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I too have lived in the third world. But I also have cooked in a commercial setting for immune-compromised people, where I found health department guidelines enormously valuable. > You're implying that the primary reason restaurants aren't making people sick, en masse, is because of rules and regulations. No. The primary reason restaurants aren't making people sick is good hygiene all along the food supply chain. But good hygiene isn't easy. It gets harder the more industrial your operation gets. And short-term financial incentives cut against it, especially when you're working at scale. I will happily eat from one of the probably-unlicensed hot dog carts in my neighborhood because a) I can inspect their kitchen, b) I see them around and so can know who's got a track record, c) I can see who's moving a lot of product, and d) they just can't carry a lot of inventory. But I won't be nearly as casual with restaurants, because there is so much more opportunity for poor hygiene to impact food. Happily, I live in San Francisco, a city with vigorous restaurant inspection, one where the scores are posted physically in every restaurant. Here, I'll try new restaurants at the drop of a hat, because I'm not worried about shitting my guts out, something that happened to me repeatedly in my third-world eating adventures. My folks, who lived in Mexico for many years years, had a complicated set of heuristics around where to go and what dishes were most likely to be safe. Nobody in SF does that. Your theory is that this is terrible for restaurateurs trying to do new things, but San Francisco is one of the best food cities in the world, with new, bold things opening frequently and often doing quite well. Unregulated sanitation strongly advantages chains, because people know they're getting a safe product. Strongly regulated sanitation enables entrepreneurs, because it removes safety from consideration when looking at a new restaurant. People opening restaurants here complain about many barriers, but I've never heard one grumble about health code regulation. It's mostly what good cooks do anyhow, so they're happy to be held to a high standard, especially if it disadvantages competitors who would otherwise be cutting corners. |
Arguably the biggest issue with the regulations is that they're overreaching and extensive to the point that if somebody wants to find a violation, they probably can. And many have very little positive effect. In California the 'CalCode' [1] for food regulations alone is 188 pages of random rules, which regularly change. And that is not an all inclusive document. It regularly references not only itself but also other sources. If you actually put all the rules in their verbose and clear form together, it would likely exceed a thousand pages. And you get these dense rules like:
"FOOD prepackaged in a FOOD FACILITY shall bear a label that complies with the labeling requirements prescribed by the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)), 21 C.F.R. 101-Food Labeling, 9 C.F.R. 317-Labeling, Marking Devices, and Containers, and 9 C.F.R. 381-Subpart N Labeling and Containers, and as specified under Sections 114039 and 114039.1. [...Skipping several more lines of rules, this for this single rule...] Except as exempted in the Federal Food, Drug, and Cosmetic Act Section 403(Q)(3)-(5) (21 U.S.C. Sec. 343(q)(3)-(5), incl.), nutrition labeling as specified in 21 C.F.R. 101-Food Labeling and 9 C.F.R. 317 Subpart B Nutrition Labeling."
And that's just one segment of the regulations. If by some miracle you manage to obey every single rule down to the dime in the Calcode, there's then hundreds of other pages of rules and regulations you need to obey. And as mentioned many of these things are completely arbitrary. How deep a sink do you think you need to wash the utensils in a food cart? Would 9 inches do? Obviously that'd be way more than enough, yet that'd be a violation of CalCode giving them sufficient cause to find and/or shut down your business. Some politician somewhere at some time decided all sinks must be at least 10 inches deep. Why? No good reason. Instead of creating common sense regulation, rules and regulations inevitably converge on these obtuse rules. Instead it could be that all utensils and instruments used in food preparation need to be able to be fully cleaned on site. But that'd be too logical.
This is all an enormous burden on individuals starting businesses and serves little purpose other than ensuring we're left with chains and perhaps your 'bold' restaurants, which I assume boils down to a euphemism for overpriced outlets primarily targeting yuppies. It's much easier to afford the full size legal team necessary to navigate all this mess when you have a 4 figure markup on your product!
[1] - http://www.emd.saccounty.net/EH/Documents/Calcode2017.pdf