FOOD SERVICE OPERATOR CERTIFICATION

Oklahoma City Municipal Code ch. 21, art. VII, div. 2

in effect

Oklahoma City Municipal Code § 21-351 Purpose.

§ 21-351. - Purpose. The purpose of this division is to require training and certification of supervisory personnel of food service establishments, so that supervisory personnel shall have knowledge of safe techniques for storage, preparation, display and service of foods with the underlying purpose of preventing foodborne illness and protecting the public health and so that supervisory personnel shall have knowledge to train employees under their supervision regarding same. (Code 1980, § 21-234)

Oklahoma City Municipal Code § 21-352 Definitions.

§ 21-352. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Supervisory personnel means the certificate holder, individuals having supervisory or management duties and any other person working in a food service establishment who may be in charge of its operation. (2) Food means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. (3) Food service establishment means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes those establishments which are covered by the permit, license or certificate requirement of the Food Service Sanitation Ordinance of the City adopted in Section 21-321. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, the location of food vending machines, and supply vehicles. (4) Food service operators update course means a minimum of three hours review and update referring back to original course outlined in Section 21-356(2) and approved by the regulatory authority. (5) Law includes Federal, State and local statutes, ordinances, and regulations. (6) Numerous critical violations means violation of three or more items having a demerit value of four or more points each, on any inspection, and action to abate has not been taken within two weeks. (7) Packaged means bottled, canned, cartoned, or securely wrapped. (8) Person includes any individual, partnership, corporation, association, or other legal entity. (9) Person in charge means the individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge. (10) Regulatory authority means the State and/or local enforcement authority or authorities having jurisdiction over the food service establishment. (11) Repeated violation means violation of the same item on three consecutive inspections. (12) Temporary means a food service establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration. (Ord. No. 17550, § 1(16-139), 2-21-84; Code 1980, § 21-235)

Oklahoma City Municipal Code § 21-353 Certification required.

§ 21-353. - Certification required. Except as provided in Section 21-355, it shall be unlawful for any person owning, operating or managing any food service establishment within the City to fail to employ or fail to keep in his employment at least one certified food service operator who is a full-time supervisory personnel employee of said establishment and who has a valid and current food service operator's certificate as issued by the Director or his authorized representative. A certified operator must be an on-site employee and only use his/her certificate at that location. (Ord. No. 17550, § 1(16-140), 2-21-84; Code 1980, § 21-236)

Oklahoma City Municipal Code § 21-354 Terminating or transferring employment, compliance.

§ 21-354. - Terminating or transferring employment, compliance. Whenever the food service operator holding the certificate terminates employment, is terminated, or is transferred to another food establishment, the person owning, operating or managing the food establishment shall be allowed 30 days from the date of termination or transfer of the certificate holder to comply with this division. The person owning, operating or managing the food establishment shall have ten days to notify the regulatory authority in writing of termination or transfer of the supervisory personnel certificate holder. (Ord. No. 17550, § 1(16-140), 2-21-84; Code 1980, § 21-237)

Oklahoma City Municipal Code § 21-355 Exemption.

§ 21-355. - Exemption. (a) A food service operator's certificate shall not be required of food service establishments which are exempt from the permit requirement of the Food Service Sanitation Ordinance as adopted in Section 21-321. Exemption shall also include establishments providing only beverages and/or prepackaged foods, temporary food service establishments and establishments that do not engage in preparation of food. (b) Exempted establishments shall be required by the regulatory authority to obtain certification if there are numerous critical or repeated food code violations in said establishment, or in the judgment of the regulatory authority, the nature of the operation requires food service operator certification. (c) Notification or changes to the exemption status of an establishment will be made in writing to the owner, manager or person in charge of said establishment. (Ord. No. 17550, § 1(16-141), 2-21-84; Code 1980, § 21-238)

Oklahoma City Municipal Code § 21-356 Issuance of certificate.

§ 21-356. - Issuance of certificate. A food service operator's certificate shall be issued to anyone who submits the required fee and application to the City regulatory authority, and: (1) provides evidence of certification by an agency or organization who has on file with the United States Food and Drug Administration a statement of intent for reciprocity of certified food service operator training and food protection attested to by an official of the United States Food and Drug Administration; or (2) shows evidence of completion of a course of study which meets the course content requirements set forth in DHEW Publication (FDA) 76-1009 issued by the United States Food and Drug Administration, attested to by the Oklahoma State Department of Environmental Quality, and achieves the required minimum score of 75 points out of a possible 100 points on a written examination approved by the Oklahoma State Department of Environmental Quality. An applicant who fails to achieve a minimum score of 75 on the written examination may repeat the examination one time without repetition of the certification course. If an applicant fails to pass the examination for certification the second time, the applicant must repeat the course of training before taking another examination, or he/she may appeal to the panel for a hearing as provided for in Section 21-359 of this division. The panel, after reviewing the credentials and past records of the individual, may, on rare occasions, issue a one-year certificate par excellence to allow the individual time to prepare to successfully pass the examination; or (3) he may challenge the course by paying a fee and taking and successfully passing a test approved by the State Department of Environmental Quality and administered by the regulatory authority. The amount of such fee shall be as established in Chapter 60, the General Schedule of Fees. If the applicant fails to pass the examination, he/she must complete an approved training course before taking another examination. (Ord. No. 17550, § 1(16-142), 2-21-84; Code 1980, § 21-239)

Oklahoma City Municipal Code § 21-357 Term of certification.

§ 21-357. - Term of certification. Unless revoked by the regulatory authority, a food service operator's certificate shall be valid for three years from the date of issuance. The expiration date will be written on each certificate issued. A person who was certified by another agency or organization as provided for in Section 21-356(1) shall be certified for the unused time of his present certificate, but in no case shall it exceed three years. (Ord. No. 17550, § 1(16-143), 2-21-84; Code 1980, § 21-240)

Oklahoma City Municipal Code § 21-358 Renewal of certification.

§ 21-358. - Renewal of certification. (a) A holder of a food service operator's certificate who desires to renew the certificate must attend an approved food service operator's update course within the six-month period prior to the date of expiration of the certificate and submit the required fee and application along with proof of completion of an approved update course to the City regulatory authority prior to the date of expiration of the certificate, or by Section 21-356(3). (b) Provided that the applicant meets the requirements of Subsection (a) and has not had numerous critical violations as a result of his negligence in the food service establishment where the applicant acts in a supervisory capacity, or has not tried to interfere with the regulatory authority in the performance of its duty, and has not been fraudulent in this application or the use of the certificate, the regulatory authority shall reissue a food service operator's certificate for a subsequent three-year period. If the regulatory authority refuses to reissue a certificate, the applicant shall have the right to the hearing process as provided for in Section 21-359. (Ord. No. 17550, § 1(16-144), 2-21-84; Code 1980, § 21-241)

Oklahoma City Municipal Code § 21-359 Revocation of certificate.

§ 21-359. - Revocation of certificate. (a) The regulatory authority may, after providing opportunity for hearing, revoke a food service operator's certificate for numerous critical violations of the Food Service Sanitation Ordinance as adopted in Section 21-321, or for interference with the regulatory authority in the performance of its duty, or for a fraudulent statement on the holder's application, or for fraudulent use of the certificate. (b) The hearings provided for in this division shall be conducted before a three-member panel composed of one representative from the Board of Health, one representative from the food service industry selected by the Oklahoma Restaurant Association, and one representative to be selected by the Mayor. (c) Prior to revocation, the regulatory authority shall notify, in writing, the holder of the certificate, the person in charge of the food service establishment, and the person owning, operating or managing the food service establishment of the specific reason(s) for which the certificate is to be revoked and the certificate shall be revoked at the end of the ten days following service of such notice unless a written request for hearing is filed with the regulatory authority within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the certificate becomes final. (d) A notice provided for in this division is properly served when it is delivered to the holder of the certificate, the person in charge of the food service establishment, and the person owning, operating or managing the food service establishment, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the certificate, the person in charge of the food service establishment, and the person owning, operating or managing the food service establishment. A copy of the notice shall be placed in the records of the regulatory authority. (e) The hearings provided for in this division shall be conducted by the panel at a time and place designated by it. Any oral testimony given at the hearing shall be recorded verbatim, and the presiding officer shall make provision for sufficient copies of the transcript for all parties. The panel shall make a final finding based upon the complete hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the certificate and the owner of the food service establishment by the panel. (f) Any operator or employee whose certificate has been revoked as provided in this section may appeal from such action to the District Court having jurisdiction of the parties hereto. Upon such appeal, the matter shall be tried de novo. (g) Whenever a revocation of a certificate has become final, the holder of the revoked certificate may make written application for a new certificate after a six-month waiting period from the date of the revocation and after repeating an approved course as outlined in Section 21-356(2) of this division. (Ord. No. 17550, § 1(16-145), 2-21-84; Code 1980, § 21-242)

Oklahoma City Municipal Code § 21-360 Display of certificate.

§ 21-360. - Display of certificate. The food service operator's certificate shall be prominently posted in the establishment. (Ord. No. 17550, § 1(16-146), 2-21-84; Code 1980, § 21-243)

Oklahoma City Municipal Code § 21-361 Certificate not transferable.

§ 21-361. - Certificate not transferable. A food service operator's certificate is not transferable from one to another person. (Ord. No. 17550, § 1(16-146), 2-21-84; Code 1980, § 21-244)

Oklahoma City Municipal Code § 21-362 Fees.

§ 21-362. - Fees. There is hereby levied a fee for the certificate required by the provisions of this division in the amount established in Chapter 60, the General Schedule of Fees. (Ord. No. 17550, § 1(16-146), 2-21-84; Code 1980, § 21-245)

Oklahoma City Municipal Code § 21-363 Penalty for violation.

§ 21-363. - Penalty for violation. Any person, or responsible officer of that person, who shall violate any provision of this division, and any person who shall hold a food service operator's certificate who does not comply with the requirements of this division, shall, upon conviction thereof, be guilty of an offense against the City. Each offense, and each and every day such violation continues, shall constitute a separate offense. (Ord. No. 17550, § 1(16-149), 2-21-84; Code 1980, § 21-246)

Oklahoma City Municipal Code § 21-364 Injunctive relief.

§ 21-364. - Injunctive relief. In addition to and cumulative of all other penalties, the City shall have the right to seek injunctive relief for any or all violations of this division. (Ord. No. 17550, § 1(16-150), 2-21-84; Code 1980, § 21-247)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH21FOBE_ARTVIIRE_DIV2FOSEOPCEFetched: 10/28/2026