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239226 J � � '' � � Oriainal Ctty Clerk ' _ , r- v�� �� ,; �- ORDINANCE rt , i �. - r� '• + � ` COUNCIL FILE NO � �°z� PRESENTED BY � ORDINANCE NO � — An ordinance regulating the processing, dis- tribution a.nd sale of food and providing for , the licensing of persons engaged in business ` .� pertaining thereto, amending Chapter 291 and � repealing Chapters� 292, 294, 295, • 296, • 297, . 298, 299,� 300, 301, 302, 303, 373, 379, and 382 and repealing Sections 265.40 through 265.47 inclusive of the Saint Paul Legislative Code. �� THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: " Section l. That Chapter 291 of the Saint Paul Legislative Code be ,and the same is hereby amended to read as follows: � 291.01 ' LICENSES. �-- �.. /; ' � � F c,� _ , c`�'`L" � , Subd. 1 (a) LICENSE REQUIRED. It shall be unl�awful for any . person to operate a�food establishment as defined in Section 291.03 � within the corporate limits of the City of St. PauT for the purpose • ' �- of dealing in or selling food for human consumption without first � obtaining a license to do so. This chapter shall not apply to the � public market or to Chapters 286 and 287 dealing with milk and milk ' products. r � , . . _ �, .-.� -__ _ _. .. . - _ „:�� � , (b) Any person operating a food estal�lishment within the City � - of St. `Paul must obtain a license of the applicable type hereinafter � provided. The licenses and annual minimum fees shall be as follows: � 11Class A Grocery: � � �Al Grocery �only . . . . . . . . . . . . . . $ 45.00 � f A2 Grocery, frozen foods and/or butcher . . 90.00 � � A3 Grocery, confectionery, frozen foods ' � ' and/or butcher . . . . . . . . . . . . . 135.00 �1Class B Bakery, outlet for bakery products, � �� - � butcher, caterer; confectionery store, food distributor, manufacturer, � processor, � ' wholesaler and warehouser. . . . . . . . 45.00 - ' �, - - � . . , . , _ , , � � � Yeas Councilmen Nays f Passed by the Council � � j Carlson � ! ' Dalglish � • ' r , Meredith � � Tn Favor _ Peterson � ' Sprafka Against � Tedesco , ' � Mr: President (Byrne) � Approved: � ' , Attest: ' , ,' - . City Clerk Mayor :� ' �O � . • _ Form approved Corporation Counsel By, ' � I �• , , , , � � � � , . ► , , . � • , � } . • � . . • ,_`�'=.�, ; . (.7 2, � f Class C Restaurant: ' / ,, C1 Food establishment selling and . � serving only sandwiches and short - - ' ; orders . . . . . . . . . . . ". . . . . . $ 45.00 . - C2 Food establishment selling and � � � � serving meals. . . . . . . . . . . . . . 45.00 " , � � C3 Drive-In Restaurant. . . . . . , . . , . `� 80.00 � i�,� _ , ,h i . i - r�-• �� r� k w�.�'� 'V�� - ... .. • •- I = �+ Class D Food establishment other than those � � , covered under Class A, B and C selling� . � " only foods bought prepackaged or in ; ' �' , . original containers and sold at retail ' ; : . , � for consumption off the premises . . . . 10.00 ' ; .r,. ; � Class E Beverage manufacturer or wholesale � � ' - � distributor. . . . . . . . . . . . . . . 75.00 , � Class F Ice Plant. . . . . . . . . . . . . . . . 75.00 � , . Class G Itinerant Food Establishment . . . . . . 25.00 � - � - - • - - ; Class H Slaughter House. . . . . . . . . . . . , 300.00 � Class I Vending Machine Location (as provided in Chapter 337) . . ., _ S Class J Vending Machi.ne Operator (as provided in Chapter 337) ' Class K Food Vehicle used in connection with - � . , , __ any other class license. . . . . . . . . �00 . • -'--�-- � -- - -_--' - , - - F (c) In addition to the annual license fee as provided in (b);� ! _ each licensee shall pay an annual fee determined by the area used � for selling, processing, packaging, serving �and cold storage used ' in connection with the business carried on at the gremises as � follows: ' I . � (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 ' - 2,5�0 squ�are feet, the sum of $5.00. _ � �. � .. , . (3) Area of 2,500 square feet but less than 5,000 square � .-�� � ,.,� • feet, �the� sum of $15.00. (4) Area of 5, 000 _square feet, but less than 7,500 square : � ,- feet, the sum of $35.00. . _f- A . , -.�-�_. " � • (5) Area of more than 7,500 square feet, but less than , �Y10',000 square feet, the sum of $55.00. . • •-.�` , � , --� (6) Ar•ea of more than 10,d00 square feet, the sum 'of • ' � - $100.00. . ` , .�.x � . ' � j , ( � .-.- ., - - - -- � - -- -._ �_ .-- --- - . ..�._ . ..__ __ ,... _..�___ .__�....,._,.--- -=`�� --- � _._�-.-- . ..----� --- .___. _=.���_i�-�.�.._...._...:...�.__._-�_..::��� - l� -- --- _ . ._.. ._� -- —_-` .�..m�. , ' t. , ��.�-�- . _ , . .��s. , . . , . � � . , ,. -� : � . , ' ;>. • � a � � ,f � � � . - • � 'd, _ .j, . ' . r� / � ! x., � . i . `` �.J 3. ' (d) Nothing in this chapter shall affect licensing procedures � covered elsewhere in the Legislative Code except as specifically � provided. � ' � Subd. 2, SHORT,TERM PEP.MITS. Permits for the sale of food for a period of less than 14 consecutive days at comnunity cele- . , brations, fairs, church suppers, and other similar occasions may � . , be issued without fee upon application to the City Health Officer - at least 14 days before the event. ` . .. The operation of an itinerant food establishment must be in conformity with the provisions of this ordinance. � Subd. 3. APPLICATION. Any person desiring a �ood' license shall file with the �,icense Inspector of the City of St. Paul a written �application to the City Council for such a license, giving , in the application the full name and place of residence of the ; applicant, the exact location of the building or buildings, the � part of the buildi�g, including the area in square feet, intended to be used in the conduct of the business and under such license, � and whether or not he has at any previous time been engaged in a food handling business within the City of 5t. Paul and, if so, when and where. ' The applicant shall state in the application tne nature of , the business to be conducted. If he proposes to operate more than � one sucli business, he shall so state in his application and shall describe the part or portion of the building or place wherein he � � proposes to conduct each of the businesses. ._..._._. r.�- , ..r-. -----�=-�-w_ —::.-`-''--- -�_ ,= _._ ,.....� :- • - � � _ .-� .,_.;. . . _ ," . . ._ .� . Said application shall be signed by the applicant in person " � � � and, when received by the License inspector, "shall be placed on � file by him. The name� of the �applicant sliall be registered by the _ �,icense inspector in a book of registration, to be kept in the . office of said License �nspector. The �,icense �nspector sha1T` not I receive the application or register the name of the applicant un- less the applicazion is accompanied by a receipt from the City ; Clerk. The City Clerk shall not accept the fee on new applications ' unless approved by the Health Officer. : Subd. 4. DETERMINATION OF AREA. The following areas shall � be used for the purpose of fixing the license fee to be paid: all " areas used for selling, processing, packaging, serving, and cold , storage used in conn.ection with the business carried on at the premises. ` � I , - J ~- '.-`r r.�- Subd. 5. INSPECTION BY HEaLTH OFFICER. A copy of all food � ' - license �applications shall be referred to the Health Officer or•� � his authorized agent for review. After the report and recommenda- � tion of the Health Officer have been received by the City Council, ; , ' it may then grant or deny such application. . Subd. 6. SINGLE FEE FOR MANUFACTURER AND DISTRIBUTOR. If � the applican� is both a food m�nufacturer and distributor and is � manufacturing and distributing the same product or products from f � � V • � • � ^` � � __—�:'._...�.. -. - . � .- __' _. _ _ ..�. .�-. -�r�-. �� -�.��.-...-.�.�..'-.���-.� .._"_ _ _n - ' �t ` . 3` �. • 1. �^�-T . . �a . - � ___�__. _� _ � " _ � _ . _."__ . " __"._... ... ... _ . _. .�____ _._... . � . _. _. _ ____ . . .__ . ."_ "h_ __ . , � . � �� . . d . � � : . 4. . i , one place of business, he need obtain only a manufacturing license ; . � for both types of business and pay one fee therefor. , ,• . � Subd. 7. MANUFACTURER OR DISTRIBUTOR INCLUDES WHOLESALE AND • - RETAIL. A duly issued license for a food manufacturer or distrib- utor shall authorize the licensee to conduct either- a wholesale or � retail business at the •same establishment and for the sale of the 4 same product or products. - .. _ . Stzbd. 8. POSTING OF LICENSE. Each licensee shall keep his license prominently posted on the premises. • Subd. 9. REFUND OF FEE. If the application for the license � is not granted, the applicant shall be refunded the fees paid by him, less $10.00 for processing the application. Subd. 10. EXPIRATION OF LICENSE. Each license granted under , . this chapter shall expire one year from date of issuance. Subd. 11. REVOCATION FOR VIOLATION. Any violation of Chap- ter 291.00 shall be grounds for revocation of license on the prem- ises where the violation occurred. ' ; ;;�,•;;';' " Subd. 12. DISORDERLY OPERATION. The conduct of any food ` establishment in a disorderly manner or permitting any immoral conduct or practices therein or the violation of any of the rules or regulations of the Bureau of Health, Bureau of Fire Protection or Bureau of Police or any other City agency, shall be sufficient ` cause for the refusal of license or the revocation of any license already issued'��o the keeper or owner thereof. .... , �_ _ -- - - ---- - - -- -- -- - - �� � - _.�. � Subd. 13. BAKERY AND BAKERY OUTLETS . Bakeries and bakery outlets shall comply with the rules and regulations promulgated . by the State of Minnesota Commissioner of Agriculture. � 291.02 FOOD HANDLER'S CERTIFICATES. The Health Officer may require the licensee or his agent to , � obtain a Food Handler' s Certificate. A food handler' s certifi- - • � cate may� be issued to the licensee or his agent of a food estab- ' lishment who has satisfactorily completed a food handler' s course � o�fered by the Bureau of Health or a similar course acceptable to the Health Officer. There shall be no fee for the food handler' s course or certificate. ` , 291.03 DEFINITIONS. � + ' „'" � The following definitions and terms shall apply in the inter- ! pretation and enforcement of this ordinance. ' ADULTERATED FOOD is any food which consists in whole or in � part of any filthy, putrid, decayed or decomposed subst.ance, � vermin or vermin parts, or cahich consists in whole or in part of � the product of a diseased animal or of an animal which has died - by accident or other than by slaughter, if the food is in contact � . � ----. T._. _ _. _ _ . � _ _ _. ----___..____._.___._. _._ _ ___..__.__�._�_��___._,__.. , _ ___.. _ _---- �,-. : • ,� • ' � �/ k � (J • � ` . . E 5. I { with a container which is composed in whole or in part of any poi- 1 � . sonous or deleterious substance, if it contains or bears any add�d � poisonous or deleterious substance for which no safe tolerance has , ` ` been established by any Federal, State, or local law or regulation or is in excess of such tolerance if one has been established, if it has been processed, prepared, packed, or "held under unsanitary � conditions whereby it may have been rendered injurious to health. � ': ANIMAL shall include any mammal, fowl, fish, crustacean, mol- lusk, or any other animal used as a source of human food. � APPROVED shall mean acceptable to the Health Officer or his authorized agent following his determination as to conformance with , the provisions of this ordinance. - � BOARDING HOUSE means every building, structure, enclosure, or � any part thereof used as, maintained, advertised as, or held out . to be an enclosure where meals or luncheons are� furnished to five or more boarders for periods of one week or more. , � � CATERER shall mean any person, firm or corporation engaged in ' the business of providing, preparing, and serving food to individ- ual persons or groups of persons at any place in the city other . ' than a restaurant licensed under this Chapter of the St. Paul Leg- islative Code. ` ' CLEAN shall mean free from physical, chemical, or microbial substance discernible by o'rdinary__sight ,or _touch,_ by ultraviole,t . �- - �_. _ ' Rli:ght, by artificial light, by the safranine-talc �dye"�test "or any " `other test approved by the Health Officer, and free from insects, other vermin, and debris. . CLOSED shall mean fitted together snugly, leaving no opening � large enough to permit the entrance of vermin. � - � i CORROSION RESISTANT MATERIAL shall mean material which main- i tains its original surface characteristics under� prolonged and re- r peated influence of the food, cleaning compounds, and sanitizing ` solutions with which it may come in contact. : EASILY CLEANABLE shall mean readily accessible and of such ' inaterial and finish, and so fabricated and placed that residue which may accumulate can be completely removed by normal cleaning methods. ,;-i.----�=---�--•'_-='... • , � - _ i EQUTPMENT shall mean such as, but not restricted to, all ` . ranges and ovens, hoods, meat blocks, tables, counters, refriger- � � ators, sinks, dishwashing machines, and� steam tables, but shall � not include utensils used in the o�serations of a food establish- . ment. FOOD shall mean any raw, .cooked, or processed edible sub- stance, beverage, or ingredient, including ice and water, intended for use or for sale, in the whole or in part, for human consump- ; tion. • • � � ' . � �, ; � - � I , I • ' I � ( '.�.� .__ .. . _ . _ __._---_--._._�_�_.�__ ..-_.. ._ ______...., -- T- . . . ' - --- ��-- - ' _. � � f I . 6 � � . � FOOD CONTACT SURFACES are those surfaces of equipment and utensils with which food normally comes in contact and those sur-- faces with which food may come in contact or which drain onto sur- • , faces normally in contact with food. • ; I FOOD DISTRIBUTOR is any person engaged in distributing food manufactured by others or by himself. . � FOOD ESTABLISHMENT shall mean any building, room, stand, en- = closure, vehicle, space, area, boarding house, or other place � : wherein food is stored, prepared, manufactured, processed, wrapped, ' ; • canned, packed, bottled, distributed, offered for sale, or served, with or without charge. FOOD MANUFACTURER is any person engaged in the manufacture, compounding, intermixing, packaging, or preparing of food for � human consumption. ; _ � FROZEN FOODS shall include, but shall not be limited to, ice , cream, frozen custard, ice milk, fruit ice or ice sherbet, frozen malted milk, frozen milk shakes, French ice cream and French cus- � tard ice cream; or any other food preserved by freezing and which . is served, sold, stored, or transported in the frozen state. : HEALTH OFFICER shall mean the Health Officer of the St. paul Bureau of Health. _ HOME PREPARED FOOD shall mean any food which has been manu- factvxed, processed, or prepared in a private home. ' _�� _ �. .. --- � ---- .--- -- --� - - _ - - -- • ,_._,_� � ,._.� ITINERANT FOOD ESTABLISHI�SENT shall mean a food establishment operating for a .temporary period of less than 1.4 days, including, but not limited to, a fair, carnival, circus, or public exhibition. KITCHENWARE shall mean all utensils other than tableware •used � in the storage, preparation, conveying, or serving,.of food. . � . , PERISHABLE FOOD shall mean any food or such type or in such + condition as may spoil. PREPACKAGED FOOD is clean, unadulterated, wholesome food packaged in a substantial, clean container or wrapper in an ap- : proved food establishment. . READILY PERISHABLE FOOD shall mean any perishable food con- , sisting in the whole or in part of milk, milk products, eggs, meat, . fish, poultry, the��carcass of any animal, or any other food capable , ; of supporting rapid and progressive growth of microorganisms which can cause food poisoning. �__� .�- _� _... . -.:,,.--- - =,.z____ .�..�:_� -- -- - -- - .,,.�-...�-...�.,:-=- - ' SANITIZE means effective bactericidal treatment to clean sur- � faces of equipment and multiuse utensils by a process which has , been approved by the Health Officer or his authorized agent as .being (a) effective in destroying microorganisms, including path- , ogens; (b) not injurious to the surfaces, and (c) not hazardous � to the health of the food consumer or to the user of the sanitizing � agent. � , , ._-,. .�. - - _ - - , --, -- --- - -- - -- --._,_�_.____�._._. ._.._______.___.�_.. _.._ . �, . � � i ._ - . __ .�_._ . . _x _ -_...-_..._ ._...:.�_ _ --------_�-=- �---.._.._.___.._..__� -- - -- - � � �. i SEALED shall mean free of cracks or other openings which per- E mit the entry or passage of moisture. ! SINGLE SERVICE ARTICLES include cups, containers, lids or ' ' closures, plates, knives, forks, spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping material and all other simi- lar articles which are .constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials and which are intended by the manu- ' facturers and generally recognized by the public as being for one use only, then to be discarded. �'' �h . SMOOTH shall mean having an even surface free of cracks, chips, � . open seams, rust, corrosion, breaks, pits, checks, and ridges. � t � TABLEWARE shall mean all multiuse eating and drinking uten- _ sils, in'cluding knives, forks and spoons. ` UTENSILS shall mean any kitchenware and tableware used in stor- age, preparation, conveying or serving food. ` , VENDING MACHINE shall mean any automatic self-service device which, upon the insertion of a coin, coins, or tokens, dispenses unit servings of food or beverage either in bulk or packages with- out the necessity of replenishing the device between each vending operation. � WHOLESOME shall mean sound, healthful, clean, free from adul- teration and in all ways fit for human food. . ' 291.04 SOURCES OF FOOD. � ' ' ��� - � Subd. 1. FOOD SUPPLIES. All food in food establishments ' shall be from sources approved or considered satisfactory by the - Health Officer or his authorized agent and shall be clean, whole- some, properly labeled, and safe for human cbnsumption. No her- metically sealed, nonacid and low-acid food which has been pro- � cessed in a place other than a commercial food� processing estab- lishment shall be used. Food shall have been protected from contamination �nd spoilage during subsequent handling, packaging, and storage, and while in transit. Subd. 2. HOME PREPARED FOODS PROHIBITED. No home• •prepared foods shall be kept or used in any food establishment. � i Subd. 3. SOURCES OF DAIRY PRODUCTS. Milk and fluid milk products shall be Grade "A" as defined in Chapter 286 of the St. . . Paul Legislative Code and shall be served to the consumer in the individual unopened original containers in which they were re- � ceived from the distributor, or served from a bulk container �equipped with a sanitary dispensing devide; provided, however, that cream, whipped cream, or "half and half" may be poured from an open original container or from an approved dispenser 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 _ _ . .. . _ . _ . , .. . .--- - - __ _ --- --- ---------------__.._.__..,..�__..-- --- •- �-: - � ��_ �- - - ---- -- - � • 4 ' � . . � • ' I I 1 . �. Y I requiring less than one half pint of milk may be poured from one � � . quart or two quart containers packaged at a milk plant. The dip- � ping or ladling of milk is prohibited except for immediate cooking , ' purposes. This section shall not apply to manufacturing or pro- cessing food establishments which make retail or direct sales, or � consumers. . ' , Subd. 4. SOURCES OF, SHELLFISH. No person shall have or keep � in any food establishment any oysters, clams, mussels, or other shellfish from a source which is not listed on the current list of State Certified Shippers, issued by the United States Public Health = Service, and such approval shall be evidenced by an official stamp on the original container. Shucked shellfish shall be kept in the � original container until used. Oysters, clams, mussels, and other � shellfish, if served on the shell, shall be served in the original ' �shell. • . i Subd. 5. SOURCES OF FROZEN DAIRY FOODS. All frozen dairy foods shall be from approved sources and shall meet applicable • state laws, rules, 'and regulations. ` Subd. 6. `SOURCES OF NlEAT AND POULTRY. It shall be unlawful for any person to sell or to have in possession for' the purpose of ' sale, within the corporate limits of the City of St. Paul, the . carcass of any animal, or products containing the parts of a car- cass of any animal; unless, � -= - - - - - - •-- ---- -----�� --�-�-�.�. r- ; , .. ti..,...-- (a) it shall have been slaughtered, processed, and inspected , in an establishment licensed by and operating under the provisions , of the Act of Congress relating to the Federal inspection of ineat " and meat products or licensed by and operating under the "Poultry Products Inspection Act of 1957" ; or unless . T (b) it shall have been slaughtered, processed, and inspected " in accordance with the laws of a state, or a governmental subdivi- ; sion thereof, which is approved by the Health Officer of the City of St. Paul. The Health Officer may approve any such source if the � laws •under which it is operating are substantially equivalent to ' those of this chapter and are enforced with equal effectiveness by . � , an agency of t�ie state or a governmental subdivision. _ � �—:�, . .. .r- ., ..---.�:-., � � ; �- 291.05 PACKAGING. _ Subd. l. LAB�LING. Food manufacturers or processors licensed � by the City of St. Paul shall comply with the labeling rul.es and , regulations promulgated by the State Commissioner of Agriculture. Subd. 2. NEWSPRINT PROHIBITED. It shall be unlawful to wrap ' - or pack food in newsprint. • - � . ' Subd. 3. SINGLE SERVICE PACKAGES. Single service wrapping, � packages, or containers shall not be re-used tor storing, trans- � porting, or serving food. . � p i �`t.�. ,,. "'�'""' ' "'.. ... " "" ._ ��a. � _ — _'—'__.. .. ' '"_ _ _ f r 91 � � 291.06 WATER SUPPLY. � - f' Subd. 1. SAFE WATER AND SAFE WATER SUPPLY. 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. - � � - - ` Subd. 2. S4ATER SOURCES. All water sha1T be drawn from the municipal water system; provided, however, a water supply located • on the premises may be used if the water quality, well location, and well construction conform to the standards of the Minnesota � State Board of Health or are approved by the Health Officer or his ' authorized agent. 1 . Subd. 3. 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 St. Paul and any other source of water.. ' . Subd.� 4. FILLING, TRANSPORTING, AND DISPENSING WATER FROM CONTAINERS. Water used for drinking purposes, which is not dis- , pensed through the water supply pipes of the plumbing system,• F shall be safe water from �."�safe water supply and shall be placed in an approved container, transported, and dispensed in a sanitary manner. ; , �, . _ . _ _ : �- -- - - -� Subd. 5. WATER ANL ICE. All ice shall be manufactured only - from safe water which has been obtained from a safe water supply. Ice manufacturing equipment shall be of approved construction, and � shall be operated and maintained in a clean and sanitary manner. � Ice shall be packaged, stored, and transported under sanitary con- �- � ditions. 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 shall be of such type as to be easily cleanable. They shall be maintained in a clean condition and shall be subject to bactericidai treatment and shall be covered when not in use. 291.07 FOOD PROTECTION. . Subd. 1. PROTECTION FROM OUTSIDE CONTAMINATION. During and � after delivery and while being stored, prepared, displayed, served, ' � or sold in food establishments or transported between such estab- _ : , lishments, all foods shall be adequately protected against contami- nation from 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. Protection of displayed foods shall be accom- plished by covers, glass or plastic shelf plates, counter guards or sneeze guards and may consist of a combination of protective devices approved by the Health Officer or his authorized agent. ' s � --. __..� -_ -_ - - - -• --- -- .---- --- . ._._. ._.._ ._._____. _ _. �.�___^_�._.. ._...__...---- - - R- � . �� . . . _ . � " , 10. � 5ubd. 2. TEMPERATURE OF READILY PERISHABLE FOOD. The tem- . perature of reac�ily perishable food, during storage, shall be 40° F. or lower, or 1S0° F. or higher, except during necessary preparation. and serving. Foods served cold shall be displayed in or on a re- ' frigerated facility which can reduce to and maintain the product temperature at 45° F. or below. These temperatures do not apply to those foods stored in approved vending machines. A temperature variation of 5° F. in refrigerated display cases is permitted during t times of ineal service, but not to exceed four hours. All readily � perishable frozen food shall be thawed� at refrigerator temperatures, ; or under cold running tap water from an approved source, or quick- � thawed as a part of the cooking process. , Subd. 3. FRUITS AND VEGETABLES. Ra�v fruits and vegetables -`�� shall be thoroughly washed with safe water before use. � XSubd. RE-SERVING INDIVIDUAL PORTIONS PROHIBITED. Individual � portions of food, once served, shall not be served again, except � that wrapped food which has not been unwrapped and which is whole- � some may be re-served.-� , • Subd. 5. TEMPERATURE DURING TRANSPORTATION. The product temperature of readily perishable food shall be maintained at 45° • F. or lower, or 150° F. or higher and protected from contamination � during transportation from one location to another by food cart, , truck, or catering service as the case may be, except that the temperature requirements shall not apply to trucks used in the delivEry of food- stuffs by retail grocers and retail meat dealers - to homes of their,,customers,• _ . g ��[+� � ��• " • _u-.._.--�.._r�. _��.�'�.=i+.if=cf '�•-,- '_'�.� _' � -.�'��.r.. , ,- : r..�-.�_� � „� • -• - ,_ Y'3._, �� � � . _ •�^ ., r � �. r.. �•M1�.G w_ i� .. .. � Subd. 6. FOOD STOR.AGE. . No food shall be stored at any time in an area not having proper drainage, or under improperly protected waste or sewer lines, or where condensation may fall, drip' or come - in contact with such articles. Food shall be stored on racks �ar ' similar devices which will prevent the food containers from coming in direct contact with the floor. Shelves, pallets, racks and : similar devices shall be so constructed that the areas underneath them are easily accessible -for cleaning. , Subd. 7. FOOD HANDLING. All food shall be handled and served in such a manner as to minimize the opportunities of contamination. Sugar, crackers, and condiments shall be served only in dispensers, ' containers, or wrapped packages for individual service acceptable � to the Health Officer or his authorized agent. _ Subd. 8. 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 a manner and under such conditions as will not con- taminate food or constitute any other hazard to man. � _ . �._ _...rr._.-._� --�--+.-�'-= ---- � _•._ �-- - "� .� ..._.._- ----�---�.-- - . � � Subd. • 9: GAME ANIMALS. It shall be unlawful for - any person to process in an establishment, within the corporate limits of the . � _ ., __._ ._ ,. . - - - -.. - -�--... ._ . _ .._.__.__._._ .�__�_.. _—.._.._._.._.._._ _ _�-_..___.__._-.------ �-. ^____—a--,— • . _ �,.,r..-rT�—..�._.---�—-.�___---�---��— �.. .�._--' � .—,�„_ "' _ _.�_�_..r -.a- _,s� . , ... - • j . • . • � I 1 1 1• City 'of St. paul, any game animals except in accordance with the ' following provisions: � , ; (a) The animal hide or feathers must be completely removed before the carcass or parts of a carcass can be stored in a re- . frigerator, freezer, or walk-in cooler that contains any other . product edible by humans. '• (b) The carcass or parts of a carcass of a game animal must be stored so as not to come in contac� with any other products edible by humans. � (c) A metal container with a tight fitting metal cover must � be used for the storage of hides, offal, and� feathers. � This con- tainer is not to be stored in any refrigerator, freezer, or walk-in . cooler where any other edible product is stored. ' � (d) When an establishment receives game animals, or the � carcass or parts of a carcass of game animals, a report must be ,, made to the Health Officer of the City of St. Paul identifying the ' ' animal. and describing how it will be processed. � . (e) Every piece of equipment and all utensils and tools used in the processing of game animals must be thoroughly cleaned and � sanitized before being re-used on any other edible product. : Subd. 10. REGULATIONS FOR TRAN5PORTING MEAT: . '' 4 — r��r-� "� ^ ..� , �....�� Y..t.'...�_+k"...r..' .-.h� r-+�r�� :.��ti.a�.. _. ..� • (a) The meat compartment of all vehicles which are used for T = � transporting meat must be completely enclosed and have floors, �`' �-� walls, and ceilings which are constructed of smooth, impervious, _ � tight fitting material that is designed to facilitate cleaning. � . (b) The product temperature of ineat and meat products shall ` be maintained at 45° F. or less at all times. except as stated 'in Subd. 5. . _ , (c) Meat which is not wrapped mu'st be properly hung on hooks or stacked on clean, smooth racks. (d) Al1 unwrapped meat, including beef quarters, must be properly segregated and protected from contamination by other items such as slack barrels, cartons, packages or cans. (e) Unwrapped meat or meat products shall not be allowed to � come in contact with the floor or tailgate surface of a vehicle. - ' �� - � -- = � - (f) Al1 meat and meat products must be securely wrapped or packaged if lugged or carried from a vehicle to a destiriation which , necessitates carrying the product exposed to the elements outside of buildings, over public sidewalks; streets or alleys, or through the customer area of a retail or wholesale market. (g) Any vehicle which is used for transporting meat must be kept in proper sanitary condition at all times when so used and must be thoroughly cleaned after each daily operation. -____�_..._ -- . . . . - -- ----- - .- ^----°--..�..._---__.__..______._____ �..-__ . �._...- --- k- � -- - -�_._,�--^ -°--- T-__ _�.. ._. _ .___ ._ ._ r i I . � • . • , . r ' � 12. _ • . . ...,_ - � . . , , . � 4 . � l 291.08 PERSONNEL. . � . _ . � r 5ubd, l. HEALTH AND DISEASE CONTROL. No person, while af- � fected with any disease in a communicable form, or while a carrier 1 of such disease, or while afflicted with boils, infected wounds, open sores, or an acute respiratory imfection, shall work in any � area of a food establishment in any capacity in which there is a likelihood of such person transmitting disease, and no licensee � of a food establishment shall �permit an employee known or suspected of being affected ��vith any disease to work in such areas. If the licensee or his manager has reason to suspect that an employee has ' contracted any disease in a communicable form, or has become a ' � carrier of such disease, he shall notify the Health Officer immedi- ately. . — Subd. 2. UNSANZTARY PRACTICES. No person shall engage in any practice which is unsanitary or which tends to be detrimental to the cleanliness and� sanitation of the food establishment or the health of the patrons thereof. Subd. 3. CLEANLINESS.•, All employees shall wear clean wash- able 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 necessary to remove soil and contami- . } nation from hands and nails. No employee shall resume work after visiting the toilet room without first washing his hands. All em- � '�t ployees engaged in food preparation or service shall wear hairnets, , headbands, caps, or other effective devices designed to prevent _ hair from contacting food or food •contact surfaces. . ' Subd. 4. TOBACCO. No person shall expectorate or use tobacco �, in any form in any area in which food is �prepared or served, or in any other area wh�re the use of tobacco may be detrimental to the sanitation• and cleanliness of the food establishment. This para- graph does not� prohibit the use of tobacco by customers in the dining areas of food service establishments. � . 291.09 PROCEDURE WHEN INFECTION IS SUSPECTED. When the Health Officer or his authorized agent has reasonable cause to suspect disease transmission from any food establishment employee, he shall �secure morbidity history of the suspected em- ployee or make any other investigation as may be indicated. The Health Officer or his authorized agent shall require any of the follo��ing measures: _ , (a) The immediate exclusion of the employee from all food " establishments. , f _ (b) The immediate closure of the food establishment until no further danger of disease outbreak exists. --- ,.._.�.. - -�_.� -,,�.� --_-.- _. _ . -- -�_ _ - - . ,...__ .__... - - - -- - -- --� --...�.---�---�-- --�- , -- - - �- . _ E � � . 13. � . _ , � (c) Restriction of the employee' s services to some area of � � the establishment where there would be no danger of his transmitting ' the disease. � � • (d) Adequate medical and laboratory examinations of the em- ployee or other employees, and of his or their body discharges, , ' 291.10 CLEANING AND BACTERICIDAL TREATMENT OF UTENSILS AND 1 EQUIPMENT. ' - . _ ' - ' � - ----- - -•• � - �- - - - �,- - -- .. � .__,Subd. 1. � GENERAL. All mul,tiuse eating and drinking utensils � shall be thoroughly cleaned and sanitized after each use. All kit- :chenware and food contact surfaces of equipment used in the prepara- 4 tion or serving of food or drink, and all multiuse food storage utensils, exclusive of cooking surfaces of equipment, shall be thor- - • oughly cleaned and sanitized after each use. Utensils, pans, casse- roles, and the like, which are used routinely for oven baking and , �� for no other purpose, shall not be required to be given a bacteri- ._. cidal treatment but utensils must be clean. Non-food contact sur- faces of equipment shall be cleaned at such intervals as necessary to keep them in a clean and sanitary condition. All ]�itchenware and food contact surfaces of equipment used in the preparation, , service, display, or storage of readily perishable food shall be sanitized prior to such use, and following any interruption of op- erations during which contamination of food contact surfaces is ; likely to have occurred. v�here equipment and utensils are used for preparation of potentially hazardous food on a continuous or pro- duction line basis, the food contact surfaces of such equipment , and utensils shall be cleaned and �sanitized at intervals throughout ' the day on a schedule approved by the Health Officer or his authorized �, ,�„-. agent. __ - .. _. _ . _.t,�.--- _ _. ...�. -- --- . - -----. . _._ . Subd. 2. SANITIZE--MANUAL 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° F. or for 1/2 minute in boiling water. A thermometer .accurate to plus � or minus two degrees Fahrenheit shall be kept in a convenient place near the facilities for checking the water temperature. Pouring or spraying water over washed�ensils or equipment is prohibited as a means of bactericidal treatment except in a spray cabinet or automatic dishwasher, i�Tater used for bactericidal treatment of utensils and equipment shall at all times during business hours be kept at a temperature of at least 170° F. and "at all other times while utensils and equipment are being washed and given bactericidal treatment. A three-compartment sink shal�I. be used, with the first compartment for washing, the second compartment for rinsing, and the , third compartment f`or immersion sanitizing in water at a temperatur'e.�" of at least 170� .F. The bactericidal compartment must be properly equipped with a heating unit or other means to maintain the speci- fied temperature while in use. Integral drain boards of su��icient size shall be provided at each end of the sink. � --• - --`� -- � . - , 1..*-�'----"' -- - �. _ _ . .___ - ,r.� �:.:�� - _..._ __ .. - �t � Subd. � 3. SANITIZE--bZANUAL CHE1�iICAL METHOD. All utensils and � equipment sh�ll be clean before being subjected .to bactericidal treatment by any chemical riethod. Tr�here chemical sanitizing is used, a three-compartment sink shall be required; the first com- -.- ------- . • - . � . . __ _ ____._._. __. __._.. .. ..__..__.---�_.�_.__..._._T.�___._...�_._..^--•_�. . . .. _._.. .�_. ;�. , , , , ., .,,;. , _ . �,w:::i . . ��;. - ' ' ' " � � � (� � � - , . F 1`�{ � � I � partment to be used for washing, the second for clear water rinsing, , � and the third shall be used for a bactericidal solution which shall be composed by one' of the following methods or other method approved � by the Health Officer: (a) Completely immersed in clean water con- � taining not less than 50 parts per�million of available chlorine if hypochlorites are used, or not less than 200 parts per million if chloramines are used, for not less' than two minutes at a solution � temperature of not less than 75° F. (b) Completely' immersed in � clean water containing not less than 122 parts per million of avail- able iodine in a solution having a pH mot higher than 5.0 for not • less than one minute at a solution temperature of not less than 75° � ' F. � Subd. 4. LARGE EQUIPNIENT AND UTENSILS. A two-compartment � sink shall be provided and used, except for utensils sanitized in ' " place, fpr pot, pan, and equipment �vashing and sanitizing. Each ' sink compartment shall be adequate in length, width, and depth to ' permit complete immersion of equipment and equipment component parts. Hot and cold water shall be provided to the sink so that either compartment can be supplied with water. Integral drain boards shall be provided on each end of the sink. The compartment used for� sanitizing must be equipped with a heating unit or other , means of maintaining a temperature of 170� F. or higher while the ' sink is being used except where the chemical method of sanitizing � is used. An approved thermometer, accurate to plus or minus two ' degrees Fahrenheit, must be available to routinely check the water � temperature. Bactericidal tr-0eatment shall consist of immersion of , the cleaned equipment, parts thereof, trays, pots, and pans for at _ � • �"least two minutes �in water o=� 170° F. or higher. V,�here any food ~ �j - establishment is using a three-compartment sink in conformity with ' the above specifications, the sink may also serve as a pot, pan, � and equipment sink. A two-compartment sink with �integral drain ' boards on both ends may be used in food establishments using com- • plete single service for its customers. t Subd. 5. MECHANICAL SPRAY TYPE WASHING AND BA.CTERICIDAL . TREATMENT. G�Then mechanical spray type washing operations are em- ployed, all multiuse utensils and equipment shall be prescraped, j � preflushed, and presoa]�ed. Al1 multiuse utensils and equipment washed by machine shall be racked or placed on conveyor belts in such a way that all food contact surfaces shall be thoroughly cov- ered by wash and rinse water sprays. Effective detergent concen- trations shall be used at all times. Wash water temperatures shall be at least 140° F. Flow pressure of rinse shall be maintained at � all times at not less than 15 or more than 25 pounds per square - ' inch in the water -line at the machine, and not less than 10 pounds ' per sguare__inch at �'the rinse .nozzles. A control valve may be _re- � ` qiiired and -pressure gauge shall be installed immediately upstream"'- from the final rinse sprays to permit adjustment of the flow pres- , sure. The temperatures of the final rinse water shall be at least 180° F. at the entrance of the rinse manifold while the dishes are ` , being rinsed. Thermometers which accurately indicate both rinse � and wash water temperatures shall be installed on all machines. Conveyors in, dishwashing machines shall be accurately timed to � assure' proper exposure times in wash and rinse cycles. Jets, ' nozzles, and all other parts of each machine shall be maintained r . t � � . " r f "` _:-:� ..._. _._._._.. ...__.. .�..._ ._. _.._...-_ - . .;. _:_ -.. r_. :.__..�. , .------------- - _�: - --- - -- - L i I 15. � free of chemical deposits, debris, and other soil. Automatic de- � tergent dispensers, if used, shall be kept in proper operating con- dition. � , I Subd. 6. OTHER METHODS. An other t e of machine device ` Y YP , . facility, or procedure may be approved by the Health Officer or his authorized agent fbr cleaning or sanitizing equipment and utensils if it can be readily established that such machine, de- vice, facility, or procedure will routinely render equipment and s utensils clean to sight and touch and �aill provide effective bac- � l tericidal treatment as demonstrated by an average standard plate ; count per utensil surface examined of not more thari 100 colonies. ' ' � 291.11 STOR.AGE OF UTENSILS AND EQUIPMENT. � � - � � Subd. 1. After bactericidal treatment, utensils and portable equipment shall be stored in a clean dry place and protected from ' �- flies, dust, splash, overhead leakage, condensation, and other con- tamination and shall be handled so as to prevent contamination. Wet cold storage of glasses or similar utensils is prohibited ex- cept with equipment specifically approved by the health Officer � for this use. All under counter utensil storage compartments less . than 18 inches from the floor shall be enclosed and the doors shall be kept closed. Enclosed automatic utensi]. elevators are accept- able. Facilities for the storage of silverware shall be provided , and shall be designed and maintained to present the utensil handle , to the employee:'or customer. Shelving shall be protected by smooth, easily cleanable, non-absorbent material. Ti�henever practicable, containers and utensils shall be covered or inverted. . . ,_ - _ -_. _� ..�, . , ��`-�--- - - _ _. - - -•:�-..:�.- -x - -_ I Subd. 2. HANDLING UTENSILS AND EQUIPMENT. Utensils and equipment shall not be handled by the surfaces which come in con- tact with food. Fingers sha11 not touch the rims of cups or glasses, the bowls of spoons, the tines of forks, or the blades of knives. Subd. 3. STORAGE--ICE CREAM DIPPERS. A running-water dipper- well, connected to a safe water supply and drained properly to the municipal sewage system,= snall be provided for ice cream dippers and scoops at all locations or stations where bulk ice cream or sherbet is dispensed. This requirement shall not apply in those situations where ice cream is being served at a temporary location. I� such cases, containers of water used for ice cream dippers and scoops shall have the water changed at least every 20 minutes. 291.I2 SEWAGE DISPOSAL. - - -- ---�'--- --- - - - . __.1-.. ---- -�,_ - _..,. ' All �vater carried sewage shall be disposed of by means of the public sewerage system of the City if such system is available. Tr�hen an individual sewage disposal system is used, it shall be � designed, located, and constructed in compliance with City codes - and standards of the State Board of Health; provided, however, � that food vehicles may dispose of their liquid waste into recep- tacles carried on the vehicle for that purpose. This waste shall be ultimately�discharged into a public se�oerage system or otherwise disposed of in a manner which will not endanger �any source of water supply, pollute any body of surface water, create a nuisance, or otherwise endanger the public health and safety, --- ----- - - - . .._ _ _ .. __ - - - -•-- _, ._.___-____.____._._.�._ .._..___._..._-_----- ---- �--- -- - - ' - - - - - - �. . i � 16. � � � 291.13 GARBAGE AND REFUSE STOR.AGE AND DISPOSAL. _ . . _ I All garbage and rubbish must be stored in leak-proof, non-ab- . j ' sorbent containers which shall be kept covered with tight fitting { lids. The containers need not be covered when stored in a special ' vermin-proof room or in a food waste refrigerator. All other rub- � _ � bish shall be stored in containers, rooms or areas in a manner ap- ; proved by t�-ie Health Officer. The rooms, areas, and containers ; used shall be adequate for the storage of all garbage and rubbish � accumulating on the premises between normal removal intervals. Adequate cleaning facilities shall be provided and each container, room or area shall be thoroughly cleaned after the emptying or re- moval of garbage and refuse. Garbage and refuse shall be disposed , of with sufficient frequency and in such a manner as to prevent a , nuisance. , ' , 291.14 INSECT AND RODENT CONTROL. ' Effective and approved measures must be taken to prevent the � entrance, breeding; or presence ot vermin within a food establish- ment. � ' 291.15 FLOORS. . Subd. •1. SURFACE MATERIAL. The floor surfaces in kitchens and in all other rooms and areas in which food or drink is pre- pared, manufactured, processed, or stored, o-r in which utensils are washed, garbage or refuse is stored, and in toilet rooms-, dress- ' ing or locker rooms, and in walk-in refrigerators, shall be con-� structed of smooth, non-absorbent, easil.y cleanable materials; pro- �vided; that the floors of areas used for the storage �of non=refrig- � """° � erated dry foods need not be non-absorbent. _ .�' Subd. 2. GREASE REST5TANT. The floor covering shall be grease " resistant in all areas where grease or fatty substances are no.�mally � used. 4 Subd. 3. RUGS AND CARPETS. These requirements do not pre- ; vent the use of rugs and carpets if they are kept clean and in good ' repair, in dining rooms and hallways. , Subd. 4. ABRASIVE STRIPS. Abrasive strips may also be used wherever deemed necessary to prevent accidents. � Subd. 5. FLOOR DR,AINS. Floor drains shall be provided in � f all areas where floors are subjected to flooding type cleaning or where normal operations release or discharge water or other liquid , wastes onto the floor. The floors in all these rooms shall be graded to trapped drains. These drains shall be provided with a � , reverse flow prevention device. .� ; -----•- -- _ . ... _ , Subd. 6. EXTERIOR AREAS. The walking and driving surfaces ot all exterior areas where food is served shall be kept clean, properly drained, and finished so as to facilitate maintenance " � and minimize' dust. • . : __�_. _ __ _ _ . . - -- - -- - -. ._ _ _ _ .-- -- -_ ..._...__._ �.�__ ..__.._ __._.�__.._ ....__.. �... r.._�y � � 1 . , . - • 17. • Subd. 7. COVING. In new construction or in remodeling � of existing buildings, floors shall be coved to the walls with a minimum of one inch radius cove. ' . ; Subd. 8. CLEANING--REPAIR. Al1 flflors must be kept clean � � • and ,in good repair: All floor cleaning shall be performed in i such a manner as to pr�vent the spread of dust. - During floor clean- , ing operations, all foods, food contact surfaces, equipment and � utensils are to be protected from contamination from splash or , du s t. .,, 291.16 WALLS AND CEILINGS. Subd. l. CLEANING AND REPAIR. The walls and ceilings of all rooms shall be kept clean and in good repair. ; • Subd. 2. SURFACE MATERIAL. The walls of all rooms or areas ; in which food is prepared, or utensils or hands are washed, shall be easily cleanable, non-absorbent, smooth, and light colored, and shall have washable surfaces up to the highest level reached by splash or spray. Subd. 3. ACOUSTICAL MATERIALS. Washable acoustical materials which are easily cleanable may be used on the ceilings, provided ventilation is adequate to minimize grease and moisture absorption. Subd. 4. WALL COVERINGS, wall covering material shall be securely sealed to the wall to prevent dirt or grease accumula- tions or insect harborage. � - -- _.. . - _ . - .- .r-. ,- - -- _ _ ._ . Subd. 5. DECORATIVE MATERIALS. Studs, joists, rafters, lat- �tice work or other decorative materials in dining or access areas • shall be suitably finished and shall be kept clean and in good ; repair. ' • - � , � Subd. 6. FIXTURES AND ATTACHMENTS. Light fixtures, fans, � hoods, filters, window sills, and other similar equipment or materials attached to walls or ceilings, shall be kept clean. 291.17 SeREEN1NG. • Subd. 1. GENERAL. All food manufacturing processing, pre- paration, and service areas accessible to flies shall� have outside � openings, such as doors or windows, •effectively screened during fly season and all doors opening to the outside shall be self- � � closing, 'uriless other effective means are provided to prevent the � entrance of flies and other insects. All openings shall be pro- tected and constructed to prevent entrance of flies, other insects, and rodents. .._,_, _ _ � _ , __ � - - ------� ---_ .� - y _�_- - -- -- -- - .- Subd. 2. TYPE AND REPAIR. Doors, windows, and screens shall � be kept clean and in good repair. Screening shall not be less than - 16 inch mesh wire or plastic material. _ . . ' - . � , ..__.___. ..._. _ _ . ,__ � _ ._ __. ._,__.�_.. _.____ . __._._..._._�.�._._.__.�..__.. ...____...______ .------ ... . �_ ----- - - ' -- - - - " -��- - • ' � � i � " 18. � •291.18 LIGHTING. .All work surfaces shall be illuminated with at least 20 foot- • � candles of light. at least 10 foot-candles shall be provided on all other surfaces and equipment, and in dressing and toilet rooms. In stor.age areas a minimum of 5 foot-candles of light at 30 inches _ ' from the tloor shall be provided. Subdued light in dining areas ' and public access areas is acceptable; provided that lighting of � � 10 foot-candles is available and used during the clean-up period. , .A 291.19 VENTILATTON. � Subd. 1. GENERAL. All rooms in which food is �manufactured, t processed, prepared, served, or utensils are washed; and all toilet, 1 dressing, and locker rooms, and garbage and refuse storage areas, � shall b� well ventilated. t � � � , Subd. 2. VENTILATION HOODS. Ventilation hoods and devices shall be installed aver equipment where grease vapors or smoke are . produced in the preparation of food and they shall be designed so i as to prevent� grease or condensate from dripping into food or onto � food preparation surfaces. Filters, where used, shall be readily ' removable for cleaning or replacement. Ventilation of rooms, areas, and equipment, including gas or oil fire room heaters and water heaters, from which noxious fumes or vapors, contaminated aerosols, i or obnoxious odors may originate, shall. comply with the City Build- � ing Code. - 2 91.2 0 DRES S ING ROOMS AND LOCKE#tS.. � _ - • � --- - -- -_ _ _ __.. - -- � .� -...t''��`_.;''._' _� � Adequate facilities shal.l be provided for the orderly storage of employees' clothing and personal belongings. �V"h�re employees +' - routinely change clothes within the establishment, one or more dressing rooms or designated areas shall be provided for this pur- pose. These facilities shall be located out�ide the food prepara- ; tion, storage, and serving areas and outside the u�ensil washing and storage areas. The Health Officer or his authorized agent may �� permit dressing rooms in food storage rooms where only bottled or � completely packaged food is stored. Dressing rooms or such desig- nated areas shall be equipped with lockers or other suitable facil- ities. Dressing rooms and lockers shall be kept neat and clean. � 291.21 TOILET FACILITIES. . - � �-- - � - - ,v � - . , � 5ubd. _1.,, .y,1FIERE� NECESSARY. Food esta7�lishments, with the ex- ception of food vehicles and vending machines, shall be provided with conveniently Tocated toilet facilities for employees. 1 _ - _. . -- ._r.- .. � ��,,. _, - --="..�.r.y.:..�w _�,..,, ' . .�- �.,;�, _ .._ - �„_._ _ - . - ' _�"' ..,_�.��. . .... . --- --- � Subd. �. ENCLOSURES--VENTILATION. These facilities shall be ` completely enclosed and provided with self-closing, tight fitting doors and mechanical ventilation that provides for at least ten changes of air per hour. . f � ' � ; Subd. 3. FIXTURE DESIGN. Toilet fixtures and seats shall be � of sanitary c�esign and readily cleanable. i . � -�.... � - �- - . _ . _-- - -- � - --- -- - - - -- -- - - - � . r w -.__"T'�-- • . '_ _ ' _' . , . � _. � - ..-. _.^-�'T._�_.r-..-�...-.�� .....-�.. _. ...... .r,,.. - . . �_�_....._: . ""'" ""' �._..� .._ _ - " ' ' �._w__-_ "'__ '_'__"_ _'__"""_' _ ' "_ __ . _ .-.�'__�'__• _ '_ '_ '__,�"_' � + ` .. . . ' ' 19. .Subd. 4. CLEANLINESS . These" facilities, including vestibules, . if provided, shall be �kept clean, sanitary, in good repair, and free from flies, insects, and offensive odors. . � !Subd.� 5. SE�PARATE TOTLETS . Separate toi�ets must be furnished , for each sex when five or more employees of the opposite sex are � � - on duty at any one time. � � ; � . , � _ Subd. 6. TOILET TISSUE. Toilet tissue shall be provided. .; . _ Subd. 7. WASTE RECEPTABLES. Easily cleanable receptacles . shall be provided for waste materials and, in toilet rooms for women, such receptacles shall be covered. Subd. 8. NON-�rJATER CARRIED FACILITIES. Where non-water car- ried sewage disposal facilities have been approved by the Health ; Officer, they shall be separate from the establishment. Subd. 9.. � FACILITIES FOR PATRONS. When toilet facilities are provided for patrons, the facilities shall meet the requirements of this section. � Subd. 10. TOILET FACILITTES WI-�RE ALCOHOL SERVED. Al1 res- taurants serving alcoholic beverages and any restaurant having a seating capacity of fifty or more shall provide separate toilet - and lavatory facilities, convenient to the dining area, for male , and female patrons. : , � �' " 291.22 HANDWASHING FACILITIES IN FOOD PREPARATION AREA. _ _ -- � �_- r - -. - � . .- ._. - . -- -- . • _ � _ __ _ .� _ __- -- _ i Subd. l. WHERE NECES5ARY. Food establishments, with the ex- � ception of food vehicles and vending machines, shall be provided � _ with adequate conveniently located lavatories. It shall be unlaw- -' ful to use utensil washing, food washing, or food preparatiorifsinks ' as facilities for handwashing. , ,. Subd. 2. EQUIPMENT NEEDED. Such lavatories shall be equipped with hot and cold running water supplied under pressure through a combination mixing faucet and the drain must be connected to the � sewer. Automatic shut-off faucets shall not be permitted. Soap or detergent and approved sanitary towels or other approved hand , drying devices shall be provided. � Subd. 3. COMMON TO��+TELS PROHIBITED. The use of common towels is prohibited. • - - _ _ _, • � - ---�---- -----_ - - -•__- f s• � - Subd. 4. WASTE RECEPTACLES. Waste receptacles must be pro-"Y vided for disposable towels. i � .� Subd. 5. CLEANLINESS--SOAP AND TOWEL SUPPLY. All hand wash- . ing equipment shall be kept clean and in good repair and a suffi- cient supply of soap and towels shall be provided. � • - ' � I , � . • ' . I _ __._ - - . - - ____..__ �..�. ___.---�__.___._�_____ __R.._.__ ..__- . . ___.__ s�_i ' - -- - - " :_., . . . . ; . " i - 20. . . . 291.23 PLUMBING. . - ; E Subd. l. GENER�IL. Plum3�ing shall be so sized, installed, and maintained so as to (a) carry adequate quantities of water to� re- quired locations throughout the establishment, (b) prevent contami- nation of the water supply, (c) properly convey sewage and liquid ' wastes from the establishment to the sewerage systetn, and (d) not constitute a source of contamination of food, equipment or multi� use utensils, or create an unsanitary condition or nuisance. �� . Subd. 2. DIRECT SEWER CONNECTIONS PROHIBITED. Food service equipment such as, but not limited to, refrigerators, ice makers, � potato peelers, running-water dipper wells, and steam tables shall not be connected to the sanitary sewer. ;;_ 291�.24 FOOD EQUIPMENT AND UTENSILS. ; � Subd. l. REQUIRED EQUIPMENT. 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 i of this ordinance. ' � . � Subd. 2. NEW AND REPLACEMENT EQUIPMENT. All new and replace- ment equipment and utensils shall be of such material, workmanship, �,�' and design to be smooth, easily cleanable, resistant to wear, dent- � -_� ing, buckling, p�tting, chipping, crazing, and capable of with- � � standing scru�bing, scouring, repeated corrosive actior_ of clean-�. ing compounds,,• and other normal conditions and operations. Food - --- contact surfaces shall be non-toxic. Food contact surfaces and- -��'" "- "r surfaces which come in contact with food debris shall be readily accessible for cleaning and inspection. - , ,�t Subd. 3. INSTALLr�.TION AND MAINTENANCE. All equipment shall be so installed and maintained as to facilitate the cleaning thereof, � ; - and all adjacent areas shall be kept in good repair,� Equipment in � , use at the time of adoption of this ordinance 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 can be kept .clean and• sanitary. • Subd. 4. STANDARDS FOR NEW EQUIPMENT. All equipment installed after the passage of this ordinance shall comply with, or be equiv- alent to, Standards 1, 2, 3, 4, 5, 6, 7, 8, 12, C1 and C2 of the National Sanitation Foundation, or with the Vending Machine Evalua- , tion Manual of the Automatic Merchandising Health Industry Council i � of the National Automatic Merchandising Association, or with the f Baking Industry Sanitation Standards Committee. These .standards •�„� _ ' �-�-are- Yiereby adopted and incorporated herein by reference and a marked official copy of said standards shall be kept on file in the office of the City Clerk and in the Bureau of Health. All food � service equipment not covered by these standards shall be approved by the Health Oificer or his authorized agent. : Subd. � 5. SINGLE SERVICE UTENSILS OR ARTICLES. Single serv- � ice utensils or articles shall have been manufactured, packaged, transported, stored, and handled in a sanitary manner. 4 � , i I i . � -- -- - � - ---- -•-- - -- -_-.._� _ . . _ . __._._._._____.._._-- ----------� .- -----.� _.__ .- --- _ . . . . - { � 21. � Subd. 6. GLASS FILLING DEVICES. Glass filling devices shall ! . be constructed so as to prevent any contact of the upper one-third � of the glass with the device and in such a manner that no portion . � '� of the device extends into the glass. _ I • Subd. 7. UNNECESSARY EQUIPMENT PROHIBITED. Only equipment � and utensils necessary in the conduct of the food business under � I license shall be stored in the food service or food preparation area. ' ' .� Subd. 8. POSSESSION EVIDENCE OF INTENDED USE. The presence of utensils and equipment in the food service or food preparation area shall be prima facie evidence of intended use. Subd. 9. CUTTING SURFACES. Cutting blocks and boards and , baker' s tables may be of hard maple, hard rubber, phenolic lami- � ; • nate, or equivalent material which is non-toxic, smooth, and free , of cracks, crevices, and open seams. Cutting boards shall be easily removable for cleaning and sanitizing. - 291.25 HOUSEKEEPING. � Subd. 1. GENERAL. All parts of the food establishment and , its premises shall be 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 f of the operations connected with a food establishment shall be conducted in any room used as living or sleeping quarters. � _�� . . ,�.� ,_._ � _ ..._,.--� - _ Subd. 2. SOILED LTNEN. �Soiled linens, coats and aprons shall y �" be kept in approved containers and stored in an approved place until � removed for laundering. , - Subd. 3�. ANIMALS PROHIBITED. No live birds or animals shall " be allowed in any area where food is manufactured, processed, pre- pared, stored, or served; provided, however, guide dogs accompany- � ing blind persons may be permitted in food service establishments. . Subd. 4. SEPRR.ATION OF DOMESTIC AREAS. No habitable room, " bathroom, or water closet compartment which is accessory to a dwell- � ing unit shall open directly into or shall be 'used in conjunction with a food establishment. Subd. 5. DOMESTIC OPERATIONS PROHIBITED. No laundering, ° barbering, toilet preparation or similar domestic operation shall �' , be conducted in any room in which food is manufactured, processed, � . prepared, or served•. � . � ' - :�-_ __ ,,..�.� ___._.- _ � _- _ i ..-----.�,,.� ..�.:.,�......:�..- -} � Subd. 6. JANITORIAL EQUIPMENT. �This equipment shall be stored - in an approved manner in an area other than a food preparation area, � food storage area, or toilet room. . 'r ' � � i , .__. _ _ . - . - - - - .-- --- . ._ ._. . � _ __�- -- -�-�- - - - - �- - - • - ,�_. � -- ---- ---- -- - ----. � �' , - � 1 . _ _ � � . . , . � � - 22. � .� � ` .291.26 ITINER.A.NT FOOD ESTABLISHMENT. ' • � � An itinerant food establishment �conducting an unrestricted . operation shall comply fully with the provisions of this ordinance. Tn�hen restricted operations are conclucted, the Health Officer or his authorized agent may accept modified physical facilities, may prohibit the sale of certain potentially hazardous foods, and may ' augment requirements when such action is necessary in the interest of the public' s health. _ .b 291.27 VENDING NiP,CHINES. .� Each vending machine licensed under this chapter and Chapter 337 shall be constructed and maintained as follows: . � . � • � � Subd. 1. WHOLESOME INGREDIENTS. Each machine shall be filled ' only with wholesome ingredients which have been manufactured, pack- ; aged, and stored under sanitary conditions and transported to the � machine in sariitary containers or vehicles. Subd. 2. INSPECTIO�--ACCESS. The owner or operator of all such vending machines shall, whenever requested, make provision � . for the Health Ofticer or his authorized agent to have access to i the interior of all vending machines operated by him. _; . Subd. 3. CLEANLINESS. , The licensee shall maintain each vend- ing machine in a clean and sanitary condition at all times. ' .�.�..�.. " _.�i.�-- _' � ���-N«......� _ � , ..:�<.�-n...��:'i--- "'� _� �..-�--� . I9 � " ' - ". -�. '`�u-. -�. ��-...._._.�� �_. ._-`�r� ._.y_-_.��-'-• . 4� .. Subd. 4. LOCATION AND DESIGN. Each machine must be so designed ` _ as to protect against infestation of insects, rodents, or other vermin and to protect against the eni:rance ot dust, dirt, rain, ` overhead leakage, or otner sources of contamination, and shall be so constructed and operated as not to create a rodent harborage. • � The machine location shall be such as to minimize the potential � � for contamination of the food, shall be well lighted, easily �lean- able, and the surroundings shall be so maintained so as not to � create an unsanitary or unsightly condition. � � Subd. 5. CONSTRUCTION. Each machine shall be so designed � that it may be- readily cleaned. The walls, floor, ceilings, covers, � lids, � and other physical features shall be of such construction as to withstand repeated cleanings. . �_ _� . ._ . __ . •--- 4...�:..... .- -- -,.�, �--r .. � � ' `Subd. 6. INTERIOR AND COMPONENT PARTS. All interior sur- faces and component parts of the vending machine shall be so de-. signed� and constructed as to be readily cleaned in place or re-` � movable for cleaning operations, and shall be kept clean. All food contact surfaces of the machine shall be smooth, non-toxic in themselves or in combination with food, corrosion resistant, and of relatively non-absorbent material, and shall be capable of withstanding repeated cleaning and sanitizing by normal procedures. Each vending machine shall be so constructed that it �iay be opened and all parts thereof made accessible for inspection purposes by the Health Officer or his authorized agent. .. . �. r . � •- - -- - --- .__ . .__..,_- -- �---, ------. � __.._ �.._.. � _ . _.,.--- •---� ._ -_____ r _-- . -=�---� - - : ------ •----�..�___._...--�--�----� -- - — - - . i 23. ' Subd. 7. SELF-CLOSING DOOR. A vending machine which dis- penses a cup to receive food shall have the serving door protected � from dust and vermin infestation by means of a self-closing device.. , I Subd. 8. TEMPERATURE. The temperature of all vending mach- f ines which dispense perishable unfr-ozen food shall be maintained � at a temperature of 45° F. or below. Exceptions may be made for � � the time required to load or otherwise service the machine and for a maximum recovery period of 30 minutes following completion of loading or servicing operations. In the case of hot food vending machines, a maximum period of 120 minutes shall be allowed to heat food through the 45� F. to 140o F. temperature zone. In hot food vending machines which are not equipped with refrigerated storage, - there shall be no time delay to preclude heat from being applied to perishable food immediately after it is loaded or placed in the machine.. Perishable food, once it has been heated to a tempera-- ture of 140� F. or above, shall be� maintained at this temperature until served or discarded. Subd. 9. ' AUTOMATIC CONTROLS. Vending machines dispens- ing perishable food shall be provided with adequate refrigerating or heating units, or both, and with thermostatic controls which ensure the maintenance of applicable temperatures at all times. Vending machines shall also have controls which prevent the mach- ine from vending perishable food in the event of a power failure or other condition' which results in noncompliance with temperature requirements in the food storage compartment. Hot food vending machines designed to heat food through the 45° F. to 140� F. tem- ___�perature ,range shall ,also be equipped_ with automatic,_ controls which �._ . � rerider the machine incapable of vending perishable food in the event that heating through this temperature range is not accomplished in 120 minutes or less. Readily perishable food which has failed to conform to the time-temperature requirements of this item shall be _ . removed from the vending machine and not�made available for sale ' unless i.nspected and approved by the Health Officer as safe fox human consumption. Vending machines dispensing readily perishable food shall be provided with one or more thermometers which, to an accuracy of plus� or minus 2° F. , indicate the air temperature of the warmest part of the refrigerated food storage compartment or the coldest par-t of the heated food storage compartment, whichever is applicable. � ' - - ' Subd. 10. WATER. All water used in vending machines shall be drawn from a safe water supply. Vending machines shall be so designed, constructed, installed and operated as to prevent the . . production of toxic substances in the water or the back siphonage � of liquids or gases• into the water supply line. � Subd. 11. IDENTIFIC�TIO� OF OPER.ATOR. Each vending machine shall have posted thereon a label or sign stating the name, ad- � dress and telephone number of the person responsible for its oper- , _ �. ation. , � 291.28 .VEHICLE IDENTIFICATION. � Each food vehicle licensed by the City shall have printed on � each side of said vehicle in plain letters not less than two inches � I in height, the name and business address of the licensee. I ' f - � --- --. �-. - � - _ .. . _ ------ -.-- . _ _.�_. __- ----..__.�__ _�____. _ .__ _� _ _ _� . _._� _ _�. ;.. ; " i � . . ' - -- ---� -- -- t �, ' ' 4 � I � 24� � 291.29 SUBMISSION OF PLANS. k When a food establishment is hereafter constructed or an ex- . ` isting food establishment is altered, detailed plans or suitable 1 drawings and equipment specifications sha11 be submitted to the � Health Officer or his authorized agent, and such plans and equip- � ment specifications shall be approved by the Health Officer or his ! authorized agent before such work is begun. Plans and specifica- . tions shall be in sufficient detai]. so that an accurate and com- plete appraisal can be made as to compliance with the provisions � of this ordinance. � - • ' 291.30 PRESENCE OF FOOD INDICATES INTENT TO SELL. ' The presence of any food in a food establishment shall be ' prima facie evidence of possession for the purpose of sale. � ; 291.31 INSPECTION. ` � - The Health Officer or his authorized agent, after proper identificatiori, may,� during all operating hours and at any other � reasonable time, enter into and inspect every part of any food � establishment operating under the provisions of this ordinance. . 291.32 INSPECTION OUTSIDE CORPOR.ATE LIMITS OF ST. PAUL. The� Health Officer or his authorized agent shall be authorized ' to inspect food establishments located outside the corporate limits of the City of St. Paul which sell, offer for sale, process or dis- tribute any food within the City�of St., Paul, ,or which apply for a food license. � � � 291.33 UNWHOLESOME FOOD. ` - It shall be unlawful for any person to sell, or to have in possession for the purpose of sale, within the corporate limits of the City of St. Paul, any food that is unwholesome. , 291.34 SAMPLES TESTING. � The Health Officer or his authorized agent may take samples of food necessary for the purpose of analyzing and examining. Every person engaged in manu£acturing, processing, storing, or selling food within the City of St. Paul shall, upon request, fur- nish reasonable samples free of charge to the Health Officer or - his authorized agent who shall issue a receipt for the same. 291.35 EMBARGO AND DETENTION. - Subd. l. RETAINED. The Health Officer or his authorized agent may attach a tag or issue a written notice of embargo or detention and thereby retain any food, clothing, equipment, � utensil, or thing which, by reason of origin, dirt, filth, ex- ' traneous matter, insects, other vermin, temperature, corrosion, . � open seams, chipped or cracked surfaces, is unfit for use. Such tag shall be printed as follows: � "St. Paul Bureau of Health, " i "Retained. " The Health Officer or his authorized agent shall .,, • ; t _ . , - --- �-- � - , . .. _ ._ .. _ _.___...__,___�._.._..,.__,__._.._r._...�� . --- - ,�-t ' - -�---- - -.. ' .L , i . " ' . J ,' �� � ` 1 � � , • � . . . � � � 25. � i • � record the tag number, kind and amount of item retained. The tag I� shall accompany the retained item at all times. If, upon final inspection the item is approved, the Health Officer shall cause • 'I the removal of the "Retained" tag. : . , 1 � Subd. 2. CONDEMNED. When fo�d is condemned the ori inal � g . mark, stamp, or label thereon shall be removed or defaced and the ' Health Officer or his authorized agent shall attach a tag reading: "St. Paul Bureau of Health, " "Condemned. " This tag shall accompany ' this food until its ultimate disposal.; The Health Officer shall � cause the removal of the "Condemned" tag upon final disposition. � ' Subd. 3. UNLAWFUL TO USE OR REMOVE. It shall be unlawful for any person to remove "Condemned" or "Retained" tags from any � food, utensil, or any other item, or to remove or use such food, equipment, clothing, or any other item to which a tag has been attached, or to remove, sell, give away, or otherwise dispose of , . any item under detention except �by the direction of the Health • Officer or his authorized agent. . � � 291.36 WRITTEN NOTICE TO REMOVE iTNWHOLESOME FOOD. F . � The Health Officer or his authorized agent, upon determining , that any food which is offered or held for sale within the City is adulterated, decayed, diseased, unwholesome or for any cause unfit for human food, shall at once give the person in charge � thereof written notice to at once remove the same to such place ` as the Aealth Officer or his authorized agent may designate or destroy the same as directed. � . • �--� - ----_._r _� _ _ _ . _ - -, -- � 291.37 ENFORCEMENT. The Health Officer or his authorized agent shall have the , duty and the authority to enforce the provisions of this ordi- • � nance. , � 291.38 RULES AND REGULATIONS. • � � - - � . • � The Health Officer may promulgate rules and regulations as he deems necessary to carry out the aims of this ordinance and pro- ' tect the health of the public. 291.39 PENALTY. " - � - . ' . . Any person who violates any of the provisions of this ordinance shall be guilty of a misaemeanor. M .�-..�..r�...a .t�i-e.r'..-�'—_''_ "'r-+»---l' -r . . �__ ^ �-...».. .. -- • _ _ ^ 4:. �, _ Section 2. That Chapters 292, 294, 295, -296, 297, 298, �299, 300, 301, 302, 3b3, 373', 379, and 382 and Sections 265.40 through 265.47, inclusive, of the St. Paul Legislative Code be and the ` - � same are hereby repealed. s � , I . . • � � . � .- -- . . . . - - - -- --.- ---. - - _ �._�._--�..___.._._.._._,_. . ________ _._ _ .�_ Orlainal to City Clerk � ~ � � ` �� � ORDINANCE � a � w COUNCIL FILE NO � �a� PRESENTED BY ORDINANCE NO �� �� 26. Section 3. --That should any section, subsection,' paragraph, , subdivision, clause or other part of this orclinanee be declared ' by a court"of competent jurisdiction to be invalid, such decision shall not affect• the validity of the ordinance as a whole, nor of any part thereof, other than the part so declared to be invalid. Section 4. That this ordinance shall take effect and be in full force thirty. days after its passage, approval and publication. . � �.. • i J y r . i � � � i � I � � � , � . j � 1 . I • � �UL 3 4 1968 ; Yeas Councilmen , Nays Passed by the Council � Carlson Dalglish ' Meredith n Favor - Peterson � � Against Sprafka Tedesco r. President (B . A ed: �u� � 0 1968 r A test: + _ � . City lerk Mayor �O Form approved Corporation Couns By _ i ( �- � a3, 19�� Pu���sN� �uG 3 �s� �, . �OrlQinal to�iky Clerk �� ORDINANCE ;��:���n� COUNCIL FILE NO PRESENTED BY ORDINANCE NO __\ � An Ordinance regulating the processing, ' distribution� and sale of food an.d providing for the licensing of persons engaged in busi- . ness pertaining thereto, amending Chapter 291 � a.n.d repealing Chapters 2g2, 294, 295 , 2g6, 297, 298, 299, 300�, 301 , 302 a.n.d 303 and repealing Sections 265 .�40 through 265 .47 inclusive of the Saint Paul Legislative Code . THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That Ch pter 2g1 of the Saint Paul Legislative Code be and the sa.me is ereby a.mended to read as follows: 291 .01 LICENSES. Subd. 1 (a) . LICENSE EQUIRED. It shall be unlawful for any person to operate a food e tablishment as defined in Section 291 .03 within the corporate limits of the .City of St. Paul for the purpose of dealing or selli g food for human consumption without - first obtaining a license t do so as provided in Subd. 4. This , _ chapter shall not apply to t e public market or to Chapters 286 - a.nd 287 dealing with milk a,n.� milk products. (b) Any person operatin a food establishment within the � City of St. Paul must obtain license for the current year of the applicable type hereinafte provided. c=The licenses and an.nual minimum fees shall be as follo s: � Bakery - .�45 .00 Bakery Outlet - �25 .00 � Bev_erage Manuf acturer & Dis ributor - �150.00 Butcher - �45.00 Caterer - �50.00 Confect 'ionery - �45 .00 r Drive-in Restaurant - �80.00 ! Food Distributor - �45 .00 � Food Manuf acturer - �45.00 Food Processor - �45.00 j Food Warehouse - �45.00 f Food Wholesaler - �45 .00 � Food Vehicle - �10.00 � Frozen Meats - �40.00 . Grocery - �45.00 Yeas Councilmen Nays • Passed the Council ' ` Carlson Dalglish Meredith n Favor Peterson gainst ' Sprafka j Tedesco Mr. President (Byrne) Approved: � Attest: � , City Clerk Mayor � �O � Form approved Corporation Counsel By ��--- - ' k � �_ . . 4 . ` ! ' f `�����`'�'� ! � , 2 . Ice Plant - �75 .00 � Itinerant Food Establishme t - �25 .00 � Original Container (Prepac�aged Food) - �10.00 ' Restaurant - �40.00 � Salvage Food Dealer - �45 . 0 ; Slaughter House - �300.00 � Vehicle Peddler - �45 .00 Vending Machine Location - as provided in Chapter 337. Vending Machine Operator as provided in Chapter 337 4 (c) The an.nual license f e for operating a food establishment � shall be determined by the are used for selling, processing, ! packaging, serving and cold st •rage used in connection with the ` � business carried on at the pre ises as follows: � t � (a) Area of not more tha 1 ,000 square feet , the sum t . • of �40.00 � � i �( (b) Area of more than 1 ,000 square feet but less than � 5,000 square feet , t e sum of �60.00 c Area .of more than 0� 0 s uare feet but less than � � � 5 � q � 10 ,000 square feet , t ` e sum of �80.00 � � � (d) Area of more than 10, 00 square feet , the sum of ; �100.00: � I I (d) Notwithstanding the ab ve provisions, the total annual I fee to be paid by any licensee f � r licenses covered in this chapter �� shall be the minimum aggregate � e of all required licenses or the � maximum����', whichever is greate . I' . - k (e) Nothing in this chapter shall affect licensing procedures ; covered elsewhere in the Legislat ve Code except as specifically f I provided. r f Subd. 2 . SHORT-TERM PERMITS. Permits for the sale of food , for a period of less than 14 conse tive days at commun.ity cele- � brations, fairs , church suppers, an� other similar occasions may i be issued upon proper application a d the payment of �1 .00 fee . � The operation of an itinerant f od establishment must be in �- f conformity with the provisions of th s ordinance . Subd. 3. APPLICATION. Any pers n desiring a food license f shall file with the license inspector of the City of St . Paul a , written application to the City Coun.ci for such a license , � giving in the application the full nam and place of residence G of the applicant; the exact location of the building or build- � ings , the part of the building, includi the area in square feet, f _ � � , i I i � � I � 3• �`����'� �,` , � intended to be used in the con uct of the business and under h such license , and whether or n t he has at any previous time ` been engaged in a food handlin business within the City of St. f Paul and, if so , when and whe . t The applicant shall stat in the application the nature of � the business to be conducted. If he proposes to operate more p than one such business , he sh 11 so state in Iiis application and i shall describe the part or po tion of the building or place ! wherein he proposes to condu each of the businesses. f k Said application shall e signed by the applicant in person � and, when received by the li ense inspector, shall be placed on � file by him. The na.me of th applicant shall be registered by t the license inspector in a b ok of registration, to be kept in : the office of said license i spector. The license inspector shall not receive the applic tion or register the name of the applicant unless the applic ion is accompanied by a receipt from the City Clerk. The City Cl rk shall not accept the fee on new applications unless approve by, the Health Officer. Subd. 4. DETERMINATIO OF AREA. The following areas shall � be used for the purpose of 'xing the license fee to be paid: � all areas used for selling, rocessing, packaging, serving, and cold storage used in connect ' on with the business carried on at � the premises, l Subd. 5 . INSPECTION BY HEALTH OFFICER. A copy of all food i license applications shall b referred to the Health Officer or � his authorized agent for rev ew. After the report and recom- f mendation of the Health Offi er have been received by the City ; Council , it may then grant o deny such application. { G Subd. 6. SINGLE FEE FOR MANiJFACTURER AND DISTRIBUTOR. If � the applicant is both a food anufacturer and distributor and is manufacturing and distributin the same product or products from � one place of business, he nee obtain only a manufacturing � license for both types of busi - ess and pay one fee therefor. • Subd. 7. M.AIVTJFACTUR.ER OR ISTRIBUTOR INCLUDES WHOLESALE AND RETAIL. A duly issued lice se for a food manufacturer or distributor shall authorize the icensee to conduct either a wholesale or retail business at he same establishment and for � the sale of the same product or oducts. � � � Subd. 8. POSTING OF LICENSE E�ach licensee shall keep his � license prominently posted on the remises. � Subd. 9. REFUND OF FEE. If e application for the license � is not granted, the applicant shall e refunded the fees paid by � him, less �10.00 ; for processing the pplication. � . � k � � I � � r , � I , �� C��' � � ��•.��� � 2� � Subd. 10. EXP +�RATION OF LICENSE. Each license granted under this chapter s all expire on.e year from date of issuance . � � Subd. 11 . REVO -ATION FOR VIOLATION. An.y violation of � Chapter 2g1 .00 shall , be grounds for revoc�,tion o� license on the premises where the vi�,olation occurred. � � Subd. 12 . DISORD RLY OPERATION. The conduct of any food ' establishment in a dis' rderly manner or permitting any immoral � conduct or practices t � erein or the violation of any of the j rules or regulations o the Bureau of I3ealth, Bureau of Fire 1 Protection or Bureau of olice or any other City agency, shall � be sufficient cause for he refusal of license or the revocation � of any license already i ued to the keeper or own.er thereof. � � Subd. 13. BAKERY AND BAKERY OUTLETS. Bakeries and bakery � outlets shall comply with e rules and regulations promulgated ! by the State of Minnesota C �mmissioner of Agriculture but are � otherwise exempt from the re uirements of this ordinance except for licensing. � . � 291 .02 FOOD HANDLER ' S CER FICATES. , � The Iiealth Officer may requ �re the licensee or his agent to G obtain a Food Flandler ' s Certifica e . A food handler ' s certifi— I cate may be issued to the license or his ager�.t of a food � establishment who has satisfactorily ; completed a food handler ' s course o .fered by the Bureau of Health ' or a similar course acceptable to th Health Officer. There shall � be no fee for the food handler ' s cou e or certificate . � 291 .03 DEFINITIONS. The followin definitions and terms ; shall apply in the interpretation and e forcement of this � ordinance . r ADULTERATED FOOD is any food which c nsists in whole or in � part of any filthy, putrid, decayed or de mposed substance , , vermin or vermin parts , or which consists whole or in part o� � the product of a diseased animal or of an a imal which has died � by accident or other than by slaughter, if t e food is in con— i tact with a container which is composed in w ' le or in part of t any poisonous or deleterious substance , i� it contains or bears 4 any added poisonous or deleterious substance f r which no safe � tolerance has been established by any Federal , tate , or local law or regulation or is in excess of such toler - ce if one has i been established, if it has been processed, prep ed, packed, or held under insanitary conditions whereby it may h ve been rendered injurious to health. . ANIMAL shall include any mammal , fowl , fish, c stacean, � mollusk, or any other animal used as a source of hum food. APPROVED shall mean acceptable to the Health Off�i er o his authorized agent following his determination as to con � rmance with the provisions of this ordinance . BOAR.DING FIOUSE means every building, structure , enclo. ure , or any part thereof used as, maintained, advertised as, or�held out to be an enclosure where meals or luncheons are furnishe`d to � � � � � . � :. , : , �• ����f�� five or more boarders for pe iods of one week or more . CATERER shall mean any erson, firm or corporation engaged � in the business of providing preparing, and serving food to k individual persons or groups 'of persons at any place in the city � other than a restaurant lice sed under this Chapter of the St. � Paul Legislative Code . � CLEAN shall mean free fr m physical , chemical , and microb- ial substance discernible by dinary sight or touch, by ultra- violet light , by artificial li ht , by the safranine-talc dye test or �any other test approved by he Health Officer, and free from insects , other vermin, and deb ' s . CLOSED shall mean fitted t ether snugly, leaving no opening � large enough to permit the entra ce of vermin. � CORROSION-RESISTANT MATERIAL shall mean material which main- � tains its original surface charac ristics under prolonged and ! repeated inf�.uence of the food, cl aning compounds , and sanitiz- ing solutions with�;which it may co e in contact . ! EASILY CLEANABLE shall mean re ily accessible and of such material and finish, and so fabricat ,d and placed that residue which may accumulate can be complete removed by normal cleaning , methods. ; EQUIPMENT shall mean such as , but ot restricted to , all � ranges and oven.s, hoods , meat blocks , ble�s , counters , refriger- � ators , sinks , dishwashing machines, and steam tables , but shall not include utensils used in the operati ns of a food establishment . � FOOD shall mean any raw, cooked, or rocessed edible sub- � stance , beverage , or ingredient , includin ice and water, intended � for use or for sale , in the whole or in pa t , for human consumption. , FOOD CONTACT SUR.FACES are those surfac s of equipment and t utensils with which food normally comes in c ntact and those sur- ; faces with which food may come in contact or hich drain onto r surfaces normally in contact with food. � FOOD DISTRIBUTOR is any person engaged in istributing food ; manufactured by others or by himself. � FOOD ESTABLISHMENT shall mean any building, �.00m, stand, f� enclosure , vehicle , space , area, boarding house , other place F wherein food is s�.ored, prepared, manufactured, pr "cessed, I wrapped, canned, packed, bottled, distributed, offe ed for sale , � or served, with or without charge . f FOOD MANUFACTUR.ER is any person engaged in the m �ufacture , ! compounding, intermixing, packaging, or preparing of f d for human consumption. FROZEN FOODS shall include , but shall not be limited 'to , ice cream, frozen custard, ice milk, fruit ice or ice sherbet , _ rozen � malted milk, fro�zen milk shakes , French ice cream and Frenc custard ice cream; or any other food preserved by freezing a d which is served, sold, stored, or transported in the frozen s ,ate . ..., . , , I ' � � ����.�,� � ; � . ; • � a HEALTI3 OFFICER shall mean the Health Offic�r of the St . Paul ; Bureau of Health. � � ; HOME PREPARED FOOD shall ean any food which has been manu- � �actured, processed, or prepa ed in a private home . . � ITINERANT FOOD. ESTABLIS NT shall mean a food establishment operating for a temporary per od of less than 14 days, including, , but not limited to , a fair, c rnival , circus, or i public exhibition. � KITCFIENWAR,E shall mean a 1 utensils other than tableware used � in the storage , �preparation, onveying, or serving of food. � i PERISHABLE FOOD shall me any food of such type or in such � condition as may spoil . � � . f PREPACKAGED FOOD is clean unadulterated, wholesome food � packaged in a substantial , cle n container or wrapper in an f approved food establishment. ; READILY-PERISHABLE FOOD s 11 mean any perishable food con- E sisting in the. whole or in part of milk, milk products, eggs , meat , ; fish, poultry, the carcass of a�y animal , or any other food capable � of supporting rapid and progres 'ive growth of microorganisms which �� can cause food poisoning. � � � � SANITIZE means effective bac ericidal treatment to clean � surfaces of equipment and multius � utensils by a process which has � been approved by the Health Office �, or his authorized agent as ; being (a� effective in destroying •' croorganisms including path- � ogens , (b) not injurious to the sur aces , and (cj not hazardous to � the health of the food consumer or o the user of the sanitizing t f agent . , i SEALED shall mean free of cracks ' or other openings which per- mit the entry or passage of moisture . SINGLE SERVICE ARTICLES include c • s, containers, lids or � closures, plates , knives, forks , spoons stirrers, paddles, straws , � place mats , napkins , doilies, �wrapping aterial and all other � similar articles which are constructed w�olly or in part from � paper, paperboard, molded pulp, foil , woo � , plastic , synthetic or k other readily destructible materials and w�, ich are intended by the � manufacturers and generally recognized by e public as being for � one use only, then to be discarded. � � E SMOOTH shall mean having an even surf ace free of cracks, , chips, open seams , rust , corrosion, breaks, pits, checks, and ridges . TABLEWARE shall ,mean all multi-use eating a�d drinking uten- sils, including knives, forks and spoons. � i! UTENSILS shall mean any kitchenware and tableware used in � storage , preparation; conveying or serving food. � � � �, , , , � i � �. I � _._ • - ; ' ' � f � . �• _a���J I �v �•. ' t VENDING MACHINE shall m an any automatic self-service device � which, upon the insertion of a coin, coins , or tokens, dispenses : unit servings of food or be erage either in bulk or packages with- ! out the necessity ;of replen' shing the device between each vending � operation. � f WHOLESOME shall mean s und, healthful , clean, free from ; adulteration and in all way �fit for human food. ' � 291.04 SOUR.CES OF FOOD _ Subd. l . FOOD SUPPLIE:. . Al1 food in food establishments � shall be from sources appro ed or considered satisfactory by the � Health Officer or his autho ized agent and shall be clean, whole- � some , properly labeled, and safe for human consumption. No her- � metically sealed, nonacid a � d low-acid food which has been ; processed in a place other han a commercial food-processing � establishment shall be used Food shall have been protected from contamination and spoilage uring subsequent handling, packaging, and storage , and while in t nsit , f I Subd. 2 . HOME PREPARED FOODS PROHIBITED. No home-prepared ; foods shall be kept or used �n any food establishment . � � Subd. 3. SOUR,CES OF DA Y PRODUCTS. Milk and fluid milk ; products shall• be Grade "A" defined in Chapter 286 of the St . ; Paul Legislative Code and sha '1 be served to the consumer in .the � individual unopened original ontainers in which they were re- ' ceived from the distributor, served' from a bul� container ; equipped with a sanitary dispe sing device; provided, however, � that cream, whipped 'cream, or �alf and half may be poured from � an open original container or om an approved dispenser for use F or service on �the premises; pro ,ided, further, that milk served j at hospitals and institutions m be served from one quart or two ; quart containers packaged at a � lk plant , and mixed milk drinks � requi�ring less than one half pin of milk may be poured from one : quart or two quart containers pa . aged at a milk plant . The j dipping or ladling of milk is pro ibited except for immediate j . cooking purposes . This section s 11 not apply to manufacturing or processing food establishments 'hich make retail or direct sales j � or consumers. � Subd. 4.' SOURCES OF SHELLFISIi. No person shall have or keep in any food establishment any oyster '�, clams , mussels, or other shellfish from a source which is not isted on the current list of State Certified Shippers , issued by t �e United States Public Health Service , and such approval shal be evidenced by an official stamp on the original container. Shuc � d shellfish shall be kept � in the original container until used. �ysters, clams , mussels , , and other shellfish, if served on the sh ,11 , shall be served in the original shell . � l Subd. 5 . SOUR.CES OF FROZEN DAIRY F00 . All frozen dairy i foods shall be from approved sources and sh �ll meet applicable k state laws, �rules , and regulations . , Subd. 6. SOUR,CES OF MEAT AND POULTRY. 't shall be unlawful ' for any person to sell or to have in possessio - for the purpose � of sale , within the corporate limits of the Cit \of St. Paul , the i � .' . ' f . _ :... � r��s � s. `�'��` � , � � .1`� f carcass of any animal , o products containing the parts of a � � carcass of any animal ; un'� ess , � ' (a) It shall have be� n slaughtered, processed, and in- spected in an establishmens, licensed by and operating under the � provisions of the Act of Co gress relating to the Federal inspec- � � tion of ineat an.d meat produ'. ts or licensed by and operating under ; the "Poultry Products Inspe �� ion Act of 1957" ; or unless f (b) It shall have been' laughtered, processed, and in- spected in accordance with th4 laws of a state , or a governmental ; subdivision thereof, which is approved by the Health Officer of f the City of Saint Paul . The �ealth Officer may approve any such � source if the laws under which, it is operating .are substantially ` equivalent to those of this ch ter and are enforced with equal effectiveness by an agency of ��' e state or a governmental sub- i division. � + C 2g1 .05 PACKAGING. f Subd. 1 . LABELING. Food m '• ufacturers or processors licensed , by the City of St . Paul shall com ly with the labeling rules and � regulations promulgated by the St te Commissioner of Agriculture . � � Subd. 2. NEWSPRINT PROFIIBITE�, . It shall be unlawful to f' wrap or pack food in newsprint . ' . � Subd. 3. SINGLE-SERVICE PACKA�ES. Single service wrapping, ' packages, or containers shall not be re-used for storing, trans- i porting, or serving food. '` I, 291 .06 WATER SIIPPLY. � � Subd. l . SAFE WATER AND SAFE WA ER SUPPLY. Safe water from a safe water supply, consisting of ho ' and cold running water under pressure , shall be provided in a �l food establishments ' where food is prepared and where utens ls , equipment , containers , � or hands are washed, with the exceptio of food vehicles which f handle only pre-packaged food. , � � Subd. 2 . WATER SOUR,CES. All water shall be drawn from the municipal water system; provided, howeve , a water supply located on the premises may be used if the water - uality, well location, and well construction conform to the stan �ards of the Minnesota State Board of Health or are approved by e Health Officer �o,�� I his authorized agent . � Subd. 3. CROSS CONNECTIONS TO CITY WA ER PROHIBITED. No direct connection shall be made or permitt�e � to exist between ' the public water supply system of the City o^� St . Paul and any � other source of water. , Subd. 4. FILLING, TRANSPORTING, AND DIS � NSING WATER FROM � CONTAINERS. Water used for drinking purposes, ;which is not dis- pensed through the water supply pipes of the pl��mbing system, i' shall be safe water from a safe water supply an shall be placed ; in an approved container, transported, and disp �sed in a sanitary � manner. � f t r � � � � k . � . ' t , ������ 9'. � Subd. 5 . WATER AND ICE. 11 ice shall be manufactured only from safe water which has een obtained from a safe water supply. Ice manufacturing equ' pment shall be of approved con- struction, and shall be operat d and maintained in a clean and sanitary manner. Ice shall be packaged, stored, and transported under sanitary conditions . Bu kets, scoops , and ice containers, unless they are single-service . utensils , shall be made of a smooth impervious material and desig d to facilitate cleaning. They shall be clean at all times . anvas containers shall not be used. If ice crushers are us.ed, the shall be of such type as to be easily>•�cleanable . They shall e maintained in a clean condition and shall be subject to bacte ' cidal treatment and shall be covered when not in use . � 291 .07 FOOD PROTECTION. Subd. l . PROTECTION FROM .OUTSIDE CONTAMINATION. During and after delivery and while being stored, prepared, displayed, served, or sold in food "establishments or tran.sported between such estab- lishments, all foods shall be dequately protected 'against con- tamination from surfaces which re not clean, utensils which have not been. given bactericidal tre, tment , unnecessary handling, flooding by sewage or drainage , coughs , sneezes , overhead leakage , dust, flies, insects , rodents , a d other vermin, or an.y other source of con.tamination. Protection o� displayed foods shall be accom- � plished by covers, glass or pla tic shelf plates, counter guards or sneeze guards and may consist. of a combination of protective devices approved by the Health 0 ficer or his authorized agent . Subd. 2 . TEMPERATURE OF RE � ILY PERISHABLE FOOD, The temp- erature of readily perishable foo � , during storage , shall be 40° F. or lower, or 150° F. or higher, e �cept during necessary prepara- tion and serving. Foods served co d shall be displayed in or on a refrigerated facility which can educe to and maintain the product temperature at 45° F. or b �low. These temperatures do not apply to those foods stored in app ved vending machines . A temperature variation of 5° F. in r frigerated display cases is permitted during times of ineal servi ce , but not to exceed four hours . All readily-perishable froze food shall be thawed at refrigerator temperatures , or under .old runn.ing tap water from an approved source , or quick-thawed a part of the cooking process . Subd. 3 . FRUITS AND VEGETABLES. Raw fruits and vegetables shall be thoroughly washed with safe w •ter before use . Subd. 4. RE-SERVING INDIVIDUAL PO �TIONS PROIiIBITED. Individ- ual portions of food, once served, shall ,not be served again, � except that wrapped food which has not b en unwrapped and which ' is wholesome , may be re-served. Subd. 5 . TEMPERATURE DURING TRANSPOR: ATION. The product temperature of readily perishable food sha � be maintained at 45° F. or lower, or 150° F. or higher and prote � ted from contamination during transportation from one location. to other by food cart , truck, or catering service as the case may b , except that the temperature requirements shall not apply to t ucks used in the delivery of food stuffs by retail grocers and - etail meat dealers to homes of their customers . � ' . � _ ��(�� �o. �� , Subd. 6. FOOD STORAGE. No food shall be stored at any time in an area not having proper dr inage , or under improperly pro- tected waste or sewer lines, or here condensation may fall , drip or come in contact with such art ' cles. Food shall be stored on racks or similar devices which ' ll prevent the food containers from coming in direct contact wi h the floor. Shelves, pallets , racks and similar devices shall e so constructed that the areas underneath them are easi].y acces ible for cleaning. Subd. 7. FOOD HANDLING. A 1 food shall be handled and served in such a manner as to mi imize the opportunities of con- tamination. Sugar, crackers, an condiments shall be served only in dispensers , containers , or wr pped packages for individual service acceptable to the Health O�ficer or his authorized agent . Subd. 8. TOXIC MATERIALS. oisonous polishing materials are specifically prohibited in al areas used in con.nection with food establishment operations, an only such other toxic materials as are required for sanitary oper tions may be present in such areas. Toxic materials shall be btained, identified, stored, and used only in such a manner and un er such conditions as will not contaminate food or constitute an other hazard to man. Subd. 9. GAME ANIMALS. It s all be unlawful for any person to process in an establishment , wi hin the corporate limits of the City of St . Paul , any game ani •als except in accordan.ce with ' the following provisions: (a) The animal hide or feathe s must be completely removed � before the carcass or parts of a ca ass can be stored in a re- frigerator, freezer, or walk-in cool r that contains any other product edible by humans. (b) The carcass or parts of a c rcass of a game animal must be stored so as not' to come in c �ntact with any other prod- ucts edible by humans. _ (c) A metal container with a tig t-fitting metal cover must be used for the storage of hides, off al and feathers. This container is not to be stored in any re rigerator, freezer, or walk-in cooler where any other edible p duct� is stored. (d) When an establishment receives ame animals , or the carcass or parts of a carcass of game ani als , a report must be made to the Health Officer of the City of St . Paul identi�ying � the animal and describing how it will be p ocessed. (e) Every piece of equipment and all tensils and tools used in the processing of game ankmals must be thoroughly cleaned and sanitiz.ed before being reused on any otYr r edible product . Subd. 10. REGULATIONS FOR TRANSPORTING AT: (a) The meat compartment of all vehicles which are used for transporting meat must be completely enclo , d and have floors, walls, and ceilings which are constructed of sma th, impervious , tight-fitting material that is designed to facil tate cleaning. (b) The product temperature of ineat and mea products shall be maintained at 45° F. or less at all times' except as stated in Section 291 .06 (9) . . � ��1� ��� �7 1� • (c) Meat which is not wra ped must be properly hung on hooks or stacked on clean, smoo h racks. (d) All unwrapped meat , i � cluding beef quarters, must be properly segregated and protect d from contamination by other items such as slack barrels , ca tona , packages or cans. (e) Unwrapped meat or me products shall not be allowed to come in contact with the floor or tailgate surface of a vehicle . (f) All meat and meat pr �ducts must be securely wrapped or � packaged if lugged or carried om a vehicle to a destination which necessitates carrying th product exposed to the elements outside of buildings , over pub ic sidewalks , streets or alleys, or through the customer area o a retail or wholesale market. (g) An.y vehicle which is sed for transporting meat must be kept in proper sanitary con ition at all times when so used and must be thoroughly cleaned iter each daily operation. 291 .08 PERSONNEL. Subd. l . HEALTH AND DISEA E CONTROL. No person, while affected with any disease in a � ommunicable form, or while a carrier of such disease , or whi e afflicted with boils , infected wounds, open sores , or �an acute �respiratory infection, shall work in any area of a food establish ent in any capacity in which there is a likelihood of such person �ansmitting disease , and no licen- see of a food establishment shall permit an employee known or susp cted of being affected with any disease to work in such areas . f the licensee or his manager has reason to suspect that an em � loyee has contracted any disease in a communicable form, or has b ome a carrier of such disease , he shall notify the Iiealth Office immediately. Subd. 2 . INSANITARY PRACTIC S. No person shall engage in any practice which ,is insanitary which tends to be detrimental to the cleanliness and sanitation ' f the food establishment or the health of the patrons thereof. Subd. 3. CLEANLINESS. Al1 em. loyees shall wear clean wash- able outer garments , maintain a hig degree of personal • cleanlineas , and conform to hygieni practices while on duty. They shall wash their hands thorough y in an approved hand�-washing facility before starting work and as often as necessary to remove soil and contamination from hands an nails . No employee shall resume work a�ter visiting the toilet room without first washing his hands. All employees engaged in f od preparation or service shall wear hairnets, headbands , caps , r other effective devices designed to prevent hair from contactin food or food-contact surf aces . Subd. 4. TOBACCO. No person shall expectorate or use tobacco in any form in any area in which food is repared or served, or in any other area where the use of tobacco m�. be detrimental to the sanitation and cleanliness of the food est blishment . This para- graph does not prohibit the use of tobacco , y customers in the dining areas of food-service establishments :, 12. 291 .09 PROCEDUR.E WFIEN INFEC ION IS SUSPECTED. When the Health Officer or his authorized agent has reason- able cause to suspect disease t ansmission from any food establishment employee , he shal � secure morbidity history of the suspected employee or make any ; ther investigation as may be indicated. The Health Officer r his authorized agent shall require any of the following me sures: (a) The immediate exclusi>. n of the employee from all food establishments . (b) The immediate closure of the food establishment until no further danger of disease ou� break� exists. (c) Restriction of the em-• loyee ' s services to some area of the establishment where there w, uld be no danger of his trans- mitting the disease . (d) Adequate medical and aboratory examinations of the employee or other employees , an of his or their body discharges . 291 . 10 CLEANING AND BACTERI�IDAL TREATMENT OF UTENSILS AND EQUIPMENT. - Subd. l . GENERAL. All mul i-use eating and drinking uten- sils shall be thoroughly cleaned ,and sanitized after each use . All kitchenware and food-contact urfaces of equipment used in the preparation or serving of food or. drink, and all multi-use food storage utensils , exclusive of co{�king surfaces of equipment , shall be thoroughly cleaned and s � itized after each use . Uten- sils , pans , casseroles , and the 1 '° e , which are used routinely for oven baking and for no other p'�.rpose , shall not be required to be given a bactericidal treatme t but utensils must be clean. Non-food-contact surfaces of equip ent shall be cleaned at such intervals as necessary to keep theu� in a clean and sanitary con- dition. Al1 kitchenware and food-c ntact surfaces of equipment used in the preparation, service , d splay, or storage of readily perishable• food shall be sanitized g� ior to such use , and follow- ing any interruption of operations d' ring which contamination. of food contact surfaces is likely to h e occurred. Where equipment and utensils are used for preparatio of potentially hazardous food on a continuous or production li e basis , the food contact surfaces of such equipment and utensi � shall be� cleaned and sani- tized at intervals throughout the day , n a schedule approved by the Health Officer or his authorized a ent. Subd. 2. SANITIZE - MANUAL HOT WA� ER METFIOD. This method of bactericidal treatment shall consist f immersion for at least two minutes in. clean, hot water at a tem�erature of at least 170° F. or for 1�2 minute in boiling water. thermometer accurate to plus or minus two degrees Fahrenheit s . all be kept in a con- venient place near the facilities for che + ing the water temper- ature . . Pouring or spraying water over was � ed utensils or equipment is prohibited as a means of bactericidal t eatment except in a spray cabinet or an automatic dishwasher. ater used for bacter- icidal treatment of utensils and equipment all at all times during business hours be kept at a temperature of a least 170° F. and at all other times while utensils and equip � t.-� are being washed � , , . _� , � • ������ � 1.'•J',''. and given bactericidal treatment . A three-compartment sink shall be used, with the first compartmen for washing, the second com- partment for rinsing, and the thir . compartment for immersion sanitizing in water. at a temperatu of at least 1�0° F. The bactericidal compartment must be pr� perly equipped with a heating unit or other means to maintain the specified temperature while in use . Integral drain boards of s fficient size shall be pro- vided at each end o� the sink. Subd. 3 . SANITIZE - MANUAL CH ICAL METHOD. All utensils and equipment shall be clean before eing subjected to bacterici- dal treatment by any chemical metho � Where chemical sanitizing is used, a three-compartment sink sh ll. be required; the first compartment to be used for washing, he second for clear water rinsing, and the third shall be used for a bactericidal solution which shall be composed by one of th ` following methods or other method approved by the Health Office : (a) Completely immersed in clean water containing not less t an 50 parts per million of available chlorine if hypochlorites re used, or not less than 200 parts� per million if chloramines are used, for not less than two minutes at a solution temperatur of not less than 75° F. (b) Completely immersed in clean wat containing not less than 122 parts per million of available io ine in a solution having a pH• not higher than 5 .0 for not less t � an one minute at a solution temperatu_re not less than 75° F. Subd. 4. LARGE EQUIPMENT AND UT SILS. A two-compartment sink shall be provided and used, exce for utensils sanitized in place , for pot , pan, an.d equipment ashing and sanitizing. Each sink compartment shall be adequat in length, width, and depth to permit complete immersion of quipment and equipment com- ponent parts . Hot and cold water shal be provided to the sink so that either compartment can be supplie with water. Integral drain boards shall be provided on each end of the sink. The compartment used for sanitizing must be equipped wi h a heating unit or other means of maintaining a temperature of 1 0° F. or higher while the sink is being used except where the che ' cal method of sanitizing is used. An approved thermometer, accur te to plus or minus two degrees Fahrenheit , must be available to routinely check the water temperature . Bactericidal treatment sha � consist of immersion of the cleaned equipment , parts thereof, rays , pots , and pans for at least two minutes in water of 1�0° F. or higher. Where any food establishment is using a three-c " partment sink in con- formity with the above specifications, th sink may also serve as a pot , pan, and equipment sink. A two-com� artment sink with integral drain boards on both ends may be •sed in food��� establishments using complete single servi � for its customers . Subd. 5 . MECHANICAL SPRAY-TYPE WASIiIN AND BACTERICIDAL . TR,EATMENT. When mechanical spray-type washi g operations are em- ployed, all multi-use utensils and equipment, shall be prescrapped, preflushed, or presoaked. All multi-use ute ils and equipment washed by machine shall be racked or placed o� conveyor belts in such a way that all food contact surfaces sha�. be thoroughly cov- ered by wash and rinse water sprays . Effectiv' detergent concen- trations shall be used at all times. Wash wat�� temperatures shall be at least 140° F. Flow pressure of rinse sha�l be maintained at all times at not less than 15 or more than 25 pounds per square inch in the water line at the machine , and not less t�an 10 pounds per square inch at the rinse nozzles. A control val e may be required and pressure gauge shall be installed immediately�,upstream from the �� �� �� R � l�'�., final rinse sprays to permit adjustment of the flow pressure . The temperatures of the fina rinse water shall be at least 180° F. at the entrance of the ri se manifold while the dishes are being rinsed. Thermometers hich accurately indicate both rinse and wash water temperatures shall be installed on all machines. Conveyors in dishwashing ma � ines shall be accurately timed to assure proper exposure time ' in wash and rinse cycles . Jets , nozzles , and all other part of each machine shall be maintained free of chemical deposits , ebris , and other soil . Automatic detergent dispensers , if us d, shall be kept in proper operating condition. , Subd. 6. OTHER METHOD ,�. An.y other type of machine , device , facility, or procedure may � e approved by the Iiealth Officer or his authorized agent for cl aning or sanitizing equipm�nt and utensils if it can be readi established that such machine , de- vice , facility, or procedure will routinely render equipment and utensils clean to sight and ouch and will provide effective bactericidal treatment as de onstra.ted by an average .standard plate count per utensil surf ce examined of not more than 100 colonies. 291 . 11 STORAGE OF UTENSI S AND EQUIPMENT. Subd. 1 . After bacterici_ al treatment , utensils and portable equipment shall be stored in a clean dry place and protected from flies , dust , splash, overhead akage , condensation, and other contamination and shall be hand ,ed so as to prevent contamination. Wet cold storage of glasses or 'milar utensils is prohibited except with equipment specifical �y approved by the Health Officer for this use . All under-counter � tensil storage compartments ' less than 18 inches from the floo shall be enclosed and the doors shall be kept closed. Enclosed a omatic utensil elevators are acceptable . Facilities for the st � age of silverware shall be provided and shall be designed and aintained to present the uten- sil handle to the employee or custo er. Shelving shall be protected � by smooth, easily cleanable , non-abs , bent material . Whenever practicable , contai�ers and utensils ahall be covered or inverted. Subd. 2 . HANDLING UTENSILS AND E �UIPMENT. Utensils and equipment shall not be handled by the s � rfaces which come in con- tact with food. Fingers shall not touc the rims of cups or glasses, the bowls of spoons , the tines forks , or the blades of knives . � Subd. 3 . STORAGE - ICE CREAM DIPPERS. A running-water dipper-well , connected to a safe water suppl and drained properly to the municipal sewage system, shall be prov ' ed for ice cream dippera and scoops at all locations or station �.where bulk ice cream or sherbet is dispensed. This requiremen �� shall not apply in those situations where ice cream is being ser d at a temporary location. In such cases, containers of water use ' .for ice cream dippers and scoopa shall have the water changed at east every 20 minutes . . 291 . 12 SEWAGE DISPOSAL. All water-carried sewage °Yaall be disposed by means of the public sewerage system of the ci�`trky if such system is available .' When an individual sewage disposa�l system is used, it shall be designed, located, and constructed�.in compliance with City codes and standards of the State Board of � . �-��M,� 1��• (��4�f.. !a�.7 �..� Health; provided, how ver, that food vehicles may dispose of their liquid waste i o receptacles carried on the vehicle for that purpose . This 'aste shall be ultimately discharged into a public sewe�— rage� syst or otherwise disposed of in. a manner which will not endanger an source of water supply, pollute any body of surf ace water, creat a nuisance , or otherwise endanger the public health and safety. 291 . 13 GARBAGE D REFUSE STORAGE AND DISPOSAL. All garbage and rubbish must be s ored in leak-proof, non-absorbent contain- ers which shall be ke t covered with tight-fitting lids. The con- tainers need not be c vered when stored in a special vermin-proof room or in a food was refrigerator. All other rubbish shall be stored in containers, '_ ooms or areas in a man.ner approved by the , Health Officer. The r oms , areas, and containers used shall be adequate for the stora of all garbage and rubbish accumulating on the premises between normal removal intervals. Adequate clean- ing facilities shall be provided and each container, room or area shall be thoroughly cle ed after the emptying or removal of gar- bage and refuse . Garbag and refuse shall be disposed of with sufficient frequency and .in such a manner as to prevent a nuisance . 291 .14 INSECT AND RO �ENT CONTROL. Effective and approved measures must be taken to revent the entrance , breeding, or presence of vermin within food establishment . 2g1 . 15 FLOORS. Subd. l . SUR,FACE MATE AL. The floor surfaces in kitchens and in all other rooms and a eas in which food or drink is pre- pared, manufactured, process , or stored, or in which utensils are washed, garbage or refuse is stored, and in toilet rooms , dressing or locker rooms , and 'n walk-in refrigerators , shall be constructed .of smooth, non-abs rbent , eaeily cleanable materials; provided, that the floors of a as used for the storage of non- refrigerated dry foods need not be non-absorbent . Subd. 2 . GREASE-RESISTANT. The floor covering shall be grease resistant in all areas where grea e or fatty substances are norm- ally used. Subd. 3. RUGS AND CAR,PETS. ese requirements do not prevent the use, of rugs and carpets , if the are kept clean and in good repair, in dining rooms an.d hallways Subd. 4. ABRASIVE STRIPS. Abra 've strips may also be used whereyer deemed necessary to prevent a cidents . Subd. 5 .• SAWDUST PROHIBITED. The use of sawdustvand similar material shall not be permitted, except hen used in fliior-cleaning compounds . ' ' Subd. 6. FLOOR DRAINS. Floor drains shall be provided in all areas where floors are subjected to floodin -type cleaning or where normal operations release or discharge water or other liquid wastes onto the floor. The floors in all th e rooms shall be graded to trapped drain.s . These drains shall � e provided with a reverse flow prevention device . Subd. 7 . EXTERIOR AREAS. The walking and � iving surfaces of all egterior areas where food is served shall • e kept clean, .� � - 16. properly drained, and f nished so as to facilitate maintenanee and minimize dust . � Subd. 8. COVING. �n new construction or in remodeling of existing buildings , floo shall be coved to the walls with a minimum o� one-inch radiu cove . Subd. g. CLEANING - EPAIR. All floors must be kept clean and in good repair. All f oor cleaning shall be performed in such a manner as to preuen � the spread of dust . During floor- cleaning operations, all f ods, food contact surfaces, equipment and utensils are to be prot cted from contamination from splash or dust. ' 291 . 16 WALLS AND CETLI . S. Subd. 1 . CLEANING AND ' PAIR. The walls and ceilings of all rooms shall be kept clea and in good repair. Subd. 2 . SURFACE MATERI� The walls of all rooms or areas in which food is prepared, or � tensils or hands are waahed, shall be easily cleana�le , non-absor ent , smooth, and light colored, and shall have washable surfac ., up to the highest level reached by splash or spray. Subd. 3. ACOUSTICAL MATER LS. Washable acoustical mater- ials which are easily cleanable ,�ay be used on the ceilings, pro- vided ventilation is adequate. to inimize grease and moisture absorption. .� Subd. 4. WALL COVERINGS. Wa- covering material shall be securely sealed to the wall to pre nt dirt and grease a.ccumula- tions or insect harborage . �� Subd. 5 . DECORATIVE MATERIALS. Studs , joists, rafters, lattice work or other decorative mate• .ials in dining or access areas shall be suitably finished and t all be kept clean and in good repair. � Subd. 6. FIXTUR,ES AND ATTACHN�NTS� Light fixtures, fans, hoods, filters; window sills , and other ', imilar equipment or materials attached to walls or ceilings, hall be kept clean. 2�9;1�. 17 -SCREENING. Subd, l : GENERAL. All food manufactu� �ing, processing, preparation, and service areas accessible t flies shall have out- side openings , such as doors or windows , eff �ively screened during fly season and all doors opening to th outside shall be self-closing, unless other effective means are. provided to prevent the entrance of flies and other insects . All , enings shall be protected and constructed to prevent entrance o' flies, other insects, and rodents . Subd. 2 . TYPE AND REPAIR. Doors , windows, a d screens shall be kept clean and in good repair. Screening shall , ot be less than 16-inch mesh wire or plastic material: 5 � � �'� .� \ .� ' : ��� 1� . `���' 2g1 .18 LIGHTING All work surfaces shall be illuminated with at least 20-foo candles of light . At least 10-foot candles shall be provided o all other surfaces and equipYnent , and in dressing and toilet ooms. In storage areas a minimum of five- foot candles of lig t at 30 inches from the floor shall be provided. Subdued lighting in �.ining areas and public access areas is � acceptable; provide . that lighting of 10-foot candles is available and used during the clean-up period. • �, 291 .1g VENTILA `ION. Subd. l . GENE ` L. All rooms in which food is manufactured, processed, prepared '' served, or utensils are washed; and all toilet , dressing, a d locker rooms, and garbage and refuse storage areas, shall be wel �' ventilated. Subd. 2 . � VENT � ATION HOODS. Ventilation hooda and devices shall be installed o' er equipment where grease vapors or smoke are produced in the `reparation of food and they shall be designed so as to prevent gre �se or condensate from dripping into food or onto food preparatio •� surfaces. Filters, where used, shall be readily removable fo - cleaning or replacement. Veritilation of rooms, areas , and eq ,-pment , including gas or oil fire room heaters and water heaters, fr� m which noxious fumes or vapors , contaminated aerosols , or oT�noxiou ' odors may originate , shall comply with the City Building Code . 291 .20 DRESSING R�,OMS AND LOCKERS. Adequate facilities shall be provided for the or 'erly storage of employees ' clothing and personal belongings . � ere employees routinely change clothes within the establishmeri�., one or more dressing rooms or designated areas shall be provided �or this purpose . These facilities shall be located outside the od preparation, storage , and serving areas and outside the utensil ashing and storage areas . The Health Officer or his authorize `� agent may permit dressing rooms in food- storage rooms where only ottled or completely packaged food is stored. Dressing rooms o such designated areas shall be equipped with lockers or other suit ble facilities . Dressing rooms and lockers shall be kept neat nd clean. ; . , 291 .21 TOILET FACILITI . Subd. 1 . WHERE NECESSAR . Food establishments , with the exception of food vehicles an vending machines , shall be provided with conveniently located toil t f acilities for employees . Subd. 2 . ENCLOSUR.ES - VEN LATION. These facilities shall be completely enclosed and provid d with self-closing, tight- fitting doors and mechanica'1 vent ation that provides for at least ten changes of air per 'hour. Subd. 3. FIXTURE DESIGN. Toil t fixtures and seats shall be of sanitary rlesign and readily cle able . Subd. 4. CLEANLINESS. These faci ' ties , including vesti- bules , if provided, shall be kept clean, nitary, in good repair, and free from fliea, insects , and offensi�. oc�ors . .�'��� 1$. � � Subd. 5 . SEPARATE TOILETS. Separate toilets must be furn- ished for each sex when� five or more employees of opposite se� are on duty at any one time . � Subd. 6. TOILET �ISSUE. Toilet tissue shall be provided. Subd. 7. WASTE R��CEPTACLES. Easily-cleanable receptacles shall be provided for � aste materials and, in toilet rooms for women, such receptacle„ shall be covered. Subd. 8. NON-WAT R-CARRIED �-FACILITIES. Where non-water- carried sewage disposa� facilities have been approved by the Health Officer, they s � all be separate from the establishment. Subd, g. FACILIT �h S FOR PATRONS. When toilet facilities are provided for patro , the facilities shall meet the require- ments of this section. Subd. 10: TOILET �' CILITIES j�iERE ALCOHOL SERVED. Al1 restaurants serving alc �• olic beverages and any restaurant having a seating capaci�y of f ' ty or more shall provide separate toilet and lavatory facilities, convenient to the dining area, for male and female patrons. � • 291 .22 HANDWASFIING � CILITIES IN FOOD PREPARATION AREA. � — Subd. l . WHERE NECE� ARY. Food establishments, with the exception of food vehicles and vending machines, shall be provided with adequate convenien.tly ocated lavatories. It shall be un- lawful to use utensil washi,•.g, food washing, or food preparation sinks as facilities for han washing. . Subd. 2 . EQUIPMENT NEE D. Such lavatories shall be equipped with hot and cold r _ ing water supplied under pressure through a combination mixing aucet and the drain must be con- nected to the sewer. Automati , shut-off faucets shall not be permitted. Soap or detergent d approved sanitary towels or other approved hand-drying deviAes shall be provided. Subd. 3.. COMMON TOWELS PRO IBITED. The use of common towels is prohibited. Subd. 4. WASTE RECEPTACLES. �Waste receptacles must be provided for disposable towels . �4 �. S;ubd. 5 . CLEANLINESS,- SOAP TOWEL SUPPLY. All hand-wash- ing equipment shall be kept clean and in good repair arid a suffi�` cient supply of soap and towels shall � e provided. ' 2g1 .23 PLUMBING. Subd. 1 . GENERAL. Plumbing shall b' so sized, installed, and maintained so as to (a) carry adequate . uantities of water to required locations throughout the establ ��hment , (b) prevent contamination of the water supply, (c) prope y convey sewage and liquid wastes from the establishment to the s : ex�age system and (d) not constitute a source of contamination o � food, equipment or multi-use utensils , or create an insanitary - andition or ' nuisance . Subd. 2 . DIRECT SEWER CONNECTIONS PROFIIBITED. Food service equipment such as, but not limited to, refrigerators , ice makers, potato peelers, running water-dipper-wells, and steam tables '��S 19�• �'.����",� � shall not be connected t'� the sanitary sewer. 291 .24 FOOD EQUIPME T AND UTENSILS. Subd. 1. REQUIRED �QUIPMENT. Every food establishment shall be provided with eq ipment , applicable to the operation therein conducted, which s so designed, constructed, installed, located, and maintained a to permit full compliance with the provisions of this ordina� ce . Subd. 2 . NEW AND RE ACEMENT EQUIPMENT. All new and replace- ment equipment and utensil shall be of such material , workmanship, and design to be smooth, e . .sily cleanable , resistant to wear, denting, buckling, pitting,� chipping, crazing, and capable of withatanding scrubbing, sc � ring, repeated corrosive action of cleaning compounds, and otYi .r normal conditions and operations. Food contact surfaces shall be non-toxic. Food contact surfaces and surfaces which come in ntact with food debris shall be readily accessible for clean ng and inspection.. Subd. 3 . INSTALLATION MAINTENANCE. All equipment shall be so installed and maintaine� as to facilitate the cleaning thereof, and all adjacent are ,�,s shall be kept in good repair. Equipment in use at the time adoption of this ordinance which does .not fully meet the above equirements may, be continued in use only if it is of such design a 'd is installed and maintained so that it can be kept clean and � nitary. Subd. 4. STANDARDS FOR NE EQUIPMENT. All equipment in- stalled after the passage of �hi ordinance shall comply with, or be equivalent to , Standards l , 2 , � 3, 4, 5 , 6, �, 8, 12 , Cl , and C2 of the National Sanitation Fo dation, or with the Vending Machine Evaluation Manual of the j�ztomatic Merchandising Health Industry Council of the National A �tomatic Merchandising Association, or with the Baking Industry Sanita on Standards Committee . These standards are hereby adopted and in rporated herein by reference and a==marked official copy of said s �andards shall be kept on file in the office of the �City Clerk and i the Bureau of Health. All food-service equipment not covered by hese standards shall be approved by the Health Officer of his ��uthorized agent . Subd. 5 . SINGLE-SERVICE UTENSILS�� AR,TICLES. Single-service utensils or articles shall have been man �factured, packaged, trans- ported, stored, and handled in a sanitary �manner. Subd. 6. GLASS-FILLING DEVICES. Gla� s-filling devices shall be constructed so , as to prevent any contact�``�of the upper 1�3 of the glass with the device and in such a mann�r that no portion of the device extends into the glass. Subd. 7. UNNECESSARY EQUIPMENT PROHIBITED. Only equipment and utensils necessary in the coriduct of the foo business under license shall be stored in the food service or foad preparation area. , Subd. 8. POSSESSION EVIDENCE OF INTENDED USE. � The presence of utensils and equipment in the food service or foo preparation area shall be prima facie evidence of intended use . � .� � < � �� . ��{ :� 20 . Subd. 9. CUTTING URFACES. Cutting blocks and boards and baker ' s tables may be of hard maple , hard rubber, phenolic lam- inate , or equivalent mat� rial which is non-toxic , smooth, and free of cracks, crevices and open seams. Cutting boards shall be easily removable for � leaning and sanitizing. 291 .25 HOUSEKEEPING Subd, l . GENERAL. � A11 parts of the food establishment and its premises shall be ne _ t, clean, and free of litter and refuse . Cleaning operations shal be conducted in such a manner as to minimize contamination o food and food contact surfaces. None , of the operations connect d with a food establishment shall be conducted in any room use as living or sleeping quarters. Subd. 2 . SOILED LI N. � Soiled linens, coats and aprons shall be kept in approved ontainers and stored in an approved place un.til removed for la ndering. Subd. 3. ANIMALS PR4 IBITED. No live birds or animals shall be allowed in any area wher food is manufactured, processed, pre- pared, stored, or served; p ovided, however, guide dogs accompany- ing blind persons may be per itted in food-service establishments . J Subd. 4. SEPARATION 0 DOMESTIC AR,EAS. No habitable room, bathroom, or water closet com artment which is accessory to a dwelling unit shall open dire tly into or shall be used in con- junction with a food establish ent . , � Subd. 5 . DOMESTIC OPERA ONS PROHIBITED. No laun.dering, barbering, toilet preparation o similar domestic operation shall be �conducted in any room in whic food is manufactured, processed, prepared, or served. Subd. 6. JANITORIA.L EQUIP T. This equipment shall be stored in an approved manner in an area other 'than a food prepar- _. ation area, food storage area, or ilet room. 2g1 .26 ITINERANT FOOD ESTABLIS�IENT. An itinerant food establishment conducting an unrestri �ited operation shall comply fully with the provisions of this ordf�nance . When restricted operations are conducted, the Health � ficer or his authorized agent may accept modified physical fac ities, may prohibit the sale of certain potentially hazardous • ods , and may augment re- quirements when such action is necessar in the interest of the public ' s health. 291 .27 VENDING MACIiINES. Each vendi . machine licensed under this chapter and Chapter 337 shall be cons �ructed and maintained as follows: Subd. 1 . WHOLESOME INGREDIENTS. Each achine shall be filled only with wholesome ingredients which ave been manufactured, packaged, and stored under sanitary conditions; and transported to the machine in sanitary containera or vehicles. Subd. 2 . INSPECTION - ACCESS. The own.er �.r operator of all such vending machines shall , whenever requested, �, ake provision for the Health Officer or his authorized agent to�' ave access to the interior of all vending machines operated by h � . 2�:. Subd. 3. CLEANLINE �S. The licensee shall maintain each vending machine in a cle and sanitary condition at all times . Subd. 4. LOCATION DESIGN. Each machine must be so de- signed as to protect agai�• st infestation of insects , rodents, or other vermin and to prote •t against the en.trance of dust , dirt , rain, overhead leakage , o . other sources of contamination, and shall be So constructed a d operated as not to create a rodent harborage . The machine l � cation shall be such as to minimize the potential for contami �'ation of the food, shall be well-lighted, easily cleanable , and the . urroundings shall be so maintained so as not to create an insani, ary or unsightly �condition. Subd. 5 . CONSTRUCTIO . Each machine shall be so designed that it may be readily cle ned. The walls, floor, ceilings , covers, lids , and other ph �sical features shall be of such con- struction as to withstand r�peated cleanings. Subd. 6. INTERIOR AND COMPONENT PARTS. All interior sur- faces and component parts o' the vending machine shall be so designed and constructed as o be readily cleaned in place or removable for cleaning oper ions , and shall be kept clean. All food contact su"rfaces of the machine shall be smooth, non-toxic in themselves or in combinat on with food, corrosion resistant and of relatively non-absorbe, t material , arid shall be capable of withstanding repeated cleani and sanitizing by normal procedures . Each vending machine shall be �so constructed that it may be opened and all parts thereof made ace�essible for inspection purposes by the Health Officer or his auth� rized agent . Subd. '7. SELF-CLOSING D0 - A vending machine which dis- penses a cup to receive food sh ll have the serving door protected from dust and vermin infestatio � by means of a self-closing device . . Subd. 8. TEMPERATURE. TheFtemperature of all vending machines which dispense perishabl unfrozen food shall be main- tained at a temperature of 45° F. or below. Exceptions may be made for the time required to loacl or otherwise service the machine and for a maximum recovery eriod of 30 minutes following completion of loading or servicing • perations. In the case of hot food vending machines , a maximu � period .of 120 minutes shall be allowed to heat food through the 5° F. to 140° F. temperature zone . In hot food vending machines ' ich are not equipped with refrigerated storage there shall be n��, time delay to preclude heat from being applied to perishable food 'mmediately after it is loaded or place`d in the macl�ine . Peri able food, once it has been heated to a temperature of 140° F: or above , shall be main- tained at this temperature un.til served � r discarded. Subd. 9. AUTOMATIC CONTROLS. Vendi� g machines dispensing perishable food shall be provided with ad '� uate refrigerating or heating units , or both, and with thermosta�' c controls which ensure the maintenance of applicable temper�tures at all times . Vending machines shall also have controls wh:�' ch prevent the ma- chine from vending perishable food in the eve t of a power failure or other condition which results in noncompli ,�ce with temperature requirements in the food storage compartment . �3ot food vending machines designed to heat food through the 45° �� . to 140° F. temperature range shall also be equipped with au omatic controls � ' 4 `�. w. i-, �'�t,4 �� „r - . , . 22 . �3�`���� which render the machin incapable of vending perishable fo�od in the event that heating hrough this temperature range is not accomplished in 120 min tes or less . Readily perishable food which has failed to con orm to the time-temperature requirements of this item shall be r moved from the vending machine and not made available for sale unless inspected and approved by the Flealth Officer as safe or human consumption. Vending machines dispensing readily peri hable food shall be provided with one or more thermometers which to an accuracy of plus or minizs 2° F. , indicate the air temper ture of the warmest part of the refriger- ated food storage compa tment or coldest part of the heated food storage compartment , wh' chever is applicable . Subd. 10. WATER. 11 water used in vending machines shall be drawn from a safe wat r supply. Vending machines shall be so designed, constructed, i stalled and operated as to prevent the production of toxic subs �ances in the water or the back siphonage of liquids or gases into the water supply line . Subd. 11 . IDENTIFIC� TION OF OPERATOR. Each vending machine shall have posted thereon� a label or sign stating the name , address and telephone number of the person responsible for its operation. 291 .28 VEHICLE IDENTI ICATION. Each food vehicle licensed by the city shall have priri ed on each side of said vehicle in plain le�ters not less than� two inches in height , the name and ' business address of the lic see . 2g1 .29 SUBMISSION OF P '� S. When a food establishment is hereafter constructed 'orJ an e isting food establishment is altered, detailed plans or suitable dr� wings and equipment specifications shall be submitted to the Hea, th Officer or his authorized agent , and such plans and equipment slecifications shall be approved by the Health Officer or his auth� , ized •agent before such work is begun. Plans and specificatioii shall be in sufficient detail so that an accurate and complete a° raisal can be made as to compli- ance with the provisions of the � ,rdinance . � . ,, - 291 . 30 PRESENCE_OF FOOD IND ATES INTENT TO SELL. The pres- ence of any food in a food establ�i�shment shall be prima facie evidence of possession for the pur, ose of sale . 291 .31 INSPECTION. The Health Officer or his authorized agent after proper identification, y, during all operating hours and at any other reasonable time , en. er into and inspect every part of any food establishment opera�; ng under the provisions of this ordinance . 291 .32 INSPECTION OUTSIDE CORPORA'>, LIMITS OF ST. PAUL. The Health Officer or his authorized agent �'�iall be authorized to in �.. � . 1 23. � . 291 . 34 SAMPLES TES��ING. The Flealth Officer of his author- ized agent may take samples of food necessary for the purpose of analyzing and examining?� Every person engaged in manufacturing, , processing, storing, o� selling food within the City of St . Paul . shall , upon request , furnish reasonable samples free of charge to the Flealth Officer or his authorized agent who shall issue a receipt for the same. � �� 291 .35 EMBARGO AND DETENTION. � Subd. 1 . RETAINFD. The Health Officer or his authorized agent may attach a ta'�g� or issue a written notice of embargo or detention and thereby��retain any food, clothing, equipment , utensil , or thing which, by reason of origin, dirt , filth; ex- traneous matter, inse�Cts, other vermin, temperature , corrosion, open seams, chipped o� cracked surf aces, is unfit for use . Such tag shall be printed �.s follows: "St. Paul Bureau of Health. " "Retained. " The Aeal�,h Officer or his authorized agent shall record the tag numbe"r kind and amount of item retained. The tag shall accompany tY;�e retained item at all times. If, upon final inspection the �'.tem is approved, the Health Officer shall cause the removal of �. e "Retained" tag. Subd. 2 . CONDE �D. When food is condemned, the original mark, stamp , or label �hereon shall be removed or defaced and the Health Officer or his uthorized agent shall attach a tag read- ing: "St . Paul Bureau � f Health. " "Condemned. " This tag shall accompany this food unt '1 its ultimate disposal . The Health ' Officer shall cause the � emoval of the "Condemned" tag upon final disposition. Subd. 3. UNLAWFUL 0 USE OR REMOVE. It shall be unlawful for any person to remove !Condemned" or "Retained" tags from any food, utensil , or any oth r item, or to remove or use such food, equipment , clothing, or a ' other item to which a tag has been attached, or to remove , se �rl , give away, or otherwise dispose of any item under detention� e cept by the direction' o� the Health Officer or his authorized a _ent . _ 2g1 . 36 WR,ITTEN NOTICE T �. REMOVE UNWHOLESOME FOOD. The Health Officer or his authori� ed agent upon determining that any food which is offered or held � or sale within the city is adul- terated, decayed, diseased, un'holesome or for any cause unfit for human food, shall at once 've the person in charge thereof written notice to at once remov the same to such place as the Flealth Officer or his authorize agent may designate or destroy the same as directed. 291 .37 ENFORCEMENT. The Heal h Officer or his authorized agent shall have the duty and the � thority to enf.orce the pro- visions of this ordinance . 291 .38 RULES AND REGULATIONS. T � e Health Officer may promul- gate rules and regulations as he deems necessary to carry out the aims of this ordinance and protect the "ealth of the public . � 291 . 39 PENALTY. Any person who viol ,tes any of the provisions ?of thi=�s ordinance shall be guilty of a mis��emeanor. ``� y�, �, • ' . �, i Orl�aal tqCtty Clnrlc �� � ORDINANCE � ,6 - 23�� � COUNCIL FILE NO PRESENTED BY � ORDINANCE NO -- 2�. Section 2. That Cha. ters 292, 294, 295 , 296, 297, 298, • 299, 300, 301 , 302, 303 a d Sections 265.40 through 265 .47, in— clusive , of the St. Paul egislative Code be and the sa.me are hereby repealed. Section 3. That sho ld any section, subsection, paragraph, subdivision, clause or o� er part of this ordinance be declared by a court of competent j risdiction to be invalid, such decision shall not affect the vali ity of the ordinance as a whole , nor of any part thereof, other t an the part so declared to be invalid. Section 4. That thi ordinance shall take effect and be in full force thirty days af er its passage, approval and publication. , - Yeas Councilmen Nays Pasae y the Councii Carlson Dalglish Holland n Favor Meredith gainst Peterson Tedesco Mr. President (Byrne) Approved: Attest: City Clerk Mayor� �O Form approved Corporation Counael By � . _ ��" _ ' - ' � . ' " -' ,-• � • .." _ � � - � ' _ _ ._ _ . � . _ - ,, �-, ". -- ,_ ; , . - - . , ,.. , , - r ' � ` 1 * • �~ � � - � • . � � . _ ,� _ . _ _ • � ' ' � . . � . _ . �. I � . 4 ' ' . . • _ ; � ' ', ` � " . '\ • , . � � �' -_ � ` " � ' " . � . . ' _ ,- � ' a - _ - "i . ' + . " , ., __ ' • i�_ ` " - . - � ' ' . . , `. ` . -; - -.. _ '. � . . -_ `_ ` . + - s '' • •- • . . . .� . _ r ', J��16, 1� _ . -, `- - . . _ __ 1_ , . _ ' . , , _ _ ` • _ ' ' - . `-- � . -- '_ _. :� _ ' . . � . - .. � _ �- , ; -• . z• . _ • - � - - , _ ' . r ' , � � .J " • , I � - ♦ _ - n ' ' � • � � _ - __ . - . � . - Mr. Joaeph P. Suaeners °, - ' - � . - � . _ Corpoxation Counsel . :� � - - � - , " r T - _ - . � _ Building . . � . - . . - . .. , � Deax S3r:�• _ - " - , Attent • Mr. De.n Rlas� - . _ � - - �� � -- _ - - . . - -_ - . - - . �� - . For your�information, Couricil File : 2 6; the proposed ordi�tance ' _ . � regulating the processing, distribut d eale o�' Pood., ha,s� t�e�n� � ` � � __ , � laid over Por�Third..Readi ��nd1A rov of Form to July 23rd. . _ � � � .. � . � ' .: � . 4 - ; ' . ' ` - _ • , � . , . r ` ` Very truly. Y.oure; -,� � .. • . . . " ' ,. � � ' .. / ,- - • . _ . . ,� i , _ , _ , �` � 4�� � _ . , . City Clerk , ' - , .-. -: � . ng _ - .. • t , , -" ;. - . ' � : . .. - . � . . - -. •� . - . . ; . . , . ` ' ` . • a ` ' - Y _ " ' � - 4 J ' � �fi . � ' - _ .' . " _ � �, ^ _ ! _ a . : � ,. � � • • • • ' ^ . �T.r � � , � � . . � \ ` � " - . �a � . . � i t : � i � •, ,_ ' , ._ T .� r _ � _ , . L . • � _ _ �'I . . , _ . ' , - ' ' , _ - - r . - � - - , - .. - 'J -. .� . ,' - -_ � ' �, -. .e _ � �. _ . ~ . . � . , . --�" �� •y - . _ ' , - , �_ � - . ` � _� - • � , ° , . ' ° - , s . 'ca . . , ' • - r . , t. . . �. 1� - - • ,. - , _. �- y�'. .. , ' ' Y r ^� - ; ' _` s •• . + - �' . , _ .. ' i • _ � , . " . , . , a � j � }.. � - � _ .s , • -, -, - ' . .. � , /�` i ' -� ' . . : � _ ., - , ' _ � ' ` � ° , _ 7 - _ � . � �.. - t , '' � . � -a' . . � . , r ' � , • • : . , i . . . .. ` � , • . - . - . � � , � . � 4 , - , . � - _^ ' ' ' ' ._ _ � • ' ' - ' ` . ` ' ' ' T � .,� � - WILLIAM E. CARLSON CITY OF SAINT PAUL Commissioner Capital of Minnewte ROGfiR M.CONWAY � //• D�on�,�m�.�� �e a�t�ec�t a c�blic a et � � �AJ /Ju.�EQ2.j. �� �EQLL/L ' `��r�_q Nealth Center-555 Cedar Street �''�� L St. Paul. Mtnneaota 55101 June 21 , 1968 Daniel Klas ' Special Asst. Pros . Attorney Room 316 City Hall � Saint Pa.ul, Mi.nnesota. 55102 Dear Mr. Klas: The final draft of the Food Ordinance appears to be satisfactory and I recommend its introduction for consideration to the City Council. � This ordinance had been in its formative stages for two years . The 1962 U. S. Public Health Service, Food Service Sanita.tion Manual, and , other city and state regulations serve as a gui e in its preparation. The draft has been reviewed by the State Departments of Health and Agriculture and their recommendations were placed in the proposal. The ordi.nance provides requirements for all food esta.blishments within the city, and also a more realistic classi.fication of the va.rious food es- tablishments . One of the signi.ficant contributions of its adoption will be . the codification of twelve separate food ordinances. The food industry may well welcome one ordinance which clearly defines the public health and licensing requirements . Further, sanitarians and license inspectors will have a document which clearly dictates their areas of activity. -,. A sincere effort was made to allow all facets of the food industry to re- view and present comments regarding the proposed ordinance . Copies were mailed to the Vending Machine Ass�iatio�i, St. Pa�.7. Reta.il Gro- cers' Association, Liquor Dealers' Association, St. Pau].�Reta.il Butch- ers' Association, and the St. Paul Food Retail Association. Several changes were made at their request. There is a slight change in the method of determi.ning license fees which was n�ot brought to their at- tention. However, we do not expect too much controversy because of this change. Please notify Dr. Cox when the ordi.nance is presented to the City Coun- cil. - We appreciated your interest and counsel in the preparation of this or- dinance. - S' cere , �.�- , . ^ , B. . Mears, M.D. He lth Officer C-^� �„a � � B��1�rmPaul J n Cox illam Carl�p : , Ist " 6 2nd � 1� Laid ove to 3rd and app �4dopted a Yeas � lNays Yeas Nays arlso"n L3 �carlson Dalglish �alglish t�h �eredith 23���� Peterson eterson Sprafka I \$prafka � O Tedesco \Tedesco � Mr� i ea Byrne Mr. President Byrne �O