§ 12-334. Food handler certification.

(a)

The owner or operator of an establishment which handles open food and which has seven or more food handlers on duty at any time shall make certain that at least one certified food manager is on duty during all hours of operation.

(b)

Establishments which have fewer than seven food handlers shall not be required to have a certified food manager.

(c)

A person who has attended a certified food manager's class approved by the state department of health may apply to the health department for a food manager's certificate. Certificates are valid for a period of three years from the date that the food-training certificate is issued.

(d)

The owner or operator of a new food establishment shall provide proof to the health department, prior to opening the establishment, that the establishment meets the certified food manager requirements of this article.

(e)

When a replacement certified food manager is not available, the owner or manager of an existing food establishment shall notify the health department within 48 hours of the termination or transfer of a certified food manager. The food establishment shall have 30 days from the effective date of the termination or transfer to come back into compliance with the certified food manager requirements of this article.

(f)

When an existing food establishment has a change of ownership, the new owner or operator of the establishment shall provide proof to the health department within 30 days of the effective date of the change of ownership that it is in compliance with the certified food manager requirements of this article.

(g)

A certified food manager shall present his certificate to the director for inspection immediately upon request. The owner or operator of a food establishment shall make food manager certificates available for immediate inspection upon request by the director.

(h)

The following food establishments are exempt from the requirements of this section:

(1)

Temporary food establishments;

(2)

Establishments selling only uncut produce or prepackaged food (farmer's market and produce stands for example);

(3)

Establishments serving only fountain drinks, coffee, popcorn, and/or snow cones;

(4)

Bars and lounges; and

(5)

Food warehouses wholesalers.

(i)

Criminal offenses.

(1)

A person commits an offense if the person is the owner or operator of a food establishment and violates a provision of this section.

(2)

A person commits an offense if the person is the food manager of a food establishment and fails or refuses to present his food manager's certificate to the director for inspection immediately upon the director's request.

(Code 1994, § 6.220; Ord. No. 372, § 1, 6-14-2004)