Health, Education, and Social Services Committee Ray Grissom, Chairperson

Comments 20

• CO1
  The investigation of the District may require further review. 2017-2018 Kern County Grand Jury COMMENTS: The Committee wishes to thank the Board and District Staff for the cooperation and information given for the preparation of this report. It is critical to have individual Board Members understand their responsibility in maintaining transparency. Adherence to the Brown Act is essential. To avoid disharmony within the Board, the business of the District must be conducted without personal bias or individual agendas.
• CO2
  The Kern County Board of Supervisors, Kern County Department of Human Services, and Kern County Superintendent of Schools should post a copy of this report where it will be available for public review.
• CO3
  Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury.
• CO4
  Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: FOREPERSON KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 2017-2018 Kern County Grand Jury 169 KERN COUNTY PUBLIC HEALTH SERVICES DEPARTMENT ENVIRONMENTAL HEALTH DIVISION The ABC’s Of Food Grading What the Public Needs To Know PREFACE: After reading and reviewing instances in the media of food facilities closures due to unsanitary or unsafe conditions, the 2017-2018 Kern County Grand Jury (Grand Jury) inquired into the ABC’s of food grading. Kern County Public Health Services Department, Environmental Health Division (Division) is responsible for ensuring that food vendors are following safe food handling practices, and that the buildings and equipment meet certain requirements. The Division is self-supporting through fees received from permits and inspections only. They do not receive general funds from the Kern County Budget. The issue of un-permitted mobile food vendors was addressed which can be a potential serious health hazard, and a financial burden to the Division. PURPOSE OF INQUIRY: The Health, Education, and Social Services Committee (Committee) of the Grand Jury investigated the Kern County Department of Public Health Services, Environmental Health Division’s Food Safety Program (Program), pursuant to Penal Code §925. The Program was last investigated in 2008. PROCESS: The Committee reviewed the 2007-2008 Kern County Grand Jury Report, began research through the internet, and reviewed the California Health and Safety Code, Part 7, California Retail Food Code (CRFC). The Committee also met with staff at the Kern County Department of Health Services and the Environmental Health Division. Field 2017-2018 Kern County Grand Jury 171 personnel and other jurisdictions’ food safety program personnel were also interviewed, and an actual inspection was observed by members of the Grand Jury. BACKGROUND and FACTS: The Environmental Health Department was established in 1989, as a stand-alone county department. In 2009, the Kern County Board of Supervisors (Board) restructured the Department to a Division, and was consolidated under the auspices of the Public Health Services Department, which is located at 1800 Mt. Vernon Avenue, Bakersfield. The Environmental Health Division is located in the County Services Building, 2700 “M” Street, Bakersfield. The Environmental Health Division operates:
• CO5
  The Food and Consumer Protection Program
• CO6
  The Land and Water Program
• CO7
  The Solid Waste Program
• CO8
  The Hazardous Materials Program For the purpose of this report, the Grand Jury investigated the Food and Consumer Protection Program. The primary responsibility of this Program is to ensure that retail food is produced, distributed, and sold under safe and sanitary conditions. The Division follows State regulations as established by CRFC. Budget In May 2016, the Division’s budget was transferred from the General Fund to a separate special revenue fund. Funding comes from permits, re-inspections, re-scores, and occasionally funds from grants and penalities. Each year the Division works to evaluate and adjust the fee schedule as needed. County Administrative Bulletin No. 2, Revised: April 20, 2003, Subject: Calculation of Service/User Fees and County Charges To Other Government Agencies:  Directs the Division to justify each year any needed adjustments  Conduct public meetings  Seek final approval of the Board for fee schedule changes The fee schedule was last adjusted (+8%) in Fiscal Year 2016-2017 as approved by the Board. The fee schedule is available online or in printed format. Summary of Expenditures and Revenue FY 2016-17 FY 2017-18 Budget Actual Requested Budget Total $8,213,802 $8,106,933 $8,865,142 $8,865,965 Expenditures Total $8,468,112 $8,763,393 $8,778,685 $8,778,685 Revenue Net Fund +$254,310 +$656,460 -$86,457 -$87,280 2017-2018 Kern County Grand Jury 172 The above chart reflects a revenue surplus of $656,460 for Fiscal Year 2016-2017, and a budgeted deficit of $87,280 required to operate Fiscal Year 2017-2018. Permit Process The California Retail Food Code §114380 et. seq., authorizes the Division to require a plan review and issue permits to all food facilities. The Program requires the following: New, Remodel, or Re-score
• CO9
  Obtain building permits as required by jurisdiction
• CO10
  Submit food facility construction plans to the Division for approval
• CO11
  Final Inspection before operations begin
• CO12
  Fees charged according to published fee schedule Applications from July 1st to December 31st pay full schedule o Applications from January 1st to June 30th pay a prorated amount o Annual Renewal/Change of Owner or Partnership
• CO13
  Existing facility billed in June of each year, payable by July 31st If unpaid, a 50% penalty is added and is considered un-permitted until o paid  Change of owner or partnership requires a new permit  Certain community groups or individuals may apply for a permit fee waiver  Temporary and/or community events may require permits During the permit process, a risk assessment is implemented (See Appendix A). The food preparation practices used are assigned a numerical value, depending on potential contamination risks. High risk would be a facility that prepares food that needs to be cooled, heated, or stored, with specific guidelines according to the CRFC. Low risk would be an establishment that serves prepackaged foods and fountain drinks. The numerical total defines the frequency of inspection; either three, two, or one inspection annually. Registered Environmental Health Specialists All food facility inspectors (specialists) are certified, licensed, Registered Environmental Health Specialists (REHS), by the State of California, Department of Health Services, Environmental Health Section. A Bachelor’s Degree in Biological Sciences is required of all specialists in order to facilitate their understanding of the Health and Safety Codes. If a course of study does not meet California’s requirements, an applicant can be given up to 36 months to complete and pass any additional requirements, while working as an REHS in training. 2017-2018 Kern County Grand Jury 173 REHS Positions FY 2017-2018 TITLE Funded Filled REHS in Training 6 6 REHS I 1 1 REHS II 1 1 REHS III 13 11 REHS IV 5 5 Tech I * 1 1 Tech II * 4 4 *can only assist specialist Inspection Process In 2006, the Kern County Board of Supervisors approved a food facility grading system for all permanent food establishments. A specialist assigns a letter grade of “A,” “B,” or “C.” The Division has established routines to accomplish this requirement, pursuant to CRFC §113725(a), “The enforcement agency shall utilize a standardized food facility inspection format for food facility inspections . . . .” Letter Grade System Letter Grade Color Number (Posted) Standards Grade 90 to 100 Good food handling practices and overall food facility Blue points A maintenance and sanitation. 80 to <90 Adequate food handling practices and overall food facility Green B points maintenance and sanitation. 75 to <80 Minimally acceptable food handling practices and overall food facility Yellow C maintenance and sanitation. A mandated re-inspection points will be conducted in seven (7) days. Poor food handling practices and overall food facility maintenance and 0 to <75 Notice sanitation. The facility shall be immediately closed. The Environmental Health Red Of points Closure Permit will be suspended and a Notice of Closure will be posted until the Environmental Health Permit is reinstated. Specialists inspect and monitor all food handling operations at a variety of food service facilities. The CRFC states, “Food Facility means an operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption at the retail level. Food facilities permanent and non-permanent include, but are not limited to, public and private school cafeterias, restricted food service facilities, licensed health care facilities, commissaries, mobile food facilities, mobile support units, temporary food facilities, vending machines, and certified farmers’ markets.” 2017-2018 Kern County Grand Jury 174 Routine inspections are randomly assigned without advance notice, by a computer. Upon arrival a specialist communicates directly with the supervisor of the facility before commencing the inspection. Violations will be recorded, and a letter grade will be posted before departure. Inspection reports are entered into the Division database at the close of business each day, and are available through the Safe Diner App, and website. Complaints or reports can trigger an inspection. Response time to a complaint depends on the risk factor for public safety. It can range from immediate to seven days. During Fiscal Year 2016-2017, there were 3,594 permits issued to various food service institutions. There were 8,085 letter grades issued during the same time period, and 98.1% of all grades given were A’s. Letter Grade/Number Issued A 7933 B 139 C 13  Inspections resulted in 46 closures, averaging 3.8 per month. Major violations of health issues warrant a closure, i.e., no water or non-working water heater. A closure can also occur due to an accumulation of smaller issues (See Appendix B).
• CO14
  If an establishment does not meet the required 75+ points, the facility is closed immediately. The specialist documents with photos, and communicates with the Division supervisor, prior to closing the facility. Un-permitted Food Vendors A concern is un-permitted mobile or temporary food vendors. Many of these vendors operate in the late afternoon or weekends outside normal business hours. Another concern is that some vendors are transported from nearby counties in groups, set up on street corners or vacant properties, without any of the required safeguards for sanitary food handling. It is difficult for the Division to enforce permit requirements when facilities are mobile and operate outside normal locations. An enforcement sweep can be scheduled. Planned sweeps involve several specialists, technicians, law enforcement, and jurisdictional code enforcement officers. Complaints from local businesses or the general public can trigger a sweep in a given area. Most of the sweeps are scheduled as overtime hours. It has been estimated the non-budgeted cost to the Division yearly for un-permitted enforcement is $10,000. Any cost to other participating agencies are not included in this estimate. The greater concern to the general public is the risk of food-borne illness due to improper food handling. Without proper heating or cooling of food, hot water for hand-washing or sterilization of utensils, and other requirements, the public is at risk. 2017-2018 Kern County Grand Jury 175 When un-permitted vendors are discovered, specialists dispose of the food products and issue a “cease and desist” order, and/or a citation. No other immediate action is taken. Vendors are closed down because of unsafe food handling practices, and sometimes do re-open after the specialist leaves, continuing to operate un-permitted. The CRFC §114395 states, “Except as otherwise provided in this part, any person who violates any provision of this part or regulation adopted pursuant to this part is guilty of a misdemeanor. Each offense shall be punished by a fine of not less than twenty-five ($25) or more than one thousand dollars ($1,000) or by imprisonment in the county jail for a term not exceeding six month, or by both fine and imprisonment.”
• CO15
  The Kern County Board of Supervisors and the Public Health Services Department should post a copy of this report where it will be available for public review.
• CO16
  Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury
• CO17
  Kern County Superintendent of Schools, Camp KEEP Ocean, and Camp KEEP at Cambria Pines should post a copy of this report where it will be available for public review.
• CO18
  Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury.
• CO19
  The Tehachapi Unified School District should post a copy of this report where it will be available for public review.
• CO20
  The Grand Jury would like to thank the staff for their time and information. RECOMMENDATIONS: R1. The District should make access to the meeting room ADA compliant. Lighting and a safe walkway should be provided from the parking area to the meeting room. (Findings 1, 2, and 3) R2. The District should provide an amplification system during Board Meetings. (Finding 4) 2017-2018 Kern County Grand Jury NOTES:  The Vineland School District should post a copy of this report where it will be available for public review.  Persons wishing to receive an email notification of newly released reports may sign up at: www.kerncounty.com/grandjury  Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.kerncounty.com/grandjury RESPONSE REQUIRED WITHIN 90 DAYS: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, SUITE 212 BAKERSFIELD, CA 93301 CC: FOREPERSON KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301 2017-2018 Kern County Grand Jury APPENDIX A: From the Vineland School District website: http://vineland.k12.ca.us/ 2017-2018 Kern County Grand Jury