2012-2013 Santa Clara County Civil Grand Jury Report Oversight of Food Truck Operations by the Department of

Conclusions 5

• CL1 Page 10
  Trucks’ daily use of the commissaries is important to ensure that they are cleaned and serviced to avoid health hazards.
• CL2 Page 10
  Official Inspection Reports do not identify the commissary associated with a Truck.
• CL3 Page 10
  The Consumer Protection Division has no record of where a particular Truck parks overnight.
• CL4 Page 10
  It can be difficult for CPD inspectors to locate a Truck in the field for random inspections.
• CL5 Page 9
  Oversight of Truck operations in Santa Clara County is the responsibility of the CPD. There are approximately 350 Trucks operating in Santa Clara County. Trucks have DEH permits and commissary agreements. The use of commissaries is important to ensure that Trucks are clean and to avoid critical health hazards. Three major commissaries are the single point of operation for most of the Trucks in the county. The EHS submits paper Truck inspection reports for subsequent entry into the inspections database. The CPD is preparing for a tablet-based online Inspection reporting process by 2014. Trucks are difficult for the EHS to locate for random inspections or confirm that they stay at a commissary on a daily or nightly basis. The County needs to explore better ways to locate Trucks via tracking technology to enhance their ability to conduct random inspections and confirm where Trucks are commissaried overnight. 9 Findings and Recommendations Finding 1 Trucks’ daily use of the commissaries is important to ensure that they are cleaned and serviced to avoid health hazards. Recommendation 1 The County should evaluate methods to determine if Trucks are using commissaries daily. Finding 2 Official Inspection Reports do not identify the commissary associated with a Truck. Recommendation 2 The County should ensure that an OIR includes the commissary identification so that violations that could potentially implicate the commissary can be identified. Finding 3 The Consumer Protection Division has no record of where a particular Truck parks overnight. Recommendation 3 The County should continue to explore tracking technologies such as GPS for Trucks, to ensure they are parking at a commissary or another approved facility overnight. Finding 4 It can be difficult for CPD inspectors to locate a Truck in the field for random inspections. Recommendation 4 The County should continue to explore tracking technologies such as GPS for Trucks to enhance CPD’s ability to conduct random inspections. 10 Appendix A – Documents Reviewed Mobile Food Facility Requirements http://www.sccgov.org/sites/deh/Consumer%20Protection%20Division/Laws,%20Policie s%20-%20Legal%20Issues/Pages/Mobile-Food-Facility-Req's.aspx Food Recalls, Notices and Alerts http://www.sccgov.org/sites/deh/Consumer%20Protection%20Division/Food%20Recalls ,%20Notices%20-%20Alerts/Pages/default.aspx Santa Clara County Food Safety http://www.sccgov.org/sites/deh/Consumer%20Protection%20Division/Laws,%20Policie s%20-%20Legal%20Issues/Pages/Food-Safety.aspx Food Inspection Report http://www.sccgov.org/sites/deh/Consumer%20Protection%20Division/Laws,%20Policie s%20-%20Legal%20Issues/Pages/Food-Inspection-Report.aspx SCC Environmental Resources Agency, Dept of Environmental Health, Consumer Protection Division report to the BOS on inspections of retail food establishments dated May 25, 2005 California Retail Food Code http://www.cdph.ca.gov/services/Documents/fdbRFC.pdf Communicable Diseases in California 2001-2008 http://www.cdph.ca.gov/data/statistics/Pages/EpiSummariesCDsCA-01-08.aspx Yearly Summary Reports of Selected General Communicable Diseases in California http://www.cdph.ca.gov/data/statistics/Pages/CD-YearlyTables.aspx California Department of Public Health http://www.cdph.ca.gov/Pages/DEFAULT.aspx Guidelines for Access to Public Records http://www.cdph.ca.gov/Pages/PublicRecords.aspx Food-Borne Illness: A Moving Target http://www.sanmateocourt.org/documents/grand_jury/2011/food_borne_illness.pdf FDA : What You Need To Know About Food-Borne Illness-Causing Organisms in the U.S. http://www.fda.gov/Food/ResourcesForYou/Consumers/ucm103263.htm FDA: Recalls Within Last 60 Days http://www.fda.gov/Safety/Recalls/default.htm FDA: Bad Bug Book http://www.fda.gov/downloads/Food/FoodSafety/FoodborneIllness/FoodborneIllnessFoo dbornePathogensNaturalToxins/BadBugBook/UCM297627.pdf FDA: Produce Safety Activities http://www.fda.gov/Food/FoodSafety/Product- SpecificInformation/FruitsVegetablesJuices/FDAProduceSafetyActivities/default.htm FDA: Playing it Safe With Eggs http://www.fda.gov/downloads/Food/ResourcesForYou/Consumers/UCM278445.pdf Scientific Publications by FDA Staff http://www.accessdata.fda.gov/scripts/publications/search_result_record.cfm?id=40939 11 Appendix A – continued FDA Produce Safety http://www.fda.gov/Food/FoodSafety/Product- SpecificInformation/FruitsVegetablesJuices/FDAProduceSafetyActivities/ucm174086.ht m Escherichia Coli 0157:H7 E.coli http://www.cdph.ca.gov/HealthInfo/discond/Documents/Escherichia%20coli%20O157% 20H7%20%20%20E%20coli%20O157%20H7.pdf http://www.cdph.ca.gov/HealthInfo/discond/Pages/EscherichiacoliO157H7.aspx http://www.cdph.ca.gov/data/statistics/Documents/ESCHERICHIA%20COLI%20O157.p df FDA: Food Facts Listeriosis http://www.fda.gov/Food/ResourcesForYou/Consumers/ucm079667.htm http://www.fda.gov/Food/ResourcesForYou/Consumers/ucm085503.htm http://www.fda.gov/Food/FoodSafety/FoodborneIllness/FoodborneIllnessFoodbornePath ogensNaturalToxins/BadBugBook/ucm070064.htm http://www.cdph.ca.gov/HealthInfo/discond/Pages/Listeriosis.aspx CDPH: Salmonella http://foodpoisoning.pritzkerlaw.com/archives/salmonella-mango- salmonella-outbreak-strikes-california.html http://www.foodsafetynews.com/2012/09/california-cantaloupes-recalled-over- salmonella-test/ http://www.cdph.ca.gov/healthinfo/discond/Pages/Salmonellosis.aspx Restaurant Grading, Hygiene http://are.berkeley.edu/~sberto/restaurants.pdf NYC: http://www.nyc.gov/html/doh/downloads/pdf/rii/restaurant-grading-faq.pdf http://www.nyc.gov/html/doh/downloads/pdf/rii/self-inspection-worksheet.pdf http://www.nyc.gov/html/doh/downloads/pdf/rii/guide-condition-levels.pdf 12 Appendix B – Environmental Health Permit 13 Appendix C- Mobile Food Facility (MFF) Definition 14 Appendix D – Mobile Food Facility (MFF) Self Inspection Checklist 15 Appendix E - Commissary Agreement 16 Appendix F - Department of Housing and Community Development Insignia 17 Appendix G - OIR 18 19 Appendix H - Permit Application and Certification Statement, County Dept. of Environmental Health 20 21 Appendix I – Acronyms Grand Jury 2012-2013 Santa Clara County Civil Grand Jury DHCD California State Department of Housing and Community Development DEH Santa Clara County Department of Environmental Health CPD Santa Clara County Department of Environmental Health, Consumer Protection Division EHS Environmental Health Specialist OIR CPD Official Inspection Report MFF (Trucks) Mobile Food Facility BOS Santa Clara County Board of Supervisors LPG Liquid Propane Gas DMV California Department of Motor Vehicles ANSUL Company name - acronym derived from ANhydrous SULfur dioxide (SO2) AF Commissary Approved Facility 22 This report was PASSED and ADOPTED with a concurrence of at least 12 grand jurors on this 11th day of June, 2013. Steven P. McPherson Foreperson Lyn H. Johnson Foreperson pro tem Chester F. Hayes Foreperson pro tem Francis A. Stephens Secretary 23

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