, 1963; prior code § 15.44).
8.16.220 Pre-prepared sandwiches.
As used in this section, a “pre-prepared sandwich” is a sandwich which is not intended for immediate consumption by the public. No person shall give away, trade or sell to the public within the city any pre-prepared sandwich unless such sandwich is made in conformity with the requirements of this section:
A. The sandwich shall be prepared and wrapped at an establishment having in force a health permit issued pursuant to this title. If prepared elsewhere, it must be prepared at a regularly inspected location approved by the director of public health.
B. The sandwich shall be clearly stamped or marked with the date of preparation and shall bear the name and address of the person or company that prepared it.
C. From the time of preparation until delivery or service to the retail customer, the sandwich shall be refrigerated and maintained at a temperature of 50 degrees Fahrenheit or lower, or the growth of pathogenic microorganisms inhibited by a method approved in writing by the director of public health.
D. Frozen pre-prepared sandwiches shall be frozen from the time of preparation until loaded for delivery to the retailer; thereafter, they shall be maintained at a temperature of not more than 42 degrees Fahrenheit until sold to the retail consumer. Frozen sandwich cartons shall show the date of preparation of the contents, and shall bear a legend reading: “KEEP FROZEN.”
E. No pre-prepared sandwich shall be given away, traded or sold more than 72 hours after its preparation except as provided in this chapter, unless such sandwich is frozen immediately after its preparation and kept frozen until loading for delivery to the retailer. Sandwiches so frozen may be loaded for delivery to the retailer within one year after preparation. If the delivery date is in excess of one year, such longer period must be approved in writing by the director of public health. (Ord. 954 § 1, 1965; Ord. 855 § 2, 1963; prior code § 15.45).
8.16.230 Bottling of fruit juices, beverages, honey or other foods.
All fruit juices, soft drinks, honey and/or other beverages, or foods, shall be bottled in a regularly inspected plant, and shall not be changed from one container to another except in said plant. (Ord. 855 § 2, 1963; prior code § 15.46).
8.16.240 Custards and pastry fillings – Manufacturing and storage restrictions.
All commercially prepared custards or cream fillings of pastries shall be prepared under the following conditions:
A. They shall be manufactured under conditions of cleanliness;
B. Only efficiently pasteurized Grade “A” milk or cream shall be used;
C. The minimum temperature and minimum time of heating the mix is the equivalent of a temperature of 140 degrees Fahrenheit for a period of one hour; provided, however, that other temperatures and times may be used when specifically approved by the health officer;
D. Upon completion of cooking, the custard shall be immediately transferred into properly covered, previously sterilized containers and chilled without delay to a temperature not higher than 50 degrees Fahrenheit;
E. Custards shall be kept in a cooling room until used in making pastries;
F. Filling apparatus shall be cleaned with hot water and sterilized brushes, or with a jet of live steam under pressure;
G. Filling apparatus shall be sterilized before use, either by boiling for 10 minutes, by steaming in a steam sterilizer for one hour, or by some other method approved by the health officer;
H. No pastries containing cream filling shall be displayed in windows or showcases unless chilled to and maintained at a temperature not higher than 50 degrees Fahrenheit;
I. Pastries containing custard filling shall not be sold from vehicles unless such vehicles are equipped with a refrigerated compartment maintaining a maximum temperature of 50 degrees Fahrenheit; provided, however, that pastries may be delivered from manufacturers to retail dealers or consumers, without continuous refrigeration, when it is possible to complete such delivery within two hours’ time. (Ord. 855 § 2, 1963; prior code § 15.47).
8.16.250 Special regulations for food handling establishments.
No person shall operate or maintain any establishment without complying with the regulations set forth in CVMC 8.16.260 through 8.16.310. (Ord. 855 § 2, 1963; prior code § 15.48).
8.16.260 Stoves and ranges – Ventilating hoods required.
All stoves, ranges, cooking kettles, doughnut kettles, ovens and hot plates shall be equipped with a metal hood (canopy) of a size at least six inches greater on each side than the cooking surface of such cooking device or devices. The hood shall be ventilated to the outside air by a separate ventilating flue not less than 12 inches in diameter for an ordinary stove, or of such larger diameter as the health officer may deem necessary for effective operation. Hoods and mechanical ventilation shall be installed to accomplish air circulation in accordance with standard ventilation tables maintained by the department.
Approved grease filters or grease baffles shall be installed at the inlet of the exhaust system. (Ord. 855 § 2, 1963; prior code § 15.48(A)).
8.16.270 Water supply and sinks.
All sinks of an establishment shall have an adequate supply of running hot and cold water of a safe, sanitary quality available at all times. All sinks shall be of metal or approved impervious material. Number and type of sinks shall be regulated by rules of the health officer approved by the city council. (Ord. 855 § 2, 1963; prior code § 15.48(B)).
8.16.280 Damaged dishes or utensils prohibited.
Dishes, glasses, drinking glasses or other utensils that are cracked, chipped or damaged shall not be used, and may be confiscated or destroyed at any time when necessary in the opinion of the health officer to protect the public health and safety. (Ord. 855 § 2, 1963; prior code § 15.48(C)).
8.16.290 Employees – Head covering required when.
Male and female persons engaged in cooking or food preparation shall wear an approved cap, hairnet or headdress to prevent the falling of hair into such foods. (Ord. 855 § 2, 1963; prior code § 15.48(D)).
8.16.300 Food storage containers.
No tin can, lard stand or other such container shall be used for the purpose of cooking, preparing or storing of foodstuffs. The health officer shall condemn and/or destroy all food held in storage contrary to the provisions of this section. (Ord. 855 § 2, 1963; prior code § 15.48(E)).
8.16.310 Screens required – Fly fan regulations.
All establishments where food is prepared, served or kept shall have wire screens at all outside openings for the purpose of excluding flies and other insects. All screen doors must be self-closing and outside doors shall open outwards only. All screening used in such places shall be not less than 14 meshes to the inch. Fly fans may be substituted for screen doors and when used shall be installed inside the building over the door opening so that the airflow is directed downward and outward. Fly fans shall produce an airflow with a minimum velocity of 750 feet per minute over the entire door opening, from the top thereof to a point three feet above the floor. (Ord. 855 § 2, 1963; prior code § 15.48(F)).
8.16.320 Milk – Method of serving.
Market milk and goat’s milk served by any establishment shall be served in the original bottle, the cap of which shall not be removed except in the presence of the consumer or patron; provided, however, that this section does not apply to market cream and does not prevent the use of milk-dispensing devices as authorized by this chapter. (Ord. 855 § 2, 1963; prior code § 15.50).
8.16.330 Milk-dispensing devices – Use restrictions.
Milk-dispensing devices approved for such use by the Director of Agriculture of the state of California may be used for dispensing homogenized milk, subject to the following regulations:
A. The milk-dispensing device and its operation shall comply with state laws and regulations, this code and all ordinances applicable thereto.
B. The milk-dispensing device shall be installed and located in a place and manner acceptable to the health officer.
C. Milk-dispensing devices are permitted only in eating establishments and only in those rooms or places in such establishments where food is served and eaten by the consumer, or where food is prepared for service and such preparation is conducted within view of the consumer.
D. All milk-dispensing devices shall be displayed openly to the public.
E. A milk-dispensing device shall be operated only by persons regularly employed by the establishment in which the dispensing device is located. The operation of a self-service milk-dispensing device is prohibited, unless such operation is specifically approved by the health officer.
F. The name of the dairy or distributor supplying milk for the milk-dispensing device, together with the grade of the milk dispensed, shall be plainly labeled on such device in a location approved by the health officer.
G. The day of delivery of the milk shall be plainly indicated on the milk container used in the milk-dispensing device.
H. No milk shall be dispensed from such device more than 120 hours from the date of delivery of such milk to the establishment.
I. The minimum serving from such milk-dispensing device shall be eight ounces.
J. The milk dispensed from such dispensing device shall, at the time of delivery to the final consumer, meet the bacteriological standards for graded market milk.
K. The milk-dispensing device, including the milk container and all other appliances used in connection with such device, shall be maintained in a sanitary condition at all times. (Ord. 855 § 2, 1963; prior code § 15.51).
8.16.340 Malted milk and other milk drinks – Manufacture and serving regulations.
No person shall operate or maintain an establishment serving malted milk, malted skim milk or other milk drink without complying with the following regulations:
A. Malted milk shall be a mixture of Grade A raw or pasteurized milk, containing not less than three and three-tenths percent of milk fat, with malted milk and flavoring substances, and either ice cream containing not less than 10 percent of milk fat or ice milk containing not less than four percent of milk fat. All ice cream or ice milk shall conform to the provisions of the Agricultural Code of the state of California. It is unlawful to prepare, serve, sell or distribute in an establishment any malted milk unless made of Grade A raw or pasteurized whole milk, which milk either has been poured from the original standard container from which the cap has been removed in the presence of the customer or patron, the contents of said container containing no more than the individual requirements of the customer at the time of service, or poured from a standard milk bottle, the maximum content of which does not exceed one quart and which has attached a metal top designed to cover the pouring lip, which top must be approved by the health officer and sterilized as soon as said bottle is empty; provided, however, this subsection shall not prohibit the use of a milk-dispensing device in accordance with CVMC 8.16.330.
B. Milk shakes and other milk drinks served or prepared with the addition of flavoring substances or other ingredients added thereto shall be prepared from whole milk or skim milk which has met the required standards of Grade A pasteurized milk.
C. Malted skim milk is a mixture of skim milk with malted milk and flavoring substance and ice cream or ice milk containing not less than four percent of milk fat. Skim milk used in an establishment where skim malted milk is prepared, served or distributed shall meet the standards required for Grade A pasteurized milk and shall be pasteurized and bottled in standard milk bottles in an approved pasteurizing and bottling plant. The bacterial count of skim milk shall not exceed the minimum standard for Grade A pasteurized milk.
D. The establishment shall display a sign, in legible lettering at least four inches high, which shall state that malted milk or malted skim milk is served. (Ord. 855 § 2, 1963; prior code § 15.52).