Chapter 8.28
FOOD HANDLERS
Sections:
8.28.010 Purpose of provisions.
8.28.030 Persons with tuberculosis—Employment restrictions.
8.28.040 Certificate—Required.
8.28.050 Uncertified workers prohibited.
8.28.070 Certificate—Application.
8.28.080 Certificate—Qualifications.
8.28.090 Certificate—Issuance.
8.28.100 Certificate—Duplicates.
8.28.110 Certificate—Revocation.
8.28.010 Purpose of provisions.
It is the purpose and intent of this chapter to prevent the spread of infectious disease and to attain a uniform standard by requiring all food handlers in the city to demonstrate through process of examination that they possess an adequate knowledge of the sanitary principles and practices within the food industry. (Prior code § 8.08.010)
8.28.020 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings:
“Food worker’s certificate” means a statement issued by the health officer certifying that a person is free from active communicable tuberculosis in a manner acceptable to the health officer, and has satisfactorily demonstrated his or her competency in food sanitation principles and practices.
“Food worker’s manual” means the manual prepared and distributed to food handlers by the health officer that describes acceptable procedures and sanitary practices as it pertains to the retail food service industry.
“Health officer” means the health officer of the county of Riverside, or his or her designated representative. (Prior code § 8.08.020)
8.28.030 Persons with tuberculosis—Employment restrictions.
No person who knows he or she is infected with active communicable tuberculosis shall engage, serve or seek employment in any work, occupation or employment which requires or occasions the handling of any food, liquid or material intended for food or drink for human consumption or the handling of any dishes or other articles used in the preparation or service of food or drink for human consumption. (Prior code § 8.08.030)
8.28.040 Certificate—Required.
No person shall engage or serve or seek employment in any work, occupation or employment which requires or occasions the handling of any food, liquid or material intended for food or drink for human consumption or the handling of any dishes or other articles used in the preparation or service of food or drink for human consumption, who does not hold or produce a food worker’s certificate as required by this chapter or knows or reasonably believes that he or she is infected with active communicable tuberculosis, and no owner, manager or agent of such owner, or person in charge of any establishment or business shall retain in the employ thereof for the performance of such service, any person who does not hold and produce a food worker’s certificate as required by this chapter or any person known or reasonably believed to be infected with active communicable tuberculosis. (Prior code § 8.08-040)
8.28.050 Uncertified workers prohibited.
No owner, manager or agent of such owner or person in charge of any establishment or business shall retain in the employ thereof for the performance of any services mentioned in Section 8.28.030 of this chapter, for a longer period than three weeks any person who does not hold and produce a health certificate as required by this chapter or for any period whatsoever any person known or reasonably believed to be infected with active communicable tuberculosis. (Prior code § 8.08.050)
8.28.060 Exemptions.
Any person who engages or serves or seeks employment relating to domestic or household work or to temporary, occasional or intermittent functions of bona fide religious, charitable or public service organizations, including fraternal organizations, veterans’ organizations, established youth organizations, parent-teacher associations, or students in public or private schools under the age of sixteen (16) engaged in school food operations, and civic or community organizations or groups, the primary purpose of which is the betterment of the cultural, social or economic welfare and environment of the community, shall be exempt from the provisions of Section 8.28.040 of this chapter. (Prior code § 8.08.060)
8.28.070 Certificate—Application.
Any person who is engaged or intends to engage in an occupation or employment for which a food worker’s certificate is required by Section 8.28.040 of this chapter shall file with the health officer an application for such certificate or a renewal thereof in such form as the health officer may require, which application shall be accompanied by a nonrefundable fee of five dollars ($5.00); provided, however, students sixteen (16) years of age or older engaged in school food operations are exempted from such fee. (Prior code § 8.08.070)
8.28.080 Certificate—Qualifications.
To qualify for the issuance or renewal of a food worker’s certificate required by Section 8.28.040 of this chapter, the applicant shall be certified to be free from active communicable tuberculosis and shall have demonstrated his or her knowledge of acceptable practices in the sanitary preparation, service, storage, distribution and sale of food and beverages and the proper sanitation of equipment and facilities. Such demonstration of knowledge shall be by satisfactorily passing an examination conducted by the health officer on such subjects, based on the practices and procedures set forth in the food worker’s manual. A copy of the latest edition of said manual shall be made available by the health officer to those persons applying for a food worker’s certificate or renewal thereof. (Prior code § 8.08.080)
8.28.090 Certificate—Issuance.
A. When qualified pursuant to Section 8.28.080 of this chapter, the applicant shall be issued a food worker’s certificate containing the following information: certificate number, name, home address, expiration date and attesting signature. Such certificate shall expire one year after the date it was issued.
B. Any person whose health, in the opinion of the health officer, requires further investigation may be issued a temporary food handler’s certificate at the discretion of the health officer for a period not to exceed three months, during which time such investigation shall be carried out to determine whether or not active communicable tuberculosis is present. (Prior code § 8.08.090)
8.28.100 Certificate—Duplicates.
A duplicate food worker’s certificate, for good cause may be issued by the health officer for a fee of one dollar ($1.00). (Prior code § 8.08.100)
8.28.110 Certificate—Revocation.
The food worker’s certificate may be revoked by the health officer upon evidence indicating repeated or continuing violations of accepted practices and procedures in the preparation, service, storage, distribution or sale of food or beverages, or upon evidence indicating falsification of information required for issuance of such certificate, or an infectious condition creating a hazard to the public or co-workers. (Prior code § 8.08.110)
8.28.120 Appeals.
A. Any person who has an application for a food worker’s certificate denied by the health officer or who has had such a certificate revoked by the health officer, may appeal such denial or revocation by filing with the city clerk within ten (10) days after the date of such denial or revocation, a written notice of appeal briefly setting forth the reasons why such denial or revocation is not proper. The city clerk shall give notice of the time and place of the hearing to the appellant.
B. The appeal shall be heard by the city council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. (Prior code § 8.08.120)
8.28.130 Certificate—Display.
Any person required to have a food worker’s certificate shall immediately submit the certificate to his or her employer. It is the duty of every employer to keep on continuous display at the place of employment the food worker’s certificates of all persons employed or engaged therein, and to display therewith a current list of all persons engaged or employed for comparison with the certificates. Upon termination of employment, each unexpired certificate shall be returned to the holder. (Prior code § 8.08.130)
8.28.140 Violation—Penalty.
A. Any person violating any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punishable by:
1. A fine not exceeding fifty dollars ($50.00) for the first violation;
2. A fine not exceeding one hundred dollars ($100.00) for the second violation within one year;
3. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation within one year.
B. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Prior code § 8.08.140)