Section 113947.1 Of Article 2. Employee Knowledge From California Health And Safety Code >> Division 104. >> Part 7. >> Chapter 3. >> Article 2.
113947.1
. (a) Food facilities that prepare, handle, or serve
nonprepackaged potentially hazardous food, except temporary food
facilities, shall have an owner or employee who has successfully
passed an approved and accredited food safety certification
examination as specified in Sections 113947.2 and 113947.3. There
shall be at least one food safety certified owner or employee at each
food facility. No certified person at a food facility may serve at
any other food facility as the person required to be certified
pursuant to this subdivision. The certified owner or employee need
not be present at the food facility during all hours of operation.
(b) Food facilities that are not subject to the requirements of
subdivision (a) that prepare, handle, or serve nonprepackaged,
nonpotentially hazardous foods, except temporary food facilities,
shall do one of the following:
(1) Have an owner or employee who has successfully passed an
approved and accredited food safety certification examination as
specified in Sections 113947.2 and 113947.3.
(2) Demonstrate to the enforcement officer that the employees have
an adequate knowledge of food safety principles as they relate to
the specific operation involved in their assigned duties.
(c) On and after July 1, 2007, temporary food facilities that
prepare, handle, or serve nonprepackaged food shall have an owner or
person in charge who can demonstrate to the enforcement officer that
he or she has an adequate knowledge of food safety principles as they
relate to the specific food facility operation.
(d) (1) For the purposes of this section, multiple contiguous food
facilities permitted within the same site and under the same
management, ownership, or control shall be deemed to be one food
facility, notwithstanding the fact that the food facilities may
operate under separate permits.
(2) This subdivision shall not apply to the premises of a licensed
winegrower or brandy manufacturer utilized for wine tastings
conducted pursuant to Section 23356.1 of the Business and Professions
Code of wine or brandy produced or bottled by, or produced and
prepackaged for, that licensee when use is limited to wine tasting.
(e) A food facility that commences operation, changes ownership,
or no longer has a certified owner or employee pursuant to this
section shall have 60 days to comply with this subdivision.
(f) The responsibilities of a certified owner or employee at a
food facility or an owner or person in charge of a temporary food
facility described in subdivision (c) shall include the safety of
food preparation and service, including ensuring that all employees
who handle, or have responsibility for handling, nonprepackaged foods
of any kind, have sufficient knowledge to ensure the safe
preparation or service of the food, or both. The nature and extent of
the knowledge that each employee is required to have may be
tailored, as appropriate, to the employee's duties related to food
safety issues.
(g) The food safety certificate issued pursuant to Section
113947.3 shall be retained on file at the food facility at all times,
and shall be made available for inspection by the enforcement
officer.
(h) Certified individuals shall be recertified every five years by
passing an approved and accredited food safety certification
examination.
(i) A food safety program that was not in effect prior to January
1, 1999, shall not be enacted, adopted, implemented, or enforced,
unless the program fully conforms to the requirements of this part.