Food Safety and Inspection Program
City Council Study Session - July 12, 2022
Introduction
Overview of Environmental Health Bureau
and Food Safety Program
2 Mission
The Bureau of Environmental Health is responsible for
protecting the public’s health by preventing diseases,
unclean conditions, exposure to toxic substances, and the elimination of environmental hazards.
Profile
• California has 62 local Environmental Health agencies • 58 counties and 4 cities (Long Beach, Pasadena, Vernon and Berkeley)
• Long Beach is in the top third largest environmental
health jurisdiction in the State
• Operates with a budget of $8 million
Bureau of Environmental Health
3 Food Safety Program Goal
Our goal is to ensure that food sold or served in Long
Beach is safe, wholesome, properly labeled, and
produced under sanitary conditions.
To avoid personal distress, prevent
death, and economic burden due to
foodborne illnesses
4 Foodborne illness is common,
costly, and preventable!
• CDC estimates that each year in the US 48 million
people (or 1 in 6 Americans) get sick from
a foodborne illness, 128,000 are hospitalized,
and 3,000 die.
• The U.S. Department of Agriculture (USDA) estimates
that foodborne illnesses cost the United States more
than $15.6 billion each year.
Why Food Safety?
5 Section 113705: Legislative Intent to Preempt Local Standards The legislature finds and declares that the public health interest requires that there be uniform statewide health and sanitation standards for retail food facilities to assure the people of this State that the food will be pure, safe, and unadulterated.
FOOD INDUSTRY and REGULATORY AUTHORITY share
responsibility.
CA Health and Safety Code – General Provision
6 Role of Registered Environmental Health Specialists
California Health and Safety Code
• Issue permits and approve conditions to operate
• Inspect and investigate regulated facilities
• Educate providers and the public of the requirements of the CA Health and Safety Code When necessary, under the authority of the Health Officer, to:
• Secure samples and evidence
• Impound, embargo, order cease and desist, and condemn unsafe property • Take further enforcement action such as notice of violation, officer hearing, permit suspension, permit revocation, and referral to City Prosecutor 7 Training for Registered Environmental Health Specialists Health Inspectors (REHSs) are highly trained:
• Bachelor's degree with at least 30 credits in science and math • Complete 6 to 18 months of on-the-job training (300 – 600 hrs.) • Pass the California Department of Public Health REHS examination • Renew registration biannually by completing 24 Continuing Education Units within a 2-year period
Continuous Training includes:
• Food Microbiological Control Series
• Food Laws for State Regulators
• Public Health Principles
• Risk Based Inspection Methods
• Communication for Regulators
• Customer Service and De-Escalation
8 WE ARE HERE TO HELP!
• Respond to operators' questions, requests and/or
provide referrals
• Help operators help themselves
• Ask pertinent questions and actively listen
• Become knowledgeable in operator's food operations
• Help with creative problem solving
• Be a source of information for owners and their employees • Inform operators regarding new regulations
• Schedule re-inspections to ensure operator's success
• Be available to reinstate suspended health permits in a timely manner
• Maintain a positive attitude
Build Working Relationships and Trust
Customer Service
www.longbeach.gov/eh
9 Food Safety and Inspection Program
10 Food Program Staffing
• Administrative Support Team
• Supervisors - EHS IV (2 – one vacancy)
• Specialized Programs - EHS III (7- one vacancy),
• Area District Inspectors - EHS II (8 - five vacancies) District Inspectors are responsible for routine inspections, foodborne illness and outbreak investigations, respond to complaints including unpermitted sidewalk vendors, community events, food trucks and more.
Licensed Facilities
• 2,900 Food Facilities
Data Management System
• Envision Connect used for database and field inspection system Average Annual Revenue
• Approximately $2.2 Million
Food Safety and Inspection Program – General Info
11 Types of Food Facilities
Regulatory Activities
include:
• Routine inspections
• Foodborne illness
investigations
• Complaint investigations
• Licensing and change of
ownerships
• Plan Check reviews
• Consultations
• Recall Notifications
• Education and Outreach
12 Food Facility Complaints
June 1, 2021- May 31, 2022
13 • Poor personal hygiene – handwashing practices, barehand contact, employee illness
• Improper cooling procedures – using unapproved cooling methods, ex: cooling at room temperature
• Improper holding temperature – deep container,hot and cold holding
• Improper cooking temperatures – reheating
• Food from unsafe sources – inspect at delivery
• Contaminated Equipment and Cross Contamination–
chemical contamination, raw meats above ready to eat
food, improper dish and utensil storage, lack of or inadequate sanitizer, surface cleaning and sanitizing
CDC Risk Factors Contributing to Foodborne Illness
14 Restaurants/Bars - Inspection Process
• Introduction - Purpose of visit, ask to meet with the person in charge, and look at the menu
• Walk through- Walk through the facility with business operator – check handwash sinks for hot water, soap and paper towels. Make observations to ensure there are no major violations
requiring immediate corrections
• REHS demonstrates proper handwashing.
• Routine Inspection - Starts at the highest risk area first. Constantly observing employees handling food throughout the inspection • Check potentially hazardous food at coolers, hot holding, cooling, cooking, reheating for proper temperatures and all food obtained from approved sources
• Check storage of food for risk of contamination
• No chemicals (ex. cleaners, sanitizer) near food
• No raw meat above ready to eat food
• No food stored on floor
15 Restaurants/Bars - Inspection Process
• Correctly set up and use the 3-compartment sink (wash, rinse and sanitize) or mechanical dishware for cleaning/sanitizing dishes, utensils and other food containers
• Ensure that equipment are properly washed and sanitized, commercially approved (ANSI), and in good operating conditions (ice machine, blender, coolers, tables, etc.)
• Ensure that restrooms are clean, in good operation, ventilation, approved floors and walls, fully stocked handwash sink, warm water, paper towels/air dryer, and soap
• Observe employee hygiene such as clean hands, nails trimmed, clean hands and garments, no exposed cuts or burns, or have any ill employees working • Check health permit, food manager certification, and food handler cards • Review violations with the person in charge while conducting a walk-through of the violations
• Post the Inspection Summary Report in a conspicuous location on the door or within 5 feet of the door
16 In cases of a Major Violation, we do suspend permits.
Any violations of California Health and Safety Code that may pose an imminent health hazard • Foodborne illness outbreak/ Ill employee(s)/ communicable disease • Sewage backup or lack of operable toilet
• Vermin infestation
• Lack of hot water or no water
• Lack of operable equipment
• Power outage
• Poor sanitation/ hazardous structure
• Serious repeat major violations
• Any immediate danger to public health
Invalid or No Health Permit
• Order immediate cease and desist
Closure occurs when operator is unable to correct the violation at the time of inspection Health Permit Suspension/Temporary Closure
17 Temporary Food Facilities (TFFs) are foodbooths at
farmer's markets, or night markets or any
community events.
• Average of 200 inspections monthly
• Events can occur daily throughout the year
TFFs are permitted and inspected at every event
held in the Long Beach.
Long Beach hosts hundreds of community events
annually including:
• Long Beach Grand Prix
− 234 health inspections at food booths were conducted
over the Grand Prix weekend alone
• Jazz Festival
• Long Beach Pride Festival
• There are a total of eight (8) Farmer's Markets and two (2) Night Markets
Temporary Food Facilities at Community Events
18 Health Requirements and Inspection Process
• Health requirements will depend on the
menu, preparation and service of food.
• Key inspection activities are similar to
restaurant inspections – food handling,
storage, food temperature, employee
hygiene, and source of food.
• Work closely with City team such as Special
Events and Public Works to ensure that
organizers and vendors have adequate
space for set up.
• Assist organizers and vendors on site to
ensure that they have proper equipment
and set-up to reduce risk of foodborne
illnesses.
Temporary Food Facilities at Community Events
19 Food Trucks and Carts
Current State Health and Safety Code requires the same regulations for both trucks and carts as mobile food facilities.
• Requirements depend on the menu, preparation and food service. • Plan Check reviews are required to assist the operator/vendor in meeting the appropriate health requirements.
• Key inspection activities are similar to restaurant inspections – food handling, storage, food temperature,employee
hygiene/handwashing, and source of food.
• Restroom Access - letter required from a local business approving access or access to a public restroom within 200 feet if stationary for over an hour.
• Must store trucks at an approved commissary.
• Water samples are taken and tested for fecal coliform bacteria. • General sanitation, cleanliness/trash, safety.
• Online resources – www.longbeach.gov/eh
20 The Menu Matters: Differences in Requirements
It's important to know the type of food that a vendor/operator will be offering
• Packaged, non-perishable foods (e.g., whole fruits, chips, bottled sodas, candies) • Packaged, perishable foods (e.g., grocery, whole fish and aquatic invertebrates, ice cream). • Unpackaged, non-perishable food (e.g., pre-made churro and pretzel, coffee, shaved ice). • Unpackaged, perishable foods (e.g., catering, soft-serve or scoop ice cream, cappuccino, cut melon).
Meeting with one of our Plan Check Health Inspector is key to finding the right food truck or cart and ensuring that health requirements are met. 21 Sidewalk Vending Education and Enforcement Process
• Vendor visits are complaint-driven and
are scheduled depending on staffing
availability.
• Environmental Health does not
issue citations
• Vendors are strongly encouraged to
contact Health for a consultation or
technical assistance that they may
need in order to obtain a health permit.
• Health inspectors are multi-cultural and
bilingual
• Many resources are available in person
and online to assist vendors on how to
obtain a health permit
Environmental Health has an education
first approach to gain compliance.
First Encounter:
Vendor is educated and provided an info card
on how to obtain a health permit. Vendor is
asked to leave and stop operating. First notice
of violation issued.
Second Encounter:
Vendor is educated again and is asked to leave
and stop operating. Final notice of violation
issued and is notified that the next encounter
will result in embargo of equipment and food.
Third Encounter:
Equipment is confiscated and food is
discarded.
* Note that food can be discarded at first or
second encounter if there is an imminent
health hazard per CA Health and Safety
Code.
www.longbeach.gov/eh
22 • Conduct unannounced routine inspections and re-inspections until violations are abated • If no Health Permit - Order Cease and Desist all operations until a valid health permit issued • If Corrective Actions ordered and not completed within reasonable time period/No Health Permit:
1. Issue Notice of Violation and Office Hearing
2. Issue health permit suspension and revocation
3. File with City Prosecutor
Guilty of misdemeanor, fine of no less than $25 or more than $1,000, or by imprisonment in the county jail for term not to exceed six months, or both (violations to all sections of the California Retail Food Code portion of the CA H&SC are classified as misdemeanors) May be amended to a fine for up to three times the cost of the permit for unpermitted vendors.
General Enforcement
23 The food industry is required by law to
allow the inspector to enter, inspect, issue
citations, impound or discard food, and
secure any samples, photographs, or other
evidence.
It is a misdemeanor to withhold evidence
or interfere with the inspectors, including
making verbal or physical threats or sexual
or discriminatory harassment.
CA Health and Safety Code 114390
Food Industry Responsibility
24 Shifts in Focus, Looking Forward
25 Mobile Food Facilities – Food Trucks Challenges
• California Health and Safety Code requires the local enforcement agency to permit Mobile Food Facilities.
• Long Beach Health Department issues health permits for food trucks that may or may not have an LA County health permit.
• Currently, LA County permitted food trucks are not required to obtain a Long Beach health permit:
− Long Beach Health Dept has no regulatory rights so difficult to enforce law
− Los Angeles County Health does not conduct routine inspections or respond to complaints
− Other non-health issues:
• Illegal Parking
• Trash
• Noise
• Food Truck Study Preliminary Findings:
− Strongly recommend food trucks operating in Long Beach be required to have a local health permit.
26 Sidewalk Vendors – Challenges
Passage of Senate Bill 946 (Safe Sidewalk Vending Act) 2018 • Confusion exists among the vendors and the community around the interpretation of SB 946 Safe Sidewalk Vending Act regulations and allowances, especially with respect to CA Health and Safety Code requirements required by the Senate Bill.
• Per SB 946, Sidewalk vendors are allowed in a large amount of public space that have competing uses and community expectations for activation.
• Micro businesses may have less resources, increased digital and language barriers, and other obstacles making compliance with regulations and enforcement of those regulations challenging. 27 Sidewalk Vendors Local Ordinance/Policy
• If vendors are selling food products (whether prepared or packaged), a Health Permit from the Long Beach Health Department is required regardless of where they are serving food, per the California Health & Safety Code and SB946
• SB 946 requires the City to implement a local ordinance creating a Sidewalk Vending Program if intending to adopt regulations specific to sidewalk vendors.
• City intends to implement a Sidewalk Vending Program and has engaged a consultant to start this summer.
• Additional Information:
− Sidewalk vendors on public property currently are not required to register with or obtain a business license from the City. − If a sidewalk vendor is operating on private property, business licensing requirements do apply. The Business Licensing Division also has an education first approach.
− Public Works addresses public right of way and ADA accessibility issues.
28 SB 972 – Enhancing the Safety of Sidewalk Food Vending • Seeks to revise the Health and Safety Code (CalCode) and provide thousands of micro-entrepreneur's entrance into a more equitable ad well-regulated food economy
• Evaluate current CalCode requirements and make it less onerous for smaller scale food operations • Streamline and increase the path to a health permit
Existing Laws
• SB 946 – Sidewalk Vending – current CalCode requirements • AB 626 – Microenterprise Home Kitchen Operations MEHKO):
− Allows the use of home kitchens to make and sell food. − Provides economic opportunities
− Governing body of the county/City Health jurisdiction will decide if they will opt in and all cities in the county will have to accept.
− Currently, out of 62 environmental health jurisdictions in theState, o 8 have adopted with 1-125 participants,
o 27 have said NO and others are still waiting or considering it. • Cottage Food Operations
Food Safety Program – Recent and Upcoming Legislation
29 Recent Legislation – Current and Upcoming Challenges Anticipated Departmental and Community Impacts of SB 972 Passage • Health
− Plan Check reviews and inspections
− Permitting compact mobile food operations
− Cottage food operation review and permitting
− Permitting private residentials as "commissary" to support compact mobile food operations − Investigate complaints of unpermitted vendors
− Investigate foodborne illness complaints
− Develop a reasonable path for vendors to obtaina health permit − Increase efforts to educate vendors and the public about the changes to law − Loss of revenue
• Other Departmental and Community Concerns
− Illegal Parking
− Noise
− Sewage overflows
− Trash
− Zoning Issues and Enforcement
30 City Food Truck Policy and Sidewalk Vending Policy
Next Steps
• Food Truck Policy and Regulations Study to the City Council: August 2022 • Implementation of Food Truck Study recommendations: Summer 2022 – Summer 2023 • Conduct Sidewalk Vending Policy and Regulations Study, including outreach: Summer 2022 – Spring 2023 • Sidewalk Vending Policy and Regulations Study to City Council: Expected Spring 2023 Initial Concerns and Considerations
• Public health and food safety
• Illegal parking
• ADA compliance
• Visual blight
• Competition with brick-and-mortar business with more regulations • Creating a viable space for food trucks/sidewalk vendors to be successful and safe 31 City Food Truck Policy and Sidewalk Vending Policy
Topics for Discussion
• Education first approach with enforcement
• Preferred vendor locations to consider in the Sidewalk Vending Policy and Regulations Study (commercial corridors, tourist destinations, etc.) • Areas of interest to explore in the upcoming Sidewalk Vending Policy and Regulations Study
32 Thank you
Bureau of Environmental Health
Department of Health and Human Services
562-570-4132
www.longbeach.gov/eh/foodsafety
[email protected]
33