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Resolution No. 72501 RESOLUTION NO, 7250 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 3 OF VERNON APPROVING REGULATIONS FOR THE CITY OF VERNON FOOD HANDLER TRAINING AND 4 CERTIFICATION PROGRAM 5 WHEREAS, pursuant to Section 13.7 of the Vernon City 6 Code, the Environmental Health Department issues health permits to 7 restaurants and other food -related businesses; and 8 WHEREAS, Section 13.22 of the Vernon City Code provides 9 that the Health Officer is authorized to adopt reasonable rules 10 and regulations governing those businesses and vehicles specified 11 in Section 13.7, provided that such rules and regulations shall be 12 effective only after approval by the City Council; and 13 WHEREAS, this year, the state Legislature adopted AB 14 1978, which amends the California Uniform Retail Food Facilities 15 Law (Health and Safety Code S 113700 et sec.), to require, among 16 other things, that all food facilities, as defined, employ at 17 least one person who has passed an approved and accredited food 18 safety certification examination no later than January 1, 2000, 19 and further requires enforcement agencies to notify food 20 facilities of the provisions of AB 1978 by March 1, 1999; and 21 WHEREAS, AB 1978 provides that local agencies which have 22 a food safety program in effect prior to January 1, 1999, that 23 requires training or a certification examination, or both, shall 24 be deemed to satisfy the requirements of AB 1978 until January 1, 25 2001, at which time such program must fully conform with the 26 requirements of AB 1978; and 27 WHEREAS, AB 1978 further provides that on and after 28 January 1, 1999, a food safety program that was not in effect 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 prior to that date may not be enacted, adopted, implemented, or enforced, unless the program fully conforms to the requirements of AB 1978; and WHEREAS, for the past 18 months, the City's Environmental Health Department has conducted an informal food handling training program for mobile food preparation unit operators which has proved to be successful, and which the Department now desires to formalize to satisfy the grandfathering provisions of AB 1978, as noted above; and WHEREAS, Regulations for the City of Vernon Food Handler Training and Certification Program ("the Regulations"), as approved by the Director of Environmental Health, acting as the City Health Officer, pursuant to Section 13.22 of the Vernon City Code, are attached to this resolution marked Exhibit "A" and made a part hereof by this reference as though set forth in full; and WHEREAS, the Director of Environmental Health has requested that the City Council approve the Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: Pursuant to Section 13.22 of the Vernon City Code, the City Council hereby approves the Regulations for the City of Vernon Food Handler Training and Certification Program, and hereby orders that the Regulations be received and filed by the City Clerk. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 191 20 21 22 23 24 25 26 27 28 SECTION 3: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 15th day of December, 1998. ATTEST• BRUCE V. MALKENHORST, City Clerk -3- LEONIS C. MALBkJRG, May r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7250, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, December 15, 1998, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - -4- SUPPORTING DOCUMENTS Regulations for the City of Vernon Food Handler Training and Certification Program Definitions. "Certified food handler" means a person who has successfully passed a food safety examination and who supervises all or part of the food service operations within a retail food facility and may be responsible for training the operation's employees. "Food safety training program means a food sanitation education program provided by the City of Vernon or another public or private provider approved by the health officer. "Health officer" means the City of Vernon Health Officer, or his duly authorized representative. The duties of the health officer are those set forth in the California Health and Safety Code. Whenever a power is granted to or a duty imposed upon the health officer in this chapter, the power may be exercised or the duty performed by a duly authorized representative of the health officer. "Mobile food facility" means any conveyance used in conjunction with the service of a commissary or other approved facility upon which prepackaged food or approved nonprepackaged food is sold or offered for sale at retail. Mobile food facility does not include a mobile food preparation unit. "Mobile food preparation unit" means any vehicle upon which unpackaged food is cooked, prepared, processed, wrapped, handled, packaged, or portioned for service, sale, or distribution at retail or given away to the public in the city. "Restaurant" means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, in -plant or employee eating establishments, or any other eating establishment, organization, or club, which gives, sells, or offers for sale, food to the public, guests, patrons, or employees; as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions. The term "restaurant" shall not include vending machines, retail or wholesale food vehicles, food processing establishments, food warehouses, retail food markets, private homes, private clubs, churches, or cooperative arrangements by employees who purchase food or beverages for their own consumption and where no employee is assigned full-time to care for or operate the equipment used in such an arrangement. "Retail food establishment" means any restaurant, retail food market, or retail food production establishment. "Retail food facility" means any restaurant, retail food production establishment, retail food market, caterer, food vending machine, mobile food preparation unit, or mobile food facility. ENMBIT "A" 12/15/98 Regulations for the City of Vernon page 2 of 4 Food Handler Training and Certification Program 12/15/98 "Retail food market" means any room, building, place, or portion thereof, maintained, used, or operated where food products, whether in bulk, canned, wrapped, bottled, or in any other form, are sold or kept for sale at retail for consumption on premises other than where sold. "Retail food production establishment" means any room, building, place, or portion thereof, maintained, used, or operated for the processing or retail sale of food, except restaurants, retail food markets, wholesale food processing establishments, and food warehouses. Food handler requirements. The Health Officer may require persons of any retail food facility that handle unpackaged food to be trained and certified as a food handler. Training. Individuals must participate in a food safety training program and pass a food safety certification examination approved by the Health Officer. The food safety training program shall include, but need not be limited to, the following elements: (1) Foodborne illness, including terms associated with foodborne illness; microorganisms, hepatitis A, and toxins that can contaminate food and the illnesses that can be associated with contamination; definition and recognition of potentially hazardous foods; chemical, biological, and physical contamination of food, and the illnesses that can be associated with such food contamination; and major contributing factors for foodborne illness. (2) The effects of time and temperature on microorganisms associated with foodborne illnesses, including the relationship between time and temperature and microorganisms during the various food handling, preparation, and serving states; and the types of thermometers used in monitoring food temperatures. (3) The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food worker health to foodborne illness; and the recognition of how policies, procedures, and management contribute to improved food safety practices. (4) Methods of preventing food contamination in all stages of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery. (5) Procedures for cleaning and sanitizing equipment and utensils. (6) Problems and potential solutions associated with temperature control, cross -contamination, Regulations for the City of Vernon page 3 of 4 Food Handler Training and Certification Program. 12/15/98 housekeeping, and maintenance. (7) Problems and potential solutions associated with facility equipment design, layout, and construction. Certification. Individuals must pass an examination with a score of 70% correct or above in order to be certified. Such persons shall hereby be known as certified food handlers, and shall be issued a certification card. Certification shall be valid for at least two years from the date the food safety training program course exam is passed. The course of instruction shall be approved by the Health Officer. Certified food handlers shall be recertified every two years. Recertification shall consist of successful completion of an examination with a score of 70% correct or above. A food facility that commences operation, changes ownership, or no longer employs a certified person pursuant to this section, shall have 60 days to comply with this section. Fee. A fee, determined by the Health Officer, shall be required for the food safety training course and examination provided by the City of Vernon. The fee paid shall be nonrefundable and valid only for the specific day of the food safety course and examination paid for. Reciprocity. Reciprocity shall be granted for successful completion of another food safety training course and examination approved by the Health Officer. Proof of certification. Any person required to be a certified food handler at a retail food facility shall have readily accessible proof of certification. A certified food handler card issued by the City of Vernon, or other card or certification issued by another provider approved by the Health Officer, shall be considered adequate proof. Penalties for violation. Violation of this section may be considered just cause for revocation or suspension of a retail food facility health permit. The Health Officer may suspend or revoke any food handler's certification whenever any Regulations for the City of Vernon page 4 of 4 Food Handler Training and Certification Program 12/15/98 certified food handler is responsible for an immediate danger to the public health or safety, for repeated violations, or for falsification of a certified food handler card or certificate. Any person whose certified food handler card or certificate has been suspended or revoked shall immediately surrender their certified food handler card or certificate to the Health Officer upon demand. The Health Officer shall issue a notice to the certified food handler setting forth the acts or omissions with which he or she is charged and informing him, or her, of the right to a hearing if requested, to show cause why the permit should not be suspended or revoked. A written request for a hearing shall be made by the certified food handler within 15 calender days after receipt of the notice. Failure to request a hearing within 15 calender days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this 15-day period to expedite the suspension or revocation process. Mobile food preparation units. On and after January 1, 1999, all persons working on board any mobile food preparation unit operating in the City of Vernon shall be certified food handlers. Personnel training at retail food establishments. When required, a certified food handler for a retail food establishment shall be responsible for training the operation's employees in areas covered in the approved food safety training course. Training by the certified food handler shall be provided for the operation's other food handlers upon initial employment and every year thereafter. The facility shall maintain documentation of employee training that is readily accessible for inspection at all times. LAeaGds\Certfood OFFICE OF THE CITY CLERK INTER -OFFICE MEMORANDUM Date: January 4, 1999 To: Lewis Pozzebon, Director of Environmental Health FROM: Gloria J. Orosco, Chief Deputy City Clerk RE: Resolution NO. 7250 Enclosed, for your files, is a copy of the above referenced Resolution which was approved by the City Council on December 15, 1998.