Chapter 8.30
FOOD SERVICE WORKERS
Sections:
Article I. Definitions
Article II. Administration
8.30.030 Conflict with state law.
8.30.040 Notification by restaurant.
8.30.050 Time in which to acquire permit.
8.30.070 Examination for temporary restaurant.
8.30.080 Notification by educational institution.
8.30.130 Persons with a communicable disease transmittable through food may not work.
8.30.140 Card valid throughout Marion County.
8.30.150 Administrative rules.
8.30.160 Employment of noncardholders prohibited.
Article I. Definitions
8.30.010 Definitions.
As used in this chapter, the following words and phrases shall mean:
“Communicable disease” means any disease that may cause food-borne illness or may be transmitted from person to person under the conditions encountered in a food establishment.
“Department” means the Marion County health department.
“Director” means the Marion County health administrator or his duly authorized representative.
“Educational institution” means any school facility, fraternity, sorority or cooperative where food or drink is prepared or served for consumption by the students or for community activities in the form or quantity consumable then or there, whether or not it is consumed within the confines of the premises where prepared or served.
“Employer” means any individual, sole proprietor, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof, which owns, operates or manages a restaurant, temporary restaurant, or educational institution and supervises food service workers.
“Food” means any article used, or intended to be used, for food, drink, confection or condiment, whether simple or compound, thereof, and for human consumption.
“Food service worker/foodhandler” means a person employed or soon to be employed in a restaurant, temporary restaurant, or educational institution to prepare, serve or handle food or drink. This definition shall include persons engaged in foodhandling operations (that prepare and serve foods or beverages that are “ready to eat”) other than wholesale food manufacturing facilities (e.g., canneries), under the jurisdiction of the State Department of Agriculture as regulated by OAR 333-150-000(8) and 333-158-000 through 333-158-030 relating to combination facilities.
“Foodhandlers’ card” means a card issued by the department indicating that the holder of the card has demonstrated a minimum level of competency in the sanitary preparation, service, storage and handling of food and beverage. This shall include, but not be limited to, cards issued by other Oregon counties, with approval from this department.
“Restaurant” means any establishment where food or drink is prepared or sold for consumption by the public or where the public obtains food or drink so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, or any establishment which prepares food or drink in consumable form for service outside the premises where prepared.
“Rules” means the rules adopted by the board of county commissioners.
“Temporary restaurant” means any establishment which operates temporarily in connection with any fair, carnival, circus or promotion, or any other event where food is prepared or served for consumption by the public and is licensed by the state under ORS Chapter 624 as a temporary restaurant. This definition shall not include an establishment where food is prepared and served by fraternal, social or religious organizations only to its own members and guests, or a food product promotion where only a sample of food or foods are offered to demonstrate the characteristics of the food product. [Ord. 984, 1994.]
Article II. Administration
8.30.020 Purpose.
Pursuant to ORS Chapters 203, 431 and 624, this chapter is adopted for the purpose of:
A. Preventing the spread of infectious disease and establishing a uniform health standard in Marion County for food service workers.
B. Ensuring that all food service workers possess adequate knowledge of the sanitary principles and practices involved in the preparation, storage and service of foods and beverages. [Ord. 984 § 1, 1994.]
8.30.030 Conflict with state law.
None of the provisions of this chapter are intended to establish a standard lower than or inconsistent with what is or may hereafter be adopted by the state. [Ord. 984 § 2, 1994.]
8.30.040 Notification by restaurant.
All employers of any restaurant shall inform all prospective food service workers during their interview(s) that they must apply for a valid foodhandlers’ card from the department by attending an approved foodhandlers’ class and passing oral or written examination before commencing work at the establishment. [Ord. 984 § 3, 1994.]
8.30.050 Time in which to acquire permit.
All food service workers employed in a restaurant or educational institution shall provide proof of having adequate foodhandlers’ training by giving employer to keep on file said foodhandlers’ card or true copy thereof within 30 days of their commencing work at the establishment. [Ord. 984 § 4, 1994.]
8.30.060 Examination.
Persons making application for a foodhandlers’ card shall demonstrate their knowledge of elementary acceptable sanitary practices in the preparation, service, storage and handling of food and beverages by satisfactorily passing an oral or written examination conducted by the department. Any person may take the examination any number of times provided at least 24 hours have elapsed between tests. [Ord. 984 § 5, 1994.]
8.30.070 Examination for temporary restaurant.
The employer of any temporary restaurant shall obtain a foodhandlers’ card prior to commencing actual operation in the preparation, handling and serving of food or beverage. It shall be the immediate responsibility of every employer of any temporary restaurant to educate and supervise all foodhandlers in the elementary acceptable sanitary practices in the preparation, service, storage and handling of food and beverages, and also provide one person with a valid foodhandlers’ card on duty at all times. [Ord. 984 § 6, 1994.]
8.30.080 Notification by educational institution.
All employers of any educational institution food service shall inform all regular food service employees that they must obtain a foodhandlers’ card from the department prior to commencing work at the institution. It shall be the responsibility of every operator, manager, or supervisor of any educational institution food service to obtain a foodhandlers’ card. The employer shall educate employees who work two hours or less per day and 10 hours or less per week, so that prior to commencing actual employment the employee shall have a basic knowledge of elementary acceptable sanitary practices in the preparation, service, storage and handling of food and beverages. [Ord. 984 § 7, 1994.]
8.30.090 Fees.
A. For the purpose of partially defraying expenses involved in the testing of food service workers, the department shall collect a fee in advance in the amount established by order of the board of commissioners for the following application:
1. Foodhandlers’ card.
2. Foodhandlers’ card renewal.
B. All fees are nonrefundable.
C. Fees may be deferred by the department for 30 days from exam date after which nonpayment thereof shall be cause for revocation of foodhandlers’ card.
D. The cost of the foodhandlers’ card shall be uniform throughout the county. [Ord. 984 § 8, 1994.]
8.30.100 Revocation of card.
A foodhandlers’ card may be revoked by the department upon reasonable evidence indicating repeated or continuing violations of accepted procedures and practices in the preparation, service, storage or handling of food or beverage offered for public consumption, or in the supervision of those who prepare, serve or handle food or beverage. [Ord. 984 § 9, 1994.]
8.30.110 Review.
Any food or beverage service worker whose card has been revoked by the department may request that the director conduct an administrative review. The director shall conduct a review and notify the affected parties of the findings within 10 days from the revocation. [Ord. 984 § 10, 1994.]
8.30.120 Foodhandlers’ cards.
Food service workers shall furnish and place on file with the employer their foodhandlers’ cards or true copy thereof as prescribed by the department. Such card or true copy thereof shall be kept on file by the employer and open for inspection at all reasonable hours by public health officials.
Such card or true copy thereof shall be returned by the employer to the employee upon termination of employment and shall be valid for three years from date of issuance. [Ord. 984 § 11, 1994.]
8.30.130 Persons with a communicable disease transmittable through food may not work.
No person with a communicable disease as defined in ORS 624.080, or the administrative rules adopted thereunder, shall handle, prepare, serve or sell food, food products, or beverages for public consumption, nor shall any person knowingly employ any food service workers to begin work while so afflicted. [Ord. 984 § 12, 1994.]
8.30.140 Card valid throughout Marion County.
The card provided by the department shall be valid throughout Marion County. [Ord. 984 § 13, 1994.]
8.30.150 Administrative rules.
The board of commissioners may establish rules necessary to carry out the provisions of this chapter upon the recommendation of the department. Such rules shall be published and copies shall be provided upon request of any person. [Ord. 984 § 14, 1994.]
8.30.160 Employment of noncardholders prohibited.
It is hereby prohibited for any employer to employ any person who has not obtained a foodhandlers’ card pursuant to this chapter. [Ord. 984 § 16, 1994.]