Chapter 7.12 — FOOD ESTABLISHMENTS

Section 7.12.010 Food defined. 7.12.020 Meat and Food Inspector—Duties. 7.12.030 Power to destroy food. 7.12.040 Sale of unwholesome food. 7.12.050 Sale of unwholesome meat. 7.12.060 Sale of unbranded meat. 7.12.070 Manufacture from unbranded meat. 7.12.080 Protection of food— Contamination. 7.12.090 Meat permit required. 7.12.100 Application for permit. 7.12.110 Issuance of permit. 7.12.120 Duration of permit. 7.12.130 Transfer of permit. 7.12.140 Posting of permit. 7.12.150 Revocation—Suspension of permit. 7.12.160 Slaughterhouses—Requirements. 7.12.170 Sanitation of premises. 7.12.180 Lavatories, closets. 7.12.190 Keeping of live poultry beneath store. 7.12.200 Live animals in food establishments. 7.12.210 Meat markets in basements. 7.12.220 Sanitation of meat establishments. 7.12.230 Sanitation of food vehicles. 7.12.240 Refrigerators. 7.12.250 Meat racks. 7.12.260 Refuse cans. 7.12.270 Unauthorized stamps—Brands. 7.12.280 Personal cleanliness. 7.12.290 Clothing fabrics. 7.12.300 Diseased employees.

In this chapter, unless it appears from the context hereof that some other meaning is intended, the word FOOD shall mean any article or substance used as food, either liquid or solid, by humans, whether simple, mixed or compound. (1995 Code, § 7.12.010)

The Office of Municipal Meat and Food Inspector is hereby created. The Meat and Food Inspector shall be appointed by, and hold office during, the pleasure of the Manager. It is the duty of the Meat and Food Inspector to inspect all kinds of foods handled by markets, establishments and places of business in the city, intended for human consumption. (1995 Code, § 7.12.020)

The Meat and Food Inspector shall have the power, without liability, to condemn and destroy such foods as shall be found tainted, decayed, spoiled, unfit, unwholesome, deleterious or injurious. (1995 Code, § 7.12.030)

No person shall sell, exchange or deliver or keep or expose for sale, exchange or delivery as food for human consumption any spoiled, contaminated or unwholesome vegetables, fruits, cereals, butter, cheese or other foods. (1995 Code, § 7.12.040)

No person shall sell, exchange or deliver or keep or expose for sale, exchange or delivery as food for human consumption any tainted or diseased, any decayed or partly decayed or unwholesome meat food products or flesh of any cattle, hogs, sheep, swine, goats, fish, poultry or other animals. (1995 Code, § 7.12.050)

No person shall sell, exchange or deliver or have in possession, keep or expose for sale, exchange or delivery as food for human consumption, the flesh of any cattle, hogs, sheep, swine, goats or other animals or meat food products unless the same shall have been slaughtered and marked with the brand of approval placed on each primal part of the animal or on the food product containers under the supervision of the Meat Inspection Division of the United States Bureau of Animal Industry in accordance with the regulations relating to the inspection thereof, as provided by the Department of Agriculture of the United States or under the supervision of the state’s Department of Agriculture, in accordance with the regulations relating to the inspection thereof as prescribed by the state’s Department of Agriculture or under the supervision of any authorized inspection department whose brand or mark of approval is approved by the Meat and Food Inspection Department of the city. (1995 Code, § 7.12.060)

No person shall manufacture into sausage or other meat food products the flesh or meat of any animal designated in this chapter unless the flesh or meat shall bear the brand of approval, as provided in this chapter. (1995 Code, § 7.12.070)

It shall be the duty of every occupant, owner or lessee of any meat shop, slaughterhouse or food establishment where meat, meat products, fish, dressed poultry or any other foods for human consumption are kept, stored, handled, manufactured or offered for sale, to protect the same from dust, dirt, flies and vermin and prevent, as far as possible, handling by prospective buyers. (1995 Code, § 7.12.080)

No person shall slaughter, sell or deliver or have in possession for sale, slaughter, delivery or manufacture in the city the

flesh of any cattle, hogs, sheep, swine or other animals or meat food products, fish or poultry without having first applied for and obtained a permit to do so from the Meat and Food Inspection Department of the city in the manner hereinafter provided. (1995 Code, § 7.12.090)

Every applicant for a permit shall file with the Department a written application, which shall set forth the name and address of the applicant and description of the premises intended for the conduct of the business. (1995 Code, § 7.12.100)

If it shall appear to the Meat and Food Inspection Department, upon considering the application, that the statements therein are true and that the premises designated in the application are in proper sanitary and ratproof condition for the conduct of the business, and also that the provisions of all laws and regulations pertaining thereto have been complied with, the Department shall issue a signed permit. (1995 Code, § 7.12.110)

The permit shall be valid until the same is suspended or revoked by the Department or until the holder of the permit changes his or her place of business. (1995 Code, § 7.12.120)

Any person, who shall purchase the business for which a permit shall have been obtained and shall be in force at the time of the sale, may conduct and operate such business under the permit for a period of not more than 30 days from and after the date of the sale, unless the permit is suspended or revoked as herein provided; and the purchaser shall, during the period of 30 days, apply for and obtain a permit in the manner provided by this chapter. (1995 Code, § 7.12.130)

The written permit herein provided for, when issued, shall be kept, at all times, posted in a conspicuous place on the premises. (1995 Code, § 7.12.140)

The holder of any permit must strictly conform to all the provisions and requirements of this chapter; and in addition to the other penalties herein provided for, the Meat and Food Inspection Department may revoke or suspend any such permit whenever, in the discretion of the Department, it is deemed that a violation of any of the provisions of this chapter has been committed by any holder of any such permit. (1995 Code, § 7.12.150)

(A) Walls, floors. The floors and walls of the slaughterhouse, factory or processing room where meat, or meat products, fish or poultry are handled, manufactured or processed shall be maintained in a sanitary manner to prevent the surroundings under or about the same from becoming contaminated by filth or offensive matter. (B) Separation of killing room from feeding room. The slaughterhouse or killing room shall be separated from any room where stock or poultry are fed. (C) Cooling room; partition. A cooling room shall be provided apart from the killing room and shall be separated from the killing room by a tight partition in the side next or nearest the killing room. (D) Ventilation; screening of cooling room. The cooling room shall be thoroughly ventilated and well screened so as to exclude flies and other insects therefrom. (E) Covers for meat taken from slaughterhouse. All trucks and other conveyances used to transport meats, meat products, fish or dressed poultry from the slaughtering establishment must be provided with freshly cleaned canvas or burlap

covers sufficient in size to protect and cover the load at every point in its entirety from dust, dirt, flies and vermin. (F) Poultry slaughterhouses. No person shall conduct, maintain or carry on any poultry slaughterhouse unless such place is maintained and operated so as to conform to the following provisions: (1) Sanitation of premises, equipment. Every such place and every appurtenance, appliance and utensil maintained and used in connection therewith shall be kept clean and maintained in a sanitary condition. (2) Removal of waste. All refuse, offal and feathers shall be removed from the premises daily. (3) Meat containers. Separate metal containers shall be provided for dead fowls and parts. (4) Feather containers. Separate metal containers shall be provided for feathers. (1995 Code, § 7.12.160)

All parts of slaughtering establishments, including the slaughterhouses, storage rooms for meats and dressed poultry, factories, trucks, carts, wagons or other receptacles, stables or corrals used for livestock, shall be kept in a clean, wholesome condition. (1995 Code, § 7.12.170)

Sufficient lavatories, toilets and clothes closets with adequate light and ventilation must be provided, together with an ample supply of soap, towels and toilet paper, in all markets and food establishments. (1995 Code, § 7.12.180)

No person shall keep live chickens, ducks, geese, turkeys or other fowls in any cellar or basement underneath any grocery store, market or other place where foods for human consumption are kept for sale. (1995 Code, § 7.12.190)

No person shall keep any live chickens, turkeys, ducks, geese or live fowls of any kind or any cats, dogs or any animal in any room where any kind of foodstuffs such as are enumerated in this chapter are kept, prepared for sale or sold. (1995 Code, § 7.12.200)

No person shall conduct or maintain a fish or meat market in the basement of any building or in any space below the level of the street. (1995 Code, § 7.12.210)

Those portions of premises where meat food products, fish, dressed poultry or any meat are kept, stored, handled, manufactured or offered for sale shall have a smooth interior finish with no open joints or cracks in floors, walls or ceiling. The interior shall be painted with washable paint or other material satisfactory to the Meat and Food Inspector and shall be so refinished when, in his or her judgment, it becomes necessary. All working places and table tops shall be constructed of materials satisfactory to the Meat and Food Inspector. The premises must have adequate light and ventilation and be provided with a porcelain sink of adequate size with hot and cold running water. (1995 Code, § 7.12.220)

All vehicles used for delivery by retail meat shops, markets, grocery stores or other food establishments to customers of meats, meat products, fish, dressed poultry or any other foods for human consumption must be kept in a clean, wholesome condition. (1995 Code, § 7.12.230)

All slaughterhouses, markets or factories where meat or meat food products, fish or poultry are handled, manufactured or offered for sale shall have provided therein, coolers, refrigerators and iceboxes adequate in size and of a construction approved by the Meat and Food Inspection Department. All such coolers, refrigerators or iceboxes must have a white gloss enamel finish and maintain a temperature below 45°F and be maintained with a sufficient circulation of air. (1995 Code, § 7.12.240)

All meat racks, rails, hooks or brackets must be metal. (1995 Code, § 7.12.250)

Metal cans for scraps and trimmings and other refuse and garbage must be provided with tight metal covers and sufficient in number and size to care for all refuse. (1995 Code, § 7.12.260)

No person shall keep, make or use any mark, stamp, brand or other device having thereon insignia or words similar in character or import to the marks, stamps or brands provided or used for marking, stamping or branding any of the foodstuffs described in § 7.12.060 or in any manner counterfeit such marks, stamps or brands. (1995 Code, § 7.12.270)

All persons handling any of the foods mentioned in this chapter shall, at all times, keep their persons and wearing apparel in a clean condition. (1995 Code, § 7.12.280)

All aprons, gowns, smocks and other outer wearing apparel which are worn must be of a material which can be easily washed and cleaned. (1995 Code, § 7.12.290)

No employer shall require or permit 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 meat, fish, poultry or other foods of any kind intended for human consumption who is afflicted or affected with 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, or who shows the condition known as the “carrier state” of any such contagious disease. (1995 Code, § 7.12.300)