San Francisco County Municipal Code Art. 8 Food and Food Products

Sec. 385. Gathering, Sale, Etc., of Watercress Grown Near Sewer Outlets. Sec. 390. Manufacture, Etc., of Dangerous Food Adulterants. Sec. 391. Penalty. Sec. 396. Furnishing of Samples of Food Preservatives to Department. Sec. 397. Penalty. Sec. 402. Use of Paraffin in Preparation of Rice. Sec. 407. Conveyance of Bread, Etc., Through Public Streets. Sec. 412. Wire Screens, Etc., in Places Where Food is Sold. Sec. 417. Crabs, Shellfish, Etc. – Conditions, Preparations, Etc. Sec. 422. Vegetable Culture – Watering and Growing Agents. Sec. 423. Penalty. Sec. 428. Manufacture, Etc., of Food and Liquor. Sec. 429. Penalty. Sec. 434. Receipt and Delivery of Bread, Etc., at Bakeries, Stores, Etc. Sec. 435. Character of Receptacles. [Food Product and Marketing Establishments – Permits; Regulations] Sec. 440. Food Product and Marketing Establishments. Sec. 440.1. Inspection Before Issuance of Permit. Sec. 440.2. Permit Procedures. Sec. 440.3. Prohibition. Sec. 440.4. Sanitation of Premises. Sec. 440.5. Toilet and Handwashing Facilities to be Provided. Sec. 440.6. Authority to Make Rules, Etc. Sec. 441. Penalties and Enforcement. — Sec. 446. Sale of Bread For Other Than Human Consumption. [Food Preparation and Service Establishments – Permits; Regulations; Disclosure Requirements] Sec. 451. Food Preparation and Service Establishment. Sec. 452. Permit Required.

Sec. 452.1. Cottage Food Operations. Sec. 453. Diseased Employees. Sec. 454. Regulations. Sec. 456. Food Preparation and Service Establishment Disclosures. Sec. 456.1. Posting Requirements – Penalty for Noncompliance – Documents Available for Public Review. Sec. 456.2. Placard – Period of Validity. Sec. 456.3. Public Health Permit Suspension or Revocation – Notice of Closure. Sec. 456.4. Penalties and Enforcement. Sec. 456.5. Liens. — Sec. 456.6. Enforcement of Safe Drinking Water and Toxic Enforcement Act of 1986 and its Implementing Regulations; Requirement that Warnings Be Provided in English, Spanish, and Chinese. [Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment] Sec. 460. Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment Defined. Sec. 461. Permits. Sec. 462. Application – Investigation, Etc. Sec. 463. Application, Existing Establishments. Sec. 464. Grounds for Permit Revocations – Procedure. Sec. 465. Discretion of Officers, Etc. Sec. 466. Other Laws, Rules and Regulations. — Sec. 467. Food Vending Machines. [Nutrition Information Disclosure Requirements] Sec. 468. Purpose. Sec. 468.1. Findings. Sec. 468.2. Definitions. Sec. 468.3. Menu Labeling Required at Chain Restaurants. [Suspended.] Sec. 468.4. Nutrition Information Required to be Disclosed on Disclosure Media Other Than Menus, Menu Boards and Food Tags. [Suspended.] Sec. 468.5. Reporting Requirements. [Suspended.] Sec. 468.6. Penalties and Enforcement. [Suspended.] Sec. 468.7. Severability. [Suspended.] Sec. 468.8. Operative Date. [Suspended.] Sec. 468.9. Suspension of Ordinance. [Healthy Food Incentives Ordinance] Sec. 471.1. Findings. Sec. 471.2. Title and Purpose. Sec. 471.3. Definitions. Sec. 471.4. Incentive Items with Restaurant Food. Sec. 471.5. Administrative Penalties and Enforcement. Sec. 471.6. Preemption. Sec. 471.7. City Undertaking Limited to Promotion of General Welfare. Sec. 471.8. Severability. Sec. 471.9. Effective Date.

Editor's Note: The bracketed division headers in this Article have been provided by the editor as an aid for the user and are not official parts of the Code. SEC. 385. GATHERING, SALE, ETC., OF WATERCRESS GROWN NEAR SEWER

OUTLETS. No person shall gather, or sell, or offer for sale, or keep for sale, or give, or distribute, or otherwise dispose of any watercress, or any other edible herb or vegetable which has been, or is, or may be, growing within 1,000 feet of any sewer outlet, or any cesspool or any other place where stagnant water, or seepage, or other drainage, or any offensive matter, or any matter dangerous to health has, or may be accumulated. SEC. 390. MANUFACTURE, ETC., OF DANGEROUS FOOD ADULTERANTS. No person, firm or corporation shall manufacture, sell, expose for sale, give away, distribute or deliver or have in their possession, with intent to sell, expose for sale, give away, distribute or deliver, or cause to sell, expose for sale, give away, distribute or deliver any baneful or injurious substance intended to be used in the preservation of any article of food or drink for human consumption. SEC. 391. PENALTY. Any person, company or corporation violating any of the provisions of Section 390 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding $100, nor less than $25, or by imprisonment in the County Jail for a term not exceeding 100 days, nor less than 30 days, or by both such fine and imprisonment. SEC. 396. FURNISHING OF SAMPLES OF FOOD PRESERVATIVES TO DEPARTMENT. Every person, firm or corporation who shall manufacture, sell, expose for sale, give away, distribute, deliver or have in their possession, with intent to sell, expose for sale, give away, distribute or deliver, any mixture, compound or other substance intended to used in the preservation of any article of food or drink for human consumption is hereby required to furnish to the Department of Public Health on its demand a sample of said mixture, compound or other substance intended to be used in the preservation of any article of food or drink for human consumption. SEC. 397. PENALTY. Any person, company or corporation violating any of the provisions of Section 396 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding $100, nor less than $25, or by imprisonment in the County Jail for a term not exceeding 100 days, nor less than 30 days, or by both such fine and imprisonment. SEC. 402. USE OF PARAFFIN IN PREPARATION OF RICE. It shall be unlawful for any person, firm or corporation to use, or cause to be used, any oil, paraffin or other similar substance in the process of cleaning or preparing rice for market. SEC. 407. CONVEYANCE OF BREAD, ETC., THROUGH PUBLIC STREETS. It shall be unlawful for any person, company or corporation to carry, transport or convey, or to cause to be carried, transported or conveyed through the public streets in open baskets or exposed containers, or vehicles or otherwise, any bread, cakes or pastry intended for human consumption. SEC. 412. WIRE SCREENS, ETC., IN PLACES WHERE FOOD IS SOLD.

It shall be unlawful for any person, firm, association, or corporation, engaged in maintaining, conducting, carrying on, or managing a restaurant place, kitchen, meat market, fruit store, vegetable store, delicatessen store, bakery store, street vendor’s store, or any other place in which or where food is prepared, sold, or disposed of for human consumption, to maintain, conduct, carry on, or manage said place or store, except in the manner provided for in this Section 412. It shall be unlawful for any person, firm, association, or corporation to maintain, conduct, carry on, or manage a restaurant place or kitchen where foodstuffs are cooked or prepared for human consumption, unless the doors, windows, apertures, or other openings to the place where food preparation occurs are effectively enclosed with finely woven wire mesh screens. Dining areas and bars are not required to be enclosed, provided that no food preparation occurs there other than adding ingredients to a beverage or dispensing into a serving container when the beverage is prepared for immediate service in response to an individual consumer order. It shall be unlawful for any person, firm, association or corporation, between the hours of 9:00 a.m. and 6:00 p.m., to maintain, conduct, carry on or manage a meat market, fruit store, vegetable store, poultry store, delicatessen store or bakery store where food is offered for sale or disposed of for human consumption, unless all doors, windows, apertures and other openings to the premises or place where the business above mentioned is conducted, carried on, maintained or managed are tightly enclosed with finely woven wire mesh screens; and, furthermore, unless the food which is offered for sale or disposed of is kept within the doors of the store or place where said business is maintained, conducted, carried on or managed. Provided, however, that this Section shall not apply to those who sell or offer for sale fruit solely in original, covered or unbroken packages. It shall be unlawful for any person, firm, association or corporation to maintain, conduct, carry on or manage a street stand, whether stationary or movable, where is exposed for sale any food, candy or other edibles for human consumption, whether consumed at said stand or elsewhere, unless the said stand is furnished with tight glass cases, so as to protect said food, candy or other edibles from exposure to dirt, dust, flies or other insects. Provided that this Section shall not apply to fruit or vegetables exposed for sale in street stands, stationary or movable. It shall be unlawful for any person, firm, association or corporation to maintain, conduct, carry on or manage a street stand, whether stationary or movable, where is exposed for sale any fruit or vegetables, whether consumed at the said stand or elsewhere, unless the said stand is furnished, so as to protect said fruit and vegetables, with tight glass cases or finely woven wire mesh screens, mosquito netting, or other dirt, dust and fly proof covering, so placed over and about said fruit or vegetables as not to touch the same at any point. Nothing contained in this Section shall require those selling or offering for sale bananas, pineapples, oranges, limes, lemons, or other citrus fruits, or fruits or vegetables whose rind or skin must be removed before eating, to enclose said fruits or vegetables with any covering or to keep the same within the doors of the store or place where the same may be sold or offered for sale. (Amended by Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019) SEC. 417. CRABS, SHELLFISH, ETC. – CONDITIONS, PREPARATIONS, ETC. It shall be unlawful to send, bring or cause to be sent or brought into the City and County of San Francisco any live crabs, crawfish or other shellfish unless the same be in good healthy condition. It shall be unlawful to prepare for food for human consumption any crabs, crawfish or other shellfish which are not at the time of preparation alive or in good wholesome condition, or to sell, expose or offer for sale or have possession of the same. It shall be unlawful to send, bring or cause to be brought into the City and County of San Francisco any cooked crabs, crawfish or other shellfish, unless the same shall have been cooked for a period of not less than 40 minutes in boiling water at the time of preparation, and properly packed in ice while in transit to this City. SEC. 422. VEGETABLE CULTURE – WATERING AND GROWING AGENTS. It shall be unlawful for any person, firm or corporation to use human discharges or excrement, or any water containing any human discharges or excrement, or the waters of any well, spring, pond or creek, which receives the discharges of any sewer or drain, or which by any means whatever has become polluted with sewage discharges, for the purpose of irrigating or sprinkling vegetables used for human consumption. It shall be unlawful for any person, firm or corporation to bring into the City and County of San Francisco, or to produce, sell, offer for sale or have in his or their possession for sale for human consumption in the City and County of San Francisco, without first obtaining a license from the Department of Public Health, to produce, sell, or offer for sale, vegetables for human consumption; and further they shall also be required to have a certificate by the Department of Public Health that said vegetables are produced in a manner that does not violate any of the provisions of this Section, and that the same are being handled and transported in wagons and containers satisfactory to the Department of Public Health, and said wagons and containers shall bear the legend "Inspected by the Department of Public Health, San Francisco, California," before a license for their operation is issued.

SEC. 423. PENALTY. Any person, firm or corporation who shall violate any of the provisions of Section 422 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than $25 and not more than $500 or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprisonment. SEC. 428. MANUFACTURE, ETC., OF FOOD AND LIQUOR. The manufacture, production, preparation, compounding, packing, selling, offering for sale or keeping for sale within the City and County of San Francisco, or the introduction into this City from any other County, state, territory or the District of Columbia, or from any foreign country, of any article of food or liquor which is adulterated, mislabeled or misbranded within the meaning of this Section, is hereby prohibited. Any person, firm, company or corporation who shall import or receive from any other County, state or territory, or the District of Columbia, or from any foreign country, or who having so received shall deliver for pay or otherwise, or offer to deliver to deliver to any other person, any article of food or liquor adulterated, mislabeled or misbranded within the meaning of this Section, or any person who shall manufacture or produce, prepare or compound, or pack or sell, or offer for sale, or keep for sale in the City and County of San Francisco, any such adulterated, misbranded food or liquor shall be guilty of a misdemeanor; provided, that no article of food shall be deemed adulterated, mislabeled or misbranded within the provisions of this Section, when prepared for export beyond the jurisdiction of the United States and prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if such food shall be in fact sold, or kept or offered for sale for domestic uses and consumption, then this proviso shall not exempt said article from the operation of any provision of this Section. (a) Definition. The term food as used in this Section shall include all articles used for food, drink, liquor, confectionery or condiment by man or other animals, whether simple, mixed or compound. (b) Standard of Purity. The standard of purity of food and liquor shall be that proclaimed by the Secretary of the United States Department of Agriculture, where standards are not fixed by ordinance of the City and County of San Francisco. (c) Adulteration. Food shall be deemed adulterated within the meaning of this act in any of the following cases: (1) If any substance has been mixed or packed, or mixed and packed with the food so as to reduce or lower or injuriously affect its quality, purity, strength or food value; (2) If any substance has been substituted wholly or in part for the article of food; (3) If any essential or any valuable constituent or ingredient of the article of food has been wholly or in part abstracted; (4) If the package containing it or its label shall bear in any manner any statement, design or device whereby damage or inferiority is concealed; (5) If it contains any added poisonous or other added deleterious ingredient; (6) If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance, or any portion of an animal or vegetable unfit for food, whether manufactured or not, or if it is the product of a deceased animal, or one that has died otherwise than by slaughter; provided that an article of liquor shall not be deemed adulterated, mislabeled or misbranded if it be blended or mixed with like substance so as not to injuriously lower or injuriously reduce or injuriously affect its quality, purity or strength; (7) In the case of confectionery, if it contains terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug; (8) In the case of vinegar, if it be artificially colored; (9) If it does not conform to the standard of purity therefor as proclaimed by the Secretary of the United States Department of Agriculture, when not fixed by ordinance of the City and County of San Francisco. (d) Misbranding. The term "misbranded" as used herein shall apply to all articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food product which is falsely branded as to the county, city and county, city, town, state, territory, District of Columbia or foreign country in which it is manufactured or produced. Food and liquor shall be deemed mislabeled or misbranded within the meaning of this Section in any of the following cases: (1) If it be an imitation of or offered for sale under the distinctive name of another article of food; (2) If it be labeled or branded or colored so as to deceive or mislead, or tend to deceive or mislead the purchaser, or if it be falsely labeled in any respect, or if it purport to be a foreign product tending to mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package; (3) If in package form, and the contents are stated in terms of weight measure, they are not plainly and correctly stated on the

outside of the package; (4) If the package containing it or its label shall bear any statement, design or device regarding the ingredients or the substance contained therein, which statement, design or device shall be false or misleading in any particular; (5) When any package bears the name of the manufacturer, jobber or seller, or the grade or class of the product, it must bear the name of the real manufacturer, jobber or seller, and the true grade or class of the product, the same to be expressed in clear and distinct English words in legible type; provided that an article of food shall not be deemed misbranded if it be a well-known product of a nature, quality and appearance and so exposed to public inspection as not to deceive or mislead nor tend to deceive or mislead a purchaser, and not misbranded and not of the character included within the definitions, first to fourth of this subsection; (6) If, having no label, it is an imitation or adulteration, or is sold or offered for sale under the name, designation, description or representation which is false or misleading in any particular whatever; and in case of eggs and poultry, if they have been kept or packed in cold storage, or otherwise preserved, they must be so indicated by written or printed label or placard plainly designating such fact when offered or exposed for sale. (e) Package Defined. The term "package" as used in this Section shall be construed to include any phial, bottle, jar, demijohn, carton, bag, case, can, box or barrel, or any receptacle, vessel or container of whatsoever material or nature which may be used by a manufacturer, producer, jobber, packer or dealer for enclosing any article of food. (f) Evidence of Violation. The possession of any adulterated, mislabeled, or misbranded article of food or liquor by any manufacturer, producer, jobber, packer or dealer in food, or broker, commission merchant, agent, employee or servant of any such manufacturer, producer, jobber, packer or dealer, shall be prima facie evidence of the violation of this Section. (g) Rights to Samples. The Department of Public Health and all its officers, agents and employees shall have the right at any time to obtain by purchase a sample of food from any person, persons or concern selling or exposing for sale or exchanging in the City and County of San Francisco, such sample to be taken and sealed in full view and in the presence of the person from whom said sample is taken, and shall then and there furnish to the person from whom such sample is taken approximately one-half such sample sealed, and shall deliver to the said Department of Public Health immediately the sample so taken, properly sealed. (h) Exemption from Prosecution. No dealer shall be prosecuted under the provisions of this Section when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States from whom he purchased such an article to the effect that the same is not adulterated, mislabeled or misbranded within the meaning of this Section, designating it. Said guaranty to afford protection, must contain the name and address of the party or parties making the sales of such article to said dealer, and an itemized statement showing the article purchased; or a general guaranty may be filed with the Secretary of the United States Department of Agriculture by the manufacturer, wholesaler, jobber or other party in the United States and be given a serial number, which number shall appear on each and every package of goods sold under such guaranty, with the words, "Guaranteed under the food and drugs act, June 30, 1906". In case the wholesaler, jobber, manufacturer or other party making such guaranty to said dealer resides within this state, and it appears from the report of the City Chemist that such article or articles were adulterated, mislabeled or misbranded within the meaning of this Section, or the National Pure Food Act, approved June 30th, 1906, the District Attorney must forthwith notify the Attorney General of the United States of such violation. SEC. 429. PENALTY. Any person, firm, company or corporation violating any of the provisions of Section 428 of this Article shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 nor more than $500 or shall be imprisoned in the County Jail for a term not exceeding six months, or by both such fine and imprisonment. Food found to be adulterated, mislabeled or misbranded within the meaning of Section 428 may be seized and destroyed. SEC. 434. RECEIPT AND DELIVERY OF BREAD, ETC., AT BAKERIES, STORES, ETC. It shall be unlawful for any person, firm or corporation to conduct and maintain, or carry on, or cause to be conducted, maintained or carried on, any bakery, store, shop or stand where there is to be received or delivered bread or other bakery products, unless the said bakery, store, shop or stand be provided with proper receptacles for bread, or other bakery products, as in Section 435 of this Article provided. Every bakery, store, shop or stand where bread or other bakery products of any kind are received or delivered shall be provided with a wooden receptacle for the reception and protection of bread or other bakery products, and into which all bread or other bakery products shall be placed when delivered as herein provided. SEC. 435. CHARACTER OF RECEPTACLES.

(a) The said receptacle for the reception of bread or other bakery products as aforesaid, shall be constructed of clear pine board, dressed on both sides, and shall have not less than two coats of paint on the outside. The outside must present a smooth surface, with no bottom or side mouldings thereon. The receptacle shall be furnished with four bent iron legs, each two inches in height, fastened to two cleats which shall extend across the bottom of the receptacle, one inch from the ends of the receptacle, and the ends of said cleats shall extend to within one inch from the side thereof. The inside corners shall be filled and reinforced with right angle pine uprights with smooth surfaces to exclude dust accumulating in the corners of receptacle. (b) There shall be no aperture, nor openings in said receptacle, and the top thereof shall be placed in a position slanting toward the front and shall extend one inch over the sides and front of said receptacle, and shall be used as a cover therefor, and shall be attached thereto with two hinges at the top and back, and be furnished with appliances for locking the cover on receptacle at the front. (c) The minimum size of such receptacle shall be 20 inches in length, 15 inches in width, and 18 inches in height, exclusive of legs, and of whatever size said receptacle shall be built, it shall, in the main adhere to the proportions in the minimum size as hereinbefore set forth. Such receptacle as aforesaid shall be placed and kept in a convenient place for the reception and delivering of bread or other bakery products outside any bakery, store, shop or stand as aforesaid at any time, and at all times, when the said bakery, store, shop or stand is closed between the hours of 6:00 in the afternoon of any day and 8:00 in the forenoon of the following day, the said receptacle shall be taken into and kept inside said bakery, store, shop or stand at and during all times when bread or other bakery products may be delivered to and into said bakery, store, shop or stand. [Food Product and Marketing Establishments – Permits; Regulations] SEC. 440. FOOD PRODUCT AND MARKETING ESTABLISHMENT. (a) "Food Product and Marketing Establishment" means any room or building, or place or portion thereof, maintained, used or operated for the purpose of commercially storing, selling, vending, packaging, making, cooking, mixing, processing, bottling, canning, packing, slaughtering, or otherwise preparing or handling food, except Food Preparation and Service Establishments as defined in Section 451 and Food Product and Marketing delivery vehicles. (b) "Food" as used in this Section, includes all articles used for food, drink, confectionery, or condiment, whether simple or compound, including perishable foods, such as fruits, vegetables, fish, meat, poultry, eggs, and bakery goods, whether sold after processing or sold in a fresh or frozen form. Food as used in this Section, shall not include whole pumpkins sold during the month of October for purely decorative purposes, which are not intended for human consumption, and which are clearly marked as being sold only for such limited purposes. (c) "Bakery" as included within this Section and means any room, building, premises, or place which is used or operated for commercial baking, manufacturing, preparing, processing, retail selling, or packaging of bakery products. It includes all rooms of a bakery in which bakery products or ingredients are stored or handled. It does not, however, include any Food Preparation and Service Establishment as defined in Section 451. (d) "Certified Farmers Market" means a location approved by the San Francisco Agricultural Commissioner where agricultural products are sold by producers or certified producers directly to consumers or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. A certified farmers market may only be operated by one or more certified producers, by a nonprofit organization, or by a local government agency and must meet the requirements of San Francisco Administrative Code Chapter 9A, or any successor provisions. (e) "Farm Stand" means a location at or near the point of production of a community or urban garden where their fresh produce, shell eggs and non-potentially hazardous processed agricultural products made with ingredients produced on or near the community or urban garden are sold. The community or urban garden must be deemed an approved source by the Director of Environmental Health or the County Agricultural Commissioner. "Near" is defined as "within San Francisco City Limits." (f) "Food Preparation Station" means a preparation area where separate equipment and/or facilities are used by designated trained staff for a specific type of food conveyance, including, but not limited to, meat, fish, bakery, prepared foods, or confection. (g) "Retail Food Vendor at Farmers Market" means a vendor who sells prepackaged food items that are processed, packaged and labeled from and approved permitted food facility, and has an individual permit that is specific to that market. (h) "Supermarket" means a food product and marketing establishment that sells a variety of food and is greater than 20,000 square feet. (i) "Wholesale Food Market with retail" means a food market which predominantly specializes in buying produce, bakery, meat, fish. processed food, confection and other food items for resale to retail outlets, but retains a retail space within the establishment to sell the aforementioned items to the public. (j) It shall be unlawful for any person, persons, firm or corporation to maintain or operate within any room, building, vehicle or place or portion thereof a Food Product and Marketing Establishment within the City and County of San Francisco, without having first

obtained a permit issued and signed by the Director of Public Health of said City and County to do so. Said permit when issued shall be kept displayed in a prominent place on the premises of the establishment, vehicle or cart for which or whom it is issued. (Amended by Ord. 492-84, App. 12/13/84; Ord. 298-10, File No. 101352, App. 12/3/2010; Ord. 172-12 , File No. 120638, App. 7/27/2012, Eff. 8/26/2012)

It shall be the duty of the Department of Public Health, upon application from any person, firm or corporation desiring to open, conduct or continue any place of business within the limits of the City and County of San Francisco, before issuing the permit specified in Section 440 to cause the premises on which it is proposed to carry on such business or in which said business is being carried on to be inspected with view of ascertaining whether said premises are in a proper sanitary and rat-proof condition for the conduct of such business, also, whether the provisions of all ordinances or regulations made in accordance with provisions thereof relating thereto have been complied with. (Amended by Ord. 241-70, App. 7/14/70)

The permit provided in Section 440 shall set forth the commercial uses permitted and shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial use for which the permit was issued. A permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Upon suspension or revocation the premises for which the permit was issued shall be posted with the order of the Department. (Amended by Ord. 93-68, App. 4/19/68)

(a) No person, firm or corporation engaged in the manufacture, handling or sale of food stuffs shall require, permit or allow any person suffering from any communicable disease to work, lodge, sleep or remain within or upon the premises. (b) It shall be unlawful for any person, firm or corporation to allow any dog or dogs or cat or cats, to enter any place of business designated in Section 440, provided, however, that this subsection shall not apply to any Seeing-Eye dog accompanied by a blind person. (c) It shall be unlawful for any person, firm or corporation to display on the street, or in the open air, food products liable to be injured, infected or polluted, without adequate protection from dirt, flies, animals or insects. (d) The carrying on of any occupation in the place or room set apart for the preparation, storage, or sale of foodstuffs, whether cooked or raw or any allied operations that will generate or cause to arise a dust, smoke or offensive odor, is prohibited. (e) It shall be unlawful for any person, firm or corporation to use any stable or other place where animals are kept as a place of storage for fruits, vegetables, meats, milk or any other foodstuffs. (f) The plucking of chickens and other fowl, and the skinning or cleaning of animals shall be carried on in a separate room, and all dust, smoke or offensive odors arising therefrom must be disposed of by air shafts, fans, forced air, or such other means as may be approved by the Department of Public Health. (g) No person shall be allowed to nor shall he reside or sleep in any room of a bake shop, public dining room, hotel, restaurant, kitchen, confectionery, or other place where food or foodstuffs are prepared, produced, manufactured, served or sold. (h) It shall be the duty of every occupant, whether owner or lessee, of any bakery, candy factory, delicatessen, restaurant, warehouse or other place where foodstuff are manufactured, prepared, stored commercially in opened or unopened containers or served, to provide full protection for his cooked food and other wares from dust, dirt, flies and vermin by the use of suitable glass cases, wire screens or other methods approved by the Department of Public Health, and shall cause the abatement and destruction of vermin and flies wherever found. (Added by Ord. 237-63; App. 9/6/63)

The floors, sidewalks, ceilings, furniture, receptacles, utensils, implements and machinery of every establishment or place where food is manufactured, packed, stored commercially in opened or unopened containers, sold or distributed shall at all times be kept in a healthful and in a sanitary condition, and for the purposes of this Section, unclean, unhealthful and unsanitary conditions shall be deemed to exist if food in the process of manufacture, preparation, packing, storing, sale or distribution is not securely protected from dust, dirt, rats, flies and other vermin, and, so far as may be possible, protected by any reasonable means from all other foreign or injurious contamination; and all refuse, dirt and waste products subject to putrefaction and fermentation incident to the manufacture, preparation, packing, storing, selling of and distribution of food, shall be removed once in each day; and all trucks, trays, trays, boxes, baskets and buckets and other receptacles, chutes, platforms, racks, tables, shelves, and all knives, saws, cleavers and other implements and machinery used in the moving, handling, cutting, chopping, mixing, canning and all other processes used in the preparation of food shall be thoroughly cleaned at least once in each day, and all operatives, employees, clerks and other persons therein employed or engaged shall maintain their persons and clothing in a clean and sanitary condition at all times and shall not store or keep unclean or soiled clothing or articles for personal use in or about said premises. (Added by Ord. 237-63; App. 9/6/63)

(a) Every permanent food facility, as defined in Section 113849 of the California Health and Safety Code, must provide toilet and handwashing facilities for use by employees. Every permanent food facility shall provide clean toilet facilities in good repair for consumers, guests, or invitees if there is onsite consumption of food or if the permanent food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space. In addition, such toilet facilities shall comply with the Plumbing Code of the City and County of San Francisco. (b) For purposes of this Section 440.5, “onsite consumption of food” means the consumption of food, provided by a permanent food facility to patrons or guests, at or within the facility or within an area operated or controlled by the facility. A permanent food facility that does not offer onsite consumption of food may not have on its premises any dining tables, dining chairs, dining counters, or dining standing-tables. (Amended by Ord. 199-86, App. 6/6/86; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019)

The Department of Public Health shall from time to time adopt such rules and regulations as it may deem necessary and proper to give effect to the provisions of Sections 440 to 440.5, inclusive, hereof and in accordance therewith. (Added by Ord. 237-63; App. 9/6/63) SEC. 441. PENALTIES AND ENFORCEMENT. (a) The Department of Public Health shall enforce Section 440.5 hereof against violations by either of the following actions: (1) Serving notice requiring the correction of any violation of this Section; (2) Calling upon the City Attorney to maintain an action for injunction to enforce the provisions of Section 440.5, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation. (b) Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates any provision of Section 440.5 hereof shall be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the Treasurer of the City and County of San Francisco. (Amended by Ord. 199-86; App. 6/6/86) —

SEC. 446. SALE OF BREAD FOR OTHER THAN HUMAN CONSUMPTION. It shall be unlawful for any person, firm or corporation operating any bakery or place where bread for human consumption is baked for sale to the public, or for any person, firm or corporation who sells or exposes such bread for sale, to knowingly sell or otherwise dispose of any bread for other than human consumption which was wholesome and suitable for such use at the time it was baked and of the standard weight as now established or as may be hereafter established by ordinance of the City and County of San Francisco, until after the expiration of a period of five days from the time such bread was baked. No bread baked for human consumption which was suitable for such use at the time it was baked and of the standard weight as established by ordinance shall be sold for other than human consumption until such bread has been offered and exposed for sale to the public for human consumption for a period of not less than three days. Every person, firm or corporation selling or offering for sale any bread for human consumption which at the time of such sale or offering for sale is more than 48 hours old, excepting Sundays or Holidays, shall cause such bread to be indicated as more than 48 hours old either by written or printed label or placard clearly announcing such fact. [Food Preparation and Service Establishments – Permits; Regulations; Disclosure Requirements] SEC. 451. FOOD PREPARATION AND SERVICE ESTABLISHMENT. For purposes of this Article 8, the following terms have the following meanings: “Bar or tavern” means any Food Preparation and Service Establishment that primarily prepares and/or serves alcoholic beverages. “Boardinghouse” means any building, or portion thereof, occupied or intended, arranged, or designed for occupation, by six or more but less than 35 guests, where sleeping rooms and meals are provided to the guests for compensation. Boardinghouse includes, but is not limited to, all private institutional-type homes where inspection is made by the Department of Public Health. “Caterer” means a person who is in the business of providing food, beverages, and sometimes service, at social gatherings. The Caterer prepares the food at a location separate from the social gathering, though the Caterer may engage in Limited food preparation at the location where the Caterer serves the food. A Caterer is not a private chef or chef for hire who prepares food in a private home. “Catering facility” means any Catering operation where a Caterer prepares food for service at another location and includes Catering facility - Cooking and Catering facility - No Cooking. “Catering facility - Cooking” means a Catering facility where food is cooked for service at another location. “Catering facility - No Cooking” means a Catering facility where Limited food preparation occurs, but cooking is not allowed. “Catering operation” has the meaning set forth in California Health and Safety Code Section 113739.1, as may be amended from time to time. “City” means the City and County of San Francisco. “Commissary” has the meaning set forth in California Health and Safety Code Section 113751, as may be amended from time to time. Commissary includes, but is not limited to, Commissary for cooking and Commissary for Mobile Food Facility servicing..1 “Commissary for cooking” means a Commissary where cooking occurs. “Commissary for Mobile Food Facility servicing” means a Commissary where food is stored for a Mobile Food Facility, and where no food preparation or cooking is allowed. “Community event” has the meaning set forth in California Health and Safety Code Section 113755, as may be amended from time to time. “Compact Mobile Food Operation” means a Mobile Food Facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. Compact Mobile Food Operation includes Compact Mobile Food Operation – Low Risk, Compact Mobile Food Operation – Moderate Risk, and Compact Mobile Food Operation – High Risk. “Compact Mobile Food Operation – Low Risk” means a Compact Mobile Food Operation that offers for sale only Prepackaged,

non-Potentially hazardous food and whole uncooked produce and features more than 25 square feet of food display. “Compact Mobile Food Operation – Moderate Risk” means a Compact Mobile Food Operation that offers unpackaged foods (non- PHF or PHF) and may engage in Limited food preparation. Prepackaged Potentially hazardous foods may also be offered. This operation shall not include raw meat, raw poultry, or raw fish. “Compact Mobile Food Operation – High Risk” means a Compact Mobile Food Operation that offers unpackaged Potentially hazardous food and engages in Limited food preparation. This operation can prepare raw meat, raw poultry, or raw fish and meets the warewashing and handwashing facility requirements for mobile food facilities as stated in Chapter 10 of the California Health and Safety Code (commencing on Section 114294), as may be amended from time to time. “Consumer” has the meaning set forth in California Health and Safety Code Section 113757, as may be amended from time to time. “Cooking school” means a Food facility that operates as a school where students prepare and consume food products. “Director” means the Director of Health or the Director’s designee. “Employee Cafeteria” means a Food facility located within a business premises where the employees of the business are provided or sold food on a regular basis. Food and drink are not regularly served to the public and the Food facility is not subject to tax. The operators of the Food facility are either employees of the business or are contracted by that business. “Food demonstration” means any food preparation and/or service facility operating out of a Temporary food facility approved by the Director for a period of time not to exceed seven consecutive days for purposes of demonstrating food preparation or equipment. “Food facility” has the meaning set forth in California Health and Safety Code Section 113789, as may be amended from time to time. “Food preparation” has the meaning set forth in California Health and Safety Code Section 113791, as may be amended from time to time. “Food Preparation and Service Establishment” means any Restaurant, Mobile Food Facility, Compact Mobile Food Operation, Boardinghouse, Special event, School food concession, Bar or tavern, Take-out establishment, Caterer, Catering facility – Cooking, Catering facility - No Cooking, Temporary food facility, Food demonstration, Commissary, Stadium concession, Vending machine, Restricted food service facility, Employee Cafeteria, Private school cafeteria, Hospital kitchen, and Licensed Health Care Facility, as those terms are defined herein. “Guest house” means any building, or portion thereof, occupied or intended, arranged, or designed for occupation, by 35 or more guests where sleeping rooms and meals are provided to the guests for compensation and includes, but is not limited to, “residence club,” “lodge,” “dormitory,” “residence cooperative,” and any of its variants. “Hospital kitchen” means any Food facility operating within a hospital that serves food to staff or the general public, but not to patients. “Host facility” has the meaning set forth in California Health and Safety Code Section 113806.1, as may be amended from time to time. “Licensed Health Care Facility” means a Food facility located in any of the following health facilities that have 16 or more beds and are designated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence, rehabilitation, and perinatal care, to which persons are admitted for a 24-hour stay or longer: (1) General Acute Care Hospital as defined in California Health and Safety Code Section 1250(a), as may be amended from time to time; (2) Acute Psychiatric Hospital as defined in California Health and Safety Code Section 1250(b), as may be amended from time to time; (3) Skilled Nursing Facility as defined in California Health and Safety Code Section 1250(c), as may be amended from time to time; (4) Intermediate Care Facility as defined in California Health and Safety Code Section 1250(d), as may be amended from time to time; (5) Special Hospital as defined in California Health and Safety Code Section 1250(f), as may be amended from time to time; (6) Intermediate Care Facility/Developmentally Disabled as defined in California Health and Safety Code Section 1250(g) as defined in California Health and Safety Code Section 1250(g)1 , as may be amended from time to time; and (7) Chemical Dependency Recovery Facility as defined in California Health and Safety Code Section 1250.3, as may be amended from time to time. Notwithstanding the above definition, the term “Licensed Health Care Facility” does not include any of the health facility types listed above that are operated by the State of California Departments of Health Care Service, Developmental Services, or Corrections and Rehabilitation, or any respective successor agencies. “Limited food preparation” has the meaning set forth in California Health and Safety Code Section 113818, as may be amended from time to time. “Limited service charitable feeding operation” has the meaning set forth in California Health and Safety Code Section 113819, as may be amended from time to time.

“Mobile Food Facility” means any vehicle used in conjunction with a commissary or other permanent Food facility upon which food is sold or distributed at retail. Mobile Food Facilities may be located on private or public property. A Mobile Food Facility does not include a “Transporter” used to transport packaged food from a Food facility or other approved source to the Consumer. As distinguished from a Compact Mobile Food Operation, there are two categories of Mobile Food Facilities for licensing and fee payment purposes under Business and Tax Regulations Code Section 249.1, Mobile Food Facility – Low Risk and Mobile Food Facility – High Risk, as set forth below. “Mobile Food Facility – Low Risk” means a motorized Mobile Food Facility (such as, but not limited to, a food truck or trailer) where a Mobile Food Facility Vendor offers only Prepackaged food and does not engage in Food preparation. “Mobile Food Facility – High Risk” means a motorized Mobile Food Facility (such as, but not limited to, a food truck or trailer) where a Mobile Food Facility Vendor offers non-Prepackaged food and engages in Food preparation. “Mobile Food Facility Vendor” means any Person engaged in the business of operating a Mobile Food Facility within the City. “Mobile Support Unit” means a motorized vehicle used in conjunction with a Commissary or other permanent Food facility, that travels to, and services, Mobile Food Facilities as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes. “Owner” or “owners” mean those Persons who are financially interested in the operation of a Food Preparation and Service Establishment. “Operator” means any Person engaged in the dispensing of, or in assisting in the preparation of, food, or a Person otherwise employed in a Food Preparation and Service Establishment. “Permitted Auxiliary Conveyance” means a facility containing the necessary handwashing and warewashing sinks when operating a Compact Mobile Food Operation at a site-specific location. “Person” has the meaning set forth in California Health and Safety Code Section 113855, as may be amended from time to time. “Potentially hazardous food” has the meaning set forth in California Health and Safety Code Section 113871, as may be amended from time to time. “Prepackaged food” has the meaning set forth in California Health and Safety Code Section 113876, as may be amended from time to time. “Private school cafeteria” means any Food facility serving food to faculty and/or students of a school not operated by the San Francisco Unified School District. “Restaurant” means any Food facility, including by way of example but not limitation, any any1 coffee shop, cafeteria, short-order cafe, luncheonette, cocktail lounge, sandwich stand, soda fountain, public school cafeteria or eating establishment, in-plant or employee eating establishment, and any other eating establishment, organization, club, including Veterans’ Club, fast food establishment, or Guest house, that gives, sells, or offers for sale food to the public, guests, patrons, or employees 1 The term Restaurant includes kitchens or other food preparation areas in which food is prepared on the premises for serving or consumption on or off the premises, and requires no further preparation, and also includes manufacturers of perishable food products that prepare food on the premises for sale directly to the public. The term Restaurant does not include Mobile Food Facilities, cooperative arrangements made by employees who purchase food or beverages for their own consumption and where no employee is assigned full-time to care for or operate equipment used in such arrangement, or private homes. Restaurant does not include churches, church societies, private clubs, or other nonprofit associations of a religious, philanthropic, civic improvement, social, political, or educational nature, which purchase food, food products, or beverages, or which receive donations of food, food products, or beverages for service without charge to their members, or for service or sale at a reasonable charge to their members or to the general public at occasional fundraising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products, or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full-time to care for or operate equipment used in such arrangements. “Restricted food service facility” has the meaning set forth in California Health and Safety Code Section 113893, as may be amended from time to time. “School food concession” means any food preparation, food service, or food products intended for consumption by students attending or participating in activities within a school facility. “Shared kitchen complex” means a facility that provides services and restrooms to Food Preparation and Service Establishments located within the facility for the purpose of cleaning, storage, refuse disposal, and wastewater disposal. “Special event” means any organized collection of food purveyors operating individually or collaboratively out of approved temporary or Mobile Food Facilities at a fixed location for a period of time not to exceed 25 days in a 90-day period in conjunction with a single, weekly, or monthly Community event. “Stadium concession” means any Food facility operating within the footprint of a stadium, arena, or auditorium, with a seating capacity of 5,000 or more. “Take-out establishment” means any Food facility that primarily prepares food for consumption off premises and does not have seating for guests, patrons, or employees. The term “Take-out establishment” does not include Mobile Food Facilities. “Temporary food facility” has the meaning set forth in California Health and Sa

tadium, arena, or auditorium, with a seating capacity of 5,000 or more. “Take-out establishment” means any Food facility that primarily prepares food for consumption off premises and does not have seating for guests, patrons, or employees. The term “Take-out establishment” does not include Mobile Food Facilities. “Temporary food facility” has the meaning set forth in California Health and Safety Code Section 113930, as may be amended from

time to time. “Transporter” has the meaning set forth in California Health and Safety Code Section 113932, as may be amended from time to time. “Vending machine” means any self-service device, which upon insertion of money, credit card, bank card, mobile payment, or tokens, dispenses Potentially hazardous food or beverages without the necessity of replenishing the device between each vending operation. (Amended by Ord. 241-70; App. 7/14/70; Ord. 26-88, App. 1/28/88; Ord. 341-88, App. 7/28/88; Ord. 206-93, App. 6/25/93; Ord. 121-97, App. 4/9/97; Ord. 84-00, File No. 000424, App. 5/12/2000; Ord. 233-08, File No. 080621, App. 10/30/2008; Ord. 178-10, File No. 100720, App. 7/23/2010; Ord. 298-10, File No. 101352, App. 12/3/2010; Ord. 172-12 , File No. 120638, App. 7/27/2012, Eff. 8/26/2012; Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019; Ord. 49-26, File No. 250967, App. 4/10/2026, Eff. 5/11/2026) CODIFICATION NOTE

1. So in Ord. 49-26. SEC. 452. PERMIT REQUIRED. (a) It shall be unlawful to maintain or operate a food preparation and service establishment within the City and County of San Francisco without having first obtained a permit therefor issued and signed by the Department of Public Health. Any person, partnership or corporation shall, before opening or operating a food preparation and service establishment in the City and County of San Francisco, make an application for a permit in the manner and upon a form provided by the Director, giving the information and particulars required by the Director. (b) If the applicant for any permit under this Section is a corporation or other business entity, the application shall contain the names of its principal officers and such other particulars as the Director may require. (c) Before granting the permit the Director shall investigate the facts stated in the application and examine the premises to which the permit shall apply to assure that the applicant is or will be in compliance with the laws, rules and regulations pertaining to the proper operation of a food preparation and service establishment, including the California Retail Food Code and the Health Code of the City and County of San Francisco. If the Director determines from its investigation and examination of the premises that the applicant is not in compliance with any or all of the laws, rules and regulations pertaining to the proper operation of a food preparation and service establishment prior to the issuance of a permit, the Director shall allow the applicant a reasonable time within which to comply. The applicant's refusal or neglect to comply in a timely fashion shall be sufficient cause for the Director to deny the application. (d) Any denial of an application for permit under this section shall be subject to an appeal to the Board of Appeals. (e) The permit (1) shall set forth the commercial uses permitted and shall be valid as long as the annual permit fees are paid, or until suspended or revoked; (2) shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial uses for which the permit was issued; and (3) shall at all times be displayed on the premises. (f) The permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Any determination of suspension or revocation of a permit for cause after a hearing shall be subject to appeal to the Board of Appeals. Upon suspension or revocation, the premises for which the permit was issued shall be posted with the order of the Department. (g) Applications for temporary permits to operate special events shall be submitted no later than 14 calendar days prior to the commencement of the event along with the applicable filing fees listed in Section 249.11(c) of the Business and Tax Regulations Code. If the application and/or filing fees are submitted less than 14 calendar days prior to the commencement of the event, the applicant shall pay an additional 50% of the filing fee as a late charge before the application can be processed or approved. Applications and/or fees (including any late charges) that are submitted seven calendar days or less prior to the commencement of the event may, at the Department’s discretion, not be processed. This subsection (g) shall not apply to annual permits to operate special events when the applicant pays the annual permit fee provided in Section 249.11(d) of the Business and Tax Regulations Code 1 (Added by Ord. 241-70; App. 7/14/70; amended by Ord. 341-88, App. 7/28/88; Ord. 84-00, File No. 000424, App. 5/12/2000; Ord. 233-08, File No. 080621, App. 10/30/2008; Ord. 203-24, File No. 240406, App. 8/1/2024, Eff. 9/1/2024) CODIFICATION NOTE
2. So in Ord. 203-24.

(a) Definitions. For purposes of this Section: (1) "Cottage food operation" means: (A) an enterprise in a private home that has not more in gross annual sales as follows: for 2013 - $35,000 or less;

for 2014 - $45,000 or less; for 2015 - $50,000 or less. Commencing in 2015, and each subsequent year thereafter, the enterprise shall not have more than fifty thousand dollars ($50,000) in gross annual sales in the calendar year; and (B) is operated by a cottage food operator, and has not more than one full-time equivalent employee, not including the cottage food operator and immediate family or household members of the cottage food operator; and (C) where food products are prepared or packaged for direct and/or indirect sale to the public. (2) "Cottage food operator" means a person who maintains a cottage food operation in his or her private home. Cottage food operators are categorized as follows: (A) Class A cottage food operators may engage only in direct sales of cottage food products to the consumer. A cottage food operation maintained by this category of cottage food operator is known as a Class A cottage food operation. (B) Class B cottage food operators may engage in direct sales and indirect sales of cottage food products. A cottage food operation maintained by this category of cottage food operator is known as a Class B cottage food operation. (3) "Cottage food product" means foods that are not potentially hazardous as determined by the California Department of Public Health ("CDPH"), as set forth in California Health & Safety Code Section 114365.5. (4) "Direct sale" means a transaction between a cottage food operator and a consumer, where the consumer purchases the cottage food product directly from the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers' markets, or through community- supported agriculture subscriptions, and transactions occurring in person in the cottage food operation. (5) "Indirect sale" means an interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third-party retailer that holds a valid permit issued pursuant to California Health & Safety Code Section 114381. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises. (6) "Registered or permitted area" means that portion of a private home that contains the private home's kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment or both, and the attached rooms within the home that are used exclusively for storage of said products, ingredients, and/or equipment. (b) Both Class A and Class B cottage food operators must: (1) Complete a food handling/ processing course; and (2) Prepare only foods approved by the CDPH; and (3) Label cottage food products in accordance with state and federal regulations; and (4) Meet the food preparation and sanitation requirements set forth in California Health & Safety Code Section 114365, et seq., or any successor provisions; and (5) Comply with all applicable zoning requirements; and (6) Obtain all necessary business licenses and permits. (c) A Class A cottage food operation shall register annually with the San Francisco Department of Public Health ("Department"), pay the annual registration fee, and certify, under penalty of perjury, that it complies with state law requirements for the operation of such businesses as set forth in the California Retail Food Code, Health & Safety Code Sections 114365, et seq., or any successor provisions, and regulations promulgated by the CDPH. (d) A Class B cottage food operation shall obtain a permit from the Department, which must be renewed annually, and pay the initial application fee and annual permit fees. For the permit to be issued, the Class B cottage food operator shall certify, under penalty of perjury, that it complies with state law requirements for the operation of such businesses as set forth in the California Retail Food Code, Health & Safety Code Sections 114365, et seq., and regulations promulgated by the CDPH. As a condition of the permit being renewed annually, the Class B cottage food operator shall annually make the same certification, under penalty of perjury. (e) The Department may inspect the registered area of a Class A cottage food operation or the permitted area of a Class B food operation only in response to a consumer complaint, or if the Department reasonably suspects that adulterated or unsafe food has been produced, or reasonably suspects that the cottage food operation has violated California food safety laws. (f) Registration as a Class A cottage food operation, or a permit for operation of a Class B cottage food operation, is valid only for the person, location, type of food sales, and distribution activity specified on the registration or permit for the time period specified, and is not transferable. (g) Registration as a Class A cottage food operation, or a permit for a Class B cottage food operation, may be suspended or revoked for violation of state law. For a prospective suspension or revocation, the Director of the San Francisco Department of Public Health ("Director") shall issue a written notice to the cottage food operator specifying the alleged violation(s) and advising the cottage food operator of a right to a hearing. The cottage food operator shall request a hearing, in writing, within 15 calendar days after receipt of the notice. Failure to request a hearing within 15 calendar days, shall be deemed a waiver of the right to a hearing. The hearing shall be held

within 15 calendar days of the request for the hearing. (h) If the Director finds an imminent health hazard, unless the hazard is immediately corrected, the Director may temporarily suspend registration as a Class A cottage food operation, or a permit for a Class B cottage food operation, and order the cottage food operation to immediately close. The Director shall issue a written Notice of Violation setting forth the basis for such action, and provide the permit holder or practitioner with the right to a hearing, as set forth in subsection (g), above. (Added by Ord. 96-13 , File No. 130244, App. 5/31/2013, Eff. 6/30/2013)

(Added by Ord. 118-21, File No. 210566, App. 8/4/2021, Eff. 9/4/2021; repealed by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022) SEC. 453. DISEASED EMPLOYEES. No employer shall require, permit or suffer any person to work, nor shall any person work, in a building, room, basement, cellar, place or vehicle, occupied or used for the production, preparation, manufacture, packing, storage, sale, distribution or transportation of food, who is afflicted or affected with or who is a carrier of any venereal disease, smallpox, diphtheria, scarlet fever, yellow fever, tuberculosis, consumption, bubonic plague, Asiatic cholera, leprosy, trachoma, typhoid fever, epidemic dysentery, measles, mumps, German measles, whooping cough, chicken pox, or any other infectious or contagious disease. SEC. 454. REGULATIONS. The Director shall be responsible for the administration and enforcement of this Article 8 and the rules and regulations relating thereto. The Director may prescribe the rules and regulations relating thereto. All Food Preparation and Service Establishments shall be operated, conducted, and maintained in accordance with said rules and regulations. The rules and regulations to be issued by the Director, shall, among other matters, provide for the following: (a) Suitable ducts in said kitchens and elimination of obnoxious and disagreeable odors from said public eating places; (b) Suitable hoods for ranges; (c) Proper ventilation for kitchens and dining rooms; (d) Basements and storerooms to be dry, clean, and sanitary; (e) Regulation of refrigeration and storage of foodstuffs; (f) Installation and maintenance of proper sanitary plumbing; (g) Handling, storage, and dispensing of milk; (h) Receptacles for soiled linen, use of clean linens, and laundering thereof; (i) Methods and manner of dishwashing; (j) Collection and disposition of garbage and proper receptacles and containers therefor; (k) Adequate toilet facilities and the location of water closets, dressing rooms, lockers, and wash basins; (l) Cleanliness of the premises, utensils, and towels. (Amended by Ord. 49-26, File No. 250967, App. 4/10/2026, Eff. 5/11/2026) SEC. 455. RESERVED. (Repealed by Ord. 233-08, File No. 080621, App. 10/30/2008) SEC. 456. FOOD PREPARATION AND SERVICE ESTABLISHMENT DISCLOSURES.

For purposes of Sections 456 through 456.5, the following terms have the following meanings: “Closed Placard” means a red placard issued by a County Environmental Health Inspector to a Food Preparation and Service Establishment at the conclusion of a Routine or Scheduled Inspection in which one or more Major Violations that may pose an Imminent Health Hazard are documented, which violations, or subset thereof, are not corrected at the time of the inspection, as set forth in the Food Inspection Report. “Conditional Pass Placard” means a yellow placard issued by a County Environmental Health Inspector to a Food Preparation and Service Establishment at the conclusion of a Routine or Scheduled Inspection in which two or more Major Violations that may pose an Imminent Health Hazard are documented, which violations are corrected at the time of the inspection, as set forth in the Food Inspection Report. “Food Inspection Report” means the written notice prepared and issued by a County Environmental Health Inspector after conducting an inspection of a Food Preparation and Service Establishment to determine compliance with all applicable Federal, State, and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. “Food Preparation and Service Establishment” is defined in Section 451 and for purposes of Sections 456 et seq. shall include a Food Preparation and Service Establishment operation in conjunction with a “food product and marketing establishment” (as defined in Section 440). “Imminent Health Hazard” has the meaning set forth in California Health and Safety Code Section 113810, as amended from time to time. “Major Violation” has the meaning set forth in California Health and Safety Code Section 113821, as may be amended from time to time. “Notice of closure” means a public notice that may be posted by a county environmental health inspector at a Food Preparation and Service Establishment upon suspension or revocation of the establishment’s public health permit to operate and that results in the immediate closure of the establishment and the discontinuance of all operations of the Food Preparation and Service Establishment, by order of a County Environmental Health Inspector, because of violations of applicable Federal, State, or local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. “Pass Placard” means a green placard issued by a County Environmental Health Inspector to a Food Preparation and Service Establishment at the conclusion of a Routine or Scheduled inspection in which no more than one Major Violation that may pose an Imminent Health Hazard is documented, which violation is corrected at the time of the inspection, as set forth in the Food Inspection Report. “Placard” means a Closed Placard, a Conditional Pass Placard, or a Pass Placard. “Routine Inspection” means a periodic, unannounced inspection of a Food Preparation and Service Establishment to determine compliance with all applicable Federal, State and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A Routine Inspection shall not mean an inspection conducted by a County Environmental Health Inspector to determine compliance with a previously issued Food Inspection Report or any interim inspection conducted to determine compliance with specific regulations or legal requirements. “Scheduled Inspection” means an announced inspection of a Food Preparation and Service Establishment that is scheduled for the purpose of following up on a Routine inspection, and where a food safety evaluation is made and a new Placard may be issued. (Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)

DOCUMENTS AVAILABLE FOR PUBLIC REVIEW. (a) Upon issuance of a Placard by a County Environmental Health Inspector, the Food Preparation and Service Establishment shall post the Placard on the premises of the establishment so as to be clearly visible to patrons of the establishment. (b) Food Preparation and Service Establishments that are not issued a Placard by a County Environmental Health Inspector shall not post a Placard on the premises of the establishment. (c) Food Preparation and Service Establishments, whether issued a Placard or not, must make the Food Inspection Report available to the general public and patrons for review upon request. (d) The Department of Public Health shall strive to make all current Food Inspection Reports of Food Preparation and Service Establishments available on the Department’s website as soon as is practicable. (e) Once required to be posted, the Placard shall not be defaced, marred, camouflaged, hidden, or removed by the Food Preparation and Service Establishment until superseded. It is unlawful to operate a Food Preparation and Service Establishment unless the Placard is in place as set forth hereunder. Removal of (or defacement, marring, camouflaging, or hiding of) the Placard from its required place on the premises is a violation of Sections 456 et seq. and may result in the suspension or revocation of the Public Health Permit to operate, as specified in Section 456.3, and is punishable, as specified in Section 456.4.

(f) Every Food Preparation and Service Establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establishment: Any public health concerns regarding this establishment should be directed to the Department of Public Health, Environmental Health Section located at: 1390 Market Street, Suite 210, San Francisco, CA, 94102, (415) 252-3800. (g) The Food Preparation and Service Establishment shall keep the current Food Inspection Report until such time as a County Environmental Health Inspector completes the next Routine or Scheduled Inspection of the establishment and issues a new Food Inspection Report. (Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)

A Placard shall remain valid until a County Environmental Health Inspector completes the next Routine or Scheduled Inspection of the Food Preparation and Service Establishment. (Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)

CLOSURE. (a) Nothing in Sections 456 et seq. shall prohibit a County Environmental Health Inspector from immediately closing any Food Preparation and Service Establishment if, in the Inspector’s discretion, immediate closure is necessary to protect the public health. (b) Upon issuance of a written notice of suspension or revocation of the Public Health Permit to operate by a County Environmental Health Inspector, the Inspector shall post a Closed Placard at the Food Preparation and Service Establishment so as to be clearly visible to the general public and to patrons. (c) Upon issuance of the written notice of suspension or revocation of the Public Health Permit to operate by a County Environmental Health Inspector and posting of a Closed Placard, the Food Preparation and Service Establishment shall immediately close to the general public and to patrons and shall discontinue all operations until the Public Health Permit to operate has been reissued or reinstated by order of a County Environmental Health Inspector or until the establishment no longer operates as a Food Preparation and Service stablishment1 . (d) The Closed Placard shall remain posted until removed by a County Environmental Health Inspector. Removal of the Closed Placard by any person other than a County Environmental Health Inspector or the refusal of a Food Preparation and Service Establishment to close upon issuance of the written notice of suspension of the Public Health Permit to operate is a violation of Sections 456 et seq. and may result in the suspension or revocation of the Food Preparation and Service Establishment’s Public Health Permit to operate and shall be punishable as specified in Section 456.4. (Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019) CODIFICATION NOTE

1. So in Ord. 252-19.

(a) Criminal Penalties. Any person violating any of the provisions of Sections 456 et seq., inclusive, of this Article 8 on more than three occasions within a twelve-month period, or violating Sections 451 through 454, inclusive, shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10 and not in excess of $500, or by imprisonment in the County Jail for a term not exceeding 100 days, or by both such fine and imprisonment. (b) Administrative Penalties. Any firm, association, company, or corporation violating any of the provisions of Sections 456 et seq., inclusive, of this Article 8 shall be subject to administrative penalties imposed by the Director of Health. For a violation of subsection (c) or (d) of Section 456.3, the Director may assess an administrative penalty of not less than $200 and not more than $1,000. For all other violations of Sections 456 et seq., he1 Director may assess an administrative penalty not exceeding $50 for a first violation; not exceeding $100 for a second violation; and not exceeding $200 for the third and each subsequent violation of Sections 456 et seq. (c) Before imposing an administrative penalty, the Director must serve upon the firm, association, company, person, or corporation with responsibility for the Food Preparation and Service Establishment (hereinafter, “Responsible Party”) a notice of initial

determination. The notice shall state the proposed administrative penalty and the basis for the Director’s initial determination, including the alleged acts or failures to act that constitute a basis for the administrative penalty. The notice shall inform the Responsible Party that it has the right to request administrative review of the penalty within 15 days of receipt of the notice. Where the Director has determined that continued operation of the Food Preparation and Service Establishment poses a threat to public health, the notice of initial determination may also require that the establishment cease and desist from all food preparation and service activity. (d) If no request for review of the Director’s decision is filed with the Department of Public Health within the appropriate period, the decision shall be deemed final and shall be effective 15 days after the notice of initial determination was served on the Responsible Party. The Director shall thereafter issue an Order imposing an administrative penalty and serve it upon the party served with the notice of initial determination. Payment of any administrative penalty is due within 30 days of service of the Director’s Order. Any administrative penalty assessed and received in an action brought under this Article 8 shall be paid to the Treasurer of the City. The Responsible Party against whom an administrative penalty is imposed also shall be liable for the costs and attorney’s fees incurred by the City in bringing any civil action to enforce the provisions of this Section 456.4, including obtaining a court order requiring payment of the administrative penalty. (e) If the Responsible Party files a timely request for review of the Director’s decision with the Department of Public Health, the Director shall conduct a hearing. Within 15 days of receipt of the request, the Director shall notify the requestor of the date, time, and place of the hearing. Such hearing shall be held no later than 30 days after the Director receives the request, unless time is extended by mutual agreement of the affected parties. The Director may adopt rules and regulations regarding the hearing procedures. (f) Following the hearing, the Director shall serve written notice of the Director’s decision on the Responsible Party. If the Director’s decision is that the Responsible Party must pay an administrative penalty, the notice of decision shall state that the recipient has 10 days in which to pay the penalty. Any administrative penalty assessed and received in an action brought under this Article 8 shall be paid to the Treasurer of the City. The Responsible Party against whom an administrative penalty is imposed also shall be liable for the costs and attorney’s fees incurred by the City in bringing any civil action to enforce the provisions of this Section 456.4, including obtaining a court order requiring payment of the administrative penalty. (g) The Director of Health may appoint a designee to perform the Director’s functions and responsibilities under this Section 456.4. (Added by Ord. 81-04, File No. 040092, App. 5/20/2004; Ord. 233-08, File No. 080621, App. 10/30/2008; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019) CODIFICATION NOTE

1. So in Ord. 252-19.

(a) All final costs, fees, and administrative penalties assessed against a person for violations of Section 451 through 456.4, inclusive, or the California Retail Food Code shall be an obligation owed to the City by the person found to have violated these sections, and the owner of the property where the food preparation and service establishment is located, provided that both have been given adequate notice of the alleged violation(s). Such obligation may be collected by means of the imposition of a lien against the property of the owner of the property or the person or business against whom the final administrative or civil penalty was assessed. The City shall mail to the owner of the property and to the person against whom the final amount was assessed (if different from the owner of the property) a notice of the amounts due and a warning that lien proceedings will be initiated against the property if the amounts are not paid within 30 days after mailing of the notice. (b) Liens shall be created and assessed in accordance with Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230). (Added by Ord. 81-04, File No. 040092, App. 5/20/2004; Ord. 233-08, File No. 080621, App. 10/30/2008) —

ENFORCEMENT ACT OF 1986 AND ITS IMPLEMENTING REGULATIONS; REQUIREMENT THAT WARNINGS BE PROVIDED IN ENGLISH, SPANISH, AND CHINESE. (a) The Department of Public Health shall enforce the Safe Drinking Water and Toxic Enforcement Act of 1986 (California Health and Safety Code Chapter 6.6, added by Proposition 65 1986 General Election) and its implementing regulations (California Code of Regulations, Title 22, Section 12000 et seq.) by:

(1) Inspecting food product and marketing establishments defined in Section 440 and food preparation and service establishments defined by Section 451 to determine whether these establishments are in compliance with the warning requirements of the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations pertaining to exposure to chemicals known to the State of California to cause cancer, birth defects or other reproductive harm; (2) Serving notices requiring the correction of any violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 or its implementing regulations; and (3) Calling upon the City Attorney or the District Attorney to maintain an action for violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 or its implementing regulations, to cause correction of such violation, and for assessment and recovery of civil or criminal remedies for such violation. (b) Written warnings required to be provided by food product and marketing establishments and food preparation and service establishments under the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations or any existing settlements and consent judgments pertaining to lawsuits filed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations shall be made in English, Spanish and Chinese. Written warnings in Spanish and Chinese shall comply with the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations and any existing settlements and consent judgments pertaining to lawsuits filed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations and be provided in the same manner as the warnings in English, including but not limited to location, size, and font of the warning message. (Added by Ord. 250-05, File No. 050253, App. 11/10/2005)

(Added by Ord. 250-10, File No. 101178, App. 10/22/2010; repealed by Ord. 125-15 , File No. 150268, App. 7/17/2015, Eff. 8/16/2015) Editor's Note: Former Sec. 456.7 pertained to "Restaurant Appreciation Month." For current provisions relating to "Restaurant Week," see Administrative Code Sec. 1.62. [Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment] SEC. 460. ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AND FOOD AND FURNISHING ENTERTAINMENT DEFINED. The establishments referred to in Section 460 to 466, inclusive, of this Article, are hereby defined to be any place, room, or space, upon or within any building or structure, where any alcoholic beverage and food of any kind or character is served, and where theatrical, operatic, vaudeville or dancing performance, or any combination of such performance, is conducted or permitted upon the floor, a platform, or a stage, upon or within said place, room or space. SEC. 461. PERMITS. It shall be unlawful for any person, firm or corporation to conduct or maintain any such establishment in the City and County of San Francisco without first obtaining a permit therefor from the Department of Public Health. No such permit shall be issued by the Department of Public Health until the issuance of the same has been approved by the Department of Electricity, the Bureau of Building Inspection of the Department of Public Works and the Bureau of Fire Prevention and Public Safety. SEC. 462. APPLICATION – INVESTIGATION, ETC. Application for said permit shall be made to the Department of Public Health, which said application shall state the proposed location of said establishment, the character of the building in which the same is proposed to be conducted or maintained, and a detailed plan of

the premises contemplated to be occupied by the applicant, as well as the number of patrons to be accommodated at any time in said establishment. Upon receipt of said application the Department of Public Health shall forthwith send copies thereof to the Department of Electricity, the Bureau of Building Inspection of the Department of Public Works and the Bureau of Fire Prevention and Public Safety. It shall be the duty of each of the said bureaus and departments, upon receipt of said application, to investigate the condition of the premises in which said establishment is proposed to be maintained in so far as said conditions come under the jurisdiction of the said respective bureaus and departments, and, upon the completion of said investigation, to approve or disapprove the granting of said permit. In the event of the disapproval of the application by any of said bureaus or departments, said application for said permit shall be denied. SEC. 463. APPLICATION, EXISTING ESTABLISHMENTS. Any person, firm or corporation conducting or maintaining such establishment in the City and County of San Francisco on the 5th day of November, 1936, shall make immediate application to the Department of Public Health for a permit to continue the maintenance and conduct of said establishment. SEC. 464. GROUNDS FOR PERMIT REVOCATIONS – PROCEDURE. Any violation of any existing laws of the City and County of San Francisco, shall constitute and shall be so construed as to be sufficient reason for the revocation of any permit. Any permit issued pursuant to the provisions of Sections 460 to 466, inclusive, of this Article, may be revoked by the Department of Public Health for cause upon application of any one or more of the Departments or Bureaus whose approval was first necessary for the issuance of the permit, after due hearing shall be first had therein; and reasonable notice shall be given to the person, firm or corporation charged with the said violation, and of the time, place and date set for the hearing on the revocation of said permit. SEC. 465. DISCRETION OF OFFICERS, ETC. Whenever any discretion as to the operation, construction or equipment of any such establishment by Sections 460 to 466, inclusive, of this Article, is given to any officer, board, bureau, department or commission, the said officer, board, bureau, department or commission shall exercise said discretion only in so far as the same is necessary for the safety of the patrons and employees and other persons frequenting said establishment. SEC. 466. OTHER LAWS, RULES AND REGULATIONS. All existing laws of the City and County of San Francisco, and all rules and regulations of the Department of Public Health, relative to the keeping, preparation and serving of food and alcoholic beverages in restaurants or other places open to the public shall apply to such establishments; and no such establishment shall permit dancing therein without a permit from the Police Department of the City and County of San Francisco. — SEC. 467. FOOD VENDING MACHINES. (a) “Food vending machine” means any self-service device which, upon insertion or use of a credit card, mobile payment, coin, coins, or token, or by similar means, dispenses unit servings of potentially hazardous food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation. Food vending machines do not include self-service devices that only dispense non-potentially hazardous foods, including but not limited to peanuts, wrapped candy, gum, bottled beverages, or ice. (b) Every person, firm or corporation in the business of operating a food vending machine, or food vending machines, as defined in

Subsection (a) of this Section, within the City and County of San Francisco, on or after October 1, 1970, must file an application for a permit on a form provided by the Health Department. The permit shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale or transfer of the business for which it was issued. Prior to the use and operation of any vending machine by a permittee, said permittee shall pay the fee prescribed in Section 249.12(b) of Part III of the San Francisco Municipal Code and obtain from the Health Department a decal. Upon receipt of said decal, the permittee shall enter upon it the serial number of the vending machine and post said decal on the front panel of the vending machine. The serial number of the vending machine operated shall correspond to the number entered upon the decal. Any food vending machine that is found to be insanitary, malfunctioning or unposted with the required decal shall be sealed by an Inspector of the Health Department and shall only be removed by said Inspector. (c) All food vending machine operators shall supply quarterly, on a form approved by the Health Department, certified copies of machine inspection reports made by their supervisory personnel and total number of machines currently in operation. (Added by Ord. 241-70, App. 7/14/70; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019) [Nutrition Information Disclosure Requirements] SEC. 468. PURPOSE. The purpose of Sections 468 through 468.8 is to provide consumers with information about the nutritional components of Food prepared, purchased, and eaten outside the home. Consumers must have basic nutritional information readily available in order to make informed choices about the Food that they, and their children and dependants, eat. These sections require Chain Restaurants to provide consumers with specific nutritional information on Menu Items, such as calorie content, so that consumers may be better able to make nutritional choices consistent with their health needs. Furthermore, ensuring informed food choices supports societal public health goals of preventing obesity, diabetes, and other avoidable nutrition-related diseases. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

The Board of Supervisors hereby finds and declares as follows: Chronic diseases and obesity are concurrent, serious and growing public health crises affecting states and localities across the country. In California and the City and County of San Francisco, the two epidemics are among the greatest public health challenges, as evidenced by the following: • Chronic diseases, including cardiovascular disease, diabetes, hypertension, cancer, asthma, are the leading cause of death and disability in San Francisco and California; • Seventy percent of all U.S. deaths are attributable to chronic disease; • Hypertension and diabetes are the leading reasons for San Francisco Department of Public Health primary care clinic visits; • Obesity rates have doubled in children and tripled in teenagers over the past twenty years; • The rate at which obesity is increasing in California is among the fastest in the country; • One-third of California children, one-fourth of California teenagers, and one-half of California adults are either overweight or obese; • Fifty percent of overweight children and teenagers remain overweight as adults; • Over half of Californians are at greater risk for heart disease, type-2 diabetes, high blood pressure, stroke, arthritis-related disabilities, depression, sleep disorders, and some cancers because of increasing obesity rates; • In San Francisco, 43% percent of adults are overweight or obese and 24% of school-age children are overweight or obese. The burden of increasing overweight and obesity and accompanying chronic diseases manifests itself in premature death and disability, health care costs, and lost productivity. Obesity greatly increases the risk of chronic diseases such as high cholesterol, high blood pressure, asthma, and type-2 diabetes. 22% of San Franciscans have high blood pressure and 6.5% of San Franciscans have diabetes. Heart disease is the leading cause of death in San Francisco. The financial cost of chronic disease and obesity is evidenced by the

following: • Health care costs rose nearly two billion dollars in inflation adjusted dollars between 1987 and 2000. Fifteen conditions including diabetes, hypertension, heart disease, cerebrovascular disease accounted for more than half the overall growth; • Medicare costs for those who were obese when they were middle aged are roughly twice as great as those who were at ideal weight; • In 2005, California's costs related to obesity; overweight, and lack of physical activity were projected to reach $28 billion for health care and lost work productivity; • The indirect and direct costs of adult obesity in America are between $69 and $117 billion each year; • If 10% of currently obese or overweight Californians were to reach and maintain a healthy weight over a five-year period, savings would amount to $13 billion; • Obesity-related expenditures are thought to have accounted for more than 25% of the increase in national health care spending between 1987 and 2001; • The San Francisco Department of Public Health estimates that the obesity epidemic costs San Francisco $192 million a year in medical expenses, lost productivity and workers' compensation. The estimated costs to the Department for diabetes for the year 2005 was $25 million. The rise in obesity rates has coincided with Americans eating more meals outside of the home. Such meals contribute to the growing rate of obesity, as evidenced by the following: • In 1970, Americans spent just 26% of their food dollars on restaurant meals and other foods prepared outside the home. Today, Americans spend 47.9% of their food dollars on away-from-home foods; • Between 1972 and 1997, the per capita number of fast-food restaurants doubled, and the per-capita number of full-service restaurants rose by 35%; • The increase in per capita restaurants accounts for 65% of the increase in the percentage of those who are obese; • About one-third of the calories in an average American's diet come from restaurant or other away-from-home foods; • On average, children and youth aged 11-18 visit fast food outlets of twice a week; • Studies have shown a positive association between eating out and higher caloric intakes and higher body weights; • Children eat almost twice as many calories (770) when they eat a meal at a restaurant as they do when they eat at home (420); • Restaurant foods are generally higher in those nutrients for which over consumption is a problem, such as fat and saturated fat, and lower in nutrients required for good health, such as calcium and fiber; • It is not uncommon for a restaurant entree to provide half of a day's calories, saturated and trans fat, or sodium; • Portion sizes are often large at restaurants and people tend to eat greater quantities of food when they are served more, whether or not they are hungry; • Observational studies have shown that people who frequently consume food away from home tend to weigh more. Without nutrition information, consumers consistently underestimate the nutritional content of restaurant foods, as evidenced by the following: • In a California field poll about the nutritional value of typical fast food and restaurant menu items, not a single respondent was able to answer all four questions correctly. Less than 1% answered three out of four questions correctly, and only 5% answered two out of four questions correctly. Nearly 68% were not able to answer a single question correctly; • An FDA-commissioned report concluded that without access to nutritional information, consumers are not able to assess the caloric content of foods; • One study illustrated that restaurant foods contain almost twice the number of calories estimated by consumers; • Another study showed that even trained nutrition professionals consistently underestimate the calorie content of restaurant foods by 200 to 600 calories; • The public's knowledge of the nutritional content of restaurant foods is incomplete, especially compared to pre-packaged foods. Moreover, the fact that chain restaurants' serving sizes are so varied and large, and their prices are so low, can mislead and even deceive the public regarding the amount of an actual serving size and how many calories a portion contains. When nutrition information is provided, consumers use it to make healthier choices, as evidenced by the following: • Three-quarters of American adults report using nutritional labels on packaged foods; • Studies show that the use of food labels is associated with eating more healthful dies; • Almost half of consumers report that the information provided on food labels has caused them to change their mind about buying a food product;

• With nutrition information, consumers are 24%-37% less likely to select high-calorie items. The Federal Nutrition Labeling and Education Act requires food manufacturers to provide nutrition information on nearly all packaged foods, but explicitly exempts restaurants from that requirement. The current system of voluntary nutritional disclosures by restaurants is inadequate. Approximately two-thirds of the largest chain restaurants fail to provide any nutritional information about their menu item to customers. Those that do provide such information often do not do so at the point of sale, but rather on websites or in brochures available only by request. Competition within the food service industry is healthy and desirable but cannot lead to healthier food options when consumers are not able to make choices based upon the nutritional value of the food offered. 84% of Californians are in favor of nutritional labeling in restaurants. The United States Surgeon General, the Food and Drug Administration, the National Academies' Institute of Medicine, and the American Medical Association have all recommended nutritional labeling of restaurant food as a strategy to address rising obesity rates. The aforementioned findings are based on studies referenced in the "Statement of Legislative Findings," a copy of which is on file with the Clerk of the Board of Supervisors in File No. ____________ and is incorporated herein by reference. Therefore, it is the intent of the Board of Supervisors, in enacting this ordinance to provide consumers with basic nutritional information about prepared Foods sold at Chain Restaurants so that consumers can make informed Food choices; and to foster fairness and encourage beneficial competition among the Chain Restaurants of the City and County of San Francisco. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

(a) "Chain Restaurant" means a Restaurant within the City and County of San Francisco that offers for sale substantially the same Menu Items, in servings that are standardized for portion size and content, and is one of a group of 20 or more Restaurants in California that either: (1) operate under common ownership or control; or (2) operate as franchised outlets of a parent company, or (3) do business under the same name. (b) "Director" shall mean the Director of Health, or his designated agents or representatives. (c) "Food" means any substance in whatever form for sale in whole or in any part for human consumption such as, for example, meals, snacks, desserts, and beverages of all kinds. (d) "Food Tag" shall mean a label or tag that identifies any Food item offered for sale at a Chain Restaurant, such as, for example, a label placed next to a cherry pie showing a picture of a cherry and listing the price per slice. (e) "Menu" means any list or pictorial display of Food, and price(s), offered for sale at a Restaurant including menus distributed or provided outside of the Restaurant, but does not include a Menu Board. (f) "Menu Board" means any list or pictorial display of Food, and price(s), offered for sale at a Restaurant that is posted in a Restaurant and intended for shared viewing by multiple customers such as, for example, back-lit marquee signs above the point of sale at fast-food outlets and chalk boards listing offered Food items or any list of Food offered for sale at a Restaurant that is posted and intended for viewing by customers purchasing Food to go, such as, for example, a drive-through menu. (g) "Menu Item" means an item described on a Menu, a Menu Board, or a Food Tag that is prepared, un-prepackaged Food; and also means a combination item appearing on a Menu, a Menu Board, or a Food Tag such as, for example, a "kids meal," that contains any prepared, un-prepackaged Food, such as a hamburger, and any prepackaged Food, such as a carton of milk. (h) "Restaurant" means a facility at which any prepared, un-prepackaged Foods are offered for sale and consumption on or off the premises such as, for example sit-down restaurants; cafes; coffee stands; and fast-food outlets, but not grocery stores. "Restaurant" may also include separately owned food facilities that are located in a grocery store but does not include the grocery store. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008; Ord. 195-08, File No. 080826, App. 8/7/2008)

(a) Required Nutritional Information. Except as provided in Subsection (h), each Chain Restaurant shall make nutritional information available to consumers for all Menu Items. This information shall include, but not be limited to, all of the following, per Menu Item, as usually prepared and offered for sale: (1) Total number of calories, expresses to the nearest 10 calories for values above 50 calories and to the nearest 5 calories for values 50 calories and below;

(2) Total number of grams of saturated fat, expressed to the nearest gram for values 5 grams and above, to the nearest half gram for values below 5 grams, and as 0 for values below one-half gram; (3) Total number of grams of carbohydrates, expressed to the nearest gram for values 1 gram and above, as "less than 1g" for values below 1 gram, and as 0 for values below one-half gram; and (4) Total number of milligrams of sodium, expressed to the nearest 10 milligrams for values above 140 milligrams, to the nearest 5 milligrams for values between 5 and 140 milligrams, and as 0 for values below 5 milligrams. (b) Information on Menus. (1) Each Chain Restaurant that uses a Menu shall provide the nutritional information required by Subsection (a) next to or beneath each Menu Item using a size and typeface that is clear and conspicuous. (2) Each Chain Restaurant that uses a Menu shall include the following statement on the Menu in a clear and conspicuous manner: "Recommended limits for a 2,000 calorie daily diet are 20 grams of saturated fat and 2,400 milligrams of sodium." (c) Information on Menu Boards. (1) Each Chain Restaurant that uses a Menu Board shall provide on the Menu Board the nutritional information required by Subsection (a)(1) next to or beneath each Menu Item on the Menu Board using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the Menu Item. (d) Information on Food Tags. Each Chain Restaurant that uses a Food Tag shall provide on the Food Tag the nutritional information required by Subsection (a)(1) using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the Menu Item. (e) Range of Nutritional Information for Different Flavors and Varieties. (i) If a Chain Restaurant offers a Menu Item in more than one flavor or variety (such as beverages, ice cream, or doughnuts) and lists the item as a single Menu Item, the range of values for the nutritional information for all flavors and varieties of that item (i.e., the minimum to maximum numbers of calories) shall be listed for each size offered for sale. If the Menu Item's flavors and/or varieties include diet items containing less than 10 calories, the Chain Restaurant shall post a separate range of values for such diet items. (ii) If a Chain Restaurant offers pizzas in different sizes as Menu Items, the nutritional information required by Subsection (a) may be listed on the Menu and/or Menu Board by serving size for each type of pizza if the Chain Restaurant does both of the following: (1) displays the definition of the serving size (i.e., 1 slice) on the Menu and/or Menu Board using a size and typeface that is clear and conspicuous, and (2) displays the number of servings for each size of each type of pizza next to or beneath the price for each size using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the Menu Item. (f) Disclaimers. Menus, Menu Boards, and Food Tags may include a disclaimer that indicates that there may be minimal variations in nutritional content across servings, based on slight variations in overall size and quantities of ingredients, and based on special ordering. (g) Verifiable and Reliable Information Required. (1) The nutrition information required by this section and Section 468.4 shall be based on a verifiable analysis of the Menu Item, which may include the use of nutrient databases, cookbooks, laboratory testing, or other reliable methods of analysis. (2) A Restaurant is in violation of this section and Section 478.4 if the provided nutritional information required by these sections: (i) Is not present in the location or in the form required by these sections: (ii) Is different than what the Restaurant knows or believes to be the true and accurate information; or (iii) Deviates from what actual analysis or other reliable evidence shows to be the average content of a representative sample of the Menu Item by more than 20%. (h) Food Items Excluded. This section and Section 468.4 shall not apply to: (1) Items placed on the table or at a counter for general use without charge, such as, for example, condiments: (2) Alcoholic beverages; and (3) Items that are on the Menu, Menu Board or Food Tag for less than 30 consecutive days in a calendar year. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008; Ord. 195-08, File No. 080826, App. 8/7/2008)

DISCLOSURE MEDIA OTHER THAN MENUS, MENU BOARDS AND FOOD TAGS. [SUSPENDED.* ] (a) Each Chain Restaurant shall make the following nutrition information available to consumers per Menu Item, as usually prepared and offered for sale, on the disclosure media provided for in Subsection (c): calories, protein, carbohydrates, total fat, saturated fat,

artificial trans fat cholesterol, fiber and sodium. The nutrition information shall consist of the following items: (1) A heading titled "Nutrition Information" or equivalent heading acceptable to the Department of Public Health. (2) The nutritional information required by Section 468.3(a). (3) Protein shall be expressed to the nearest gram for values 1 gram and above, as "less than 1g" for values below 1 gram, and as 0 for values below one-half gram. (4) Cholesterol shall be expressed to the nearest 5 milligrams for values above 5 milligrams, expressed as "less than 5 mg" for values between 2 and 5 milligrams, and expressed as zero for values below 2 milligrams. (5) Fiber shall be expressed to the nearest gram for values 1 gram and above, as "less than 1g" for values below 1 gram, and as 0 for values below one-half gram. (6) Total fat and artificial trans fat shall be expressed to the nearest gram for values 5 grams and above, to the nearest half gram for values 5 grams, and as 0 for values below one-half gram. (b) Customers must be able to obtain nutrition information without the necessity of purchasing food. (c) The information required by Subsection (a) must be disclosed, in a size and typeface that is clear and conspicuous, either on a printed poster of a size no smaller than 18 inches by 24 inches or in a printed brochure or booklet, that is displayed in a conspicuous place and readily visible to customers either: (1) at the point of sale; (2) near the front door; (3) on or near the host/hostess desk or reception area; or (4) at any point in or near the entryway or waiting area of the restaurant. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008; Ord. 195-08, File No. 080826, App. 8/7/2008)

By August 1, 2008, and July 1st of every year thereafter, Chain Restaurants shall report to the Department of Public Health the information required by Sections 468.3 and 468.4 in an electronic format determined by the Department. The Department shall make this information available to the public. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008; Ord. 195-08, File No. 080826, App. 8/7/2008)

(a) Cumulative Remedies. The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity. (b) Administrative Remedies. The Director may enforce the provisions of Sections 468.3 through 468.5 by serving a Notice of Violation requesting a Chain Restaurant to appear at an administrative hearing before the Director at least 20 days after the Notice of Violation is mailed. At the hearing, the Chain Restaurant cited with violating the provisions of these sections shall be provided an opportunity to refute all evidence against it. The Director shall oversee the hearing and issue a ruling within 20 days of its conclusion. The Director's ruling shall be final. If the Director finds that a Chain Restaurant has violated any of the provisions of Sections 468.3 through 468.5 or refuses to comply with these sections, the Director may order either of the following penalties: (1) Suspension or revocation of the permit issued by the Director pursuant to Sections 451 et seq. of this Code; or (2) An administrative fine in an amount (1) not exceeding one hundred dollars ($100.00) for a first violation; (2) not exceeding two hundred dollars ($200.00) for a second violation within one year; (3) not exceeding five hundred dollars ($500.00) for each additional violation within one year. In assessing the amount of the administrative penalty, the Director shall consider any one or more of the relevant circumstances presented by any of the parties to the hearing, including but not limited to the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the Chain Restaurant's misconduct, and the Chain Restaurant's assets, liabilities, and net worth. Any penalty assessed and recovered pursuant to this paragraph shall be paid to the City Treasurer and credited to the Department Environmental Health Section Special Revenue Account. (c) Civil Penalties. Violations of Sections 468.3 through 468.5 are subject to a civil action brought by the City Attorney, punishable by a civil fine not less than two hundred fifty dollars ($250.00) and not exceeding five hundred ($500.00) per violation. Unless otherwise specified in this section, each day of a continuing violation shall constitute a separate violation. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the City Treasurer and credited to the Department Environmental Health Section Special Revenue Account.

(d) Action for Injunction. The City Attorney may bring a civil action to enjoin a violation of Sections 468.3 through 468.5. (e) Aiding and Abetting. Causing, permitting, aiding, abetting, or concealing a violation of any provision of Sections 468.3 through 468.5 shall also constitute a violation of this ordinance. (f) Enforcement Agency. The Department of Public Health shall supervise compliance with Sections 468.3 through 468.5 and shall enforce those sections. The Director may adopt rules and regulations to give effect to those sections. In addition to the reporting requirements of Section 468.5, the Director may request information from Chain Restaurants that is reasonably necessary to the enforcement of those sections. The Department may impose the penalties provided in this Section for failure to comply with such a request. Notwithstanding, any other person legally permitted under Federal law, under State law, under Sections 468.3 through 468.5, or under other provisions of this Code to enforce a provision of these sections may enforce that provision. Such persons may include, for example: peace officers; code enforcement officials; and City officials, employees, and agents. (g) Fees. In order to implement the requirements set forth in this ordinance, the Department of Public Health is hereby authorized to impose a surcharge of $350.00 for the permit issued to Chain Restaurants pursuant to Sections 451 et seq. of this Code. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008; Ord. 195-08, File No. 080826, App. 8/7/2008)

It is the intent of the Board of Supervisors to supplement applicable State and Federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The Board of Supervisors hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

The disclosure requirements set forth in Sections 468.3(b) and 468.4(c) shall become operative on September 20, 2008. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008; Ord. 195-08, File No. 080826, App. 8/7/2008)

In order to promote enforcement of Section 114094 of the California Health and Safety Code, the Board of Supervisors suspends Sections 468.3 through 468.8. During the period of suspension, Sections 468.3 through 468.8 shall have no force or effect and shall not be enforced. The Department of Public Health shall take any and all appropriate actions to enforce Section 114094 of the California Health and Safety Code. (Added by Ord. 260-08, File No. 081377, App. 11/25/2008) SECS. 469-469.10. [REPEALED.] Editor's Note: Ordinance 295-06, File No. 060944, approved November 29, 2006, repealed Secs. 469 through 469.10, which pertained to food packaging. For provisions relating to similar subject matter, see Environment Code, Chapter 16 ("Food Service Waste Reduction Ordinance").

(Added by Ord. 191-12 , File No. 120668, App. 9/11/2012, Eff. 10/11/2012; amended by Ord. 88-15 , File No. 150349, App. 6/18/2015, Eff. 7/18/2015; redesignated as Administrative Code Sec. 5.10-1 and amended by Ord. 173-18, File No. 180521, App. 7/17/2018, Eff. 8/17/2018)

(Former Sec. 470.1 added by Ord. 206-05, File No. 050741, App. 8/12/2005; amended by Ord. 19-08, File No. 071668, App. 2/15/2008; Ord. 29-10, File No. 091446, App. 2/11/2010; expired 1/30/2012)

(Added by Ord. 191-12 , File No. 120668, App. 9/11/2012, Eff. 10/11/2012; amended by Ord. 88-15 , File No. 150349, App. 6/18/2015, Eff. 7/18/2015; redesignated as Administrative Code Sec. 5.10-2 and amended by Ord. 173-18, File No. 180521, App. 7/17/2018, Eff. 8/17/2018) (Former Sec. 470.2 added by Ord. 206-05, File No. 050741, App. 8/12/2005; amended by Ord. 19-08, File No. 071668, App. 2/15/2008; Ord. 29-10, File No. 091446, App. 2/11/2010; expired 1/30/2012) [Healthy Food Incentives Ordinance]

1. In the last thirty-five years, obesity has grown into a public health problem of epidemic proportions. Seventy-three million Americans are obese according to a 2010 report issued by the CDC – an increase of 2.4 million from 2007. At least 17 percent of American children ages 2-19 years are now considered overweight or obese. An additional 17 percent are identifiably at risk of becoming overweight. Since the 1970s, obesity rates have doubled among preschool children ages 2-5 years and adolescents aged 12-19 years, and more than tripled among children aged 6-11 years.

2. In 2008, approximately 29 percent of 5th graders, 26 percent of 7th graders, and 25 percent of 9th graders in San Francisco had weights above the healthy fitness zone range of the California Department of Education fitnessgram assessment.

3. Obesity, overweight, and unhealthy eating habits pose a serious risk to the health and welfare of San Francisco's children and adolescents. Children and adolescents who are obese or overweight have an increased risk of being obese or overweight as adults, with 75 percent of children who are overweight expected to be overweight as adults.

4. Childhood obesity also increases children's chances of experiencing chronic health problems later in life. During childhood and adolescence, obese and overweight individuals are already more likely than their peers to exhibit risk factors for heart disease (including elevated cholesterol levels, triglyceride levels, and blood pressure), risk factors for cancer, and impaired glucose tolerance, a precursor for development of Type 2 diabetes. In recent years, Type 2 diabetes in children and adolescents has risen dramatically in conjunction with increases in obesity and overweight.

5. The Institute of Medicine has found that the prevalence of obesity among children is so great that it may reduce the life expectancy of the current generation of children and diminish the overall quality of their lives.

6. Childhood obesity and overweight also have serious economic costs. Nationally, the annual costs of providing inpatient treatment to children diagnosed with obesity increased from $125.9 million in 2001 to $237.6 million in 2005. In addition to inpatient treatment, an estimated $14.1 billion is spent nationally on prescription drug, emergency room, and outpatient visit expenses each year as a result of childhood obesity and overweight. About 7 percent of San Francisco Public Health Department's unreimbursed medical payments are attributable to obesity among San Franciscans. As children and adolescents in San Francisco become adults, their high rates of obesity and overweight are likely to contribute to the already high economic costs of healthcare and loss of productivity associated with adult obesity in San Francisco.

7. San Francisco has invested considerable resources to combat childhood obesity, offering a wide range of community programs. Shape Up San Francisco, a multidisciplinary government coalition, provides an annual Walking Challenge, a Safe Routes to School program to encourage children to walk or bike to school, and the Rethink Your Drink marketing campaign to discourage soda consumption. The San Francisco WIC program also has a Healthy Eating, Active Living campaign to increase WIC families' access to fresh, healthy food. Despite these measures, childhood obesity rates continue to rise and concern San Franciscans.

8. San Francisco parents identify childhood obesity as a significant concern for their families. A 2003 survey by the Kaiser Family Foundation found that nearly all Bay Area adults said that being overweight or obese was a significant problem currently faced by children and teens, with 69 percent of adults describing it as major problem. In 2006, 21 percent of Bay Area parents in the Bay Area Parent Poll reported being somewhat or very concerned about their child's weight. The 2007 Bay Area Parent Poll showed that 26 percent of parents picked weight as their primary concern for their children- the second highest primary concern, after stress.

9. San Francisco families want their children to have access to healthy, nutritional food and to make healthy choices from the food available. The 2003 survey by the Kaiser Foundation found that approximately 70 percent of Bay Area parents consider nutritional value to be very important when buying food for their household. In addition, the survey showed that 42 percent of Bay Area adults felt that the food industry has a significant responsibility in addressing obesity.

10. San Francisco families also face limited time to obtain and prepare nutritional food, making dining out an appealing and often necessary option. The 2003 Kaiser Foundation study showed that 40 percent of Bay Area parents said that their child ate at least one fast food meal or snack on a typical day. More San Franciscans are eating out at least several times a week, with 14 percent of Bay Area parents reporting that their child did not eat dinner cooked at home on most nights in 2003. Fifty-seven percent of Bay Area parents said their child eats out at a restaurant at least once a week, and 14 percent of Bay Area parents said their child eats out at a restaurant between two and seven days a week.

11. The food that children and adolescents consume at restaurants has a significant impact on their risk of developing obesity, overweight, or other related health risks. Studies have shown a positive association between eating out and higher caloric intakes and higher body weights. Research shows that consumption of fast food, sugar-sweetened beverages, and other restaurant offerings by children and adolescents is frequently associated with overeating, poor nutrition, and weight gain. About one-third of the calories in an average American's diet come from restaurant or other away-from-home foods. Children eat almost twice as many calories (770) when they eat a meal at a restaurant as they do when they eat at home (420).

12. The Institute of Medicine and the U.S. Department of Health and Human Services, among other public health agencies, have developed guidelines and recommendations on healthy nutritional standards for children's meals. The food and beverages that restaurants typically serve to children and adolescents often fail to meet these accepted nutritional recommendations. Ninety-eight percent of California school children have diets that do not meet the current dietary recommendations.

13. Restaurant foods are generally higher in those nutrients for which over-consumption is a problem, such as fat and saturated fat, and lower in nutrients required for good health, such as calcium and fiber. An analysis of nutrient quality of children's meals served by restaurant chains found that only 3 percent met USDA criteria for meals served under the National School Lunch Program. Children who ate restaurant food compared with those who did not consumed more total fat, more total carbohydrates, more sugar-sweetened beverages, less fiber, less milk, and fewer fruits and non-starchy vegetables.

14. Dietitians with the non-profit Physicians Committee For Responsible Medicine (PCRM) analyzed the menu offerings at five major restaurants and found that most children's meals are alarmingly high in fat, cholesterol and calories. Some contain more sodium and as much saturated fat as a child should consume in an entire day.

15. America's rising obesity rates reflect increased intake of oils, cheese, meat and frozen deserts, as reported in the American Journal of Clinical Nutrition. Children's menus at the largest chain restaurants are dominated by burgers, chicken nuggets, macaroni and cheese, French fries, and soft drinks. The most common entree on children's menus is fried chicken in some form, available at 89 percent of the largest chain restaurants.

16. Portion sizes are often large at restaurants and people tend to eat greater quantities of food when they are served more, whether or not they are hungry.

17. Restaurants encourage children and adolescents to choose specific menu items by linking them with free toys and other incentive items. The Federal Trade Commission (FTC) estimated that the ten restaurant chains surveyed spent $360 million in 2006 to acquire toys distributed with children's meals. The FTC reported that in 2006, fast food restaurants sold more than 1.2 billion meals with toys to children under 12, accounting for 20 percent of all child traffic.

18. The Center for Science in the Public Interest analyzed-children's meals at major restaurant chains in 2008 and found that many exceed the recommended caloric limits for children. And almost every high-calorie meal in the study came with toys.

19. Toys, games, trading cards, admission tickets, and other items given out by restaurants tend to be particularly appealing to children and adolescents. Digital incentives like computer games and on-line media similarly appeal to youth.

20. Research shows that parents frequently make purchases based on requests made by children, particularly for items that are geared toward children. Additionally, children and adolescents ages 4-17 years have increasing discretionary income that is frequently spent on restaurant food.

21. The FTC recommends that companies adopt nutrition-based standards for food and beverages targeted at children. However, as of March 2010, 35 of 45 major national restaurant chains surveyed had no policies or extremely vague policies on this issue, and the remaining 10 restaurant chains were found to have key weaknesses in their policies or the nutritional criteria used.

22. By enacting this ordinance, the City seeks to regulate the sales practice of restaurants physically packaging or tying a free toy (or other incentive item) with unhealthy food for children. The City does not seek to limit or regulate any speech, communication or advertising on the part of any restaurant in any manner. Nor does the City seek to ban entirely the practice of tying free toys with children's meals. Rather, the ordinance allows restaurants to engage in this conduct so long as the toy or incentive item is tied with a meal or single food item that meets specified nutritional standards. By limiting this sales practice to healthy food, the ordinance seeks to encourage and increase the likelihood that parents will make healthier choices for their children when eating out in restaurants, and to encourage and increase the likelihood that children will make healthier choices for themselves at restaurants. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

This Ordinance shall be known as the "Healthy Food Incentives Ordinance." The intent of this Ordinance is to improve the health of children and adolescents in San Francisco by setting healthy nutritional standards for children's meals sold at restaurants in combination with free toys or other incentive items. These standards will support families seeking healthy eating choices for their children by permitting restaurants to give away free toys and other incentive items in combination with foods only if those foods meet specified nutritional criteria. This Ordinance imposes no requirements or regulations for the advertising or labeling of food or beverages or the disclosure of ingredients. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

(a) "City" means the City and County of San Francisco. (b) "Department" means the Department of Public Health. (c) "Director" means the Director of the Department of Public Health, or his or her designee. (d) "Incentive Item" means (1) any toy, game, trading card, admission ticket or other consumer product, whether physical or digital, with particular appeal to children and teens but not including "Single Use Articles" as defined in California Health & Safety Code Section 113914 as of January 1, 2009, or (2) any coupon, voucher, ticket, token, code, or password redeemable for or granting digital or other access to an item listed in (d)(1). If the incentive item consists of a food product, the food product shall be considered as part of the Meal under Section 417.4. for purposes of determining whether the Meal meets the nutritional standards. (e) "Meal" means any combination of Food Items offered together for a single price. (f) "Restaurant" means an establishment that stores, prepares, packages, serves, vends, or otherwise prepares food for human consumption at the retail level for consumption on or off the premises. "Restaurants" include, but are not limited to, establishments: (1) primarily engaged in providing food services to patrons who order and are served while seated, and pay after eating, (2) primarily engaged in providing food services where patrons generally order or select items and pay before eating, or (3) engaged in providing take- out food services where patrons order ready-to-eat food generally intended for immediate consumption off the premises. Restaurants may also include separately owned food facilities that are located in a grocery store but does not include the grocery store. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

(a) Meals. A Restaurant may give away a free Incentive Item in combination with the purchase of a Meal only if the Meal meets the following nutritional standards: (1) Calories. Less than six hundred (600) calories; (2) Sodium. Less than six hundred and forty milligrams (640 mg) of sodium; (3) Fat. Less than thirty-five percent (35%) of total calories from fat, except for fat contained in nuts, seeds, peanut butter or other nut butters, or an individually served or packaged egg, or individually served or packaged low-fat or reduced fat cheese; (4) Saturated Fat. Less than ten percent (10%) of total calories from saturated fats, except for saturated fat contained in nuts, seeds, peanut butter or other nut butters, an individually served or packaged egg, or individually served or packaged low-fat or reduced fat cheese; (5) Trans Fat. Less than 0.5 grams of trans fat; (6) If the Meal includes a Beverage, the Beverage must meet the criteria set forth below in (b). (7) Fruits and Vegetables. Contains 0.5 cups or more of fruits and 0.75 cups or more of vegetables for a Meal unless the Meal is served as breakfast and consists of food typically considered to be breakfast items. Breakfast meals must contain 0.5 cups of fruit or vegetables. (b) Single Food Items and Beverages. A Restaurant may give away a free Incentive Item in combination with the purchase of a Single Food Item or Beverage only if the Single Food Item or Beverage meets the following nutritional standards: (1) Fat. Less than thirty-five percent (35%) of total calories from fat; (2) Sugars. Less than ten percent (10%) of calories from added caloric sweeteners. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

(a) The Director may issue administrative citations for the violation of Section 471.4. San Francisco Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," is hereby incorporated in its entirety and shall govern the amount

of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this Section. (b) The Department of Public Health shall inspect restaurants for compliance with Section 471.4 and shall enforce Sections 471.1-471.4. The Director may adopt rules and regulations to give effect to those sections. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

In adopting this Chapter, the Board of Supervisors does not intend to regulate or affect the rights or authority of the State or Federal government to do those things that are required, directed, or expressly authorized by Federal or State law. Further, in adopting this Chapter, the Board of Supervisors does not intend to prohibit or authorize that which is prohibited by Federal or State law. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

In undertaking the adoption and enforcement of this Chapter, the City is assuming an undertaking only to promote the general welfare. The City does not intend to impose the type of obligation that would allow a Person to sue for money damages for an injury that the Person claims to suffer as a result of a City officer or employee taking or failing to take an action with respect to any matter covered by this Chapter. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

If any of the provisions of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of this Chapter, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Chapter are severable. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

The provisions of the Ordinance shall become effective on December 1, 2011. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)