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ordinance are hereby repealed.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