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HomeMy WebLinkAboutOrd. No. 1978-576,~ ~ `-- ORDINANCE N0. 576 AN ORDINANCE OF THE CITY OF LAKE ELSINORE REGULATING FOOD HANDLERS AND. REPEALING ORDINANCE N0. 395 AND CHAPTER 8.08 OF THE MUNICIPAL CODE AND ENACTING A NEW CHAPTER 8.08 - OF THE MUNICIPAL'CODE -The City Council of the City. of Lake Elsinore, do ordain as follows: SECTION 1, Ordinance No. 395 and Chapter 8.08 of the°Municipal Code of the City of Elsinore is hereby repealed -, and anew chapter 8.08 of .the Municipal Code is hereby enacted. to read as follows. CHAPTER 8.08 REGULATING FORD HANDLERS Sections: 8.08.010, 8.08.020., 8.08.030, 8.08.0+0, 8.08.050, 8.08.00'0, 8.08.070, 8.08.080, 8.08.090, 8.08..100, 8.08.110, 8.08.120, PURPOSE AND INTENT. DEFINITIONS.. FOOD WORKER"'S CERTIFICATE REQUIRED. E)CEMPTI ON . APPLICATION FOR FOOD Tr70RKER'S CERTIPIC QUALIFICATIONS FOR FOOD WORKER'S CERTI ISSUANCE OF FOOD WORKER'S CERTIFICATE. DUPLICATE FOOD WORKER'S CERTIFICATE. REVOCATION OF FOOD WORKER'S CERTIFICAT APPEAL. DISPLAY OF FOOD WORKER'S CERTIFICATE. VIOLATION. -1- TE. '. _. ,~ ~ - r~. f, ..t a ,. i`. i 8.08.010. PURPOSE AND INTENT. It is the .purpose and -, intent<of this ordinance to prevent the spread of infectious disease -and to attain.a uniform standard by,requiring all food handlers in the City of Lake Elsinore to: demonstrate through process of examination that they possess an adequate knowledge of the sanitary principles and practices within the food industry. 8.08.020. DEFINITIONS. As used in this ordinance, the following words and phrases shall have the following meanings: (a) "Food Worker's. Certificate" shall mean a statement issued by the Health Officer certifying that a ','person is free from active communicable tuberculosis in a manner acceptable to said Health Officer, and has satis- ,- factorily demonstrated .his or her competency in food sanita- tion principles and practices. {b) "Food Worker's Nanual" shall mean 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. (c) "Health Officer" shall mean the Health Officer of he County. of Riverside, or his designated representative.` 8.08.030. .FOOD WORKER'S CERTIFICATE'REQUIRED. Nor 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 I -' human consumption or the handling of any dishes or other articles _2_ .~~ ,. . °. used in the preparation or service of food or drink for human con- sumption, who does not hold or produce a Food Worker's Certificate as required by this ordinance 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 who does not hold and produce a Food Worker's Certificate as required by this ordi- nance or any person known or reasonably believed to be infected with active communicable tuberculosis. 8.0$.040. .EXEMPTION.. 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 reli- gious, charitable or public service organizations, including fraternal organizations, veterans' organizations, established youth organizations, parent-teacher associations, or students in public 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 e;cempt from the provisions of .Section 8.08.030 of this ordinance. 8.08.050. APPLICATION FOR FOOD WORKER'S CERTIFICATE. (a) Any person who is engaged or intends to engage in an occupation or employment for which a Food Worker's Certifi- cate is .required by Section 8.08.030 of this ordinance shall file with the Health Officer an application for such certificate or a renewal therof in such form as the. Health Officer may require, which application shall be accompanied by a nonrefundable fee of X5.00; provided, however, students 16 years of age or olde r -3- . ~ °> .:. .. ,. _. c : ~' ,, engaged in school food operations are exempted from such fee. (b.) Such application must be accompanied by a signed statement of a physician duly authorized to practice medicine in-the State of California, or a report from an organiza- tion acceptable o the Health Officer, showing that the applicant is free of active communicable tuberculosis. 'Said statement or report shall show `that within six months of the date of applica- tion the applicant has received either: (1)-a'normal chest X-ray which shows the applicant to be free of active'.communicable' tuberculosis, or (2) an intradermal Mantoux test, the result of which was negative. The statement or report must show that 'in the Mantoux test no less than 5 tuberculin units, which is the ::equivalent of .0001 milligrams intermediate PPD, or one to two i thousand solution 'of old tuberculin freshly prepared, have been used. Induration of six or more millimeters will be construed as a positive skin test. All positive skin test reactors to the Mantoux test will be required to obtain a chest X-ray. .Said statement or report shall bear a date not more .than six months before the `date of application. (c) A valid certificate of health, indicating that the applicant is -free .from active .communicable tuberculosis, issued by any regular constituted public health agency and bearing a-date of issuance, may be accepted by the Health Officer, in lieu of the statement or report as required in Subsection (b) of this Section during its period of validity, not to exceed one year from the date of its issuance. -~- ~ ~ -m--~--r ~-.~ .~ _ _ j r ~ . a ` ~~.z' ~ j ,. - . ,... ~~~' 8.08.060. QUALIFICATIONS FOR FOOD WORKER'S CERTIFICATE. ;_ To qualify for the issuance or .renewal of a Food Worker's Certif- icate required by Section $.08.030 of this ordinance, 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 property 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 pro- cedures 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. 8.08.070. ISSUANCE OF FOOD WORKER'S CERTIFICATE. When qualified pursuant to Section 8.08.060 of this ordinance, the applicant shall be issued a Food Glorker.`s Certificate containing the following information: certificate number, name, home address, expiration date. and attesting signature. Such certifi- cafe shall expire one year after the date it was issued. Any person whose health, in the opinion of the Health Officer, re- quires further investigation may be issued a temporary Food. Handler`s Certificate at the discretion of the Health Officer fo.r a period not to exceed 3 months, during which time such ~- investigation shall be carried out to determine whether or not active communicable tuberculosis is present. -5- - ; - ,,, ~ - _ ~~:- r . ., .. 8.08.080. DUPLICATE FOOD WORKER'S CERTIFICATE. I A`duplicate Food Worker's Certificate, for good cause, may be issued by the Health Officer for a fee of $1.00. 8.08.090.. REVOCATION OF FOOD WORKER'S CERTIFICATE. The-Food Worker's Certificate may be revoked by the Health Officer upon evidence indicating repeated or continuing viola- tions 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. t 8.08.100. APPEAL. 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. with 10 days after the date of such dental or revocation, a written Notice of Appeal briefly setting forth -the :reasons why such denial or revocation is not proper. The Clerk shall give notice of -, the time and place of the hearing to the appellant. Such 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. -~ 8.08.110. DISPLAY OF FOOD WORKER'S CERTIFICATE. Any person required to have a Food Worker's Certificate shall immediately submit such certificate to his or her .employer. It _6_ ,, :: of all such persons employed or engaged therein, and to display therewith a current list of sll such persons therein engaged or employed .for comparison with such certificates. of employment, each unexpired certificate shall the holder. 8.0&.120. VIOLATION. Any person violating the provisions of this ordinance shall be quilty and upon conviction thereof shall be punished by Upon termination ~e returned to any of of an infraction (1) a fine not exceeding $50..00 for the first violation; (2) a fine not exceeding $lOQ.00 for the second violation within l year; (3) a fine not exceeding $250.00 .for each additional violation within 1 year. Each -day such violation is committed or permitted to continue shall constitute a separate offense. SECTION 2, This ordinance shall be published in the manner prescribed by law and shall go into effect 30 days after adoption. ADOPTED this 14th day of February, 1978 and signed by the Mayor and attested to by the City Clerk. CITY OF~,A~£;; ELSINORE, CALIFOf?i1IA ATTEST: ~.~ / .<~t r ~ `yJ--ten c / <' ~. CITY CLERK -7- .. >,~ ;. ~. > r.. ..