Saratoga Municipal Code Art. 7-25 Sale of Food

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise:

(a) Food means all articles used for food, drink, confectionary, or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.

(b) Food establishment means any public or private restaurant, market, shop, store, delicatessen, warehouse, cold storage plant or other plant or place in or about which any food is kept, held, sold, prepared, compounded or offered for sale for human consumption. Such establishments shall specifically include, but shall not be restricted to, bakeries, bottling works, food and condiment packers, fruit and vegetable stands, markets and any other premises where food products are kept, stored, handled, manufactured or offered for sale, ice stations and all food processing or cannery plants of any type.

(c) Health Officer means the County Director of Public Health or any other person duly authorized to act in his behalf.

(d) Mobile canteen means any vehicle or other mobile unit purveying, for immediate human consumption, foods that have been cooked, mixed, blended, compounded or prepared in establishments permitted for that purpose only and under an approved local, State or federal inspection service.

(e) Other mobile units means any vehicle, truck, trailer, cart, wagon, dray, conveyance or structure not firmly fixed to a permanent foundation which does not specifically require a license to operate by the State Department of Motor Vehicles.

(f) Processed meats means any meat or meat food product that has been canned, potted, cased, cooked, cured or otherwise prepared for human consumption under the inspection, and carrying the brand, of an official meat inspection service approved by the Bureau of Meat Inspection of the State Department of Agriculture. This definition does not include fresh meat, cased fresh ground meat, fish or poultry of any kind.

(g) Processing includes cooking, mixing, blending, compounding or the preparation of foods for human consumption.

(h) Restaurant means any eating or drinking establishment which sells or offers for sale to the public any food for immediate human consumption, and includes any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, public school lunchroom or cafeteria, labor and construction camp kitchens, dining rooms, public boardinghouse, box lunch establishments, catering services and barbecue pits in which food or drink is prepared on the premises for sale or distribution elsewhere. The term shall also include all cafeterias or restaurants serving commercial establishments as part of the organization and serving the public, whether as employees or visitors.

(i) Utensils means kitchenware, tableware, glassware, cutlery, containers, machinery, implements and receptacles used in processing, storage, distribution or serving of food or drink.

(j) Vehicle means any automobile, truck, trailer or other conveyance requiring a license from the State Department of Motor Vehicles.

The duty and authority to enforce the provisions of this Article are hereby delegated to the County, to be performed by the Health Officer and his authorized representatives.

(a) Permit required. No person shall operate a food establishment in the City or sell, offer for sale, distribute or have in his possession for sale or distribution in the City any food or drink intended for human consumption unless possessing a permit to do so from the Health Officer.

(b) Application for permit; inspection of premises. Application for a permit under this Section shall be made in writing to the Health Officer on such form as he may prescribe. The Health Officer shall, upon receipt of such application, make or cause to be made an examination of the premises for which such permit is requested.

(c) Issuance or denial of permit. If, upon examination of the premises for which application for a permit is made, the Health Officer shall find such premises, buildings, and the equipment and apparatus therein to be in accordance with the laws of the State, the requirements of this Article and the rules and regulations of the Health Officer, he shall issue a permit for the conduct of such business. Such permit shall be issued annually for the calendar year. The Health Officer is hereby empowered to deny or withhold a permit for which an application has been made if, in his judgment, the requirements of State law or this Article are not met.

(d) Permit fees. The fee for issuance of a permit under this Section shall be such amount, and payable at such time, as established by resolution of the Board of Supervisors.

(e) Transferability of permit. No permit for any food establishment within the City shall be transferable.

(f) Suspension or revocation of permit. The Health Officer may suspend or revoke any permit authorized by this Section whenever he finds that the holder of such a permit fails or refuses to comply with the laws of the State, this Article, or any rules and regulations of the Health Officer. If any permit under this Section shall be suspended or revoked by the Health Officer, no person shall, after such revocation, or during the period of such suspension, sell or traffic in any food or drink products at such establishment.

(g) Renewal of permit. Renewal of permits issued under this Section shall be applied for and acted upon in the same manner as specified for the original issuance thereof.

(h) Exemptions from permit requirement. No permit under this Section shall be required of any food establishment licensed by the State Department of Health, the Bureau of Meat Inspection of the State Department of Agriculture or the meat inspection division of the United States Department of Agriculture.

(i) Notification of purchase or sale of food establishment. Every person who shall sell, exchange, give away, abandon, or discontinue any food establishment within the City, and every person who shall purchase or otherwise acquire any such food establishment within the City shall immediately notify the Health Officer as to the fact thereof.

(a) Permit required. No person shall vend, peddle, sell or hold for sale any food intended for human consumption from a vehicle or other mobile unit in the City unless such person has applied for and received a permit from the Health Officer to do so for each vehicle or mobile unit so used.

(b) Exemption from permit requirement. No permit under this Section shall be required of growers or producers who offer for sale only fruits or vegetables produced on their own or leased premises within the confines of the City. Facilities and food handling methods shall in all other particulars comply with the requirements of this Article.

(c) Application for permit; inspection of vehicle or other mobile unit. Applications for permits required by this Section shall be made in writing to the Health Officer on such form as he may prescribe. The Health Officer shall, upon receipt of such application, make or cause to be made an examination of the vehicle or other mobile unit for which such permit is requested.

(d) Permit fees. The fee for issuance of a permit under this Section shall be such amount, and payable at such time, as established by resolution of the Board of Supervisors.

(e) Issuance or denial of permit. If, upon examination, the Health Officer shall find such vehicles or other mobile units and the equipment therein to be in accordance with the laws of the State, the requirements of this Article and the rules and regulations of the Health Officer, the Health Officer shall issue a permit for each vehicle or mobile unit. Such permit shall be issued annually for the calendar year. The Health Officer is hereby empowered to deny or withhold a permit for which an application has been made if, in his judgment, the requirements of State law or this Article are not met.

(f) Transferability of permit; notice of purchase or sale of vehicle. Permits for any vehicle or other mobile unit issued pursuant to this Section shall not be transferable. Every person who shall sell, exchange, give away, abandon or discontinue any such vehicle or other mobile unit within the City and every person who shall purchase or otherwise acquire any such vehicle or other mobile unit within the City shall immediately notify the Health Officer as to the fact thereof.

(g) Renewal of permit. Renewal of permits issued under this Section shall be applied for and acted upon in the same manner as specified for the original issuance thereof.

(h) Posting of permit. Permits issued pursuant to this Section shall be posted in a conspicuous place upon the vehicle or other mobile unit at all times. The classification name of the food products sold and the name and address of the owner shall be displayed upon at least two sides of each vehicle or other mobile unit for which a permit is granted.

(i) Suspension or revocation of permit. The Health Officer may suspend or revoke any permit authorized by this Section whenever he finds that the holder of such permit fails or refuses to comply with the laws of the State, this Article or any rules and regulations of the Health Officer. If any such permit shall be suspended or revoked by the Health Officer, it shall be unlawful during the period of such revocation or suspension for any person to sell or traffic in any food or drink products in the City in such vehicle or other mobile unit.

(j) Inspections by Health Officer. The Health Officer shall have the authority and shall be permitted in the course of his duty to enter into and upon and to inspect all vehicles or other mobile units and to inspect the foods, goods and merchandise sold or offered for sale as may be necessary in the enforcement of this Article. Refusal of such inspection shall constitute a violation of this Article and serve as grounds for permit revocation.

(k) Processing or preparation of foods in vehicles prohibited. The processing or preparation of foods for human consumption in any vehicle or other mobile unit is prohibited.

(l) Processed meats only to be sold from mobile canteens. Meats served from a mobile canteen shall be processed meats. The sale of fresh meats, food products prepared with fresh meats or prepared dinners is prohibited.

(m) Sale of highly perishable foods prohibited. The sale of prepackaged salads, cream-filled pastries or synthetic cream-filled pastries, custards and other foods of a highly perishable nature is prohibited.

(n) Sanitation requirements. All vehicles and other mobile units for which a permit is issued under this Section shall at all times comply with the following requirements:

(1) All vehicles and other mobile units shall be maintained in a clean and sanitary condition.

(2) The walls, shelves, floors and cabinet work of any vehicle or other mobile unit shall be kept clean and in good repair. They shall have smooth, washable surfaces.

(3) All openings to food storage areas shall be kept securely closed except during loading and unloading periods and when in the process of making a sale. Vehicles from which fresh fruit or vegetables only are vended shall be excepted from the provisions of this Paragraph.

(4) All utensils and other equipment shall be kept clean and in good repair.

(5) Refrigeration, where required by the Health Officer, shall maintain temperatures at or below forty degrees Fahrenheit. Heating, where required by the Health Officer, shall maintain temperatures at one hundred fifty degrees Fahrenheit or higher.

(6) Adequate provision shall be made for the storage of waste material in the vehicle or other mobile unit and for proper ultimate disposal.

(7) All food shall be so stored, displayed or dispensed as to be reasonably protected from dust, dirt, flies, vermin, unnecessary handling or other contamination. No food shall be stored or displayed less than eighteen inches above the ground.

(8) All vehicles or other mobile units in or from which unpackaged food is handled shall have adequate facilities for complete daily cleansing of utensils and other equipment.

(9) All employees and owners, while engaged in the operation of a vehicle or other mobile unit, shall wear clean outer garments and shall keep their hands clean. Vehicles from which fresh fruit or vegetables only are vended shall be excepted from the provisions of this Paragraph.

(10) No person shall work or be employed on a vehicle or other mobile unit who, in the opinion of the Health Officer, is infected with or is a carrier of any communicable disease.

(11) All packaged foods shall bear a label identifying the product, the ingredients and the name of the establishment where prepared. Packaged sandwiches shall bear a stamp indicating the date of preparation.

(12) Mobile canteens shall not park on public highways or roads for the purpose of making sales to the itinerant or casual customer. Vehicles or other mobile units parked longer than two hours in the same location shall be considered fixed establishments and as such shall necessarily meet the requirements for food establishments as set forth in Section 7-25.030 of this Article.

(13) The operator of every mobile canteen shall furnish the Health Officer with an itinerary of his proposed route and a schedule of timing. This itinerary shall be renewed from time to time as the route and time may vary. This requirement is for the express purpose of facilitating inspection procedures.

(14) Each mobile canteen shall be identified by placing the business name and operating address on each side of the vehicle in permanent letters at least four inches high.

(15) All food shall be packaged and sold in individual portions only. Food in broken packages may not be sold.

(16) Coffee is the only bulk food permitted for sale. Coffee, other than instant coffee, shall be prepared at an established plant under supervision. Tea or instant coffee are to be sold in individual packets or envelopes only.

The presence of any food in or about the place of business of any person dealing in food or in or about any vehicle used by any such person for the delivery of the same shall be prima facie evidence of intent on the part of such person to sell the same and of the fact that he is holding or offering the same for sale.

(a) Sale and distribution. No person shall sell or distribute to the retail trade in the City any raw milk, raw cream or other raw dairy product that does not meet the standards of certified milk or guaranteed raw milk as defined in this Section.

(b) Certified milk. Certified milk is market milk which conforms to the rules, regulations, methods and standards for the production and distribution of certified milk adopted by the American Association of Medical Milk Commissioners and must bear the certification of a milk commission appointed by a county medical association, organized under and approved by the medical society of the State. Such commission shall make fair and uniform rules pertaining to certified milk, and shall certify milk for any applicant who complies with such rules and the standards prescribed in this Section. All cream, skimmed milk, buttermilk or other dairy products sold, designed or advertised as certified shall be conspicuously marked with the name of the commission certifying it and certifying the milk from which such cream, skimmed milk and other dairy product is obtained.

(c) Guaranteed raw milk. Guaranteed raw milk is market milk which conforms to the following minimum requirements:

(1) The health of the cows and goats shall be determined at least once each month by an official representative of a milk inspection service approved or established by the Director of the State Department of Agriculture.

(2) It shall be produced on dairy farms which score not less than ninety percent on the dairy farm scorecard.

(3) It shall be bottled on the premises where produced and delivered in containers having the pouring lip completely protected from contamination.

(4) It shall be cooled immediately after being drawn from the cow or goat to fifty degrees Fahrenheit or less, and so maintained until delivered to the consumer, at which time it shall contain no more than 10,000 bacteria per milliliter.

(5) It must be sold to the customer within thirty hours after production and labeled to indicate the date of sale to the consumer. All persons who come in contact with the guaranteed raw milk must exercise scrupulous cleanliness and not be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease liable to be conveyed by milk. The absence of such germs in all such persons shall be determined by bacteriological and physical examination by the County Health Department or other person or laboratory approved in writing by the Health Department, conducted at the time of employment and every six months thereafter in a manner approved by the Health Officer.

The Health Officer is hereby authorized to make such rules and regulations, in addition to those contained in this Article, as in his opinion will best serve the public interest.

The Health Officer is hereby authorized and directed to seize and destroy or denaturize any tainted, decayed, or partially decayed or unwholesome meat, fish, shellfish, fowl, fruits, vegetables or other unwholesome food found within the City.

(a) No person, or agent or employee of any person, shall sell, offer for sale, distribute or have in his possession for sale or distribution in the City, any sausage or other meat food product, unless the same has been manufactured or prepared in accordance with the laws of the State.

(b) No person, or agent or employee of any person, shall sell, offer for sale, distribute or have in his possession for sale or distribution in the City, the flesh of any cattle, horse, sheep, lamb, swine or goat, unless the same bears on each primal part thereof, the "Inspected and Passed" stamp of an establishment operating under federal inspection, state inspection or approved municipal inspection.

The violation of any provision contained in this Article shall constitute a misdemeanor and a public nuisance, subject to the penalties as set forth in Chapter 3 of this Code.