Chapter 5.20
FOOD SERVICE WORKER PERMITS
Sections:
5.20.040 Application of chapter.
5.20.050 Time to obtain permit.
5.20.060 Transfer of current permit.
5.20.070 Class and examination.
5.20.110 Maintenance of permit.
5.20.120 Notification by employer.
5.20.010 Title.
This chapter shall be known and cited as the “Food Service Worker Permit Ordinance,” and may also be referred to herein as “this chapter.” [Ord. 298, 1989.]
5.20.020 Purpose.
The purpose of this chapter is to protect the health, safety and welfare of the citizens of Halsey, Linn County, Oregon, and visitors to food establishments within the city by requiring food service workers to have an adequate minimal knowledge of sanitary principles and practices involved in the preparation, storage and service of foods and beverages. [Ord. 298, 1989.]
5.20.030 Definitions.
For the purpose of this chapter certain words and phrases used herein are defined as follows:
“Department” means the environmental health division of the Linn County department of health services.
“Educational institution” means a school, college or other institution with an established curriculum, student body and faculty, conducting classes in a building adapted for that purpose.
“Employer” means any individual, sole proprietor, firm, partnership, corporation, association, joint stock association or legal successor thereof which employs one or more food service workers in a food establishment.
“Food” means any raw, cooked or processed edible substance, beverage or ingredient used or intended for use in whole, or in part, for human consumption.
“Food establishment” means any facility:
(a) Licensed by the department as a restaurant, or
(b) Subject to the State of Oregon Sanitary Code for Eating and Drinking Establishments, OAR Chapter 333, Division 32, or
(c) Serving food to students, employees or the public in an educational institution, or
(d) Operating as a temporary restaurant, as defined by ORS 624.010.
“Food service worker” means a person employed or awaiting imminent employment in a food establishment when such employment includes any handling, preparation or service of food. Employers are also food service workers for purposes of this chapter. “Food service worker” does not include persons who are employed for less than five hours a week in a food establishment within an educational institution. However, such persons shall receive basic food handling instructions from a worker with a valid permit prior to beginning employment.
“Food service worker permit” or “permit” means a permit issued by the department indicating that the food service worker has demonstrated a minimal level of competency in the sanitary preparation and handling of food. A permit shall be valid for three years from the date of issuance. [Ord. 298 § 1, 1989.]
5.20.040 Application of chapter.
(1) Every food service worker shall obtain a food service worker permit within 30 days after beginning service as a food service worker, except as otherwise provided in this chapter. A permit is personal to the food service worker and is not transferable to another person. The food service worker may work in any food establishment in Linn County with a valid permit.
(2) The department shall issue a permit to each food service worker who:
(a) Attends a class on food handling practices; and
(b) Passes an examination designed to test knowledge of proper food handling; and
(c) Pays a fee designated by the board of commissioners pursuant to the Linn County fee ordinance. [Ord. 298 § 2, 1989.]
5.20.050 Time to obtain permit.
(1) Food service workers working in a food establishment when the ordinance codified in this chapter becomes effective shall obtain a permit within 60 days.
(2) Food service workers who obtain employment or begin work at a food establishment shall obtain a permit within 30 days of beginning work at the food establishment.
(3) Employers shall be responsible for informing food service workers of the requirement to obtain a permit. [Ord. 298 § 3, 1989.]
5.20.060 Transfer of current permit.
A current, valid food service worker permit obtained in the state of Oregon shall be valid in Linn County until its date of expiration, or three years from the date the food service worker begins work in Linn County, whichever comes sooner. [Ord. 298 § 4, 1989.]
5.20.070 Class and examination.
(1) The department shall conduct, at regular intervals, a class designed to teach food service workers the information necessary to take an examination on proper food handling practices.
(2) Immediately after the class presentation, and at other times designated by the department, examinations shall be conducted for food service workers.
(3) The department may develop and administer alternative testing methods in addition to a written examination to accommodate food service workers with special needs. Such alternatives may include oral examinations or examinations in languages other than English, as may be necessary. [Ord. 298 § 5, 1989.]
5.20.080 Fee.
A fee for a food service worker permit shall be charged. The amount of the fee shall be established in accordance with Linn County Code 2.10.110. No food service worker permit shall be issued until the fee has been collected. [Ord. 298 § 6, 1989.]
5.20.090 Renewal of permit.
(1) Prior to the expiration of a food service worker permit, a food service worker shall apply for a renewal permit.
(2) For a first renewal, the food service worker may take the examinations without attending the class. If the food service worker fails the examination, he or she must attend a class prior to repeating the examination.
(3) For a second renewal, the food service worker must take both the class and the examination.
(4) Food service workers who transfer their permit from another county must take both the class and the examination.
(5) For subsequent renewals, the food service worker shall attend the class on alternate renewals. [Ord. 298 § 7, 1989.]
5.20.100 Volunteers.
Volunteer food service workers in a food establishment staffed entirely, or substantially, by volunteers may, but need not, obtain a food service worker permit. The department may provide alternative educational services to volunteers. [Ord. 298 § 8, 1989.]
5.20.110 Maintenance of permit.
All food service worker permits shall be kept on file at the food establishment where the food service worker works. The permits shall be available for inspection by the department during business hours of the food establishment. The permit shall be returned to the food service worker upon termination of employment. [Ord. 298 § 9, 1989.]
5.20.120 Notification by employer.
All employers shall inform food service workers at or before the beginning of employment that the food service workers must obtain a food service worker permit within 30 days of beginning employment. [Ord. 298 § 10, 1989.]
5.20.130 Territory affected.
This chapter shall apply to the incorporated city of Halsey, Linn County, Oregon, being the same chapter that is in effect in all of the unincorporated territories of Linn County, Oregon, pursuant to ORS 203.040. [Ord. 298 § 11, 1989.]
5.20.140 Penalties.
Violation of the provisions of this chapter shall be punished in accordance with the provisions of the Linn County Enforcement Ordinance, Linn County Code 2.40.100 to 2.40.250. Violation of this chapter is a Class C violation. [Ord. 298 § 12, 1989.]