19961210 1996-20ORDINANCE NO. 1996-20
AN ORDINANCE AMENDING AND REENACTING CHAPTER 11, ARTICLE III,
SECTIONS 11-12 AND SECTIONS 11-16 OF THE CODE OF THE CITY
OF FAIRFAX, VIRGINIA, PERTAINING TO LIMITED FOOD
SERVICE ESTABLISHMENTS AND FOOD SERVICE MANAGER;
RESPONSIBILITY; CERTIFICATION
1. BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Section 11-12, Article III, of Chapter 11 of the
Code of the City of Fairfax, Virginia, is hereby amended and
reenacted by adding thereto a definition of limited food service
establishment to read as follows:
Sec. 11-12. Definitions. Limited food service establishment.
A food-service establishment that does not prepare or handle
potentially hazardous foods.
2. BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that Section 11-16, Article III, of Chapter 11 of
the Code of the City of Fairfax, Virginia, is hereby amended and
reenacted to read in its entirety as follows:
Sec. 11-16.
Food service manager; responsibility; certifica-
tion.
1996-20 -2
(3)
The establishment and continuation of a self-inspection
program approved by the health authority for a minimum of
twelve (12) consecutive months during the prior three (3)
years.
(a) It shall be unlawful to operate a food-service estab-
lishment unless it is under the immediate control of a person
possessing a valid food-service manager's certificate issued
by the health authority or a food-service manager's
certificate issued by another jurisdiction that is accepted by
the health authority, provided that a limited food-service
establishment shall not be in violation of this section if it
is under the immediate control of a person possessing a
limited food-service manager's certificate, and if the health
authority finds that the limited food-service establishment
satisfies one of the following criteria:
(1)
It does not prepare or handle potentially hazardous
foods;
(2)
It handles only prepackaged foods that have been trans-
ported and stored under conditions that meet the require-
ments of this chapter;
(3)
It handles only foods that are prepared and prepackaged
in individual servings, and have been transported and
stored under conditions that meet the requirements of
this chapter; or
(4)
It handles only beverages that are not potentially
hazardous, and have been transported and stored under
conditions that meet the requirements of this chapter.
(b) A food-service manager's certificate shall be issued
only to a person who has passed a food manaqer's certification
examination approved by the health authority.
(c) A food-service manaqer's certificate shall be issued in
the name of an individual applicant only; shall not be
assignable or transferable; and shall be valid only for a
period of three (3) years from the date of issuance. Prior to
the issuance of a certificate, an application must be filed
and a fee of twenty dollars ($20.00) shall be paid to the
health authority upon issuance of a certificate.
(d) A limited food service manager's certificate shall be
issued only to a person who has successfully passed an
examination, administered by the health authority, which test
the applicant's knowledge of food handling techniques neces-
sary for the safe operation of a limited food-service estab-
lishment. Prior to the issuance of a certificate, an applica-
tion must be filed and a fee of twenty dollars ($20.00) shall
be paid to the health authority upon issuance of a limited
certificate.
(e) A certified food-service manaqer or a certified limited
food service manager shall be entitled to the renewal of his
certificate for a subsequent three-year period with the filinq
of an application and the payment of a twenty dollar ($20.00)
fee paid to the health authority provided that the application
for renewal is not more than thirty (30) days past the
expiration date of the certificate.
1996-20 -3
(f) The certified food-service manager shall be responsible
for training food-handling personnel in sanitary food-handling
procedures and proper methods of food protection. The
certified food-service manager shall also be responsible to
ensure that good public health and food protection practices
and sanitary techniques in preparing, storing, serving, and
transporting food are used at all times on the premises under
his control.
(g) The health authority may suspend or revoke any food-
service manager's certificate if he finds that the health and
safety of those who utilize the food-service facility would be
menaced due to a violation of this chapter.
(h) The health authority may reinstate any food-service
manager's certificate if the applicant retakes and passes
either a food-handling manager certificate examination
approved by the health authority or a limited food-service
manager certification examination given by the health autho-
rity or the health authority's designee, whichever is appro-
priate. Prior to the reinstatement, an application must be
filed with a twenty dollar ($20.00) fee paid to the health
authority.
3. BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia that the remaining sections and subsections of
those sections hereby amended shall continue to read as previously
enacted.
4. This ordinance shall become effective as provided by law.
Introduced:
Public hearing:
Adopted:
November 26, 1996
December 10, 1996
December 10, 1996
ATTEST:
Mayor
Date