01-864Council File # O\ -hV
Ordinance #
Green Sheet # � d3 R' 3�
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ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Committee: Date
An ordinance amending Chapter 331A of the
Saint Paul Legislative Code; properiy citing
state law for Food Manager Certificarion
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Sec. 331A.07. Standards for Health, Safety, and Nuisance.
(a) Standards Adopted. Minnesota Rules, Chapter 4626 (Minnesota Food Code) in effect on the effective date of
this ordinance, as it may be amended from time to rime, is hereby adopted by reference and made a part of this
ordinance except as otherwise expressly provided in this ordinance.
(b) Standards Amended. The standards imposed by the above adopted rules, as incorporated herein by reference,
are hereby modified as follows:
(1) The standard imposed by Minnesota Rules 4626.1050, paragraph A is modified as
follows: A handwashing lavatory shall be equipped to provide water at a temperature
of atleast 43 degrees C(110 degrees F),but not morethan 54 degrees C(130 degrees
F), through a mixing valve or combination faucet, except that the maximum
temperature in a food estabiishment utilizing a hot water sanitizing dishwashing
machine that was installed prior to August 29, 1993 shall not exceed 140 degrees F.
(60 degrees C.) from the faucet.
(2) Except for food establishments licensed under the authority of Minn. Stat. Chapter
28A, the standard imposed by Minnesota Rules 4626.1325, paragraph A,
subparagraph (3) is modified as foilows: nonabsorbent and constructed of material
which resists the wear and abuse to which they are subjected such as quarry tile,
ceramic tile, or terrazzq for food preparation, food serving, wait station, kitchen, bar,
walk-in refrigeration, warewashing, toilet, mobile food establishment servicing,
handwashing, janitorial, laundry, and interior garbage and refuse storage areas; areas
subject to flushing or spray cleaning methods; and other areas subject to moisture.
35
1
PtTBt.ISHED
a�
OCT 11 'U1
1 (3) The standard imposed by Minnesota Rules 4626.1440 is modi£ed as follows:
2 Each handwashing lavatory or group of two adjacent lavatories shall haue available:
3 a. a supply of liquid, powder or bar soap; ���l'by.
4 b. a nailbrush at the handwashing lavatory used by employees; and
5 c. a sign directing food service employees to wash their hands.
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(4) The standard imposed by Minnesota Rules 4626.1715, pazagraph B, is modified as
follows: A party may appeal the denial, revocation, or refusal to renew a variance in
accordance with and subject to all condirions of the Saint Paul Legislative Code,
unless atherwise provided herein.
(c) Food Manager Certification.
(1) A licensee shall maintain in employxnent at each licensed establishment at least one
owner, manager, or supervisor who spends a substantial amount of his or her working
hours at the food establishment, has completed an approved food service manager
certificarion program, and is registered with the 9ffiee-arthe Minnesota Department of
Health as a Certified FoodManager in accordance with MinnesotaRules 4626.2000 thru
4626.2025.
: . • : : .� : : .: : � :
. : . . . :� :.. . • ::: : :.
. : :.: : �: . .. . .:. . :
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. . .. :. . :.. . .: ::. :. � : :::
... ... . :: : . .: .: ::. :.:
_.
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�:"� �;�`f i��%�a�
2
� Section 2
_'.� . -° O � _ �` f.K
This ordinance shall take effect and be in full force thirty (30) days following its passage, approval and publication
.
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18 Adopted by Council: Date �ool
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20 Adoption Certified by Council Secretary
21
Requested by Department of:
Office of License, Inspections and Environmental
Protection
�-
B•
Form Approved by City Attorney
By: _O �
22 BY. �,..�_ a (� Approved by Mayor for Submission to Council
tl-�
23
24 Approved by Mayor: Date � S��� BY� �/i���
25 �''�!���vc /�/'�//
26 By: �gJ°b'�.lS�?�
� � � `��
OFFICE oF LIEP Date: GREEN SHEET
Roger Curtis August 2, 2001
266-9013 NO . 103 831°� ����
1 EPARTMENT DIRECTOR 4 ITY COUNCIL
� 'Z ITY ATTORNEY ITY CLERX
•,maia
ust be On CounCil Agelldd by: '°"'° ��' nxaEC�rox IN. 8 MGT. SVC. DIR.
�
YOR (OR ASSISTANi')
OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
ordinance amending Chapter 331A of the Saint Paul Legislative Code; properly
citing state law for Food Manager Certification and eliminating conflicting
language between the Saint Paul legislative code and the Minnesota food code.
CO[�NDATIONS: APPAOVE (A) OR REJECT (R) RSONAL SSRVICE CONTRACTS D1tIST ANSWER THE FOLLOWING:
PI,ANNING COt4fI55I0N CIVIL SERVICE COMMISSION 1. Has the person/firm evei wosked under a contract for this department?
CSB COF4fITTEE BUSINESS AEVIEW WVNCIL YES NO
STAFP _ Has [his person/firm ever been a City employee?
DISTRICT COURT YES NO
3. Does this person/firm possess a skill not normally possessed by any
PPORTS WHICH COUNCIL OBJECTIVE? Current City employee?
YES NO
laia all YES ausvrera oa a eeparate aheat and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
nen the revised food code was adopted on May 2, 2001, the applicable state law
regarding food manager certification requirements was not properly cited. In
addition, there is a conflict between City Ordinance and the state food code
egarding the food manager requirements. This conflict must be resolved to
ring the City into compliance with our delegation agreements with the
innesota Departments of Health and Agriculture.
VANTAGES IF APPROVED:
he appropriate section of the state food code will be referenced in the City
rdinance. The City will eliminate conflicting language between the City -
rdinance and the state food code and will be in compliance with the Minnesota
epartments of Health and Agriculture delegation agreements.
ISADVANTAGES IF APPROVED: �C
None
Q a0'R
ISADVANTAGES IF NOT APPROVED:
he City will continue to be in conflict with the state food code and the
elegation agreements between the City and the Minnesota Departments of Health
nd Agriculture, which could result in sanctions by either of these
epartments.
OTAL AMOUNT OF TRANSACTION $ 0 COST/REVENUE BUDGETED YES NO
UNDING SOURCE N/A ACTIVITY NiIMBER N/A
INANCIAL INFORMATION: (EXPLAIN)
Council File # O\ -hV
Ordinance #
Green Sheet # � d3 R' 3�
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34
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Committee: Date
An ordinance amending Chapter 331A of the
Saint Paul Legislative Code; properiy citing
state law for Food Manager Certificarion
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Sec. 331A.07. Standards for Health, Safety, and Nuisance.
(a) Standards Adopted. Minnesota Rules, Chapter 4626 (Minnesota Food Code) in effect on the effective date of
this ordinance, as it may be amended from time to rime, is hereby adopted by reference and made a part of this
ordinance except as otherwise expressly provided in this ordinance.
(b) Standards Amended. The standards imposed by the above adopted rules, as incorporated herein by reference,
are hereby modified as follows:
(1) The standard imposed by Minnesota Rules 4626.1050, paragraph A is modified as
follows: A handwashing lavatory shall be equipped to provide water at a temperature
of atleast 43 degrees C(110 degrees F),but not morethan 54 degrees C(130 degrees
F), through a mixing valve or combination faucet, except that the maximum
temperature in a food estabiishment utilizing a hot water sanitizing dishwashing
machine that was installed prior to August 29, 1993 shall not exceed 140 degrees F.
(60 degrees C.) from the faucet.
(2) Except for food establishments licensed under the authority of Minn. Stat. Chapter
28A, the standard imposed by Minnesota Rules 4626.1325, paragraph A,
subparagraph (3) is modified as foilows: nonabsorbent and constructed of material
which resists the wear and abuse to which they are subjected such as quarry tile,
ceramic tile, or terrazzq for food preparation, food serving, wait station, kitchen, bar,
walk-in refrigeration, warewashing, toilet, mobile food establishment servicing,
handwashing, janitorial, laundry, and interior garbage and refuse storage areas; areas
subject to flushing or spray cleaning methods; and other areas subject to moisture.
35
1
PtTBt.ISHED
a�
OCT 11 'U1
1 (3) The standard imposed by Minnesota Rules 4626.1440 is modi£ed as follows:
2 Each handwashing lavatory or group of two adjacent lavatories shall haue available:
3 a. a supply of liquid, powder or bar soap; ���l'by.
4 b. a nailbrush at the handwashing lavatory used by employees; and
5 c. a sign directing food service employees to wash their hands.
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(4) The standard imposed by Minnesota Rules 4626.1715, pazagraph B, is modified as
follows: A party may appeal the denial, revocation, or refusal to renew a variance in
accordance with and subject to all condirions of the Saint Paul Legislative Code,
unless atherwise provided herein.
(c) Food Manager Certification.
(1) A licensee shall maintain in employxnent at each licensed establishment at least one
owner, manager, or supervisor who spends a substantial amount of his or her working
hours at the food establishment, has completed an approved food service manager
certificarion program, and is registered with the 9ffiee-arthe Minnesota Department of
Health as a Certified FoodManager in accordance with MinnesotaRules 4626.2000 thru
4626.2025.
: . • : : .� : : .: : � :
. : . . . :� :.. . • ::: : :.
. : :.: : �: . .. . .:. . :
..
. . .. :. . :.. . .: ::. :. � : :::
... ... . :: : . .: .: ::. :.:
_.
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�:"� �;�`f i��%�a�
2
� Section 2
_'.� . -° O � _ �` f.K
This ordinance shall take effect and be in full force thirty (30) days following its passage, approval and publication
.
7
8
9
10
11
12
13
14
15
16
17
18 Adopted by Council: Date �ool
19
20 Adoption Certified by Council Secretary
21
Requested by Department of:
Office of License, Inspections and Environmental
Protection
�-
B•
Form Approved by City Attorney
By: _O �
22 BY. �,..�_ a (� Approved by Mayor for Submission to Council
tl-�
23
24 Approved by Mayor: Date � S��� BY� �/i���
25 �''�!���vc /�/'�//
26 By: �gJ°b'�.lS�?�
� � � `��
OFFICE oF LIEP Date: GREEN SHEET
Roger Curtis August 2, 2001
266-9013 NO . 103 831°� ����
1 EPARTMENT DIRECTOR 4 ITY COUNCIL
� 'Z ITY ATTORNEY ITY CLERX
•,maia
ust be On CounCil Agelldd by: '°"'° ��' nxaEC�rox IN. 8 MGT. SVC. DIR.
�
YOR (OR ASSISTANi')
OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
ordinance amending Chapter 331A of the Saint Paul Legislative Code; properly
citing state law for Food Manager Certification and eliminating conflicting
language between the Saint Paul legislative code and the Minnesota food code.
CO[�NDATIONS: APPAOVE (A) OR REJECT (R) RSONAL SSRVICE CONTRACTS D1tIST ANSWER THE FOLLOWING:
PI,ANNING COt4fI55I0N CIVIL SERVICE COMMISSION 1. Has the person/firm evei wosked under a contract for this department?
CSB COF4fITTEE BUSINESS AEVIEW WVNCIL YES NO
STAFP _ Has [his person/firm ever been a City employee?
DISTRICT COURT YES NO
3. Does this person/firm possess a skill not normally possessed by any
PPORTS WHICH COUNCIL OBJECTIVE? Current City employee?
YES NO
laia all YES ausvrera oa a eeparate aheat and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
nen the revised food code was adopted on May 2, 2001, the applicable state law
regarding food manager certification requirements was not properly cited. In
addition, there is a conflict between City Ordinance and the state food code
egarding the food manager requirements. This conflict must be resolved to
ring the City into compliance with our delegation agreements with the
innesota Departments of Health and Agriculture.
VANTAGES IF APPROVED:
he appropriate section of the state food code will be referenced in the City
rdinance. The City will eliminate conflicting language between the City -
rdinance and the state food code and will be in compliance with the Minnesota
epartments of Health and Agriculture delegation agreements.
ISADVANTAGES IF APPROVED: �C
None
Q a0'R
ISADVANTAGES IF NOT APPROVED:
he City will continue to be in conflict with the state food code and the
elegation agreements between the City and the Minnesota Departments of Health
nd Agriculture, which could result in sanctions by either of these
epartments.
OTAL AMOUNT OF TRANSACTION $ 0 COST/REVENUE BUDGETED YES NO
UNDING SOURCE N/A ACTIVITY NiIMBER N/A
INANCIAL INFORMATION: (EXPLAIN)
Council File # O\ -hV
Ordinance #
Green Sheet # � d3 R' 3�
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34
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Committee: Date
An ordinance amending Chapter 331A of the
Saint Paul Legislative Code; properiy citing
state law for Food Manager Certificarion
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Sec. 331A.07. Standards for Health, Safety, and Nuisance.
(a) Standards Adopted. Minnesota Rules, Chapter 4626 (Minnesota Food Code) in effect on the effective date of
this ordinance, as it may be amended from time to rime, is hereby adopted by reference and made a part of this
ordinance except as otherwise expressly provided in this ordinance.
(b) Standards Amended. The standards imposed by the above adopted rules, as incorporated herein by reference,
are hereby modified as follows:
(1) The standard imposed by Minnesota Rules 4626.1050, paragraph A is modified as
follows: A handwashing lavatory shall be equipped to provide water at a temperature
of atleast 43 degrees C(110 degrees F),but not morethan 54 degrees C(130 degrees
F), through a mixing valve or combination faucet, except that the maximum
temperature in a food estabiishment utilizing a hot water sanitizing dishwashing
machine that was installed prior to August 29, 1993 shall not exceed 140 degrees F.
(60 degrees C.) from the faucet.
(2) Except for food establishments licensed under the authority of Minn. Stat. Chapter
28A, the standard imposed by Minnesota Rules 4626.1325, paragraph A,
subparagraph (3) is modified as foilows: nonabsorbent and constructed of material
which resists the wear and abuse to which they are subjected such as quarry tile,
ceramic tile, or terrazzq for food preparation, food serving, wait station, kitchen, bar,
walk-in refrigeration, warewashing, toilet, mobile food establishment servicing,
handwashing, janitorial, laundry, and interior garbage and refuse storage areas; areas
subject to flushing or spray cleaning methods; and other areas subject to moisture.
35
1
PtTBt.ISHED
a�
OCT 11 'U1
1 (3) The standard imposed by Minnesota Rules 4626.1440 is modi£ed as follows:
2 Each handwashing lavatory or group of two adjacent lavatories shall haue available:
3 a. a supply of liquid, powder or bar soap; ���l'by.
4 b. a nailbrush at the handwashing lavatory used by employees; and
5 c. a sign directing food service employees to wash their hands.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(4) The standard imposed by Minnesota Rules 4626.1715, pazagraph B, is modified as
follows: A party may appeal the denial, revocation, or refusal to renew a variance in
accordance with and subject to all condirions of the Saint Paul Legislative Code,
unless atherwise provided herein.
(c) Food Manager Certification.
(1) A licensee shall maintain in employxnent at each licensed establishment at least one
owner, manager, or supervisor who spends a substantial amount of his or her working
hours at the food establishment, has completed an approved food service manager
certificarion program, and is registered with the 9ffiee-arthe Minnesota Department of
Health as a Certified FoodManager in accordance with MinnesotaRules 4626.2000 thru
4626.2025.
: . • : : .� : : .: : � :
. : . . . :� :.. . • ::: : :.
. : :.: : �: . .. . .:. . :
..
. . .. :. . :.. . .: ::. :. � : :::
... ... . :: : . .: .: ::. :.:
_.
29
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35
36
37
38
39
40
41
�:"� �;�`f i��%�a�
2
� Section 2
_'.� . -° O � _ �` f.K
This ordinance shall take effect and be in full force thirty (30) days following its passage, approval and publication
.
7
8
9
10
11
12
13
14
15
16
17
18 Adopted by Council: Date �ool
19
20 Adoption Certified by Council Secretary
21
Requested by Department of:
Office of License, Inspections and Environmental
Protection
�-
B•
Form Approved by City Attorney
By: _O �
22 BY. �,..�_ a (� Approved by Mayor for Submission to Council
tl-�
23
24 Approved by Mayor: Date � S��� BY� �/i���
25 �''�!���vc /�/'�//
26 By: �gJ°b'�.lS�?�
� � � `��
OFFICE oF LIEP Date: GREEN SHEET
Roger Curtis August 2, 2001
266-9013 NO . 103 831°� ����
1 EPARTMENT DIRECTOR 4 ITY COUNCIL
� 'Z ITY ATTORNEY ITY CLERX
•,maia
ust be On CounCil Agelldd by: '°"'° ��' nxaEC�rox IN. 8 MGT. SVC. DIR.
�
YOR (OR ASSISTANi')
OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
ordinance amending Chapter 331A of the Saint Paul Legislative Code; properly
citing state law for Food Manager Certification and eliminating conflicting
language between the Saint Paul legislative code and the Minnesota food code.
CO[�NDATIONS: APPAOVE (A) OR REJECT (R) RSONAL SSRVICE CONTRACTS D1tIST ANSWER THE FOLLOWING:
PI,ANNING COt4fI55I0N CIVIL SERVICE COMMISSION 1. Has the person/firm evei wosked under a contract for this department?
CSB COF4fITTEE BUSINESS AEVIEW WVNCIL YES NO
STAFP _ Has [his person/firm ever been a City employee?
DISTRICT COURT YES NO
3. Does this person/firm possess a skill not normally possessed by any
PPORTS WHICH COUNCIL OBJECTIVE? Current City employee?
YES NO
laia all YES ausvrera oa a eeparate aheat and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
nen the revised food code was adopted on May 2, 2001, the applicable state law
regarding food manager certification requirements was not properly cited. In
addition, there is a conflict between City Ordinance and the state food code
egarding the food manager requirements. This conflict must be resolved to
ring the City into compliance with our delegation agreements with the
innesota Departments of Health and Agriculture.
VANTAGES IF APPROVED:
he appropriate section of the state food code will be referenced in the City
rdinance. The City will eliminate conflicting language between the City -
rdinance and the state food code and will be in compliance with the Minnesota
epartments of Health and Agriculture delegation agreements.
ISADVANTAGES IF APPROVED: �C
None
Q a0'R
ISADVANTAGES IF NOT APPROVED:
he City will continue to be in conflict with the state food code and the
elegation agreements between the City and the Minnesota Departments of Health
nd Agriculture, which could result in sanctions by either of these
epartments.
OTAL AMOUNT OF TRANSACTION $ 0 COST/REVENUE BUDGETED YES NO
UNDING SOURCE N/A ACTIVITY NiIMBER N/A
INANCIAL INFORMATION: (EXPLAIN)