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HomeMy WebLinkAboutCCRes_75-22CITY OF FALCON HEIGHTS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Falcon Heights, ,Minnesota, was held on the 2l~tah day of July, 1975. The following members ware present: Mayor Warkentien, Councilmen Black, Ecklund, Steele, and Lsbalestra, and the following were absentz None. Council-man Labalestra introduced the following Resolution, and moved its adoption: RESOLUTION #75-22 A RESOLUTION TO REGULATE FOOD ESTABLISHMENTS, VENDF.RS~ AND FOOD SERVICES IN TfH~ CITY OF FALCON HEIGHTS, AND AUTHORIZING THE NFdT.~ INSPEC~R ~ ENFORCE IT AS FER THE PRESENT NFQT•~ ORDINANCE I J WHEREAS, the City Council of the City of Falcon Heights has deemed it necessary that attached ~~Exhibit A~~ be included with the pr®sent Food and Health Ordinance. NOW, TFH;REE'ORE, BE IT HEREBY RESOLVED by th® City Council of the City of Falcon Heights, that attached ~~Exhibit A" be included with the present Food and Health Ordinanc®, and that the Health Inspector enforce it as per the present Health Ordinance. The motion for the adoption of the forgoing Resolution was duly seconded by Mayor Warkentien and voted in favor: Mayor Warkentien:Councilmen Black, Eeklund, Steele,~and Labalestra, and the following voted against the same: None. WHEREUPON, the Resolution was declared duly passed and adopted. PASSED by the City Council this 2l~th da of Jul, 1 y~ 975. ,/~ f / ~ rr Wn.7.T S C . A. WARKENT?.I+N , Mayor Attest: ~~ wan B. Barnas, C erk-Administrator 21 Au ust 1975 9 Mr, ~ohrr Labaleatra, Councilman Falcon.Heights,'Ptinnesota Dear Sohn Res City of Falcon Meights.Resolution 75-22, to regulate food establishments, vendors, and food services. Poll©wing our conversation of the 20th ~OHn, I would like to take an opportunity tcs make: some comments on this Council Resolution. S®ctian 1.7 food definition'. By saying "any...,(material} .....intended ,..for human consumption." and by not specif~Cing ; end ®xclusions the council has brought under rc~gulatian many areas of busin~ass that donut s®em to be intended. eq. grocery stores; chiropractor offices; physician oft'icss; dental offices; .pharmacies; garden stares which ael.l corn, mellons or pumpkins; .business or offices which have a coffer pQt for the benefit'of' their'pstrona; vending machines (both food do tobacco}; vendors cif pre-packaged distfll.ad & spring water; end churches who serve communion. ,, Since my business is pharmacy, I am particularly bothered by the .fact that the definition is written to include drugs.,.orhether sold by a pharmacy ar.a physician, s®ctian 1.1C:'.food vehicle would be applied to any vehicle uaed'tiy the business mentioned in the paragraph on 17 above. This would fnclude:,:my delivery cars as well as emergency health care.. vehicles such as rescue squad cars, and ambulances. section 1,27: again as pertaining to the health business, :,this> definition of utensils would: apply to prescription vials and syringes. Section 2,9a In this section. end section 1,20 &2.7~°ttiere is a~."'cetch 22. Section 2.9 provides that a "food establishment license" Head not. be purchased by a retail candy outlet where a "retail candy outlet license" has been purchased. However e retail candy outlet is defined as a food establishment where-in wrapped sandy is.sold. It does not ssy an exclusively. wrapped candystor~---,just that any: store otherwise construed as a food establishment, if he sells candy can take the less®r,lfcensa, section 3,1. In that the. price of any license should have soma corelation to the cost of administering such license; by granting ~. fee exemptions to a broad group of businesses you increase the ~fae~ato the non-exempt businesses. This type. of added. taxation should no longer be considered responsible administration. .,~ pa9s 2 section 6.1i in section 9,1 it is stated ..that allfoods,,shall be from sources approved the Health Authority. Yet in 6.1 is says that the health authority may inspect food establishments outside the city.. Would. the approval of:.ell Food wholesalers who sail within .the city be granted as a matter of course, or- .would the approval be delegated to their'local administration, or do you anticipate inspecting the;-ma~-y~°wholesalers whn do business..in the City? Section 9.1: by prohibiting Mome psepered foods from being sold in s food establishment,-baaed.on, I asstnae, th® asawnption that home prepared foods coming from anon-regulated. source may be more prone to contamination:. and then allowing these se~me presumptively coneaminated foods.. to be used in schools and houses_of worship-seems-;tq deny..an equal pratectian'und~rac`the law to t.hase who eat in these two excluded establishments, section 10,1 th~..storag~ requirements as urritten, nd if` required of certain drugs, would cause them to spo 1, section 27,3, ellous for plan review, but i find o provision far anirv3pectitm prior to opening for an new. establishment, A pr~pvision which could save a lot of. trouble, Thera are other areas which, if the fooddefiRitio retained. would be rediculously applied to the medi is al :businesses in the City. One of my concerns, is why this resolutioh was nee ed. -The restaurants in the City are annually inspected by ©mpetant inspectors of the Board of Health; the last time w s frt ....April and I~ay of this year. If .there is a problem with a particular business they mske more frequent insp ctions. I know from past experience that these inspections are detailed end quite possibly moss .exacting than those done b .....other , units•~sThersfore I believe this resolution to be edundant - and heref`ore an unnecessary imposition by governor nt aid an unwarranted .expenditure of taxpayer monies. Also I am sure that you ~ra.eware that this resolu ion purporting" to having the force & effect of law was not promul sited in accordance with the administrativeprocedures a t nf.the state of Minnesota and therefore does not have the force `.and effect of law. It should be either passed as n ordinance of the city, or reconsidered if possible and,re,~acted,: 3 would appreciate talking with you or any other c until members about this sub,~ect at any time. i cerely yours /~ _ _ Q//l : Lowell 0, Anderson ~ . CITY OF FALCON HEIGHTS RESOLUTION 75-22 A RESOLUTION TO REGULATE FOOD ESTABLISHMENTS, VENDORS, AND FOOD SERVICES IN THE CITY OF FALCON HEIGHTS, AND AUTHORIZING THE HEALTH INSPECTOR TO ENFORCE IT UNDER THE PRESENT HEALTH ORDINANCE. THE CITY OF FALCON HEIGHTS DOES ORDAIN: SECTION 1 - DEFINITIONS Section 1.1 Definitions. The following definitions shall apply in e interpre a ion an enforcement of this Resolution and the following words and terms wherever they occur in this Resolution are defined as follows: Section 1.2 Adulterated Food shall mean any food which consis s in w ole or in par o any filthy, putrid, decayed, or decomposed substance, or consists in whole or in part of the product of a diseased animal which has died by accident, disease, or otherwise than by slaughter; contained in an immediate package which is composed of any poisonous or deleterious substance which may render the contents injurious to health; bears or contains any poisonous or deleterious substance which may be injurious to, health, provided, however, if such food bears or contains poisonous or deleterious substance added thereto or found therein for which a safe tolerance or standard has been established by lawful regu- lation, or law, such fo od shall not be adulterated food if such deleterious substances are not in excess of such tolerance or standard. Section 1.3 Bakery Food Vehicle shall mean any food vehic e use o transpor a ery goo s a out the streets of the City for the purpose of sale of such goods from door to door. Section l.~- Catering Food Vehicle shall mean any food vehic e use o transpor any oo rom i s point of pre- paration to a point where the food is served from the vehicle to the consumer, or any food vehicle wherein food is prepared for sale or service to the consumer. s Section 1.5 Clean shall mean free from physical, chemical, an micro ial sub~ance discernible by ordinary sight or touch, by ultra-violet light, by artificial light, and the safranine-o dye test and free from insects, vermin, and debris. Section 1.6 Employee shall mean any person who renders a persona service, wi or without compensation, within a food establishment. Section 1.7 Food shall mean any raw, cooked, or processed substance,-`beverage, or ingredient used or intended for use in whole, or in part, for human consumption. The term food shall further include, but not be limited to, ice and water. Section 1.8 Food Contact Surfaces shall mean those surfaces o e equipmen an u ensi s with which food normally comes into contact and those surfaces with which food may come in contact, except by spill, and surfaces which drain back onto surfaces in contact with food. Section 1.9 Food Establishment shall mean any building, room, s an , enc osure, ve is e, space, area, or other place wherein food is stored, prepared, manufactured, processed, wrapped, canned, packed, bottled, transported, distributed, sold or offered for sale or served in any way with or without charge, except private homes. Section 1.10 Food Vehicle shall mean any food establishmen consis ing of a mo i e vehicle which hauls any food for the purpose of delivery or sale. Section l.ll Health Authority shall mean .the City Healt 0. icer o the Cl y o Fa con Heights, or his authorized representative. Section 1.12 Home Prepared Food shall mean any food which has een processed or prepared in a private home not licensed under this Resolution. Section 1.13 Itinerant Food Establishment shall mean a food estaSTishmen~ opera ing or a emporary perio , including, but not limited to, a fair, carnival, circus, church supper, or public exhibition. Section 1.1~ Misbranding shall mean the use of any written, printed, or graphic ma er upon or accompanying products or containers of food, which violates any applicable local, State, or Federal labeling requirements. - 2 - Section 1,15 Perishable Food shall mean food such as apples, ananas, oranges, grape rui , lettuce, carrots, beans, radishes, onions, potatoes, and other foods which will decompose in the absence of refrigeration. The enumeration herein of specific items shall be for purposes of illustration, and shall not be deemed to be a limitation upon the meaning of the term illustrated thereby, Section 1.16 Person shall mean any individual, firm, partnership, corpora ion, r~us-Eee, or association and with respect to acts prohibited or required herein, shall include employees and licensees. Section 1,17 Pre-Packaged Food shall mean, clean, un.adultera e , w o esome food pac age in a substantial, clean container or wrapper, Section 1,18 Readily-Perishable Food shall mean any perisha'SIe o'er od consis ing in who e or in part of milk, milk products, eggs, meat, fish, poultry, or any other food capable of supporting rapid and progressive growth of micro-organisms which can cause food infection or food intoxication, Section 1,19 Readily-Perishable Food Vehicles shall mean any food ve ih c~e,`excep ca Bring oo ve is es an akery food vehicles, which is used to transport readily-perishable foods as herein defined within or into the City of Falcon Heights for delivery therein. Section 1.20 Retail Candy Shop shall mean a food establishmen were unwrappe can y, no manufactured therein, is sold or offered for sale to the consumer, Section 1.21 Retail Candy Outlet shall mean a food establishmen were wrapped candy is so or offered for sale, not through a vending machine, to the consumer, Section 1.22 Safe Water shall mean water which is not adultera e an w ich is - ree rom pathogens and coliform organisms. Section 1.23 Safe Water Supply shall mean a source of safe water~`rom ei her the municipa water system or a source of water, the operation, location, and construction of which have been approved by the Minnesota State Board of Health. Section 1,2~- Single-Service Utensils shall mean all utensi3s which are meant to e used on y once and then discarded. -3- Section 1.25 Smooth shall mean having an even surface free of cracks, chips, open seams, rust, corrosion, breaks, pits, checks, and ridges. Section 1,26 Smooth, with reference to equipment and utensi~sur aces In adds ion o e e ini ion o smoo h erein, sha mean a surface which, in the case of stainless steel, nickel alloy or other corrosion resistant metal, has at least a No, ~- mill finish; or in the case of cast and forged steel and cast nickel alloy, has a roughness not exceeding American Standard No, 125; or in the case of other non-corrosion- resistant alloys, is at least as smooth as commercial grade rolled steel and is free of loose scale, Section 1.27 Utensils shall mean all kitchenware, tableware, dishes, g assware, cut ery, pots, pans, containers, implements, or other equipment with which food comes in contact during storage, cooking, preparation, display, or serving, Section 1.28 Wholesome shall mean sound, healthful, clean unadu era e , and in alb ways fit for human food. Section 1,29 Approved shall mean acceptable to the Health Authori y in conformance with appropriate standards and good public health practice, SECTION 2 - LICENSES REQUIRED Section 2.1 Licenses Required. No person shall operate a o~ od es a~ ishment or engage in he business of operating a food establishment within the corporate limits of the City of Falcon Heights, unless a license of the type applicable described herein shall have been obtained therefor pursuant to this Resolution. Section 2.2 Catering Food Vehicle License, No person sha opera e or engage in he usiness o operating a catering food vehicle within the corporate limits of the City of Falcon Heights, unless a license shall have been obtained therefor from the C1,-Adm. Section 2`3 Bakery Food Vehicle License, No person sha~2 opera e or engage in e usiness o operating a bakery food vehicle selling bakery goods directly to the consumer within the corporate limits of the City of Falcon Heights unless a license shall have been obtained therefor from the C1,-Adm, ~ Note from herein, "C1,-Adm." designates Clerk-Administrator, - ~ - • • Section 2.4 Readily-Perishable Food Vehicle License- General. No person shall operate or engage in the business of operating a readily-perishable food vehicle within the corporate limits of the City of Falcon Heights unless a license shall have been. obtained therefor from the C1.-Adm. Section 2.5 Readily Perishable Food Vehicles-Fleet License. A person operating or engaging in the business of operating more than one readily-perishable food vehicle may instead of licensing each vehicle under this Resolution obtain a single license for all vehicles operated as a fleet of vehicles from one location. Such license for the entire fleet may be revoked if any vehicle operated in the City of Falcon Heights fails to meet the standards required by this Resolution. Section 2.6 Retail Candy Shop License. No person shall operate or engage in the business of operating a retail candy shop within the corporate limits of the City of Falcon Heights unless a license shall have been obtained therefor from the Cl.-Adm. Section 2.7 Retail Candy Outlet License. No person shall operate or engage in the business of operating a retail candy outlet within the corporate limits of the City of Falcon Heights unless a license shall have been obtained therefor from the C1.-Adm. Section 2.8 Itinerant Food Establishment License. No person shall operate or engage in the business of operating an itinerant food establishment unless a license shall have been obtained therefor from the C1.-Adm. Section 2.9 Food Establishment License. No person shall operate or engage in the business of operating a food establishment within the corporate limits of the City of Falcon Heights, unless a license shall have been obtained therefor from the C1.-Adm, provided, however, that licenses of catering food vehicles, bakery catering food vehicles, readily-perishable food vehicles, retail candy outlet, retail candy shop, or itinerant food establishments shall be required to obtain only the type of license hereinbefore specified. Section 2.10 shall be conspicuousl food establishments. with a decal, license Cl.-Adm. displayed in by the C1.-Adm. Display of License. Such licenses y displayed at all times in all licensed A11 food vehicles shall be identified plate, or other means supplied by the a conspicuous place thereon designated - 5 - SECTION 3 - LICENSE AND FEE EXEMPTIONS Section 3.1 Fee Exemptions, License Required. Food services in governmental subdivisions, charitable institutions, Houses of Worship, homes for the aged, child-care homes, schools, charitable and non-profit hospitals, and employee coffee shops, shall be required to apply for and obtain a license, but shall not be charged a fee therefor but shall be subject to all other requirements of this Resolution. SECTION 4 - LICENSE FEES Section 4.1 License Fees. Fees for licenses issued hereunder shall be as set forth herein. Section 4.2 Food Establishment License Fees. The annual license fee for each food establishment, except catering food vehicles, bakery food vehicles, readily-perishable food vehicles, retail candy outlets, and retail candy shops, shall be $25.00, provided, however, that if more than one facility, such as, but not limited to, kitchen, bar, bakery, meat market, grocery store, delicatessen, which would require food estab- • lishment licenses if operated separately, shall be located on the same premises, the license fee shall be an additional $5.00 for each such facility in addition to the $25,00 for the first such facility. Section 4.3 Itinerant Food Establishment. The license fee for each itinerant food establishment shall be $15.00. Section 4.4 Retail Cand Shop License. The annual license fee for retail candy shop shall be 15.00, provided, further, that if the candy shop is operated in conjunction with another facility, as provided in this Resolution, the retail candy shop shall be an extra facility and a charge of $5.00 shall be added to the basic cost of the food establishment license. Section 4.5 Retail Cand Outlet License. The annual fee for a retail candy outlet shall be 5.00, provided, further, that if the retail candy outlet is operated in conjunction with another facility requiring licensing under this Resolution, the retail candy outlet shall not be required to obtain a license. Section 4.6 Readily-Perishable Food Vehicles. The • - 6 - • annual, license fee for each readily-perishable food vehicle shall be $5.00 per vehicle. Section 4.7 Readily-Perishable Food Vehicles, Fleet License. The annual license fee for a fleet of one or more readily-perishable food vehicles shall be $15.00. Section 4.8 Bakery Food Vehicle License Fee. The annual license fee for each bakery food vehicle shall be $5.00 per bakery food vehicle. The annual license fee for a bakery food vehicle fleet shall be $15.00. Section 4.9 Caterin Food Vehicle License Fee. The annual license fee for catering food vehicles shall be $25.00 for each vehicle owned or operated by the licensee in the City of Falcon Heights. SECTION 5 - ADMINISTRATION Section 5.1 Application, Issuance, Maintenance, and Administration. The application for such licenses shall be made on forms furnished by the Clerk-Administrator and shall set forth the general nature of the business, the loca- . tion, and such other information as the Clerk-Administrator shall require, and such application and issuance of such licenses and their maintenance, termination, and administra- tion shall be in accordance with and subject to all condi- tions of this Resolution and any other ordinance or resolu- tion which is applicable in the City of Falcon Heights. Licenses shall be issued by the Clerk-Administrator, subject to notification by the City Council. SECTION 6 - INSPECTION AND CORRECTION Section 6.1 Inspections Outside the Corporate Limits of the Cit of Falcon Heights. The Health Authority may Inspect food establishments situated outside the corporate limits of the City of Falcon-Heights which sell or offer for sale, or distribute any food to persons licensed under this Resolution by the City of Falcon Heights. The fees for such inspections shall be equal to the total of the actual cost of salary paid the Health Authority by the City of Falcon Heights for the number of hours necessarily spent in each such inspection, and the cost of transportation incurred or expended by the Health Authority for mileage at the rate of 10 cents per mile actually traveled from the City Hall or last place of inspection, whichever is less, and returning - 7 - • to the Falcon Heights City Hall. The City Health Authorit shall report cost of such inspections to the Clerk-Adminisy trator who shall render statements for such inspection costs to the licensee who obtains food from such source outside the City limits and the licensee shall within ten days pay the amount claimed in the statement to the City of Falcon Heights. Such inspections shall not be made unless author- ized by the Clerk-Administrator. In lieu of making inspec- tions beyond the corporate limits of Falcon Heights, the Health Authority may accept the reports of other governmental food inspection agencies. Section 6.2 Inspection of Food Establishments. The Health Authority shall Inspect every food establishment as frequently as he may deem necessary to insure compliance with this Resolution. Section 6.3 Posting. Each inspection report shall be posted by the Health Authority upon an inside wall of the food establishment, not in a public area, and such inspection report shall not be defaced or removed by any person, except the Health Authority. The posting of the inspection report upon the inside wall of the food establish- ment shall constitute service of an official notification of the inspection by the Health Authority. The Health Authority may, in lieu of posting such report, deliver it to the licensee or his authorized agent. Another copy of the inspection report shall be filed with the records of the Clerk-Administrator. Section 6.4 Access to Premises and Records. The person operating the food establishment shall, upon request of the Health Authority, permit access to all parts of the establishment at any reasonable time for purpose of inspection and shall exhibit and allow copying of any records necessary to ascertain sources of foods. Section 6.5 Removal and Correction of Violations. All licensees, owners, or operators of food establishments having a report posted in the food establishment giving noti- fication of one or more violations of this Resolution shall correct or remove each violation in a reasonable length of time determined by the Health Authority. The length of time for the correction or removal of each such violation shall be noted on the inspection report. The failure to remove or correct each such violation within the time period noted on the inspection report shall constitute a separate violation of this Resolution. - 8 - • SECTION 7 - EMBARGO, EXAP/lINATION, CONDEMNATION AND TAGGING Section 7.1 Embargo, Examination, Condemnation and Tagging. Samples of food may be embargoed and examined by the Health Authority as often as may be necessary for the detection of unwholesomeness or adulteration. Equipment and utensils, which do not meet the requirements of this Resolution may be embargoed, provided, that such equipment and utensils shall be released from the embargo upon notifi- cation of the Health Authority by the licensee and after inspection of such utensils and equipment by the Health Authority. The Health Authority may condemn and forbid the sale of, or cause to be removed or destroyed, any food which is unwholesome or adulterated, unfit for human con- sumption, or otherwise prohibited by City ordinance, resolu- tion or State or Federal Law. The Health Authority may condemn and cause to be removed any equipment, clothing or utensils found in a food establishment, the use of which would not comply with this Resolution, or which is being used in violation of this Resolution; and also may condemn and cause to be removed any equipment, clothing or utensils which by reason of dirt, filth, extraneous matter, insects, corrosion, open seams, or chipped or cracked surfaces is .unfit for • use. The Health Authority may place a tag to indicate the embargo or the condemnation upon such food, equipment, utensils, or clothing. No person shall remove such tag, except under the direction of the Health Authority. Section 7.2 Transport or Sale Unhealthful Food Prohibited. No person shall transport within or into the City of Falcon Heights, sell or offer for sale or hold in attempt to sell in the City of Falcon Heights any food which is not wholesome or which is adulterated. Section 7.3 Transport or Sale Noise Prohibited. No person, licensed under this Resolution, shall call attention to his business or to his goods, wares, or merchandise, by crying them out, by blowing a horn, by ringing a bell, or by any loud or unusual noise. SECTION 8 - ITINERANT FOOD ESTABLISHMENTS Section 8.1 Itinerant Food Establishments. Itinerant food establishments shall comply with all the appli- cable provisions of this Resolution and shall be constructed and operated in an approved manner, provided, that specific requirements for physical facilities may be waived by the • Health Authority when suitable substitutes, which, in his - 9 - opinion, will not result in an .imminent health hazard, have been provided. Before commencing operations of any kind, the licensee hereunder shall notify the Health Authority that such food establishment is ready for final inspection, and the Health Authority shall immediately make an inspection and issue a report thereon, and no itinerant food establishment shall commence operations until the requirements of this Ordinance have been met in accordance with the Health Auth- ority's final inspection .reports. SECTION g - FOOD SOURCES Section g.l Sources of Food - General. All food in all food establishments shall be clean, wholesome, free from spoilage, adulteration, and misbranding, and shall be prepared, processed, handled, packaged, transported, and stored so as to be protected from contamination, and spoil- age and shall be safe for .human consumption. No home-pre- pared foods shall be kept or used in any food establishment, except that home prepared foods other than readily-perishable foods may be kept or used in schools and Houses of Worship. All food received or used in all food establishments shall be from sources approved by the Health Authority. Section g.2 Source of Dair Products. Milk and fluid milk products shall be Grade "A" and shall be served to the consumer in the individual unopened original containers in which they were received from the distributor, or served from a bulk container equipped with a sanitary dispensing device, provided, however, that cream whipped cream, or half and half may be poured from an opened original container for use or service on the premises, provided, further, that milk served at hospitals and institutions may be served from one- quart or two-quart containers packaged at a milk plant, and mixed milk drinks requiring less than one-half pint of milk may be poured from one-quart or two-quart containers packaged at a milk plant. The dipping or ladling of milk is prohibited, except for immediate cooking purposes, provided, further, that this section shall not apply to manufacturing or process- ing food establishments which make no sales at retail nor direct sales to consumers. Section 9.3 Source of Shellfish. No person shall have or keep in any food establishment any oysters, clams, mussels, or other shellfish from a source which has not been approved by the Minnesota State Board of Health or if the source is outside the state, from a shipper whose name is not on the current list of State Certified Shippers, issued by the Public Health Service, and such approval shall be evidenced - 10 - ', by official stamp on the container. Shucked shellfish shall be kept in the original container until used. Oysters, clams, mussels, and other shellfish, if served on the shell, must be served in the original shell. Section 9.4 Source of Meat. All meat and meat products received, kept, or used in any manner in any food establishment shall be officially identified as having been inspected for wholesomeness under the supervision of a licensed veterinarian, and any such products upon which any such official identification is lost by reason of the pro- cessing thereof shall be identified by the name and location of the processor thereon. Section 9.5 Source of Poultry. All poultry meat products shall be clean, wholesome, preetfromnd spoilage and adulteration, and shall be processed in a food establishment meeting the requirements established by state laws, rules and regulations, and shall be approved by the Health Authority. Section 9.6 Source of Frozen Dair Foods. All frozen dairy foods, such as, but not limited to, ice cream, frozen custards, ice milk, milk sherbet, fruit or ice sherbet, and frozen malted milk, shall meet applicable state laws, rules and regulations. ', SECTION 10 - FOOD PROTECTION I, Section 10.1 Food Protection. After delivery and while being stored, prepared, displayed, served, or sold in food establishments, transported between such establish- ments, all foods shall be protected against contamination from work surfaces which are not clean, utensils which have not been given bactericidal treatment, unnecessary handling, flooding by sewage or drainage, coughs, sneezes, overhead leakage, dust, flies, insects, rodents, and other vermin, or any other source of contamination. All perishable food shall be stored at such temperatures as will protect against spoilage, and all readily-perishable foods shall be kept at or below 40 degrees F. or at or above 150 degrees F., except during preparation. Frozen food shall be kept at or below 0 degrees F. Poultry and pork shall be thoroughly cooked before being served. Individual portions of food once served to the customer shall not be served again, provided, that wrapped foods, which have not been unwrapped and are still wholesome, may be reserved. The requirements for temperature, for the storage, for the display, and for the food against contamination as contained in this Resolutionoshallon - 11 - • apply in the transporting of food from a food establishment or other location to another food establishment or other location for delivery, service, or catering operations. Section 10.2 Toxic Materials. Poisonous polishing materials are specifically prohibited in all areas used in connection with food establishment operations, and only such other toxic materials as are required for sanitary operations may be present in such areas. Toxic materials shall be obtained, identified, stored, and used only in such manner and under such conditions as will not contaminate food or constitute any other hazard to man. SECTION 11 - PERSONNEL Section 11.1 Health and Disease Control. No person while affected with any disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection shall work in any area of a food establishment in any capacity in which there is a likelihood of transmitting disease, and no owner or operator of a food establishment • shall employ in such an area any person known or suspected of being affected with any such disease or condition. If the manager, owner, or operator of the establishment suspects that any employee has contracted any disease in a communi- cable form, or has become a carrier of such disease, he shall notify the Health Authority immediately. Section 11.2 Cleanliness. All persons shall wear clean outer garments, maintain a hi h de ree of cleanliness, and conform to h g g personal periods of duty, Hair nets, headnbandsaccapss orrotherlhair restraints shall be used to keep hair from food, utensils, and equipment. All persons shall wash their hands thoroughly in an approved handwashing facility before starting work, and as often as may be necessary to remove soil and contamination. No person shall resume work after visiting the toilet room without first washing. his hands. Section 11.3. Tobacco. The use of tobacco in any form by persons engaged in handlin food, or cleaning utensils and equgpmentpainna~foodsestablgish- ment is prohibited at all times when such persons are on duty for such work, provided, that, designated locations may be approved by the Health Authority for smoking. - 12 - • SECTION 12 - EQUIPMENT AND FACILITIES PROVIDED Section 12.1 Required Eauipment. Every food establishment shall be provided with equipment, applicable to the operation therein conducted, which is so designed, constructed, installed, located, and maintained as to permit full compliance with the provisions of this Resolution. SECTION 13 - SANITARY DESIGN, CONSTRUCTION AND INSTALLATION OF EQUIPMENT AND UTENSILS Section 13.1 Sanitary Design, Construction and Installation of E ui ment and Utensils. All new and replace- ment equipment and utensils shall be of such materials, workmanship, and design as to be smooth; easily cleanable; resistant to wear, denting, buckling, pittin razing; and capable of withstanding scrubbing, chipping, and repeated corrosive action of cleaning compoundsscandlogher normal conditions and operations. Food contact surfaces shall be nontoxic. Food contact surfaces and surfaces which come in contact with food debris shall be readily accessible for cleaning and inspection. • All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas, and shall be kept in good repair. Equipment in use at the time of adoption of this Resolution which does not fully meet the above requirements, may be continued in use only if it is of such design, and is installed and maintained so that it is kept in a clean and sanitary condition. this Resolutiongshallncomplyawith Standardsel the passage of 6 and C-1 of the National Sanitation Foundation2when applica- ble, which numbered standards are hereby adopted and incor- porated herein by reference and three marked official copies of said numbered standards shall be kept on file by the Clerk-Administrator. Equipment not covered by such standards shall not be installed before it has been approved by the Health Authority. Single-service utensils shall have been manufac- tured, packaged, transported, stored, and handled in a sanitary manner. - 13 - • SECTION 14 - CLEANING, BACTERICIDAL TREATMEN AND STORAGE OF UTENSILS AND EQUIPMENT T Section 14.1 Kept Clean - General Requirements. All utensils and equipment shall be thoroughly cleaned, and food contact surfaces of utensils and equipment shall be given bactericidal treatment and shall be stored in such a manner as to be protected from contamination. Section 14.2 Hot Water Method. This method of bactericidal treatment shall consist of immersion for at least two minutes in clean, hot water at a temperature of at least 170 degrees Fahrenheit or for 1/2 minute in boiling water. A thermometer shall be kept in a convenient place near the facilities, for checking the water temperature. Pouring or spraying water over washed utensils or equipment is prohibited as a means of bactericidal treatment, except in a spray cabinet or an automatic dishwasher. Water used for bactericidal treatment of utensils and equipment shall ~ at all times during business hours, be kept at a temperature of at least 170 degrees Fahrenheit, and at all other times while utensils and equipment are being washed and given bactericidal treatment, the water shall be kept at a temperature of at least 170 degrees Fahrenheit. • A three-compartment sink shall be used, with the first compartment for washing, the second compartment for rinsing, and the third compartment for immersion in water at a temper- ature of at least 170 degrees Fahrenheit. The bactericidal compartment must be properly equipped with a heating unit or other means to maintain the specified temperature while in use. Drainboards shall be provided at each end of the sink. Section 14.3 Chemical Method. All utensils and equipment shall be clean before being subjected to bacter- icidal treatment by any chemical method. Chemical solution once used shall not be re-used for bactericidal treatment on any succeeding day. Where chemical treatment is used, a three-compart- ment sink shall be required; the first compartment to be used for washing, the second for clear water rinsing, and the third for chemical immersion. The type of chemical compound, the concentration for use, and the length of time of exposure shall be approved by the Health Authority. • Section 14.4 Mechanical S ra -T Bactericidal Treatment. When mechanipalys rae tashin and p y- ype washing - 14 - • operations are employed, all multi-use utensils and e ui ment shall be pre-scraped, pre-flushed or q p and equipment shall be placed in racks oreonocondveyorsein1ls such a way that all food contact surfaces shall be subjected to unobstructed wash and rinse water sprays. Detergents of a concentration which will render utensils and equipment clean shall be used at all times in the wash water. Wash water temperatures shall be at least 140 degrees Fahrenheit, except in single tank conveyor type machines in which the wash water temperature shall be at least 160 degrees Fahrenheit. Flow pressure of rinse water shall be maintained at all times at not less than 15 pounds nor more than 25 pounds per square inch. Recirculated rinse water shall be maintained at a temperature of at least 170 degrees Fahrenheit. The tem- perature of the final rinse water shall be at least 180 degrees Fahrenheit at the entrance of the rinse spray arms of all machines while dishes are being washed. A recirculat- ing line shall be provided between the hot water heater and the automatic dishwasher if the Health Authority deems it necessary in order for the licensee to comply with the required water temperatures. Thermometers, which will accurately indicate the temperature of the wash and rinse water, shall be provided on all machines. • Section 14.5 Oven Utensils and Equipment. Utensils and equipment which routinely go into ovens for baking purposes and which are used for no other purpose shall not be required to be given bactericidal treatment, provided, however, such utensils and equipment must be clean. Section 14.6 Large Equipment and Utensils. Large preparation equipment and utensils, Including, but not limited to, kettles, mixers, grinders, and slicers, which exceed the capacity of the cleaning sinks or vats, shall be thoroughly cleaned, rinsed, and subjected to bactericidal treatment after the day's operation, after the completion of each meal, or after each use, by any of the methods in this Resolution described or by spraying or swabbing with a chemical in a manner approved by the Health Authority. Section 14.7 Other Methods. Any other procedure or process may be used, provided the licensee shall submit to the Health Authority evidence showing in detail the proce- dure or process and the effectiveness thereof, and, provided, such methods are approved by the Health Authority. Section 14.8 Storage. Equipment and utensils after bactericidal treatment, shall be stored in a clean, dry place protected from flies, dust, and other contamination, and shall be handled so as to prevent contamination. Wet . cold-storage of glasses or similar utensils is prohibited. All under counter utensil storage compartments less than 18 inches from the floor shall be enclosed and shall be kept - 15 - • enclosed except during times of meal service. Enclos automatic utensil elevators shall be accepted. Cups andd glasses stored on shelves shall be inverted. Rack or tray stacking of glasses is accepted. Shelving shall be protected by easily cleanable, nonabsorbent materials, paint, varnish, or equivalent. Section 14.g Storage - Ice Cream Dippers. Running- water dipper wells connected to a safe water supply and to the municipal sewerage system shall be provided for ice cream dippers and scoops at all locations or stations where bulk ice cream is dispensed. This requirement shall not apply in those situations where ice cream is being served at a temporary location, however, in such cases, containers of water used for ice cream dippers and scoops shall have the water therein changed at least every 20 minutes. Section 14.10 Single-Service. All single-service utensils shall be stored, handled, and dispensed in a sanitary manner, and shall be used only once. SECTION 15 - WATER SUPPLY AND ICE . Section 15.1 Water-Safe Water and Safe Water Su ply. Safe water from a safe water supply consisting of hot and cold running water under pressure shall be provided in all food establishments where food is prepared and where utensils, equipment, containers, or hands are washed, with the exception of food vehicles, which handle only prepackaged food or which handle meat being transported in the manner provided by State law and regulations. Section 15.2 Water-Sources. All water shall be drawn from the municipal water system, provided, however, a water supply located on the premises may be used if the operation, location, and construction have been approved by the Minnesota State Board of Health. The licensee in such case, shall, at his expense, make arrangements for chemical and bacteriological analysis of the water, and this analysis shall be done at intervals of not less than once each month. A copy of each of these reports shall be submitted by mail directly from the laboratory to the Health Department of the City of Falcon Heights immediately upon completion of the lab- oratory work. Section 15.3 Water-Cross Connections to City Water Prohibited. No direct connection shall be made or permitted to exist between the public water supply system of the City • of Falcon Heights, and any other source of water. - 16 - Section 15.4 Water-Cross Connections to Non otable Water S stems Prohibited. The safe water su 1 not In any manner be directly connected withpany wapergsupply system which is not safe. Any piping which conveys nonpotable water shall be identified by color so that it is readily distinguished from piping which carries potable water. Section 15.5 Water From Containers. which is not dispensed plumbing system, shall and shall be placed in in a sanitary manner. Filling, Transporting, and Dis ensin Water used for drlnking purposes, through the water supply pipes of the be safe water from a safe water supply, a container, transported, and dispensed Section 15.6 Water - Ice. All ice shall be manu- factured only from safe water which has been obtained from a safe water supply.. Ice shall be handled and transported in single-service containers, or in utensils which are clean and which have been subjected to bactericidal treatment. Buckets, scoops, and ice containers, unless they are single- service utensils, shall be made of a smooth, impervious material, and designed to facilitate cleaning. They shall be clean at all times. Canvas containers shall not be used. If ice- crushers are used, they should be easily cleanable. They shall be maintained in a clean condition and shall be subject to bactericidal treatment and shall be covered when not in use. SECTION 16 - SEWAGE Section 16.1 Sewage Disposal. All water-carried sewage shall be disposed of by means of the public sewerage system of the City of Falcon Heights provided, however, on food vehicles, which dispose of their liquid waste into receptacles carried on the vehicle for that purpose. This waste ultimately shall be discharged into the public sewerage dis- posal system. SECTION 17 - PLUMBING Section 17.1 Plumbing shall be so sized and installed and maintained as to carry adequate quantities of water to required locations throughout the establishment; prevent contamination of the water supply; convey sewage and liquid wastes adequately from the establishment to the sewer- age system; and so that it does not constitute a source of contamination of food, utensils, or equipment, or create an • unsanitary condition or nuisance. Food service equipment, such as refrigerators, dishwashing machines, ice makers, and - 17 - steam tables, shall not be directly connected to the sewer. SECTION 18 - TOILET FACILITIES Section 18.1 Toilet Facilities. Every food establishment with the exception of food vehicles shall be provided with conveniently located and approved water flush toilet facilities which are kept clean and in good repair and free from flies, insects, and offensive odors. Toilet fixtures and seats shall be of sanitary design and readily cleanable. The doors of all toilet rooms shall be self-closing. Easily cleanable receptacles shall be provided for waste materials. When toilet facilities are provided for patrons, such faci- lities shall meet the requirements of this item. SECTION 19 - LAVATORY FACILITIES Section 19.1 Lavatory - Required Equipment. Every food establishment, other than Itinerant food establishments and food vehicles handling only prepackaged food or which transport meat in the manner provided by state law or regulation, • mall be provided with adequate, conveniently located, and approved lavatory facilities with hot and cold running water, hand cleansing compound, and sanitary towels or hand- drying devices, provided, that, in all new, or extensively altered food establishments, handwashing facilities shall be provided within all areas where food is prepared. SECTION 20 - GARBAGE AND REFUSE DISPOSAL Section 20.1 Garbage and Refuse Disposal. All garbage and refuse shall, prior to disposal, be kept in tight non-absorbent containers which shall be kept covered with close- fitting lids when filled, in storage, or not in continuous use, provided, that such containers need not be covered when stored in special insect and rodent-proofed room or enclosure or food waste refrigerator. All other refuse shall be stored in containers, rooms, or areas in an approved manner. The rooms, enclosures, areas, and containers used should be adequate for the storage of all garbage .and refuse accumulat- ing on the premises. Adequate cleaning facilities shall be provided, and each container, room, or area shall be thor- oughly cleaned after the emptying or removal of garbage and refuse. Food waste grinders, when installed, shall comply with the plumbing ordinance. All garbage and refuse shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. - 18 - SECTION 21 - INSECT AND RODENT CONTROL Section 21.1 Insect and Rodent Control. Effec- tive measures shall be taken to prevent the entrance, breed- ing or presence on the premises of flies, roaches, insects, rodents, and all other vermin. SECTION 22 - FLOORS, WALLS AND CEILINGS Section 22.1 Floors, Walls and Ceilin s. The floor surfaces in kitchens and In all other rooms and areas in which food is stored or prepared, utensils are washed or stored, or garbage or refuse is stored, and in toilet rooms, dressing or locker rooms, and walk-in refrigerators shall be of smooth, nonabsorbent materials, and so constructed as to be easily cleanable, provided, that the floors of dry .food, nonrefrigerated, storage areas need not be nonabsor- bent. All floors shall be kept clean and in good repair, and the use of sawdust and similar material shall not be permitted. These requirements do not prevent the use of rugs and carpets in dining rooms and hallways, provided, that such floor coverings are kept clean. Abrasive strips also may be used wherever deemed necessary to prevent accidents. Floor drains shall be provided in all rooms where floors are subjected to flooding-type cleaning or where normal operations release or discharge water or other liquid wastes on the floor. The walking and driving surfaces of all exterior areas where food is served shall be kept clean, properly drained, and finished so as to facilitate mainten- ance and minimize dust. The walls and ceilings of all rooms shall be kept clean and in good repair. All walls of rooms or areas in which food is prepared, or utensils. or hands washed, shall have easily cleanable, smooth, light-colored, washable surfaces up to the highest level reached by splash or spray. SECTION 23 - LIGHTING Section 23.1 Lighting. All areas in which food is prepared or stored, or utensils are washed, handwashing areas, locker rooms, toilet rooms, and garbage and refuse storage areas, shall be well lighted. All working surfaces shall be illuminated at not less than 20 foot-candles of light. At least 10 foot-candles of light shall be provided on all other surfaces and equipment. In storage areas, a minimum of 5 foot-candles of light, 30 inches from the floor shall be provided. Subdued lighting in dining rooms - 19 - and public access areas is acceptable, provided, that light- ing meeting the above requirements shall be available during all clean-up periods in dining rooms and access areas. SECTION 24 - VENTILATION Section 24.1 Ventilation. All rooms in which food is prepared or served, or utensils are washed, and toilet, dressing, and locker rooms, and garbage and refuse storage areas shall be well ventilated and shall be free of disagreeable or excessive odors, condensation, vapors, smoke, and fumes. Air replacement vents shall be designed to permit the entrance of an equal volume of displaced air and to prevent the entrance of insects, dust, or other contaminating materials. All gas or oil fired room heaters and water heaters shall be vented to the outside air. SECTION 25 - DRESSING ROOMS AND LOCKERS Section 25.1 Dressing Rooms and Lockers. Facil- ities shall be provided for the storage of employees' cloth- . ing and personal belongings. Where employees routinely change clothes within the establishment, one or more dressing rooms or designated areas shall be provided for this purpose. Such designated areas shall be located outside of the food preparation, storage and serving areas, and the utensil washing and storage areas, provided, that when approved by the Health Authority, such an area may be located in a storage room where only bottled or completely packaged and protected foods are stored.. Dressing rooms or such desig- nated areas shall be equipped with lockers. Dressing rooms and lockers shall be kept neat and clean. SECTION 26 - HOUSEKEEPING Section 26.1 Housekeeping. All parts of the food establishment and its premises shall be kept neat, clean, and free of litter and refuse. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food contact surfaces. None of the operations connected with a food establishment shall be conducted in any room used as living or sleeping quarters. Soiled linens, coats, and aprons shall be kept in approved containers until removed for laundering. No live birds or animals shall • be allowed in any area where food is prepared, stored, or 20 _ • served, provided, that. guide dogs accompanying blind persons may be permitted in food establishments. SECTION 27 - ENFORCEMENT PROVISIONS Section 27.1 Procedure When Infection is Sus- ected. When suspicion arises as to the possibility of disease transmission from a food establishment owner or employee, the Health Authority is authorized to require any or all of the following measures: 1. The immediate exclusion of such person from all food establishments. 2. The transfer of the services of such person to an area of the food establishment where there would be no danger of transmitting disease. 3. The requirement of adequate medical examina- tions of such persons and their associates, with such labora- tory examinations as may b e indicated. 4. The immediate closing of the food establish- . ment until no further danger of disease outbreak exists in the opinion of the Health. Authority, and the Clerk-Administrator. Section 27.2 Industry Self-Inspection. Every food establishment shall arrange for a program of sanitation self-inspection conducted by the owner, manager, sanitation supervisor, or an agent. Such inspections shall be kept on file for review by the Health Authority. Section 27.3 Construction - Plan Review. All persons who hereafter construct, extensively remodel or convert buildings or facilities for use as food establishments, shall conform and comply in their construction, erection or alter- ation with the requirements of this Resolution. Plans and specifications for such construction, remodeling or alteration which shall show layout, arrangement and plumbing and construction materials of work areas, and location, size and type of equipment and facilities, shall be filed by its owner in the office of the Health Authority. The Falcon Heights Building Inspector shall not issue a building permit for a food establishment or remodeling or alteration permit for such establishment until such permits shall have the approval of the Department of Health endorsed thereon. Section 27.x+ Revocation of License. The license of any food establishment required under this Resolution may be revoked or suspended for failure to comply in any material way with this Resolution or other ordinances or state health laws. Revocation or suspension must be - 21 - preceded by a hearing before the City Council, with not less than 10 days' notice to the licensee. Section 27.5 Interference with, or Hinderance of, Health Autho-rit No person shall interfere with or hinder any Health Authority in the performance of his duties under this Resolution or the laws of the State of Minnesota, nor prevent his performance thereof. Section 27.6 Temporary Suspension of License. The Health Authority with the approval of the C1!er_1~Adminis- trator shall immediately suspend the license of any food establishment for the violation of any terms of this Reso- lution if such violations constitute an imminent public health hazard.. Upon notification by the Health Authority of a tem- porary suspension of license by posting of his report as set forth in this Resolution at the time of the inspection, the licensee shall forthwith cease operation. The licensee may appeal the temporary suspension in writing to the City Council which shall act forthwith to either ratify the acts of the Health Authority or to remove the suspension. Temporary suspension may result in revocation or extended suspension of the license as provided in Section 27.4. Upon notifica- tion in writing. by the licensee to the Health Authority that all violations have been corrected, for which temporary suspension was invoked, the Health Authority shall reinspect the food establishment within a reasonable length of time. If all violations constituting the grounds for the temporary suspension have been corrected, the Health Authority shall forthwith terminate the suspension. The Health Authority and the Clerk-Administrator shall not suspend a license if the violation or violations which constitute an imminent public health hazard can be eliminated or removed by embargo or condemnation as provided in this Resolution. SECTION 28 - SEPARABILITY Section 28.T Separability. Should any section, subdivision,. clause, or other provision of this Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Resolution as a whole nor of any part thereof other than the part so declared to be invalid. This Resolution shall be effective upon passage. Adopted by the City Council this 24th day of - 22 - `~ 1 July, 1975. /' ~---~ (, . , - _, Willis C. A. Warkentien, Mayor Attest: '~ ;. ewan B. Barnes Clerk-Administrator - 23 -