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276677 WHITE '- CITY CLERK ��cM�� PINK - F1jdANCE COl111C11 V � era,u"�;Y - nEyORMENT GITY OF SAINT PAUL File NO. • � r � in�nce Ordinance N C.__I;:tQ ��,_ Presented By Referred To Committee: Date Out of Committee By Date An Ordinance amending the Saint Paul � Legislative Code so as ta add provisions regulating and licensing the business of Food Salvaging. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the Saint Paul Legislative Code be and is hereby amended so as to add the following thereto: CHAPTER 374 Food Salvage 374.01 Definitions. The following definitions and terzns shall apply in the interpretation and enforcement of this ordinance. DIVISION OF PUBLIC HEALTH shall mean the Public Health Services Manager and his duly designated representatives. DISTRESSED MERCHANDISE shall mean any food, packaged, bottled or canned, which has had the label lost or which has been subjected to possible damage or adulteration due to accident, fire, flood, adverse weather, or to any other similar cause, natural decay or spoilage or which may have been rendered unsafe or unsuitable for human or animal constunption or use. FOOD means any raw, coaked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human or animal consumption. COUNCILMEIV Requested by Department of: ' Yeas Nays Hunt �evine In Favor Maddox McMahon snowaiter Against Y Tedesco �Ison Adopted by Council: Date Form Approved b C' y t rne Certified Passed by Council Secretary BY By . Approved by Mayor: Date Appr by Mayo f missi to Council By B , ,l ��V�� . � '2- NONSALVAGEABLE ME RCHANDISE shall mean distressed merchandise which cannot be safely or practically reconditioned. PERISHABLE shall mean that there exists a significant risk of spoilage or deterioration when a product has not been properly refrigerated or handled. PERSON shall mean an individual, or a firm, partnership, company, corporation, trustee, assoaiation, agent, or any public or private entity. PERSONNEL shall mean any person employed by a salvage processing plant or distributor who does or may in any manner handle or come in contact with the handling, storing, transporting, or selling and distributing of salvageable or salvaged merchandise. POTENTIALLY HAZARDOUS FOOD shall mean any readily perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting rapid and progressive growth of pathogenic or toxi- cogenic �nicroorganisms. RECONDITIONING shall mean any appropriate process or procedure by which salvageable merchandise can be brought into compliance with the standards of the Division o� Public Health for consumption or use by the public. Cans shall be washed, rinsed and sanitized in a three compartment approved sink. Any other method approved by the Public Health Services Manager may be utilized. SALVAGEABLE MERCHANDISE shall mean any distressed merchandise which can be reconditioned to the standards of the Division of Public Health. �� . ��. -3- SALVAGE DISTRIBUTOR shall mean a person who engages in the business of selling, distribution or otherwise trafficking in any distressed or salvaged merchandise. SALVAGED MERCHANDISE shall mean distressed merchandise which has been reconditioned. SALVAGE PROCESSING PLANT shall mean an establishment primarily engaged in the business of reconditioning or by other means salvaging distressed merchandise and which sells or distributes salvaged merchandise for human or animal consumption or use. SANITIZE shall mean adequate treatment of food contact surfaces by an approved process that is effective in destroying vegetative cells of microorganisms of public health significance and in substantially reducing numbers of other microorganisms. Such treatments shall not adversely affect the product and shall be safe to the consumer. VEHICLES shall mean any truck or other approved means by which distressed, salvageable or salvaged merchandise is transported from one location to another. APPROVED shall mean acceptable to the Health Officer or authorized agent following determination as to conform- ance with the provisions of this ordinance. 374 . p2 , License Required. It shall be unlawful for any person o opera e a salvage processing plant or operate as a salvage distributor within the City of Saint Paul without first obtaining a license. Licenses shall not be transferable from one person to another, or from one place to another. A valid license shall be posted in every location. Vehicles used in the �` '"i.^.p'� ' �� -4- distribution of salvaged foods shall be licensed. Licensed vehicles shall have displayed in a conspicu- • ous place on the outside of the vehicle the name and address of the processing plant or distributor. 374• 03. License Fees. The annual license fee for the salvage processing plant or salvage distributor � shall be $125.00. In addition ta this annual fee, each licensee shall pay an annual fee determined by the area used for selling, processing, packaging, serving or cold storage used in connection with the business as follows: l. Area of not more than 1, 000 square feet, no additional fee. . 2 . Area of more than 1, 000 square feet, but less than 2, 500 square feet, the sum of , $10. 00. 3. Area of 2, 500 square feet, but less than 5,000 square feet, the sum of $30. 00. 4. Area of 5,000 square feet, but less than 7,500 square feet,. the sum of $'70. 00. 5. Area of more than 7,500 square feet, but less than 10,000 square feet, the sum of $110. 00. 6 . Area of more than 10, 000 square feet, the sum of $200. 00. The annual license fee for each vehicle used in distri- bution of salvaged foods shall be the sum of $15.00. 374.04. Issuance of Licenses. A license to operate a business as described in this chapter is hereby classified as a Class I License under Chapter 310 and subject to the procedures therein. The application shall be referred to the division of public health for approval. Upon receipt of an application, the public health services manager or his a�ent shall . __ r . , . , tivt��~Q � -5- make such inspections of the salvage processing plant or distributor' s operations as may be necessary to determine compliance with the provisions of this chapter. 374.05 Inspection. The Division of Public Health shall inspect each salvage processing plant and distributor' s operations at least four times every 12 months and shall make as many additional inspections and reinspections as are necessary for the enforcement of this ordinance. Authorized representatives of the Division of Public Health, after proper identification, .shall be permitted to enter at any reasonable time any salvage processing ° plant, distributor' s operations, distributor's plant or vehicles for the purpose of making inspections to determine compliance with this ordinance. The Public Health Services Manager ' s designated representatives shall be permitted to examine the records of the . salvage processing plant or distributor to abtain pertinent information pertaining to distressed salvage- � able and salvaged merchandise purchased, received, used, sold, or distributed. 374, 06 Plans. When a salvage processing plant is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a salvage processing plant, properly prepared plans and specifications for such construction, remodeling, or alteration, showing layout, arrangements, and con- struction materials of work areas and the location, size and type of fixed equipment and facilities, and a plumbing riser diagram shall be submitted to the Division of Public Health for approval before such construction remodeling, etc. is begun. Applicable food equipment shall meet the equipment standards as established in the Saint Paul Food Code. � M' �� -6- 374.07 Personriel Cleanliness. Subd. l . No personnel 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 respiratory infection, shall work in an area of a salvage processing plant or for a salvage distributor in any capacity in which there is any possibility of such person contaminating salvageable or salvaged merchandise with pathogenic organisms, or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the establishment has reason to suspect that any personnel has cantracted any disease in a communicable form or has become a carrier of such disease, the Public Health Services Manager shall be notified immediately. Subd. 2. All personnel while working in direct contact with salvageable products or while engaged in rep��cessing, repacking, or otherwise handling product ingredients shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand-washing 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 wash- ing his hands. Al1 personnel shall wear effective hair restraints. 374.08 Prot:ection of Sa:lvageable and Salvaged Me:rc'han- dise. � Subd. 1. Contamination Protection. All salvageable and salvaged merchandise, while being stored or processed at a salvage processinc� plant;, or during transportation, shall ' ��7 � � -7- be protected from contamination. All readily perishable and perishable foods shall be kept at such temperature as will protect against spoilage. Al1 potentially hazardous foods shall be maintained at a safe tempera- ture of 40° F (4° C) or below; 150°F (66°C) or above. Frozen foods shall be maintained at 0°F (-17°C) or below. Poisonous and toxic materials shall be identified and handled under such conditions as will not contaminate salvageable or salvaged merchandise, or constitute a hazard to personnel. Subd. 2. Segregation of Merchandise. All salvageable merchandise shall be promptly sorted and segregated fro� nonsalvageable merahandise to prevent further contamination of the distressed merchandise to be salvaged or offered for sale or distribution. 374.09 Equipment and Utensils. Subd. 1. Design and Fabrication. (a) All equipment, utensils, and other food-cont�.Et surfaces used in a salvage processing plant shall be so designed and of such material and workmanship as to be smooth and easily cleanable. Utensils coming in cantact with salvageable or salvaged merchandise shall be in good repair. Exceptions may be made to the above materials requirements, if approved by the Public Health Services Manager. (b) All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas. Equipment in use at the time of adoption of this ordinance which does nat meet fully the above requirements may be cQntinued in use if it is in good repair, capable of being maintained in a sanitary condition, and its surfaces that come in contact with salvageable or salvaged merchandise are nontoxic. �� -8- Subd. 2 . Cleaning Frequency. (a) All utensils and surfaces of equipment coming into contact with salvageable or salvaged merchandise in a salvage processing plant shall be thoroughly cleaned and sanitized prior to use. (b) All other surfaces or equipment shall be cleaned at such intervals as necessary to keep them in a clean and sanitary condition. Subd. 3. Handling. (a) Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from contamination. (b) Single-service materials shall be i�:andled and dispensed in a manner that prevents contamination of surfaces which may come in contact with food. (c) All single-service materials shall be used only once. Subd. 4. Storage. Cleaned and sanitized utensils and equipment shall be stored in a way that protects them from contamination. 374.10 Sanitary Facil.ities and Controls Subd. l. Water Supply. The water supply shall be adequate, o� a safe, sanitary qual.ity, and from a source constructed and operated in accordance with specifications approved by the Minnesota State Board of Health. . , ,� � � �� -9- Subd. 2. Water Under Pressure. Water under pressure at the required temperatures shall be provided in all areas where foods are processed, or equipment, utensils or containers are washed. Subd. 3.Sewage. All sewage, including liquid waste, shall be disposed of in a public sewerage system or, in the absence thereof, in a manner approved by the Division of Public Health. Subd. 4. Plumbing. Plumbing shall be sized, installed and maintained in accordance with applicable State and Local plumbing codes. Subd. 5. Toilet Facilities. Each salvage processing plant shall provide its employees with adequate and con- veniently located toilet facilities with handwashing facilities, soap and single service towels. Toilet facilities, including rooms and fixtures and supplies shall be kept in a clean condition and in good repair at all times and equipped with mechanical ventilation. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be provided. Easily cleanable receptables shall be provided for waste materials, and shall be covered. Subd. 6. Handwashing Facilities. Each salvage pro- cessing plant shall be provided at the work stations with adequate, conveniently located hand-washing facili- ties for its personnel, including a lavatory or lavator- ies equipped with hot and cold or tempered running water, hand-cleaning soap or detergent, and approved sanitary towels or other approved hand-drying devices. Such facilities shall be maintained clean and in good repair. Subd. 7. Garbage and Refuse. (a) All refuse shall, prior to disposal, be kept in leakproof, nonabsorbent containers which sha11 be �� -10- kept covered with tight-fitting lids when filled or stored, or not in continuous use; provided that such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a waste refrigerator. All other refuse shall be stored in containers, rooms, or areas in an approved manner. All garbage and wet refuse stored far pick- up disposal on the exterior or interior of a food establishment shall be placed in plastic bags or any other type of moisture-proof containers which have the equivalent of at least 2 mills in thickness before being placed in a metal or plastic pickup disposal container. Al1 bags shall be securely tied closed before being placed in the refuse con- tainer. (b) Adequate cleaning facilities for refuse con- tainers shall be provided, and each cantainer, room or area shall be thoroughly cleaned after the emptying or removal of refuse. (c) All refuse shall be disposed of with sufficient frequency and in such a manner as to prevent contami- nation and an attractant for vermin. Subd. 8. Insect and Rodent Cantrol. Effective measures shall be taken to protect against the entrance inta the salvage processing plant and the breeding or presence on the premises of rodents, insects, and other vermin. 37�►.11 eonstruction and Main.tenarice of Physical Facil:ities. Subd. 1. Floors. The floor surfaces in all rooms and areas in which salvageable or salvaged merchandise is stored or processed shall be smooth, nonabsorbent and easily cleanable. The �loor of walk-in refrigerators, dressing or locker rooms, and toilet rooms, utensil and . , � � � ��.r��S`��7 -��- pot and pan wash rooms shall be of smooth, easily clean- able, nonabsorbent materials. Dry storage floor areas are to be smooth, easily cleanable and nonabsorbent. All floors sha11 be maintained clean and in good repair. 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 waste on the f loor. Subd. 2 . Walls and Ceilings. Walls and ceilings of all rooms shall be cleanable, smooth, in good repair and of a light colored surface. Subd. 3. Lighting. (a) Artificial light sources shall be installed to provide at least 20-foot candles of light on all working surfaces and at least 10-foot candles on all other surfaces and equipment, in food preparation and storage areas utensil-pot and pan washing and hand- washing areas, and toilet rooms. At least 10-foot candles of light at a distance of 30 inches from the floor shall be required in all other areas during cleaning operations. (b) Sources of artificial light shall be provided and used to the extent necessary to provide the re- quired amounts of light on all surfaces when in use and when being cleaned. Subd. 4. Protective Shielding. (a) Shielding to protect against broken glass falling onto unpackaged food shall be provided for all artificial lighting fixtures located over or within �ood storage, food preparation, and food display areas. ' ' ��r�� -12- (b) Infrared or other heat lamps shall be protected against breakage by a protective shi�ld surrounding and extending beyond the bulb, leaving only the face of the bulb exposed. Subd. 5. Ventilation. All rooms in which salvageable or salvaged merchandise is processed, utensils or pots and pans are washed, toi].et rooms and garbage and rubbish storage areas, shall be equipped with mechanical ventilation. Ventilation systems shall comply with applicable Federal, State and local fire prevention and air pollution require- ments. Subd. 6. Clothing and Personal Belongings. Adequate facilities shall be provided for the orderly storage of personnel cl.othing and personal belongings. Personnel effects shall not be stored in a food processing area. Subd. 7 . Housekeeping. All parts of the salvage pro- cessing plant and its premises shall be kept neat, clean, and free of l.itter and rubbish. Cleaning operations shall be conducted in such a manner as to prevent contamination of salvageable and salvaged merchandise. None of the operations connected with a salvage processing plant shall be conducted in any room used as an employee lounge or living or sleeping quarters. Soiled coats and aprons shall be kept in suitable containers until removed for laundering. No birds or animals shall be allowed in any areas used for the conduct of salvage processing plant operations or the storage of salvageable and salvaged merchandise. An enclosed janitor's closet shall be provided which is equipped with running hot and cold water, a sink and facilities for storing mops, broom and cleaning components. Subd. 8. Vehicles. Vehicles used to transport dis- tressed, salvageable, or salvaged merchandise shall be maintained in a clean and san,itary condition to protect the product from cantamination. , . ,- � � ��i�� -13- 374.12Handling of Distressed Merchandise. Movement of Distressed Merc andise. Subd. l. Handling of Distressed Articles other than human food. If distressed articles other than human food are also salvaged, they shall be handled and stored in rooms separate from those in which human foods are re- conditioned. Subd. 2. Cross-Contamination Protection. Sufficient precautions shall be taken to prevent cross-cantamination (animal feed to human food, etc.) among the various types of inerchandise which are salvageable or salvaged. 374.13 Subd. l. Reconditioning of Distressed Merchandise. (a) Al1 salvaged metal cans of distressed food offered for distribution or sale shall be essentially free from rust (pitting) and dents which affect the integrity of the can (especially at rim, end double seams and/or side seams) . Leakers, springers, flippers, and swells shall be deemed unfit for sale or distribution. Containers, including plastic, metal and glass containers with press caps, screw caps� pull rings or other types of openings which have been in contact with water, liquid foam, smoke, or other deleterious substances, as a result of fire fighting efforts, flood, sewer backups or similar mishaps, shall be deemed unfit for sale or distri- bution, i.e. , nonsalvageable merchandise, except that consideration may be given to recondition spirits by distillation where feasible. (b) All salvageable metal containers of distressed food, other than those mentioned in (a) above, whose integritX has not been compromised and whose integrity , . - � ' �!'��/� -14- would not be compromised by the reconditioning, and which have been partially or totally submerged in water, liquid foam, or other deleterious substances as the result of flood, fire, sewer backup or other reasons shall, after thorough cleaning be subjected to a sanitizing rinse of a concentration of 100 ppm available chlorine for a minimum period of one minute, or shall be sanitized by another method approved by the Public Health Services Manager. The containers shall subsequently be treated to inhibit rust formation. Subd. 2. Label Removal. Any cans or tins showing surface rust shall have labels removed, the outer surface cleaned by buffing, a protective coating applied where necessary, and shall be relabeled. Re- labeling of other salvaged nonmetal (glass, plastic, etc.) containers shall be required when original labels are missing or illegible. Subd. 3. Relabeling. Al1 salvaged merchandise shall be labeled to indicate that the merchandise has been salvaged. Al1 salvaged merchandise in containers shall be provided with labels meeting the requirements of the Minnesota State Department of Agriculture, and the Federal Food, Drug and Cosmetic Act, Fair Packaging and Labeling Act, and regulations promulgated under those Acts for products in inter- state commerce. Where original labels are removed from containers which are to be resold or redistrib- uted, the replacement labels must satisfy all the labeling requirements of this section. 374.14 Subd. 1. Handling o,� Nonsalvageable Merchandise. Foods contaminated and/or adulterated by pesticides or other chemicals, potentially hazardous foods (food requiring refrigeration) which have been , � � . � i�� -is- exposed to a temperature above 40°F. (4°C) for a period exceedirig 4 hours; foods found unfit for salvage on examination shall be deemed nonsalvage- able. Foods packaged in paper or other porous materials which have been subjected to contamination may be deemed to be nonsalvageable merchandise, as defined in 37.4. 01 Subdivision 2 (d) of this ordinance. Frozen foods which have thawed shall be considered nonsalvageable. Subd. 2. Distribution of Nonsalvageable Merchandise. Nonsalvageable merchandise shall not be sold or distributed as food, or animal feed but shall be disposed of in a manner approved by and under the supervisor of the Public Health Services Manager. 374.15 Retaining-Condemning. (a) The Public Health Services Manager or his authorized agent may attach a "Retained" tag or issue a written notice of retaining and thereby retain any food, clothing, equipment, utensil or thing which by reason of origin, dirt, filth, extraneous matter, insects, vermin, temperature, corrosion, open seams, dented seams, chipped or cracked surfaces, may be unfit for use. The Public Health Services Manager or his authorized agent shall record the tag number, kind and amount of item retained. The tag shall accompany the re- tained item at all times. If upon final inspection the item is approved, the tag shall be removed by the Public Health Services Manager or his authorized agent. (b) The Public Health Services Manager or his authorized agent may �ttach a "Condemn" tag to food and food products which are n,ot salvageable. When food is condemned, the original mark, stamp or label thereon shall be removed or defaced and • ` ,~ ' ' �� , -16- a "Condemn" tag attached to the food or food product. The tag shall accompany this food until its ultimate disposal. The Public Health Services Manager shall cause the removal of the "Condemn° tag upon final disposition. (c) In all other instances of vio].ation of the provisions of this ordinance, the Public Health Services Manager or his agent shall serve upon the holder of the license a written notice specifying the viol.ation(s) in question and afford the holder a reasonable opportunity to correct same. 374.16 Rules and Regul,ations. The Public Health Services Manager may ma e such rules and regulations as are reason- ably necessary for the safe and sanitary operation of food salvage processing plants. Such rules and regulations shall be effective when filed in the office of the City Clerk and amendments thereof shall be effective twenty (20) days after being so filed. Viol.ations of such regulations shall be sufficient grounds for revocation or suspension of any license issued pursuant to this ordinance. 374.17 Revocatiori or Susperision of Licenses. For serious or repeated vio ations o any of t e requirements of this ordinance, or for interference with the Public Health Services Manager or his agent in the performance of his duties, the license may be revoked or suspended after an opportunity for hearing has been provided by the City Council. Prior to such action, the Division of License and Permit Administration shall notify the License holder, in writing, stating the reasons for which the license is subject to revocation or suspension. WHITE �� - CITY CLERK y*/��'/��y•/yJ��// PINK NANCE COlII1C11 �v�✓ 1 ! . }u"sR� '- �A�ORMENT ' GITY OF SAINT PAUL File NO. ` � . Ordindnce ordinance N 0._ I ��U _� Presented By Referred To Committee: Date Out of Committee By Date -17- Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. COUNCILMEN Requested by Department of: Yeas Nays Hunt � �evine In Favor Maddox McMahon � snowaite� Against Tedesco Wilson Adopted by Council: Date � 7 1981 Form Approved i tor Certified P Co ncil e et BY By , Approv by Mayor: a � MAY 7 Ap by y r f r ub sion to Council 1 By BY PUBUSHED MAY 16 � �� .a� ♦ •� 1. � . � � - � �.�� , �� CAmend Council File No. 276677 as follows: Insert chapter and section numbers under the St. Paul Legislative Code: Chapter 3'74, Sections 374.01, 374.02 etc. in proper sequence. Amend Section 374.04 to read as follows: 374.04. Issuance of Licenses. A license to operate a business as described in this chapter is hereby classified as a Class I License under Chapter 310 and sub,ject to the procedures therein. The application shall be referred to the division of public health for approval. Upon receipt of an application,, the public health services manager or his agent shall make such inspections of the salvage processing plant or distributor' s operations as may be necessary to determine compliance with the provisions of this chapter. C � � � � � � �.. � . .. s •` � '�, -4- , ', distributia� of salvaged foods shall be licensed. Licensed vel�icles shall have displayed in a conspicu- ous place ori'�, the outside of the vehicle the name and address of the processing plant or distributor. . 03. License Fees. The annual license fee for � the salvage proc�ssing plant or salvage distributor shall be $125.00: In addition to this annual fee, each licensee sha1:1 pay an annual fee determined by the area used for sell�ng, processing, packaging, serving or cold storage used in connection with the business as follows: l. Area of not mor� than 1, 000 square feet, - no additional fe�. 2. Area of more than 1, 000 square feet, but less than 2, 500 square feet, the sum of $10. 00. � 3. Area of 2, 500 square� eet, but less than 5, 000 square feet, th� sum of $30.00. � 4 . Area of 5,000 square fe�t, but less than 7, 500 square feet, the s of $�p. 00. 5. Area of more than 7,500 sq are feet, but less than 10, 000 square fee , the sum of $110. 00. \ \ 6. Area of more than 10, 000 square, feet, the sum of $200. 00. ,\ The annual license fee for each vehicle used in distri- bution of salvaged foods shall be the sum of $15. 00. . 04 Issuance of Licenses. Upon receipt of an appli- cation, t e P lic Hea t Services Manager or his agent � , ��s�� -5- shall make such inspections of the salvage processing plant or distributor's operations as may be necessary to determine compliance with the provisions of this ordinance. .05 Inspection. The Division of Public Health shall inspect each salvage processing plant and distributor' s operations at least four times every 12 months and sha11 �►�'�� make as many additional inspections and reinspections as are necessary for the enforcement of this ordinance. Authorized representatives of the Division of Public Health, after proper identification, shall be permitted to enter at any reasonable time any salvage processing � plant, distributor's operations, distributor 's plant = or vehicles for. the purpose of making inspections to determine compliance with th:is ordinance. The Public Health Services Manager's designated representatives shall' be permitted to examine the records of the salvage processing plant or distributor to obtain pertinent information pertaininc� to distressed salvage- . - able and salvaged merchandise purchased, received, used, sold, or distributed. .07 Plans. When a salvage processing plant is hereafter constructed or extensively remodeled, or when an existing structure is converted.. for use as a salvage processing plant, properly prepa�ed plans and specifications for such construction, remQdeling, or alteration, showing layout, arrangements, 2e�d con- struction materials of work areas and the loGation, size and type of fixed equipment and faGiliti�s, and a plumbing riser diagram shall be submitted to ,the Division of Public Health for approval before such construction remodeling, etc. is begun. Applicable food equipment shall meet the equipment standards as � established in the Saint Paul Food Code. WMITE •� GTY CLERK ��7�� PIN6c � - FINANCE � COUI1C11 �r CANARY - DEPARTMENT G I T Y O F SA I NT PA LT L File N O. Bl.UE - MAYOR � � � dinance Ordinance N 0. Presented By Referred To� Committee: Date Out of Committee By Date An Ordinance amending the Saint Paul Legislative Code so as ta add provisions , regulating and licensing the business of Food Salvaging. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the Saint Paul Legislative Code be and is hereby amended • so as to add the following thereto: C{�A�PTEK•3��'• Foocl Salvage �rJ �f .O1 Definitions. The following definitions and terms shall apply in the interpretation and enforcement of this ordinance. . DIVISION OF PUBLIC HEALTH shall mean the Public Health Services Manager and his� duly designated representatives. DISTRESSED MERCHANDISE shall mean anysfood, packaged, bottled or canned, which has had the label lost or which has been subjected to possible damage or adulteration due to accident, fire, flood, adverse weather, or to any other similar cause, natural decay or spoilage or which may have been rendered unsafe or unsuitable for human or animal consumption or use. FOOD means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human or animal consumption. COUNC[LME(V Requested by Department of: Yeas Nays Hunt Levine IR F3VOi Maddox McMahon Showalter A gai n s t y Tedesco wison Form Approved b C' y t rne Adopted by Council: Date Certified Passed by Council Secretary BY By . Approved by Mayor: Date App� by Mayo f r missi n to Council � — By B , . ;��i�6`7'7 -2- NONSALVAGEABLE MERCHANDISE shall mean distressed merchandise which cannot be safely or practically reconditioned. PERISHABLE shall mean that there exists a significant risk of spoilage or deterioration when a product has not been properly refrigerated or handled. PERSON shall mean an individual, or a firm, partnership, company, corporation, trustee, association, agent, or any public or private entity. PERSONNEL shall mean any person employed by a salvage processing plant or distributor who does or may in any manner handle or come in contact with the handling, storing, transporting, or selling and distributing of salvageable or salvaged merchandise. POTENTIALLY HAZARDOUS FOOD shall mean any readily perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, ' shellfish, or other ingredients capable of supporting rapid and progressive growth of pathogenic or toxi- cogenic microorganisms. RECONDITIONING shall mean any appropriate process or procedure by which salvageable merchandise can be brought into compliance with the standards of the Division of Public Health for consumption or use by the public. Cans shall be washed, rinsed and sanitized in a three compartment approved sink. Any other method approved by the Public Health Services Manager may be utilizec�. SALVAGEABLE MERCHANDISE shall mean any distressed merchandise which can be reconditioned to the standards of the Division of Public Health. . . � - w`"��d�7 -�- SALVAGE DISTRIBUTOR shall mean a person who engages in the business of selling, distribution or otherwise trafficking in any distressed or salvaged merchandise. SALVAGED MERCHANDISE shall mean distressed merchandise which has been reconditioned. SALVAGE PROCESSING PLANT shall mean an establishment primarily engaged in the business of reconditioning or by other means salvaging distressed merchandise and which sells or distributes salvaged merchandise for human or animal consumption or use. SANITIZE shall mean adequate treatment of food contact surfaces by an approved process that is effective in destroying vegetative cells of microorganisms of public health significance and in substantially reducing . numbers af- other microorganisms. Such treatments shall not adversely affect the product and shall be safe to the consumer. � VEHICLES shall mean any truck or other approved means by which distressed, salvageable or salvaged merchandise is transported from one location to another. APPROVED shall mean acceptable to the Health Officer or authorized agent following determination as to conform- ance with the provisions of this ordinance. 3rI`� . 02 . License Required. It shall be unlawful for any person . o opera e a salvage processing plant or operateoas a salvage distributor within the City of Saint Paul withaut first obtaining a license: icenses shall not be transferable from one person to another, or from one place to another. A valid license shall be pasted in every location. Vehicles used in the ' � �r`��'�.� �` � -4- distribution of salvaged foods shall be licensed. Licensed vehicles shall have displayed in a conspicu- ous place on the outside of the vehicle the name and address of the processing plant or distributor. J�7� .03. License Fees. The annual license fee for the salvage processing plant or salvage distributor �'� shall be $125.00. In addition to this annual fee, each licensee shall pay an annual fee determined by the area used for selling, processing, packaging, serving or cold storage used in connection with the business as follows: 1. Area of not more than 1, 000 square feet, no additional fee. . 2 . Area of more than 1, 000 square feet, but - less than 2,500 square feet, the sum of $10. 00. � 3. Area of 2, 500 squ�re feet, but less than 5,000 square feet, the sum of $30. 00. 4 . Area of 5,000 square feet, but less than 7, 500 square feet, the sum of $'7p. 00. 5. Area of more than 7,500 square feet, but less than 10, 000 square feet,. the sum of $110. 00. . 6 . Area of more than 10,000 squaXe feet, the sum of $200. 00. The annual license fee for each vehicle used in distri- bution of salvaged foods shall be the su� of $15.00. 3��( . 04 Issuance of Licenses. Upon receipt of an appli- cation, the P ic Hea t Services Manager or his agent �i �� 0� -5- shall make such inspections of the salvage processing plant or distributor' s oper.ations as may be necessary to determine compliance with the provisions of this ordinance. � ��.05 Inspection. The Division of Public Health shall inspect each salvage processing plant and distributor' s operations at least four. times every 12 months and shall �' make as many additional inspections and reinspections as are necessary for the enforcement of this ordinance. Authorized representatives of the Division of Public Health, after proper identification, shall be permitted to enter at any reasanable time any salvage processing plant, distributor' s operations, distributor 's plant or vehicles for the purpose of making inspections to . determine� compliance with this ordinance. The Public - Health Services Manager's designated representatives shall be permitted to �xamine the records of the salvage processing plant or distributor to obtain � pertinent information pertaining to distressed salvage- able and salvaged merchandise purchased, received, used, sold, or distributed. bG �y .07 Plans. When a salvage processing plant is hereafter constructed or extensively remodeled, or when an existing .structure is converted for use as a salvage processing plant, properly prepared plans and specifications for such construction, remodeling, or alteration, showing layaut, arrangements, and con- struction materials of work areas and the location, size and type of fixed equipment and faGilities, and a plumbing riser diagram shall be submitted to the Division of Public Health for approval before such construction remodeling, etc. is begun. Applicable food equipment shall meet the equipment standards as established in the Saint Paul Food Code. i i � �r'�� -6- 2,�`�b 7 ✓ .08 Personnel Cleanliness. � Subd. 1 . No personnel 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 respiratory infection, shall work in an area of a salvage processing plant or for a salvage distributor in any capacity in which there is any possibility of such person contaminating salvageable or salvaged merchandise with pathogenic organisms, or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the establishment has reason to suspect that any personnel has contracted any disease in a communicable form or has become a - carrier of such disease, the Public Health Services Manager shall be notified immediately. � Subd. 2. All personnel while working in direct contact with salvageable products or while engaged in rep��cessing, repacking, or otherwise handling product ' ingredients shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand-washing 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 wash- ing his hands. All personnel shall wear effective hair restraints. ��{� o� . 09 Protection of Salvageable and Salvaged Merchan- dise. Subd. l. Contamination Protection. All salvageable and salvag�d merchandise, while being stored or proces�sed at a salvage processincr plar�t, or during transpartation, shall � � 1 � � - G'`"� ' , . �:�� -�- be protected from contamination. Al1 readily perishable and perishable foods shall be kept at such temperature as will protect against spoilage. All potentially hazardous foods shall be maintained at a safe tempera- ture of 40° F (4° C) or below; 150°F (66°C) or above. Frozen foods shall be maintained at 0°F (-17°C) or below. Poisonous and toxic materials shall be identified and handled under such conditions as will not contaminate salvageable or salvaged merchandise, or constitute a hazard to personnel. Subd. 2. Segregation of Merchandise. All salvageable merchandise shall be promptly sorted and segregated from nonsalvageable merchandise to prevent further contamination of the distressed merchandise to be salvaged or offered for sale or distribution. _ 3�`�` � y .10 Equipment and Uterisils. Subd. l. Design and Fabrication. (a) All equipment, utensils, and other food-contaEt surfaces used in a salvage processing plant shall be so designed and of such material and workmanship as to be smooth and easily cleanable. Utensils coming in contact with salvageable or salvaged merchandise shall be in good repair. Exceptions may be made to the above materials requirements, if approved bg the Public Health Services Manager. (b) All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas. Equipment in use at the time of adaption of this ordinance which does not meet fully the above requirements may be continued in use if it is in good repair, capable of being maintained in a sanitary condition, and its surfaces that come in contact with salvageable or salvaged merchandise are nontoxic. � � � ��`7�7 -8- Subd. 2. Cleaning Frequency. � (a) All utensils and surfaces of equipment coming into contact with salvageable or salvaged merchandise in a salvage processing plant shall be thoroughly cleaned and sanitized prior to use. (b) All other surfaces or equipment shall be cleaned at such intervals as necessary to keep them in a clean and sanitary condition. ! Subd. 3. Handling. (a) Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from cantamination. . {b} Single-service materials shall be iiandled and dispensed in a manner that prevents contamination of surfaces which may come in contact with food. � (c) All single-service materials shall be used only once. Subd. 4. Storage. Cleaned and sanitized utensils and equipment shall be stored in a way that protects them from contamination. ��` .11� Sanitary Facilities and Controls Subd. 1. Water Supply. The water supply shall be adec�uate, of a safe, sanitary quality, and from a source constructed and operated in accordance with specifications approved by the Minnesota State Board of Health. �� ! / -9- Subd. 2. Water Under Pressure. Water under pressure at the required temperatures shall be provided in all areas where foods are processed, or equipment, utensils or containers are washed. Subd. 3.Sewage. Al1 sewage, including liquid waste, shall be disposed of in a public sewerage system or, in the absence thereof, in a manner approved by the Division of Public Health. Subd. 4. Plumbing. Plumbing shall be sized, installed and maintained in accordance with applicable State and Local plumbing codes. Subd. 5. Toilet Facilities. Each salvage processing plant shall provide its employees with adequate and con- veniently located toilet facilities with handwashing facilities, soap and single service towels. Toilet facilities, including rooms and fixtures and supplies shall be kept in a clean condition and in good repair at all times and equipped with me�hanical ventilation. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be provided. Easily cleanable receptables shall be provided for waste materials, and shall be covered. Subd. 6. Handwashing Facilities. Each salvage pro- cessing plant shall be provided at the work stations with adequate, conveniently located hand-washing facili- ties for its personnel, including a lavatory or lavator- ies equipped with hot and cold or tempered running water, hand-cleaning soap or detergent, and approved sanitary towels or other approved hand-drying devices. Such facilities shall be maintained clean and in good repair. Subd. 7. Garbage and Refuse. (a) Al1 refuse shall, prior to disposal, be kept in leakproof, nonabsorbent containers which shall be ivt�V� 1 -10- kept covered with tight-fitting lids when filled or . stored, or not in continuous use; provided that such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a waste refrigerator. Al1 other refuse shall be stored in containers, rooms, or areas in an approved manner. All garbage and wet refuse stored for pick- up disposal on the exterior or interior of a food establishment shall be placed in plastic bags or any other type of moisture-proof containers which have the equivalent of at least 2 mills in thickness before being placed in a metal or plastic pickup disposal container. All bags shall be securely tied closed before being placed in the refuse con- tainer. (b) Adequate cleaning facilities for refuse con- . tainers shall be provided, and each cantainer, room or area shall be thoroughly cleaned after the emptying or removal of refuse. (c) All refuse shall be disposed of with sufficient frequency and in such a manner as to prevent contami- nation and an attractant for vermin. Subd. 8. Insect and Rodent Control. Effective measures shall be taken to protect against the entrance inta the salvage processing plant and the breeding or presence on the premises of rodents, insects, and other vermin.. 2,�`�` ��12 Construction and Maintenance of Physical Facilities. i Subd: 1. Floors. The floor surfaces in all rooms and areas in which salvageable or salvaged merchandise is stored or processed shall be smooth, nonabsorbent and easily cleanable. The floor of walk-in refrigerators, dressing or locker rooms, and toilet rooms, utensil and • , �It�� l / -11- pot and pan wash rooms shall be of smooth, easily clean- able, nonabsorbent materials. Dry storage floor areas are to be smaoth, easily cleanable and nonabsorbent. All floors shall be maintained clean and in good repair. 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 waste on the f loor. Subd. 2. Walls and Ceilings. Walls and ceilings of all rooms shall be cleanable, smooth, in good repair and of a light colored surface. Subd. 3. Lighting. (a) Artificial light sources shall be installed to provide at least 20-faot candles of light on all . working surfaces and at least 10-foot candles on all other surfaces and equipment, in food preparation and storage areas utensil-got and pan washing and hand- � washing areas, and toilet rooms. At least 10-faot candles of light at a distance of 30 inches from the floor shall be required in all other areas during cleaning operations. (b) Sources of artificial light shall be provided and used to the extent necessary to provide the re- quired amounts of light on all surfaces when in use and when being cleaned. Subd. 4. Protective Shielding. (a) Shielding to protect against broken glass falling onto unpackaged food shall be provided for all artificial lighting �ixtures located over or within food storage, food preparation, and food display areas. ; , _ � ��''� -12- (b) Infrared or other heat lamps shall be protected ; against breakage by a protective shield surrounding and extending beyond the bulb, leaving only the face of the bulb exposed. Subd. 5. Ventilation. All rooms in which salvageable or salvaged merchandise is processed, utensils or pots and pans are washed, toilet rooms and garbage and rubbish storage areas, shall be equipped with mechanical ventilation. Ventilation systems shall comply with applicable Federal, State and local fire prevention and air pollution require- ments. Subd. 6. Clothing and Personal Belongings. Adequate facilities shall be provided for the orderly storage of personnel clothing and personal belongings. Personnel effects shall not be stored in a food processing area. Subd. 7. Housekeeping. All parts of the salvage pro- cessing plant and its premises shall be kept neat, clean, and free of l,itter and rubbish. �Cleaning operations shall be conducted in such a manner as to prevent contamination of salvageable and salvaged merchandise. None of the operations connected with a salvage processing plant shall be conducted in any room used as an employee lounge or living or sleeping quarters. Soiled coats and aprons shall be kept in suitable cantainers until removed for laundering. No birds or animals shall be allowed in any areas used for. the conduct of salvage processing plant operations or the storage of salvageable and salvaged merchandise. An enclosed janitor's closet shall be provided which is equipped with running hot and cold water, a sink and facilities for storing mops, broom and cleaning components. Subd. 8 . Vehicles . Vehicles used to transport dis- tressed, salvageable, or salvaged merchandise shall be maintained in a clean and sanitary condition to protect the product from contamination. , .v��`�� . -13- ,�j � �'� �' ` .13 Handling of Distressed Merchandise. Movement of Distressed Merc andise. � Subd. 1. Handling of Distressed Articles other than human food. If distressed articles other than human food are also saTvaged, they shall be handled and stored in rooms separate from those in which human foods are re- conditioned. Subd. 2. Cross-CQntamination Protection. Sufficient precautions shall be taken to prevent cross-contamination (animal feed to human food, .etc. ) among the various types of inerchandise which are salvageable or salvaged. �� i�4 �� Subd. l. Reconditioning of Distressed Merchandise. (a) Al1 salvaged metal cans of distressed food offered for distribution or sale shall be essentially free from rust (pitting) and dents whi�h affect the integrity of the can (especially at rim, end double seams and/or side seams) . Leakers, springers, flippers, and swells shall be deemed unfit for sale or distribution. Containers, including plastic, metal and glass containers with press caps, screw caps, pull rings or other types of openings which have been in cQntact with water, liquid foam, smoke, or other deleterious substances, as a result of fire fighting efforts, flood, sewer backups or similar mishaps, shall be deemed unfit for sale or distri- bution, i.e. , nonsalvageable merchandise, except that consideration may be given to recondition spirits by distillation where feasible. (b) All salvageable metal containers of distressed food, other than those mentioned in (a) above, whose integrity has not been compromised and whose integrity .r1��.3d ! _ -14- would not be compromised by the reconditioning, and : which have been partially or totally submerged in water, liquid foam, or other deleterious substances as the result of flood, fire, sewer backup or other reasons shall, after thorough cleaning be subjected to a sanitizing rinse of a concentration of 100 ppm available chlorine for a minimum period of one minute, or shall be sanitized by another method approved by the Public Health Services Manager. The containers shall subsequently be treated to inhibit rust formation. Subd. 2. Label Removal. Any cans or tins showing surface rust shall have labels removed, the outer surface cleaned by buffing, a protective coating applied where necessary, and shall be relabeled. Re- labeling of other salvaged nonmetal (glass, plastic, etc. ) containers shall be required when original - labels are missing or illegible. Subd. 3. Relabeling. Al1 salvaged merchandise , shall be labeled to indicate that the merchandise has been salvaged. All salvaged merchandise in containers shall be provided with labels meeting the requirements of the Minnesota Btate Department of Agriculture, and the Federal Food, Drug and Cosmetic Act, Fair Packaging and Labeling Act, and regulations promulgated under those Acts for products in inter- state commerce. Where original labels are removed from containers which are to be resold or redistrib- uted, the replacement labels must satisfy all, the labeling requirements of this section. � ��{; �.�i5 Subd. 1. Handling of Nonsalvageable Merchandise. Foods contaminated and/or adulterated by pesticides or other chemicals, potentially hazardous foods (food requiring refrigeration) which have been � � �r�� -15- t exposed to a temperature above 40°F. (4°C) for a ; period exceeding 4 hours; foods found unfit for salvage on examination shall be deemed nonsalvage- able. Foods packaged in paper or other go�ous materials which have been subjected to contamination may be deemed to be nonsalvageable merchandise, as defined in XXX. Ol Subdivision 2 (d) of this ordinance. Frozen foods which have thawed shall be considered nonsalvageable. Subd. 2 . Distribution of Nonsalvageable Merchandise. Nonsalvageable merchandise shall not be sold or distributed as food, or animal feed but shall be disposed of in a manner approved by and under the supervisor of the Public Health Services Manager. / � �� l�16 Retaining-Condemning. � (a) The Public Health Services Manager or his authorized agent may attach a "Retained" tag or issue a written notice of retaining and thereby retain any food, clothing, equipment, utensil or thing which by reason of origin, dirt, filth, extraneous matter, insects, vermin, temperature, corrosion, open seams, dented seams, chipped or cracked surfaces, may be unfit for use. The Public Health Services Manager or his authorized agent shall record the tag number, kind and amount of item retained. The tag shall accompany the re- tained item at all times. If upon final inspection the item is approved, the tag shall be removed by the Public Health Services Manager or his authorized agent. (b) The Public Health Services Manager or his authorized agent may attach a "Condemn" tag to food and food products which are not salvageable. When food is condemned, the original mark, stamp or label thereon shall be removed or defaced and d • . �.r��' i -16- a "Condemn" tag attached to the food or food product. The tag shall accompany this food until its ultimate � disposal. The Public Health Services Manager shall cause the removal of the "Condemn" tag upon final disposition. (c) In all other instances of violation of the provisions of this ordinance, the Public Health Services Manager or his agent shall serve upon the holder of the license a written notice specifying the violation (s) in question and afford the holder a ` /� reasonable opportunity to correct same. �l�� .17 Rules ancl Regulations. The Public Health Services Manager may ma e such rules and regulations as are reason- ably necessary for the safe and sanitary operation of food . salvage processing plants. Such rules and regulations shall be effective when filed in the office of the City Clerk and amendments thereof shall be effective twenty (20) days after being so filed. Violations of such regulations shall be sufficient grounds for revocation or suspension of any license issued pursuant to this ordinance. �'I� �`�� . . 18 Revocation or Suspension of Licenses. For serious or repeate vio ations o any o t e requirements of this ordinance, or for interference with the Public Health Services Manager or his agent in the performance of his duties, the license may be revoked or suspended after an opportunity for hearing has been provided by the City Council. Prior to such action, the Division of License and Permit Administration shall notify the License holder, in writing, stating the reasons for which the license is subject to revocation or suspension. WMITE - CITY CLERK ` PINK - FINANCE � COl1flC1I �/ Ob � ! ; }UE RY - MAYOR MENT G I TY O F SA I �TT NA IT L File N O. . � - Ordin�nce � ' Ordinance N�. Presented By Referred To Committee: Date Out of Committee By Date -17- Section 2 . This ordinance shall take effect and be in force thirty (30) days from and after .its passage, approval and publication. , COUNC[LMEN Yeas Nays Requested by Department of: Hunt Levine In FaVOt Maddox McMahon Showalter /�g81 R S t � Tedesco • wlson Form Approved i tor Adopted by Council: Date Certified Passed by Council Secretary BY BY � Approved by Mayor: Date Ap e by y r f r ub� ��sion to Council � By r., ., BY -- -- _-- . • _ : �'�� o� o�= Z�.s�s, Rav. : 9/S/76 �' E�';!IQN OF AIIMINISTRATItiE ORDE�S, j � �► L?S�LRTIC�iiS, AND ORDIN�7CES , . • �� , �� Dat�: M�dreh 24, 1981 ' � `� `' ' ' , � yS' . 1981 � . ,� �c�� T0: MAYOR GEORGE T.�iT� �� ; . . . . . . . • �f . � . . � _ FZ: Paul J. Cox, D.V.M., Director of Environmental Health ; . 1�: Proposed Food Salvage Processor Ordinance � , . _ • ,_� ,' � AC='?'ON Lt�J'"r.5'�D: : '�-�:.: _.._... . .--'` . . Submission to City �ou�ci I for passage -' RECEIdED - ' � DIVISIQN OF LICENSE AND PERMIT ADMINISTRATION `� . . .; _ . , - . - . .. . . ___ I��AR 3 01981 � . ' � : DEPARTMENT OF FINANCE � AND` MANAGEME�IT SERVtC£: POR.FO�`.ANU. RATION1Zc rOR TBIS ACTION: , .�.��w....��.�..��.�. .�...� ......�..� ....��.�..�� In Saint Pau)• there are now five food satvage processors which cre �icensal- . cs: grocery stores: This ordinance is adapted from an fDA modet ordinance. ; , �• The ordinance provides for licensure and operational gvidetines for salvage- - operabrs. � , ' . . ` _ : , : . � 1TTAG�M..�'N�S: • . Approval from Edward R. Eberhardt, Public Health Services AAanvger � Justification for passage of :the proposed ordinance. � � CopY of the proposed ordinance. \ � ; , _.� . � _ _ � , � lst '� .��-"�� 2nd � ��' �� ;- . , % 3rd �� a�3` 0 I Adopted ��L>� -�� Yeas � `� � ?Nay�I � . HUNT LEVINE ��`}V�� . � McMAHON � SHOWALTER f �� TEDESCO , WILS ON PRESIDENT (MADDOX) . , � i - I <._ . ,_ ,' ��:`�'"'ti'