Chapter 8.04
FOODSTUFFS
8.04.000 Chapter Contents
Sections:
8.04.010 Premises for sale of food to be kept in sanitary condition--Disposal of garbage.
8.04.020 Display windows and storage receptacles.
8.04.030 Food not to be exposed to outside air unless protected.
8.04.040 Wrapping of foodstuffs in unclean material prohibited.
8.04.050 Food not to be carried through streets unless protected.
8.04.060 Sanitary facilities in buildings where food sold or handled.
8.04.070 Food kept or sold near toilet facilities.
8.04.080 Ventilated premises for preparation of food –Affixing of labels.
8.04.090 Preparation of food--Unsanitary conditions, unwholesome ingredients, filthy containers prohibited.
8.04.100 Premises and persons where food prepared to be in sanitary condition.
8.04.110 Serving of unwholesome food prohibited.
8.04.120 Storage in living or sleeping room prohibited.
8.04.130 Baker’s products to be kept clean and covered.
8.04.140 Live fowl on premises of sale prohibited –Slaughterhouse facilities.
8.04.150 Sale of meat--Inspection required.
8.04.170 Storage of meat products for resale.
8.04.180 Peddling meat--Cover and refrigeration.
8.04.190 Premises where ice cream made or stored –Equipment and sanitation.
8.04.200 Premises where ice cream made--Provision and use of sanitary facilities.
8.04.210 Premises where ice cream made--Location of toilet facilities.
8.04.220 Ice cream not to be made or stored in stable or room used for domestic purposes.
8.04.230 Vehicles for conveying ice cream to be kept clean.
8.04.240 Ice cream--Storage containers.
8.04.250 Ice cream--Procedure on discovery of infectious disease in handler.
8.04.260 Examinations and inspections by health officer.
8.04.270 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.
8.04.010 Premises for sale of food to be kept in sanitary condition –Disposal of garbage
Every person keeping, maintaining or being in charge of any public market, stall, shop, store, bakery, ice cream or candy factory, storehouse, warehouse, cold storage, cart, wagon or vehicle in, on or about which any meat, fish, oysters, birds, fowl, vegetables, fruit, milk, bread, candies, cakes, or other provisions are kept, held or stored, or offered for sale or other disposition, as food intended for human consumption, shall keep such place or vehicles in a clean, pure and sanitary condition, and if any person allows or permits the same to become or remain unclean, impure, or unwholesome he is guilty of a violation of this chapter. Every person owning or managing any store, shop or commission house where meat or meat products are kept or offered for sale or sold shall provide metallic receptacles with tight metal covers for the disposition of all garbage from their premises; and no person shall remove any such garbage from such receptacle after it has been deposited therein, except for the purpose of transporting the same to the place provided for the destruction or other disposition thereof.
(Ord. 2456, 1944; Ord. 1567 §1, 1919).
8.04.020 Display windows and storage receptacles
All display windows shall be covered with glass in such manner as to protect meat or meat products from handling by the customers and from dirt, dust or flies. All fruit, vegetables, meats and other food kept, or sold, or offered for sale shall be kept in receptacles free from decayed matter of all kinds.
(Ord. 2456, 1944; Ord. 1567 §3, 1919).
8.04.030 Food not to be exposed to outside air unless protected
No foodstuffs shall be exposed in open windows or doorways or in front of stores, unless properly protected from dust, flies and animals.
(Ord. 1567 §15, 1919).
8.04.040 Wrapping of foodstuffs in unclean material prohibited
The wrapping of meats, fish, breadstuffs, dairy products, vegetables, etc., destined for sale or delivery for food purposes, in newspapers, or other unclean materials, is prohibited.
(Ord. 1567 §12, 1919).
8.04.050 Food not to be carried through streets unless protected
No provisions or foodstuffs of any kind shall be carried through any street, private way, or public places, unless properly protected from dust and flies.
(Ord. 1567 §16, 1919).
8.04.060 Sanitary facilities in buildings where food sold or handled
A. All dealers in meat, fowl, fish, vegetables, fruits, groceries or other food intended for human consumption shall maintain in their respective places of business and in the part of the building occupied by them for business purposes where there is a public water supply, at least one toilet, and one lavatory for the convenience of the employees. All such sinks and lavatories shall be provided with hot and cold running water at all times during operation, and where a public water supply is not available, a means must be provided for a safe water supply of both hot and cold water.
B. All meat markets, fish markets, sausage kitchens and other places where meat or meat products are handled or sold shall furnish paper towels or clean sanitary towels for their employees at all times.
C. Every person engaged in handling meat or meat products intended for human food shall at all times keep his hands and clothing clean and in a sanitary condition.
D. The tops of all tables and meat blocks used in meat markets, fish markets, and sausage kitchens shall be smooth and tight or covered with some improvised material.
(Ord. 2456, 1944; Ord. 1567 §6, 1919).
8.04.070 Food kept or sold near toilet facilities
It is unlawful to prepare; keep for sale, or sell any kind of meat, milk product, fish, game, vegetables, fruit, bread, candy, cake or other food in any room in which a toilet is located, or in any room opening directly into a toilet room, unless there is outside ventilation to such toilet room.
(Ord. 1567 §5, 1919).
8.04.080 Ventilated premises for preparation of food –Affixing of labels
The baking of bread, cakes and pies, the manufacturing of candy, or the cooking of other foods is prohibited from being done in a cellar or basement or other room where there is not direct ventilation to the outer air. It is unlawful for any person to sell, or offer for sale any bread, cake, pastry, or other baked food product, having attached to it a label or stamp, which is affixed thereto by a foreign adhesive substance.
(Ord. 1567 §7, 1919).
8.04.090 Preparation of food –Unsanitary conditions, unwholesome ingredients, filthy containers prohibited
Any person or persons owning or managing or in charge of any canning establishment or other place where meats, fish, oysters, fowl, fruits, vegetables, or other foods are canned or preserved for human consumption, who keeps or conducts such place in an unclean, unwholesome or unsanitary condition; and any person canning, curing, or otherwise preserving any meats, fish, oysters, or vegetables for human consumption, who utilizes in this way any diseased or decayed or unwholesome meat, fish, oysters, fowls, or any diseased or decayed or unwholesome fruit, vegetables, from filthy boxes, baskets, or other container, or uses any chemicals therein deleterious to health, shall be deemed guilty of violating this chapter.
(Ord. 1567 §8, 1919).
8.04.100 Premises and persons where food prepared to be in sanitary condition
It is unlawful for any person in charge of any restaurant, hotel, boardinghouse, or other place where food is sold or served in cooked or raw state, to keep such place in an unclean or unsanitary condition, and all persons employed in or about such places shall keep themselves and their clothing in a clean and healthful condition.
(Ord. 1567 §9, 1919).
8.04.110 Serving of unwholesome food prohibited
It is unlawful for any person in charge of or maintaining any restaurant, hotel, boardinghouse, or other place where meals or lunches are served in a cooked state or otherwise, to serve or cause to be served any tainted or diseased meats, fish, oysters, fowl, or any diseased, decayed, or partially decayed or unwholesome fruit, vegetables, or any unwholesome food whatever, to any person or persons either at such place or sent to any person or persons to be eaten at any other place.
(Ord. 1567 §10, 1919).
8.04.120 Storage in living or sleeping room prohibited
No foodstuffs which are to be offered for sale shall be stored or kept in any living or sleeping room of any house.
(Ord. 1567 §14, 1919).
8.04.130 Baker’s products to be kept clean and covered
All baker’s products sold or offered for sale in stores in which groceries or other articles are sold shall be kept in a cleanly manner in suitable covered cases or receptacles.
(Ord. 1567 §13, 1919).
8.04.140 Live fowl on premises of sale prohibited –Slaughterhouse facilities
It is unlawful for any person or persons to keep live chickens, ducks, geese, turkeys, or other live fowl in any cellar or basement underneath any grocery store, market, or other place where foodstuffs are kept for sale. It is also unlawful for any person or persons to keep any live chickens, turkeys, geese, or live fowl of any kind in any room where any kind of foodstuffs, such as are enumerated in Sections 8.04.010 and 8.04.170, are kept, prepared for sale, or sold. Slaughterhouses and other places where fowl are killed and prepared for sale, or storage shall be constructed with watertight flooring, with properly trapped sewer connections, and these connected with the sewer, and immediately after each killing the floor shall be thoroughly washed and the place at all times kept in a clean and wholesome condition.
(Ord. 1567 §11, 1919).
8.04.150 Sale of meat –Inspection required
No person, firm or corporation shall, within the city, purchase for sale or resale, or sell, to any person, firm, or corporation, at retail, or for sale or resale, any meat or meat products, unless the same have been first inspected and approved as sound, healthful, wholesome and fit for human consumption by either (1) an authorized meat inspector, pursuant to the Rules and Regulations of the Washington State Board of Health, and so stamped, marked or labeled; or (2) an authorized meat inspector as provided for in the Rules and Regulations of the Department of Agriculture, Bureau of Animal Industry, of the United States, and so stamped, marked or labeled; provided, however, that this section and Section 8.04.160 shall not apply to any poultry, fowl or fish or the products thereof.
(Ord. 2454 (part), 1944).
8.04.170 Storage of meat products for resale
All game, fish, shellfish, dressed poultry, cut fresh meat, sausage meats, offered for sale in any public place or private market, store or other place of business in the city shall be kept in closed sanitary, refrigerated cases, such cases to be kept thoroughly clean at all times.
Smoked meats shall not be hung in front of markets or over showcases, or kept on top of show cases or counters unless thoroughly wrapped with paper and tied, and shall be properly and sufficiently protected from dirt, dust, flies and handling by customers at all times.
(Ord. 2456, 1944; Ord. 1567 §2, 1919).
8.04.180 Peddling meat –Cover and refrigeration
No person shall peddle meat or meat products intended for food in the city unless the same is thoroughly enclosed and covered and protected from dirt, dust and flies and other insects, and unless a sufficient quantity of ice is provided to preserve such food in a wholesome condition.
(Ord. 2456, 1944; Ord. 1567 §4, 1919).
8.04.190 Premises where ice cream made or stored –Equipment and sanitation
All rooms in which ice cream is manufactured or stored shall be provided with tight walls and floors kept constantly clean, the walls and floors of said rooms shall be of such construction as to permit rapid and thorough cleansing. The room or rooms, as mentioned above, shall be equipped with appliances for washing or sterilizing all utensils employed in the mixing, freezing, storage, sale, or distribution of ice cream, and all such utensils after use shall be thoroughly washed with boiling water, or sterilized by steam. Vessels used in the manufacturing and sale of ice cream shall not be employed as containers for other substances than the ice cream.
(Ord. 1567 §18, 1919).
8.04.200 Premises where ice cream made –Provision and use of sanitary facilities
All establishments in which ice cream is manufactured shall be equipped with facilities for the proper cleansing of the hands of operatives, and all persons immediately before engaging in the mixing of the ingredients entering into the composition of ice cream, or its subsequent freezing and handling shall thoroughly wash his hands and keep them clean during such manufacture and handling. All persons shall be dressed in clean outer garments while engaged in the manufacture and handling of ice cream.
(Ord. 1567 §19, 1919).
8.04.210 Premises where ice cream made –Location of toilet facilities
No urinal, water closet, or privy shall be located in the rooms mentioned in Section 8.04.200, or so situated as to pollute the atmosphere of said rooms.
(Ord. 1567 §20, 1919).
8.04.220 Ice cream not to be made or stored in stable or room used for domestic purposes
No ice cream shall be manufactured or stored in any portion of a building which is used for the stabling of horses or other animals, or in any room used in whole or in part for domestic or sleeping purposes, unless the manufacturing and storage room for ice cream is separated from other parts of the building to the satisfaction of the health officer of the city.
(Ord. 1567 §17, 1919).
8.04.230 Vehicles for conveying ice cream to be kept clean
All vehicles used in the conveyance of ice cream for sale or distribution shall be kept in a clean condition and free from offensive odors.
(Ord. 1567 §21, 1919).
8.04.240 Ice cream –Storage containers
Ice cream kept for sale in any shop, restaurant, or other establishment shall be stored in a covered box or refrigerator, shall be properly drained and cared for, and shall be kept tightly closed, except during such intervals as are necessary for the introduction or removal of ice cream.
(Ord. 1567 §22, 1919).
8.04.250 Ice cream –Procedure on discovery of infectious disease in handler
Every person engaged in the manufacturing, storage, transportation, sale or distribution of ice cream, immediately on the occurrence of any case or cases of infectious diseases, either in himself or in his family, or amongst his employees, or within the building or premises where ice cream is manufactured, stored or distributed, shall notify the health officer and at the same time shall suspend the sale and distribution thereof until authorized to resume the same by the health officer. No vessels which have been handled by persons suffering from such disease shall be used to hold or convey the same until they have been thoroughly sterilized.
(Ord. 1567 §23, 1919).
8.04.260 Examinations and inspections by health officer
The city health officer is empowered to make such examinations and inspections as may be proper to enforce the provisions of this chapter.
(Ord. 1567 §25, 1919).
8.04.270 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
(Ord. 6081 §22, 2001; Ord. 1567 §24, 1919).