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ORDINANCE NO. 1964
<br />AN ORDINANCE OF '1'111{ COUNTY OF SAN BERNARDINO, STATE
<br />OF CALIFORNIA, ADDING CHAP'T'ER 6 TO DIVISION 4,
<br />TITLE 3, AND AMENDING SECTION 16.021311 OF THE SAN
<br />BFRNARDINO COUNTY CODE, PROVIDING FOR THE
<br />CERTIFICATION OF WORKER C'OMPETE.NCY IN FOOD
<br />INDUSTRY SANITARY PROC'FDURP:S.
<br />The Board of Supervisors of the County of San Bernardino, State of
<br />California does ordain as follows:
<br />SECTION 1. The San Bernardino County Code is hereby amended
<br />by the addition of Chapter 6 to Division 4, 'Title 3, containing Sections
<br />34.061 through 34.0617 inclusive, which shall read as follows:
<br />CHAPTER 6
<br />CERTIFICATION OF WORKER COMPETENCY
<br />IN FOOD INDUSTRY SANITARY PROCEDURES
<br />Sections:
<br />34.061
<br />Intent.
<br />34.062
<br />Definitions.
<br />34.063
<br />Persons Affected.
<br />34.064
<br />Exemption.
<br />34.065
<br />Fees.
<br />34.066
<br />Fee Exemptions.
<br />34.067
<br />Application for Certification.
<br />34.068
<br />Requirements for Issuance
<br />of Certificates.
<br />34.069
<br />Issuance of Certificate.
<br />34.0610
<br />Certificate Information
<br />34.0611
<br />Expiration.
<br />34.0612
<br />Duplicate Certificate.
<br />34.0613
<br />Revocation of Certificate.
<br />34.0614
<br />Right of Appeal.
<br />34.0615
<br />Food Advisory Committee.
<br />.4.0616
<br />Display of Certificate.
<br />,14.0617
<br />Penalty.
<br />34.061 Intent.
<br />N is the intent of the 4ttovisions of this chapter (o prevent the spread
<br />of infectious diseases in attain a uniform sanitary standard in the
<br />County by requiring all food industry workers to demonstrate through
<br />the process of an examination that they possess an adequate knowledge
<br />of the sanitary principles and practices involved within the food industry.
<br />34.062 Definitions.
<br />(a) DEPARTMENT. The term "Department" shall mean the San
<br />Bernardino County Department of Environmental Health Services.
<br />(b) DIRECTOR. The term "Director" shall mean the Director of
<br />the Department of Environmental Health Services.
<br />(c) FOOD WORKER'S MANUAL. The term "Food Worker's
<br />Manual" shall mean a manual, prepared and distributed to food industry
<br />workers by the Department, that describes acceptable procedures and
<br />practices of sanitation as it pertains to the food retail and food service
<br />industry.
<br />(d) FOOL) WORKER'S CERTIFICATE. The term "Food Worker's
<br />Certificate" or "certificate" shall mean a statement issued by the
<br />Department certifying that a person has satisfactorily demonstrated his
<br />competency in food - sanitation principles and practices.
<br />34.063 Persons Affected.
<br />No person shall engage or serve in, or seek employment at any
<br />hospital, convalescent hospital, rest home, institutional - care facility,
<br />restaurant, food - handling place, market, food - processing plant, milk -
<br />processing plant, or other employment which requires or occasions the
<br />preparation, service, distribution, sale, or handling of any food or liquid
<br />or material intended for food or drink for human consumption, or the
<br />handling of any dishes or other articles used in the preparation, service,
<br />distribution, or sale of food or drink for human consumption, who does
<br />not hold and produce it certificate as required by this chapter. No owner,
<br />manager, or agent of such owner, or person in charge of any
<br />establishment or business shall retain in the employ thereof for the
<br />performance of such services, for it longer period than two (2) weeks, any
<br />person who does not hold and produce a certificate as required by this
<br />chapter.
<br />34.064 F.xeniption.
<br />The requirement for certification shall not apply to domestic or
<br />household work or to nonsupervisory personnel of temporary, occasional,
<br />or itermittent functions of bona fide religious, charitable, or public
<br />service organizations, including fraternal organizations, veterans'
<br />organizations, established youth organizations, parent - teacher
<br />associations, and civic or community organizations or groups, the primary
<br />purpose of which is the betterment of the cultural, social, or economic
<br />welfare and environment of the community. The certificate, as provided
<br />in this chapter, may he applied for by, and issued to, persons other than
<br />those described in Section 34.063, but such certification shall not be
<br />required by this chapter of any persons not so described.
<br />34.065 Fees.
<br />(a) No fee shall he charged :my employee of establishments,
<br />businesses or functions that are affected by this chapter. Employees or
<br />persons of those establishments, businesses and f'uiictions that are
<br />exempted from the requirements of this chapter shall obtain Food
<br />Worker's Certificates after satisfactory examination for competency and
<br />payment of the certificate - only fee.
<br />(h) Fees shall be those found in Section 16.0211 of the County
<br />Code and shall he determined by the total number of employees of those
<br />establishments or businesses as described in Section 34.063 (Persons
<br />Affected) of this chapter.
<br />34.066 Fee Exemptions.
<br />Fees shall not be charged to the following: (a) Food establishments
<br />supported by Federal, State, County or municipal funds. (b) Food
<br />establishments and businesses that have a food worker's training program
<br />covering those subjects included in the Food Worker's Manual that is
<br />acceptable in content and procedure to the Director and is so certified by
<br />him as being acceptable.
<br />34.067 Application for Certification.
<br />Each person who is engaged or intends to engage in an occupation or
<br />employment, in which a certification is required by Section 34.063 of
<br />this chapter shall, before or within two (2) weeks after he begins such
<br />work, file with the Department an application for a certificate in such
<br />form as may be required.
<br />34.068 Requirements for Issuance of Certificates.
<br />(a) A copy of the latest edition of the Food Worker's Manual, as
<br />prepared by the Department, shall be made available by the Department
<br />to those persons applying for a certificate or renewal of certificate.
<br />(b) The Department shall provide a training center located at least
<br />at the following district offices: San Bernardino, Ontario, Redlands,
<br />Barstow, Fontana, Victorville, Yucca Valley, Big Bear and Needles. The
<br />training center shall be developed to prepare the worker, in conjunction
<br />with the Food Worker's Manual, to be examined for competency as
<br />described in subsection (c).
<br />(c) In order to qualify for issuance of a certificate or renewal of a
<br />certificate, the applicant shall demonstrate his knowledge of elementary,
<br />acceptable practices in the sanitary preparation, service, storage,
<br />distribution and sale of food and beverages, and the proper sanitation of
<br />equipment and facilities. Such demonstration of knowledge shall be by
<br />satisfactorily completing an examination conducted by the Director or
<br />his authorized representative, on such subjects, based on the practices and
<br />procedures set forth in the Food Worker's Manual.
<br />34.069 Issuance of Certificate.
<br />If the Director determines from an examination that the applicant is
<br />competent in food - sanitation principles and practices, he shall
<br />immediately issue a Food Worker's Certificate.
<br />34.0610 Certificate Information.
<br />The certificate shall contain at least the following information:
<br />(a) Certificate number, (b) signature of worker, (c) occupation, (d) home
<br />address, (e) the statement "THIS CERTIFIES THAT
<br />has satisfied the requirements of Title 3,
<br />Division 4, Chapter 6, Section 34.063, San Bernardino County Code and
<br />the Department of Environmental Health Services and is deemed
<br />competent in sanitary food procedures.", (f) manual chapters covered in
<br />test, (g) certificate expiration date, and (h) signature of the Director. On
<br />the reverse side of the certificate there shall be noted the following:
<br />Note: This certificate is valid only to the employee whose signature
<br />appears on the reverse side. This certificate shall be kept on the person of
<br />the food worker and shown upon request to a sanitarian, health officer,
<br />inspector, or deputy. A copy of this certificate shall also be filed at the
<br />place of employment.
<br />34.0611 Expiration.
<br />A Food Worker's Certificate shall expire two (2) years after the date
<br />it was issued.
<br />34.0612 Duplicate Certificate.
<br />The Director, for good cause, may issue duplicate certificates upon
<br />payment of a duplicate - certificate fee.
<br />34.0613 Revocation of Certificate.
<br />The Food Worker's Certificate may be revoked by the Director upon
<br />(a) evidence indicating repeated or continuing violations of accepted
<br />procedures and practices in the preparation, service, storage, distribution
<br />or sale of food or beverage offered for public purchase and consumption,
<br />(b) demonstration of the presence of a communicable disease in the
<br />infectious stage, or an infectious condition of potential hazard to the
<br />public or to the person's co-workers, or (c) evidence indicating
<br />falsification of information required for issuance of the certificate.
<br />34.0614 Right of Appeal.
<br />Any food worker whose certificate has been revoked may appeal to
<br />the Department for review of the findings. Such appeal must be in writing
<br />and must be filed with the Director within ten (10) days of revocation of
<br />the Food Worker's Certificate. While such appeal is pending, the
<br />revocation of the Food Worker's Certificate shall be stayed until such
<br />time as the Director has reviewed the findings and entered his decision,
<br />except where there is imminent danger which may result in the spread of
<br />infectious disease to the public or to the worker's co-workers.
<br />34.0615 Food Advisory Committee.
<br />To assist and advise the Department and the Board of Supervisors in
<br />carrying out the intent of this program, the Department, subject to
<br />approval by the Board of Supervisors, shall appoint a Food Advisory
<br />Committee, consisting of representatives from at least the following
<br />agencies:
<br />(a) County government ............................... 3
<br />b) High School Educator ............................. 1
<br />c) Junior College Educator ............................ 1
<br />d) Food Service Industry 3
<br />e) Retail Food Sales ................................. 2
<br />f) Southern California
<br />Restaurant Association ............................. 1
<br />(g) Food Service
<br />Executive Association ............................. 1
<br />(h) Supermarket Institute ............................. I
<br />(i) Culinary Union .................................. I
<br />)) Grocers' Union . 1
<br />(k) Milk Plant ....................................... 1
<br />(1) Butchers' Union ♦ ...... • ........................ . • I
<br />m) Person -at -large • I
<br />34.0616 Display of Certificate.
<br />Each person required to have a certificate shall immediately submit
<br />a copy to the employer of such person. It shall be the duty of every
<br />employer to keep on continuous display at the place of employment a
<br />copy of the certificate of all such persons there engaged or employed, for
<br />comparison with the displayed certificates. Upon termination of
<br />employment, each unexpired copy of the certificate shall be returned to
<br />the holder.
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