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HomeMy WebLinkAboutCC ORD 1975-1490 Deletes and adds Ord. 1067 §§ 61.201—61.210, food handling provisions (9.04)1490 ORDINANCE NO. 1490 AN ORDINANCE OF THE CITY OF NATIONA The City Council of the City of National City, California, does ORDAIN as follows: Section I. That all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 2. That Sections 61.201 through 61.210 of Ordinance No. 1067, which adopts by reference San Diego County Ordinance No. 2443, are hereby deleted. Sectio 3. 01 through n61.210 haare t new hereby �oadded ns 2to Ordinance No. 1067 to read as follows: SECTION 61.201. FOOD HANDLER. For the purpose of this ordinance, the term "FOOD HANDLER" shall mean any person engaged or employed in a business, occupation, or establishment for which a permit is required by Section 61.110 of this ordinance who handles food in such manner that some portion of his clothing or body or body discharge might come in contact with such food or with the utensils used in connection therewith. SECTION 61.202. DIRECTOR. For the purpose of this ordinance, the term "DIRECTOR" shall mean the Director of Building and Housing or his duly ap- pointed deputy or representative. SECTION 61.203. DEPARTMENT for the purpose of this ordinance, the term "DEPARTMENT" shall mean the De- partment of Building and Housing. HANDLER REQUIREDNTO 61.204.TOAUOTOHOR Z TIION No person shall act or be engaged as a food handler unless such person holds an authorization to act or be engaged as a food handler issued by the Depart- ment or by such other qualified person or agency as may be designated by the Director to issue such authorizations on forms approved by the Director. No authorization issued pursuant to this section shall be valid for more than four (4) years from the date of issuance thereof. A "Food Handler Registration Card", issued by the Department within the four (4) years immediately pre- ceding the effective date of this chapter, and not revoked, shall be deemed to be an authorization within the meaning of this section. The provisions of this section shall not apply to persons engaged or em- ployed in: (a) The production, harvesting or packaging of fruits or vegetables either in the fields or in packing houses. (b) Drying or dehydrating fruits or vegetables on the premises where such fruits or vegetables are pro- duced. (c) The production, slaughtering, packaging distributions, or sale of poultry or poultry products. (d) The production, harvesting, packag- ing, or sole of fruits or vegetables on the premises where such fruits or vegetables are produced. (e) A retail food production or market- ing establishment as defined in Section 28802 of the California Health and Safety Code. SECTION 5 EMPLOYMENT OF FOOD HANDLERS..No person who owns or operates a business, occupation or establishment for which a permit is required by this ordinance shall employ, permit or authorize any person to act or be engaged as a food handler in ORDINANCE NO. 1067 RELATING TO THE PL CITY, RE ARATIONL OF FOOD, AND REPEALING ALL ORDINANCES AND PARTS CONFLICT THEREWITH said business, occupation or establish- ment unless such person has an authorization to act as a food handler as provided in Section 61.204 unless such person is exempt from the require- ment to hold and carry such authoriza- tion pursuant to Section 61.204. SECTION 61.206. TESTING FOR TUBERCULOSIS. Any person required by Section 61.204 to have and carry an authorization to act as a food handler shall submit to an intradremal tuber- culin skin test or an x-ray, as ap- propriate, performed by a qualified person or agency as may be designated by the Director. Such intradermal tuber- culin skin test or x-ray shall be re- peated every four years. SECTION . TRANSMISSIBLE DISEASE No person who has contracted or is afflicted with a disease or infec- tion determined by the Director to be a danger to public health transmissible either directly or through food or drink to other persons, or who is known or suspected to be a carrier of organisms causing such disease, or who has come in contact with any person afflicted with such communicable disease or infection, shall act or be engaged or employed as a food handler. SECTION 61.208. TRANSMISSIBLE DISEASE — MEDICAL EXAMINATION — EXCLUSION. Whenever information that the possibility of transmission of disease determined by the Director to be a danger to public health exists in a food handler or in any business, occupa- tion or establishment for which a permit is required by this ordinance is pre- sented to the Director, he shall investi- gate conditions and take appropriate cation, The Director may, after investi- gation, and for reasonable cause, re- quire any of the following measures to be taken: (a) The immediate exclusion by the Director of any food handler from the affected business, or establish- ment. (b) The immediate closing of any af- fected business or establishment until, in the opinion of the Di- rector, no further danger of the outbreak of disease exists. (c) Medical examination of the owner, employee, and his co -employees, with such laboratory examination as may be indicated; or should such examination or examinations be refused, then the immediate exclu- sion of the refusing owner, employee or co -employee from that or any other food establishment operation, until a medical or laboratory examination shows that the person is not infected with, or a carrier of, any such disease in a. communicable form. SECTION 61.209. RETESTING OR EXAMINATION —SUSPENSION OF FOOD HANDLER AUTHORIZATION —APPEAL. Whenever the Director has reasons to suspect that a person holding an authorization to act as a food handler hos contracted tuberculosis or any transmissible disease determined by the Director to be a danger to public health, the Director may require such person to resubmit to the tests specified in Section 61.206, or such other exam- ination as the Director may require. In any such case, the Director may suspend the authorization to act as a food handler until said person has sub- IFORNIA AMENDING AND DISTRIBUTION OF ORDINANCES IN mitted to said tests of such other examination as the Director may require. After such test or examination the Director shall reinstate the authoriza- tion to act as a food handler of any such person found to be free of trans- missible disease. The Director shall either continue the suspension of, or revoke, the authorization to act as a food handler of any person found to be afflicted with a transmissible disease. The Director may require that any suspended or revoked authorization to act as a food handler be surrendered to the Director. Any person whose authorization to act as a food handler is suspended or revoked pursuant to this Section may appeal such suspension or revocation pursuant to this section. Such appeal shall be done in accordance with the procedures established in Sections 61.126 and 61.127 of this ordinance. SECTION 61.210. FEES. The City of Notional City shall not be liable for any fee or charge made for any test, x-ray, or examination required by this ordinance. PASSED AND ADOPTED this 23rd day of December, 1975. S/KILE MORGAN ATTEST: Mayor S/IONE MINOGUE CAMPBELL CitClerk Passed and adopted by the Council of the City of National City, California, on December 23, 1975 by the following vote, to -wit: Ayes: Councilmen Camacho, Della, Pinson, Reid, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California IONE MINOGUE CAMPBELL City Clerk of the City of Notional , I HEREBY CERTIFY that thelifornia foe - going ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on December 16, 1975 and on December 23, 1975. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not Tess than a majority of the members elected to the Council, and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDI AE NO. 1490 of the 1T' N . ion City, passed and adopted y e Co pcil of said City on fmber , 1975. / S/IONE MINOGUE MPBELL City Clerk of City of National City, California I r ER BY CERTIFY that the en published accordin (Seal) City Clerk of e City of National Cit California