Restaurant patrons might think that an establishment would be required to notify public health officials if diners get sick after eating their food, but currently the California Department of Public Health only encourages restaurants to report such instances.

Some Bay Area residents told KTVU they feel this lack of a legal requirement presents a gap in food safety.

According to Centers for Disease Control and Prevention, 3,000 people in the U.S. die from food borne diseases every year. And additional 128,000 people are hospitalized and 48 million get sick. That number represents one out of every six people in the country.

However, the California Retail Food Code still does not require restaurants to report alleged cases of food borne illnesses that customers, even in groups, bring to their attention.

Keith Shanklin told KTVU his party of 19 got sick after eating at a Hometown Buffet in the East Bay. A spokesman for the Alameda County Health Department said Shanklin notified them about the incident, but he found out that the restaurant never did.

"I think it should be their standard operating procedure," said Shanklin. "If somebody complains then they should automatically notify the public health."

Hometown Buffett never returned KTVU's call to answer questions and the health department said its investigation is still pending.

An incident at Delfina in San Francisco in December of last year also showed health officials are sometimes unaware of actual cases of food borne illness.

City officials said a group rented out the upscale restaurant for a holiday party and more than a dozen people became ill. But neither the restaurant nor the patrons notified the health department. Instead, it was a reporter who notified the health department.

"From our perspective, it's common sense," said San Francisco Health Officer Dr. Tomas Aragon. "If people are getting sick, you should pick up the phone and tell somebody."

Aragon said in the case at Delfina, it appeared a caterer brought in tainted lettuce. The owner of the restaurant declined to be interviewed on camera.

Dr. Aragon said the lack of communication between the restaurant and the health department is a concern, but he didn't believe it showed a gap in food safety.

Rick Powers runs one of the oldest and busiest establishments in San Francisco, the Tadich Grill.

"I've been the general manger for three years and maybe I've fielded maybe two calls," said Powers.

His customers said the Tadich also one of the cleanest and the San Francisco Health Department agrees. The Tadich Grill has received perfect scores the last three years.

Powers said from his perspective, restaurants across the state should not be mandated to report every alleged food poisoning complaint.

Executive Director of the Golden Gate Restaurant Association Rob Black felt the same way. He said it is too hard to enforce, because more often than not the complaints come in too late.

"It would be very difficult for customer to know where the contamination came from, whether it was from their own home, or where they had breakfast lunch or dinner [during] the last three days," said Black.