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3 <br />2023-2024 San Mateo County Civil Grand Jury <br /> <br />has extensive requirements for the handling of food, preparation and service of patrons. They can <br />best be described as affecting the “inside” of the Food Facility. <br /> <br />The exterior or waste disposal areas are only mentioned in Article 4, Section 114245.4. “If <br />provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall <br />be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, <br />durable and sloped to drain.”3 Refer to Appendix C for the California Health & Safety Code <br />Article 4. <br /> <br />The enforcement of these State Regulations is assigned to “Enforcement Officers”4 of an <br />“Enforcement Agency”5 which is delegated to more local organizations at the county or other <br />local level. Section 1143906 gives the power to inspect facilities, take samples and prepare a <br />written report of deficiencies. <br /> <br />HEALTH DEPARTMENT INSPECTIONS <br /> <br />The San Mateo County Health Department is primarily responsible for the inspection of <br />restaurants and enforcement of the Health Codes related to them. The Inspection checklist <br />(Appendix D) has 60 categories for inspection and only one (FO42) relates to waste disposal or <br />garbage. In interviews, the Grand Jury found the Health Inspector does not generally inspect the <br />areas behind the facility and does not inspect areas not immediately adjacent to the facility at all. <br />The County relies on the individual cities for enforcement of their nuisance laws in these areas. <br /> <br />As part of its Municipal Code, each City or jurisdiction maintains provisions for enforcement <br />actions against properties (and operators) that maintain unhealthy, noxious, or dangerous <br />conditions under their police powers to abate public nuisances. (See Bibliography) <br /> <br />LAND USE / USE PERMITS <br /> <br />It is beyond the scope of this investigation to analyze the municipal codes of each of the twenty <br />jurisdictions in San Mateo County which have restaurant uses. Most cities require “use permits” <br /> <br />(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375. <br />(11) Fishermen’s mar kets. <br /> <br /> <br />3 Sections 114244 to 114245.3 inclusive speak only to the Food Facility which is defined as the interior of the <br />facility. <br />4 113774. “Enforcement officer” means the director, agents, or environmental health specialists appointed <br />by the Director of Health Services, and all local health officers, directors of environmental health, and <br />their duly authorized registered environmental health specialists and environmental health specialist <br />trainees. <br />5 113773. “Enforcement agency” means the department or the local health agency having jurisdiction <br />over the food facility. <br />6 114390 : <br />https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104.&title=& <br />part=7.&chapter=13.&article=2 <br />6.F. - Page 7 of 32 <br />51