I make this declaration of my own knowledge. If called to testify, I can and will testify as stated herein. Starting in August, 2020, I began working as a paralegal with the Law Office of Yolanda Huang.
Prior to my work as a paralegal, I had almost six (6) years of experience working in food services, including large scale, fast paced, commercial food preparation. That line of work was curtailed due to the COVID-19 pandemic. In several of my positions I was a supervisor responsible for maintaining quality control, for maintaining impeccable sanitation and organization standards. A true and correct copy of my resume is attached as Exhibit A.
I am certified as a Professional Food Manager, and am accredited by ANSI, the American National Standards Institute. Attached as Exhibit B is a true and correct copy of my certificate. As a Professional Food Manager, I have been trained, and am familiar with the California Retail Food Code, as it applies to commercial food preparation facilities. The California Retail Food Code consists of Sections 113700 through 114437 of the California Health and Safety Code. Throughout the California Retail Food code, it refers to the ANSI standards. For example, Section 113948(b) specifically states that a food handler card is obtained from an ANSO accredited trainer provider. 3. Local jails are regulated by Cal. Code of Regs 15. Cal. Code of Regs 15 §§1230, 1245 require that jail food facilities meet the requirements of the California Retail Food Code for sanitation, food preparation, service and storage.
“(a) Kitchen facilities, sanitation, and food preparation, service, and storage shall comply with standards set forth in Health and Safety Code, Division 104, Part 7, Chapters 1-13, Sections 113700 et seq. California Retail Food Code.” Cal code Regs., tit. 15, § 1245”
The California Retail Food Code are the same standards that I had to learn in order to obtain my license, and these are the same standards which I applied, as the manager of commercial food facilities.
Currently California Code requires that all manual warewashing sinks have three compartments to permit, washing, rinsing and sanitizing. H&S Code §114099(a). The exceptions are for facilities in place prior to January 1, 1996. H&S Code §114099(c). And even then, the smallest configuration permitted is a two compartment sink. The purpose of the multiple compartments is to insure proper sanitation of used dishes and utensils. The code requires:
a. removing loose food either mechanically or with detergents, high pressure sprays or other methods;
b. washing in no less 100 degree water;
c. rinsing in clear water; and
d. sanitizing
From my interviews with women inmate kitchen workers at Santa Rita Jail, my understanding is that food is not effectively removed before washing, that food scraps end up in the wash water, contaminating and reducing the effectiveness of the washing; and there is no rinsing before the dishes are placed in the sanitizer and there is still food on the trays when they are placed in the sanitizer. All of these actions are violations of the requirements of California Code, and render the manual warewashing ineffective.
From my interviews with women inmate kitchen workers at Santa Rita Jail, my understanding is that food is not effectively removed before washing, that food scraps end up in the wash water, contaminating and reducing the effectiveness of the washing; and there is no rinsing before the dishes are placed in the sanitizer and there is still food on the trays when they are placed in the sanitizer. All of these actions are violations of the requirements of California Code, and render the manual warewashing ineffective. H&S Code §114099.1 — 114099.2 Furthermore, having food scraps introduced into the sanitizer reduces the effectiveness of the sanitizer, and can often cause sanitizer malfunctions. As a result, the food trays at Santa Rita Jail are not properly cleaned with food debris remaining in the plastic trays. To simply reload new food on top of food debris is not an acceptable food facility practice. This results in an unsanitary and code violating conditions, and can cause health distress among the food consumers.
As a result, the food trays at Santa Rita Jail are not properly cleaned with food debris remaining in the plastic trays. To simply reload new food on top of food debris is not an acceptable food facility practice. This results in an unsanitary and code violating conditions, and can cause health distress among the food consumers.
Health and safety Code §114259 specifically states that “A food facility shall at all times be constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, and including, but not limited to, rodents and insects.” It is not acceptable that mice, rats, cockroaches and birds clearly habitate in the Santa Rita Jail. The fact that baby mice are found in the kitchen indicates that these issues are long standing, and the rodents are so established that they are now reproducing inside the kitchen. [Dec. E. Reeves ¶11]
A significant contributor to the problem of birds and rodents living in the kitchen, and the kitchen’s inability to remove or eradicate the problem is that the kitchen is not closed to the outside. That is the primary directive of Cal H&S §114259. Instead, the Santa Rita Jail kitchen only has sheets of plastic hanging from the ceiling, which do not even reach the ground, separating the kitchen from the outside. [Dec. E. Reeves ¶10] This set-up provides easy access for birds and rodents, and when there is warmth, water and plentiful food, then Santa Rita kitchen is an irresistible habitat for animals and insects, as is apparently the case. Santa Rita Jail will never be able to control the problems of rodents unless it secures its kitchen from the outside. Leanna Zamora’s declaration also states that there are holes in the walls that harbor rodents — these should be sealed. [Dec. L Zamora ¶ _11]
It is not acceptable that mice, rats, cockroaches and birds clearly habitate in the Santa Rita Jail. The fact that baby mice are found in the kitchen indicates that these issues are long standing, and the rodents are so established that they are now reproducing inside the kitchen. A significant contributor to the problem of birds and rodents living in the kitchen, and the kitchen’s inability to remove or eradicate the problem is that the kitchen is not closed to the outside.
The next easily resolvable issue is the improper storage of food. To deter animals, including rodents all food, including used food on dirty trays, must be kept off the floor, and away from the wall. When we had an issue with rodents due to nearby construction, at Julie’s Coffee and Tea Garden, my first action was to move all food 15 inches away from the wall and higher up off the floor. As well as to install bait traps and to seal off exterior points of entry into the structure. The fact that Ebony Reeves states in her declaration that mice are in the condiments in the kitchen, indicates improper storage. Also the fact that food trays are stored in linen closets or other areas not appropriate for food storage, in the housing units, is another reason, why mice have infested the jail, having moved with the food carts from the kitchen into the housing units. [Dec. L. Zamora ¶14-16]
The treatment for cockroaches is also essential. No commercial food preparation facility should habor cockroaches. This is required by California’s Health and Safety Code.
“A food facility shall at all times be constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects.” Cal. Health & Safety Code, § 114259. “The premises of each food facility shall be kept free of vermin.” Health & Safety Code, § 114259.1
The treatment for cockroaches is also essential. No commercial food preparation facility should habor cockroaches. This is required by California’s Health and Safety Code…. Cockroach infestation is an imminent health hazard that can result in temporary closure of a commercial food operation.
Cockroaches are carriers of bacteria1, cause gastroenteritis and other gastro ailments including diarrhea. According to the EPA, within and on the surface of their bodies, cockroaches carry bacteria that can cause salmonella, staphylococcus and streptococus if deposited in food. Cockroaches produce a protein and their moltings may cause allergic reactions and worsen health problems such as asthma.2 Cockroach infestation is an imminent health hazard that can result in temporary closure of a commercial food operation. Old food, clutter and improper storage create ideal places to harbor cockroaches. Leaving dirty trays out overnight is a serious risk. The approach to eliminating cockroaches also requires maintaining proper food storage, sanitation, and eliminating access, in addition to extermination. Dirty surfaces on the line are not only an invitation to pests but represent a serious risk of cross-contamination. If what the women inmate kitchen workers state is true, the lines are frequently dirty, and are sometimes left in this state overnight until the next day. At minimum, counters and equipment surfaces should be wiped regularly with cloths that are held between uses in a chemical sanitizer solution.
If what the women inmate kitchen workers state is true, that trays which fall on the ground are simply picked up and placed back on tables for filing, or that upon finding rodent feces or cockroaches, the Aramark workers will merely pick off the feces or bugs and then serve the food, this is unacceptable and unsanitary practices, and must be curtailed immediately. The appropriate response is to separate and discard the contaminated food, not re-use it. Also, there should be no bare-hand contact with ready to eat foods.
If what the women inmate kitchen workers state is true, that trays which fall on the ground are simply picked up and placed back on tables for filing, or that upon finding rodent feces or cockroaches, the Aramark workers will merely pick off the feces or bugs and then serve the food, this is unacceptable and unsanitary practices, and must be curtailed immediately.
Another significant aspect of a well managed and functioning commercial food facility, is portion size control. This includes plating. When fulfilling large orders, it was common practice for my employers to weigh portions to ensure consistency and to maintain an accurate budget. Given the complaints of David Misch and other inmates about irregular portion size and missing items on their trays, Santa Rita Jail kitchen appears to have deficient quality control mechanisms for portion size, and plating.
1 Cockroaches as carriers of bacteria in multi-fmaily dwellings, A. Cloarec, C. Rivault, F. Fontaine and A. Le Guyader, Cambridge University Press, Vol. 109, 3, 2009