City Auditor - City Recorder - City Code - Title 9 - Food Regulations & Establishments (March 2001 version)

*For Charter provisions authorizing the regulation of food and food products see, Charter

The Health Officer may seize and hold any boxes, receptacles, fruits, meats, vegetables, or foodstuffs to be used as evidence of violation of Titles 8, 9, 10 and 11.

The Health Officer shall inspect at frequent intervals each public and private market, stall, shop, store, warehouse, cannery, factory, restaurant, and storehouse where human food is kept in the City and each and all vehicles of vendors in or about which vegetables, fruit, milk, or bread or other provisions are kept, made, held, or carried for sale or other disposition as human food.

(Amended by Ord. No. 134652; passed and effective June 1, 1972.) No person who appears to be affected by any pathogens which are medically associated with food-borne human illness or without a food handler’s certificate provided for in Chapter 9.08, shall engage, be employed or serve in any work, occupation, or employment which requires or occasions the handling of any food, liquid, or material intended for food or drink for human consumption, or the handling of any dishes or other articles used in the preparation or serving of food or drink for human consumption. It is unlawful for any owner, proprietor, manager, or agent or representative of such owner or proprietor of any establishment, business or occupation to employ or retain in his or her employ for the performance of such service any person who is without such certificate or refuses to exhibit the same or who is known or reasonably believed to be affected by such pathogens. It is unlawful for any person knowing or having reasonable cause to believe himself or herself to be affected by such pathogens to seek or to continue in such employment or service. This Section shall not apply to any person who handles such food or liquid or food products exclusively while contained in wrappers, boxes, cases or other containers or by mechanical means in such manner that such food cannot come in contact with the hands or any portion of the body of such person. It is intended hereby to prevent the handling of such food, liquid, or food products, dishes, or other articles in any manner whereby such pathogens may be spread or communicated.

A. It is unlawful for any person to engage in any business which requires or occasions the handling of any material or thing, whether solid, liquid, or otherwise, intended as food for human consumption, unless such person shall have first obtained a permit as herein provided from the Health Officer and has secured a license from the Bureau of Licenses.

B. Any person who intends to engage in such business shall, before obtaining a license therefor make application to the Health Officer for an inspection of the premises, vehicle, boat or other thing whereon, wherein, or wherefrom it is intended to conduct such business. The applicant shall state in such application the location of the premises whereon or wherein such business will be conducted, except in cases where such business is to be conducted by going from house to house, or place to place, using no vehicle, in which case such fact shall be stated. If a vehicle, boat or other place or other than fixed premises is to be used, the place or places of keeping such vehicle, boat or thing other thing when selling and when the application is made shall be stated so that it may be inspected as to condition of sanitation. Each such application shall set forth the correct name and address of the person making the application and all other persons interested either as owner, proprietor, or manager in such business. If, upon receipt by the Health Officer of such application and following an inspection and investigation, such proposed premises, vehicle, boat, or other thing is found to be in a sanitary condition for the purpose specified and in compliance with the ordinances of the City and the rules and regulations of the United States and of the State with reference to plumbing, water supply, ventilation, cleanliness and other conditions essential to health and public safety, the Health Officer shall issue such applicant a permit to engage in such business. Before engaging in such business such applicant shall present such permit to the Bureau of Licenses, which Bureau shall retain such permit and issue the license applied for.

C. No such permit shall be construed as granting privileges other than those specified therein, and any license issued in lieu thereof shall specify only those privileges stated in such permit.

For the purposes of this Section “candy” means a product made from a saccharine substance or substances with or without the addition of harmless coloring, flavoring, or filling materials and containing no terra alba, barytes, talc, chrome yellow, or other mineral substances, or poisonous colors or flavors or other ingredients deleterious or detrimental to health, or any vinous, malt, or spiritous liquor or compounds, or narcotic drug. It is unlawful for any person to manufacture, keep, offer for sale, or sell, in the City, candy containing any substances excepted in the foregoing definition.

All food, whether in its natural state, cooked, or prepared for serving, shall be kept in a clean and wholesome condition, and kept so as to avoid pollution or contamination by exposure to the elements or to public contact, to dust, dirt, flies, insects and vermin, or by animals or fowls. Food shall not be allowed to become decayed, infected, poisoned or unwholesome, nor shall any harmful chemical be used to preserve, color or improve its appearance or flavor. It is unlawful for any proprietor, manager, or agent of either, or any other person to sell, offer for sale, display for sale, or permit to remain upon the premises, any food or drink which by reason of age, fermentation, decay, infestation or contamination has become unfit for human consumption. The presence of any such unfit food or drink in any public eating place shall be deemed sufficient cause for prosecution of the owner or proprietor for a violation of this Code. Screens not less than 14 mesh

shall be installed as required by the Health Officer. Dry sweeping, except with an approved sweeping compound, is prohibited in any room where food or drink is prepared, mixed, processed, bottled, packed, handled, stored, served, offered for sale or sold.

No person in any establishment dealing in or handling food of any kind or nature, shall wrap any such food intended for human consumption in any newspaper or in wrapping material that is soiled or that has been used for any other purpose. All such food sold for human consumption shall be wrapped in approved material.

All establishments handling food intended for human consumption shall be equipped to care for and handle all its products in a clean and sanitary condition at all times. All foodstuffs shall be protected from mice, cats, dogs, other animals or vermin, from promiscuous handling and from any other contamination, by adequate and appropriate means, methods and devices. No animal shall be permitted in any grocery store or place where food is displayed, sold or stored for human consumption, except that seeing eye dogs are exempt from this regulation.

It is unlawful for any person to keep, or cause to be kept for sale, or to hold, offer, display or expose for sale as human food in the City, at any time during the year, any sliced or cut meat or meat products; any drawn poultry, rabbits or game; any fresh fish or other sea foods except shellfish in their shell; any dairy products, any bakery products, candies or confections; mincemeat, lard or shortening any pickled or preserved foodstuff; or any other foodstuff which may be easily contaminated and not readily pared, peeled or otherwise cleaned, unless such foods foodstuffs shall be protected from contamination by a covering of approved material. This Section shall not apply to smoked, dried or prepared meats such as whole hams, whole sides of bacon, whole fish, or to uncut, cured and cased meats, to vegetables not already peeled or prepared wholly or partially for immediate use, small fruits, melons, unshelled nuts, or other foodstuff wholly encased in an inedible covering, when displayed or exposed for sale from a platform or elevation sufficiently high to protect from floor or surface contamination.

Meat or meat products, fish, dairy products, poultry, bakery goods, candy or confections, and other foodstuff subject to contamination may be displayed or exposed for sale in an enclosed case open on one side or end away from the public, if such display meets with approval of the Health Officer.

No meat, meat product, poultry, fish, dairy product, bakery product, candy, confection shall be kept or displayed for sale upon any counter, showcase, table shelf, or other place to which persons other than those engaged in the sale thereof have access, unless such food or foodstuffs kept or displayed shall be protected by covering of approved material so as prevent any person other than those engaging in the sale thereof from touching or coming in contact therewith.

No food manufactured, packed prepared for animal food shall be served for human food in any hospital, institutional home, public eating place, foster home, any establishment preparing food for human consumption.

No person shall sell or offer for sale at retail a frozen desert which has a bacteria count exceeding 75,000 per milliliter. No wholesaler shall sell, offer sale or possess with intention to sell frozen dessert or frozen dessert mix which has a bacteria count in excess of 50,000 per milliliter. Frozen deserts having cultured milk as an ingredient shall not be required to meet bacteria count standards.

No meat, fish, oysters or other shellfish, birds, fowls, vegetables, fruit, milk, or other human food of any kind, not being healthy, fresh, sound, wholesome, and safe for human food, nor any part of any animal or fish that died by accident or from disease, shall be brought into the City, or offered or held for sale as human food at any public or private market, store, stall, warehouse, cold storage plant or any other place.

It is unlawful to refill with berries or small fruits any box or receptacle which is unclean or which has once before been used as a box or receptacle for any berries or small fruits, or to sell or offer for sale or expose for sale any berries or small fruits that are contained in any such box or receptacle.

A. Slaughterhouses and other places where rabbits or fowl are killed or prepared for sale or storage shall be constructed with cement flooring with properly trapped sewer connections, connected with sewer or cesspool. Immediately after each killing, the floor shall be washed thoroughly, and the place shall at all times be kept in a clean and sanitary condition.

B. Should offensive or obnoxious odors arise from buildings or enclosures where fowl or rabbits are kept, the keeper thereof shall remove the same upon order so to do by the Bureau of Health.

C. All pens, yards and enclosures shall be kept in a clean and sanitary condition.

If any unhealthy, unwholesome or deleterious meat, shellfish, fish, fowl or any other foodstuff intended for sale or disposition as human food, is found in or about any food handling establishment, storage establishment, stockyard, slaughterhouse, boat or in any vending vehicle, notice shall be given by the Health Officer to remove the same at once to such place as he shall direct and to destroy it.

The person in whose custody and possession the same shall have been found, shall at once remove the same to the place directed and shall destroy the same as directed by the Health Officer.

No accumulation of rubbish, or useless or offensive materials, shall be permitted in any room or place where food or drink is prepared, cooked, mixed, baked, exposed, bottled, packed, handled, stored, manufactured, offered for sale or sold. The occupants of every store, shop or Commission house, where meats, fish, fowls, fruits or vegetables are kept, sold, or offered for sale, or hotel, restaurant, boarding house or any house where cooking is done and garbage is allowed to accumulate, or any establishment where human food is kept, shall provide metallic cans, with close-fitting covers for garbage. It is unlawful for any unauthorized person or persons to remove the cover or covers from cans, or to extract the contents of any part thereof from the can.

Every person engaged in or about a food factory, processing plant, or place where food is prepared or compounded, shall be required to keep himself or herself in a clean and sanitary condition. Every owner or person in charge of such factory or plant shall, in addition, enforce such cleanliness among his employees, and further require that all persons engaged in or about such factory shall be suitably clothed while engaged in the production, handling, or selling of food products.

It is unlawful to prepare, keep for sale, or sell any kind of meat, fish, shellfish, game, vegetables, fruit or other foods except food in cans properly sealed, in any room in which a toilet is located. It is unlawful to prepare, keep for sale, or sell any such foods, except in cans properly sealed, in any room opening directly into a toilet room, unless there is proper outside ventilation from such toilet room and the door connecting the two rooms shall have a spring of sufficient strength and in working order to keep the door closed.

Every dealer in meats, fish, vegetables, fowl, fruit, groceries or other human food, shall maintain in his place of business, and in the part of the building used by him for business purposes, at least one sink of adequate size supplied with hot and cold water under pressure from the City mains. The sink shall be installed and maintained as required by the Plumbing Code. Sanitary lavatory and water closet conveniences must be provided for the use of those working in such place of business.

It is unlawful for any person to make, manufacture, cook, or prepare in any cellar or basement, any bread, cakes, pies, candy, or other food to be sold or offered for sale, unless such cellar basement shall meet all of the requirements of Section 9.12.300. The term “basement” applies to a story extending below grade more than one-half of its height. The term “basement” applies to a story with part, but not exceeding one-half of its height below the level of the grade. The term “grade” means, for buildings adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street; and for buildings adjoining more than one street, the average of the elevations of the sidewalk at the center of all walls adjoining the street; and for buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls. It is unlawful for any person to make, manufacture, cook, or prepare food in any room which has any one of its walls more than 2/3 below the adjacent ground level, using in the calculation of the same the wall area measured from the floor to the ceiling. The provisions of this Section shall not apply to any building, or part thereof, having a nonconforming use so long as the building, or part thereof, shall continue to have a nonconforming use.

Every building or room occupied or used as a public eating place or private food processing plant shall be equipped with some approved system of positive ventilation which, during occupancy, will provide sufficient ventilation to obviate odors and provide reasonable body comfort to the occupants.

All stoves, ovens, ash pits, and grease rendering or frying kettles used in any public eating place or private plant shall be provided with ventilating hoods and pipes adequate to carry off steam and grease, to prevent their accumulation in or about the kitchen or plant, and to provide ventilation for persons using such stove, oven, ash pot, or grease rendering or frying kettle, so as to render harmless to such persons any steam, gases, vapor, excessive heat, or any impurities of the air that may be generated or released by or in the process of making, preparing, baking and cooking of food. All ventilating equipment hereafter installed shall discharge over the roof of the building in such a manner as not to permit blowbacks from plumbing vent stacks or to become a nuisance to adjoining property.

All rooms or places in any public or private place in which food or drink is prepared, cooked, mixed, baked, exposed, bottled, packed, handled, manufactured, offered for sale, sold, or stored shall be provided with proper and adequate windows supplying natural light, or with artificial light of not less than 10 foot candles on a plane 30 inches above the floor surface, or in such greater degree as will permit all parts thereof to be readily inspected, except that food warehouses may have less lighting facilities if approved by the Health Officer.

The floors, ceilings, and walls of all rooms and places wherein human food is stored or prepared, or wherein people are employed shall at all times be kept in a clean and wholesome condition, and shall have a smooth washable surface.

It is unlawful for any person to operate or maintain a public eating place or food factory, or place where human food is handled, unless the employees thereof or those engaged therein are provided with or have easy and convenient access to proper and adequate water closet accommodations. One water closet shall be deemed adequate when not more than 5 males and females are required to use the same accommodation. When there are more than a total of five persons, males and females, employed or engaged, separate accommodations for each sex shall be provided according to the following table:

Minimum Number of Persons	Number of Water Closets
6 to 9	1
10 to 24	2
25 to 49	3
50 to 74	4
75 to 100	5
Over 100	1 for each additional 30 persons

Such separate accommodations shall be apart from each other. The one for men shall be clearly marked “men,” and the one for women shall be clearly marked “women.”

When three or more water closets are required for men, one urinal may be substituted for one water closet, up to a maximum of one-third of the total water closets required.

Whenever urinals are used they shall be of the wall type or pedestal type equipped with an integral trap. Urinals shall be flushed by a flush-meter valve equipped with a vacuum breaker or by an elevated urinal flush tank. All such equipment shall be of a type approved by the City Plumbing Code.

Where water closets are provided for the use of patrons, the same shall be properly lighted and ventilated as herein after required for water closets, and shall at all times be kept in such clean and sanitary condition as not to be offensive or dangerous or detrimental to life and health. Where more than one water closet is provided, one or more shall be for men, and one or more for women, as the need may require, both to be clearly marked, those assigned for men: “men,” and those assigned to women: “women.”

A. All walls of water closets and water closet vestibules used in connection with any place where human food is kept, prepared, served or sold, shall be constructed of smooth surface, washable materials and kept clean. The floors thereof shall be constructed of cement, tile, or other waterproof material free from cracks or other conditions which would prevent thorough and proper cleaning. The door or doors of all water closets shall be self-closing, and when not in use shall be kept closed.

No animals of any kind shall be housed or kept in any room where food is prepared, handled, stored, or served on the premises.

Operators, employees and other attendants who handle products in any establishment handling human food shall be cleanly dressed. Their hands and outer garments shall be kept clean, and they shall be free from contagious and infectious diseases. All persons immediately engaged in the mixing of ingredients entering into the composition of food and drinks, or its subsequent handling, shall thoroughly wash their hands before commencing, and shall thereafter keep them clean during such manufacture and handling.

The premises where ice is produced, stored and handled shall be maintained in a clean condition. No ice which has been contaminated in a manner which shall cause it to be unfit for human consumption shall be sold or offered for sale for human consumption. All water used in the manufacture of ice shall be from a source approved by the Health Officer and be of a safe and sanitary quality. At least once every 6 months the Health Officer shall, and at any other time he may, inspect all such premises located within his jurisdiction and he shall have access to all parts of such premises for that purpose. No person, except officers, employees or others whose duties so require, shall be permitted to go upon the platform covering the tanks in which ice is frozen in ice factories. All employees whose services are required on platforms covering the tanks shall be required to wear clean shoes or boots. Every ice plant operator shall provide sanitary hand washing and toilet facilities for the use of all employees thereof, as otherwise provided in this Code. The interior of containers for freezing water shall be maintained in a clean condition and shall be handled in such a way that the interior shall be protected from all contamination. All ice containers shall be in good repair and maintained in a clean and sanitary condition and shall not be used for any other purpose than the storage of ice.

(New Section substituted by Ord. No. 134652; passed and effective June 1, 1972.)

A. The City Health Officer or any of his assistants may order any person who is about to engage in any industry or any business, either as owner or employee, which requires or occasions the handling of food for human consumption, to obtain a physical examination. If the findings of such examination show no evidence of the presence of any pathogens which are medically associated with food-borne human illness, upon compliance with Section 9.08.090, an industrial food handler’s certificate shall be issued to such person.

B. Any person who has obtained an industrial food handler’s certificate shall be required to obtain a physical examination whenever requested by the City Health Officer or any of his assistants. Such examination shall be for the purpose of determining whether or not the holder of any such certificate exhibits evidence of the presence of any pathogens which are medically associated with food-borne human illness, whether contracted before or after the issuance of said certificate. It is unlawful for any person to continue in such food-handling activity after the time fixed in any notice for the discontinuance of any food-handling activity unless receiving a new certificate.

It is unlawful for any person to make any false statement or false representation for the purpose of obtaining an industrial food handler’s certificate.

It is unlawful for any person who shall have obtained an industrial food handler’s certificate give or loan the same to any other person or to allow any other person to use such certificate.

It is unlawful for person, in obtaining or using certificate, to use a fictitious or false or impersonate any other person.

It is unlawful for any person to use or accept as his or her own any industrial food handler’s certificate which may have been issued to some other person or to state or represent that he or she has obtained or has such certificate when such is not a fact.

Any person who may have obtained an industrial food handler’s certificate shall submit to a further examination whenever requested by the Health Officer or any of his assistants. Such further examination shall be for the purpose of determining whether or not the holder of any such certificate may have contracted any infectious or communicable disease since the previous examination or whether such person exhibits evidence of the existence of any such disease, whether contracted before or after the previous examination. It is unlawful for any person to continue in such food handling activity after the time fixed in any notice for the discontinuance of any food handling activity unless receiving a new certificate. The time for such new examination shall be such as the Health Officer or his assistant shall determine to be reasonable and necessary for the public health and safety or the health and safety of the person engaged in such activity.

(Amended by Ord. No. 134652; passed and effective June 1, 1972.) The owner of any industrial food handler’s certificate shall surrender the same to the City Health Officer or his assistant and discontinue his or her activity in food handling for human consumption, upon learning that he or she is affected by pathogens which are medically associated with food-borne human illness. It is unlawful for such person to retain any such certificate or to continue in any such activity upon learning that he or she is affected by any such pathogens.

(Amended by Ord. No. 134652; passed and effective June 1, 1972.) Within the scope of this Chapter, the classification of “food handlers” includes all persons actually coming in physical contact in any way with food, liquid, or food products; but it shall not apply to any person who handles such food, liquid, or food products exclusively while contained in wrappers, boxes, cases or other containers or by mechanical means in such manner that such food cannot come in contact with the hands or any portion of the body of such person. In order better to protect and promote the public health, safety and welfare, the City Health Officer hereby is authorized to hold and conduct at such times and places within the corporate limits as in his judgment will best serve the public interest and least inconvenience persons required to attend, a course or courses in food hygiene and related subjects, for the progressive instruction of food handlers in matters and methods relating to their occupation. It shall be compulsory for food handlers to attend such course of instruction when notified by the Health Officer to do so. No food handler’s certificate shall be issued until the applicant shall have attended a food handler’s course as herein provided or presents satisfactory evidence that he has attended a comparable course given under competent public health authority.

For the purpose of this Chapter the term “public eating place” means and includes any food establishment in any building, room, or place, or any portion thereof or appurtenance thereto, where human food or drink is mixed, cooked, or otherwise prepared, offered for sale, sold, served, or given with or without charge to patrons, customers or guests for consumption on the premises; provided, however, that this does not include the mixing, cooking, or other preparation and serving of food in single family dwellings to the resident family or its guests within the limits stated herein.

Every public eating place shall be classified by the Health Officer in accordance with the definition or definitions descriptive thereof set forth as follows:

A. “Restaurant” means and includes any public eating place where regular meals are prepared, offered for sale, sold, and served to patrons, customers, or guests for compensation based on the price charged for and generally paid at the conclusion of each meal. The words “regular meals” as used herein mean meals generally consisting of courses embracing some kind of meat or its equivalent, vegetables, bread, pastry, beverage, and accompaniments, served at more or less regular intervals;

B. “Boarding house” means and includes any public eating place where meals are prepared, offered for sale, sold, and served to more than five boarders, or which advertises itself as a boarding house or place where meals will be served for compensation based on a rating fixed for the day, week, month, or other specified period of time;

C. “Lunch room” means and includes any public eating place where light meals are prepared, offered for sale, sold, and served to patrons, customers, or guests for compensation based on the price charged for and generally paid at the conclusion of each meal. The words “light meals” as used herein to mean lunches, or foods or refreshments which are quickly prepared and ready to serve such as sandwiches or pastries served with or without a beverage;

D. “Beverage fountain” means and includes any public eating place where chiefly beverages are prepared, offered for sale, sold, and served to patrons, customers, or guests for compensation based on the price charged for and generally paid for;

E. “Mobile frozen desert stand” means a mobile unit having one or more freezers and freezer heads for the preparation of solid or semi-solid food products from frozen dessert mix, where food products are offered for sale. Provisions in this Chapter relating to fixed locations do not apply to mobile frozen desert stands;

F. The terms “hospital,” “convalescent home,” “old people's home,” “children's home,” or other terms fixed by ordinance for designating any type of institution requiring a permit from the Bureau of Health for its operation, mean and include any public eating place maintained therein and operated thereby.

It is unlawful for any person to operate or maintain, save under provisional license as provided in Section 7.04.030, a public eating place in the City, without having obtained a permit from the City Health Officer. The permit shall be obtained before a final license shall be issued. The issuance of the final license shall be dependent upon the applicant having first procured such permit. The renewal of the permit shall be as of January 1st in each year following date of issue.

Any person desiring to operate or maintain a public eating place in the City shall file a written application for a permit with the Bureau of Health upon a form to be supplied by the Bureau. Upon the filing of such application the Bureau shall make an inspection of the premises and investigate the personnel connected with said public eating place. If it appears that the premises are in a sanitary condition and that the provisions of this Code have been fully complied with, the application shall be approved and a permit shall be issued by the Bureau.

The application for permit shall be made at least 10 days prior to the date of opening any public eating place, or at least 10 days before a transfer to a new location. The application shall contain the name and address of the applicant, the nature and extent of his interest in the business; and if the applicant is not the owner of such business, then the application shall also state the name and address of the owner. If the applicant is a corporation, he shall give the names of the officers of such corporation; and if a partnership, the name of the partners.

Any person operating or maintaining a public eating place, who desires to remove to another location, shall, before commencing business therein, secure a permit as above provided for the new location. The Chief License Inspector shall not approve the removal until the permit has been obtained, consistent with this Code.

No person shall be granted a permit to operate or maintain a public eating place when such does not have a fixed location and address. The use of the City streets, alleys, or sidewalks for the preparation and serving of food is unlawful. This shall not be construed, however, to prevent a duly licensed caterer, who has an established public eating place from serving food at conventions, banquets, or other public gatherings, nor shall it be construed as denying a permit to legally recognized emergency organizations operating units of emergency relief.

Any permit granted under the provisions of this Code may be revoked by the Health Officer whenever it shall appear to him that a condition exists which is imminently dangerous to the public health, or whenever it shall appear that the permittee has continuously, repeatedly or willfully violated any of the provisions of this Code, or of any ordinance of the City relating to the preparation and handling of food for human consumption. Upon the revocation of any such permit, notice thereof shall be immediately served upon the person in charge and a copy thereof posted in a conspicuous place on the premises. Upon the posting of such notice upon the premises, such public eating place shall forthwith be closed to the public. An appeal may be taken to the City Council from the order of the Health Officer revoking any such permit.

At least once every 6 months the Health Officer shall inspect and grade every public eating place located in the City. In case the Health Officer discovers the violation any provision of this Code, or of the rules and regulations of the State Board of Health pertaining to public eating places, or any rule or regulation concerning the grade which the restaurant is classified, he shall make a second inspection after the lapse such time as he deems necessary for defect to be remedied. Any violation of same provision of this act or the same rule or regulation on such second inspection shall call for the immediate lowering of the grade of the public eating place or suspension license. Public eating places found to be washing glasses or dishes, silverware utensils improperly will be graded “C” at once.

One copy of the inspector’s report shall be posted by the inspector upon an inside wall of the public eating place and shall be defaced or removed by any person except the Health Officer or his representative. Another copy of the inspector’s report shall be filed with the records of the Health Department.

All public eat places shall be graded as “A,” “B,” or “C” accordance with the standards of sanitation set forth in this Code. Every public eat place shall display at all times in a place designated by the Health Officer a notice supplied by the Health Officer stating grade of the establishment.

A. Grade “A” shall apply to public eating places which shall comply with all the items of sanitation set forth in Section and all other sanitary standards this Code.

B. Grade “B” shall apply to public eating places which fail to comply with any one or more of Items 1, 2, 4, 5 or 17, but shall conform with all other item sanitation required for grade restaurants and comply with all other sanitary standards of this Code.

C. Grade “C” shall apply to public eating places which fail to comply with the grade “A” or the grade requirements.

1. Item 1. Floors. The floors of all rooms in which food or drink is stored, prepared, or served or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. When approved by the Health Officer, carpet may be used in banquet type dining rooms where the acoustic qualities of such materials are desirable and where such carpets are kept clean and in good repair.

2. Item 2. Walls and Ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of room in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed, and all toilet rooms shall have a smooth, washable surface up to the level reached by splash or spray.

3. Item 3. Doors and Windows. Flies shall not be present in the restaurant. During seasons when flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies.

4. Item 4. Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted. Lighting equipment shall be kept clean. Lighting shall be such that dirt or soil will not accumulate through lack of sufficient illumination to see such contamination.

5. Item 5. Ventilation. All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be well ventilated to eliminate odors and the settling of grease residues.

6. Item 6. Toilet Facilities. Every restaurant shall be provided with adequate, conveniently located toilet facilities for its employees conforming to this Code. In restaurants hereafter constructed or in which major remodeling is undertaken, toilet rooms shall be an integral part of the restaurant building and shall not open directly into any room in which food or drink is prepared, served, or stored, or in which utensils are washed or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept clean, in good repair, and well lighted and ventilated. Handwashing signs shall be posted in each toilet room used by employees. Utensil washing vats shall not be used for hand washing. In restaurants hereinafter constructed, or in which major remodeling is undertaken, hand washing facilities shall be an integral part of the food preparation area and shall be convenient to all kitchen personnel.

7. Item 7. Water Supply. Running water under pressure from the City mains shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate.

8. Item 8. Lavatory facilities. Adequate and convenient hand washing facilities shall be provided, including hot and cold running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands. In all newly constructed restaurants, or restaurants where extensive remodeling is being done, hand washing facilities shall be installed in the kitchen.

9. Item 9. Construction of Utensils and Equipment. All multi-use utensils and all show cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment for utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used, but solder containing lead may be used

for jointing. Containers with seams which are not sealed flush with the surface shall not be used. Chipped, cracked or crazed graniteware or enamelware shall not be used.

10. Item 10. Cleaning and Bactericidal Treatment of Utensils and Equipment. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects and other contaminating material. All cloths used by waiters, chefs, and other employees shall be clean. Single service containers shall be used only once. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day’s operation. Drying cloths, if used, shall be clean and shall be used for no other purpose. No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.

11. Item 11. Storage and Handling of Utensils and Equipment. After bactericidal treatment utensils shall be stored in a clean, dry place protected from flies, dust, and other contamination, and shall be handled so as to prevent contamination as far as practicable. Single service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner. Individually wrapped straws shall be used unless a sanitary dispenser is used. Spoons, spatulas, dippers, scoops, etc., for dispensing frozen desserts shall be kept clean and in running water at all times while the restaurant is open.

12. Item 12. Disposal of Wastes. All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles, in such manner as not to become a nuisance.

13. Item 13. Refrigeration. All perishable food or drink, and food or drink which will support the growth of organisms which will produce illness or disease, shall be kept at or below 50 degrees Fahrenheit except when being prepared or served, but this shall not apply to wrapped sandwiches when it has been determined by the Health Officer that the contents of the sandwiches are such as not to be a potential hazard to the public health if not refrigerated and that they are prepared and handled in such a manner so as not to endanger the public’s health. Waste water from refrigeration equipment shall be properly disposed of and there shall be no direct connection to a sewer. A dependable indicating thermometer shall be provided in each refrigerator.

14. Item 14. Wholesomeness of Food and Drink. All food and drink shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consumption. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; provided, that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All frozen dessert products made by freezing mix ingredients to a solid or semi-solid consistency at the public eating place shall meet written standards prescribed by the Department of Agriculture of the State. The mix shall be kept in tightly covered containers, labeled as required under ORS 621.330 and stored in sanitary facilities refrigerated at 40 degrees Fahrenheit or less at all times. Multiple use mix containers shall be washed and dried immediately after emptying. The mix shall not be altered in any way except for the addition of wholesome fruits, chocolates, nuts, candy, coloring and flavoring. The product may be sampled by the Health Officer when he deems a laboratory analysis necessary. All oysters, clams, and mussels shall be from approved sources, and if shucked, shall be kept until used in the containers in which they were placed at the shucking plant. Home canned foods which are low acid or have low sugar content shall not be used or stored in the restaurant premises. All ice used shall be from a source approved by the Health Officer or his duly authorized representative. Ice shall be stored and handled in such a way as to prevent contamination. Water used to make or wash ice on the premises shall be from a source approved by the Health Officer. Hydrocarbon oil (mineral oil) shall not be added to, mixed with, or packed in any food served.

15. Item 15. Storage, Display and Serving of Food and Drink. All food and drink shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage, and other contamination. Sneeze shields shall be provided to protect foods in self-service type operations. All storage shall be off the floor. Foods which are intended to be served warm shall be stored at a minimum of 140 degrees Fahrenheit. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. An exception may be made in the serving area to allow guide dogs for the blind. All means necessary for the elimination of flies, roaches, vermin and rodents shall be used. All poisonous

compounds used shall be plainly labeled and shall be colored so that they are easily identified. Poisonous compounds shall not be stored with or near food products.

16. Item 16. Cleanliness of Employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared.

17. Item 17. Miscellaneous. The premises of all restaurants shall be kept clean and free of litter or rubbish. All cleaning materials and equipment shall be stored in an adequate storage area. Storage will not be permitted with or near food products. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees’ clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.

It is unlawful for any person to operate or maintain a public eating place which has been given a grade “C” unless the Health Officer has specifically given a written permit to continue such operation. Operation beyond such time is unlawful. Such permit may be given only to provide a reasonable opportunity to correct noncompliance with an item of sanitation set forth in Section 9.12.090.

(Amended by Ord. No. 134652; passed and effective June 1, 1972.) No person affected by pathogens which are medically associated with food-borne human illness, whether externally visible or not, shall be employed in or about any kitchen or eating place, or in handling any foodstuffs or products used therein. All persons, before engaging in such occupation or employment, shall obtain a food handler’s certificate as required by this Code. It is unlawful to employ a person for such service or for a person to accept employment in such service who is not in possession of a valid food handler’s certificate as provided herein.

All rooms used for storing, cooking, preparing or serving food shall have floors, sidewalls and ceilings constructed and maintained to exclude vermin, rats, mice, flies and insects, and shall be kept in a state of good repair, clean, and sanitary. Floors shall have a smooth, nonskid surface, and shall be constructed of tongue-and-groove wood laid water tight, or cement, or tile laid in cement. Where the floor is on the level with or below the adjacent ground, wood construction shall not be used.

Every building or room occupied or used as a public eating place shall be well drained. All soil pipes, waste pipes, drains or other plumbing fixtures shall be of adequate size to enable the passage of any waste intended to pass through it to the main public sewer. All drains, sewers, waste and soil pipes, traps, and water and gas pipes shall at all times be kept in good repair and order so that no gases or odors shall escape therefrom and so that the same shall not leak, and all vent pipes shall be kept in good order and repair and free from obstruction.

No person shall use any tap, faucet, tank, fountain or vessel, or any pipe or conduit in connection therewith, which shall be composed or made, either wholly or in part of lead, or other metal or metallic substance that is or will be affected by a liquid so that dangerous, unwholesome, and deleterious compounds are formed therein or thereby, or such that soda water, syrups, or other liquids, or any beverage, drink or flavoring material drawn therefrom shall be unwholesome, dangerous or detrimental to health.

No balcony shall be constructed in any public eating place the area of which is over one-third of the room area over which it is constructed, or which has a frontage or partition separating it from the dining room of such public eating place of over 25 percent of its front. The stairs to such balcony shall not be less than 4 feet in width. Any balcony having a greater length than 60 feet shall have not less than two stairs.

A. All lunch counters, showcases, ice cream cabinets, or like fixtures or furniture shall be installed so as to prevent liquids, waste material, rubbish or vermin from accumulating and being harbored underneath or about such fixture or furniture.

B. All partitions for stalls or compartments shall not exceed 4 feet in height, and shall have no door, draperies, hangings, or other screen in front of the entrance therein.

C. Private boxes or booths, completely enclosed, are hereby expressly prohibited.

All show or display cases, counters, or shelves, used in handling, keeping or displaying food and drink shall be kept clean and sanitary, free from dust, dirt and other contaminating material, and shall be maintained in good repair.

Suitable receptacles, made of metal for holding without leakage all garbage and waste material which may accumulate, shall be provided for and be used in all public eating places. Every such receptacle shall be fitted with a tight metal cover and shall be kept covered except when being filled or emptied. All receptacles shall be kept within the building or in the rear of the premises connected therewith until the time for removal of such garbage or waste material, when such receptacles shall be placed in the area required for collection. All such receptacles shall remain in such area for collection only for the time required for collection, after which they shall be returned to the building, or in the rear premises connected therewith. All waste material or garbage shall be removed from the premises daily and shall not otherwise become a nuisance. All garbage receptacles shall be cleaned, scoured and disinfected after being emptied.

All public eating places hereafter constructed, remodeled, or newly opened for business shall be so constructed or remodeled as to prevent any direct opening from any water closet or bedroom into any room or rooms in which food or drink is mixed, cooked, baked, or otherwise prepared, handled, stored, displayed, offered for sale, served or sold. Where vestibules are provided for the purpose of avoiding such direct opening, such vestibule shall be properly constructed and completely enclose all prohibited openings and shall be equipped with self-closing doors which, when not in actual use, shall be kept closed at all times. The floor area of such vestibule shall not be less than 3 feet by 3 feet in the clear.

Every water closet connecting with any public eating place hereafter constructed, remodeled or newly or opened for business shall at all times during working hours be properly and adequately ventilated. Proper and adequate ventilation shall be deemed to be that which is supplied by artificial or natural means, in accordance with the provisions of the building Code and Plumbing Code relating to ventilation.

All water closet fixtures, water closet compartments and water closet vestibules shall be well lighted and be maintained in a clean and sanitary condition and in good repair, and shall be thoroughly scrubbed, cleaned, and disinfected daily.

There shall be conspicuously posted in every water closet or washroom provided for employees engaged in any public eating place a notice directing them to cleanse their hands thoroughly after each visit to the water closet and immediately before commencing work.

Tenancy. Whenever any public eating place is located in any building occupied by more than one tenant, and the halls, stairs, toilets, or other portions of the said building are used jointly by more than one tenant, or whenever conditions prohibited by this Code are jointly created by more than one tenant, it shall be the duty of the owner of such building to carry out the provisions required herein. However, the owner of the building may arrange by agreement with one or more of his tenants to assume responsibility for carrying out the provisions of this Code.

In all public eating places there shall be provided for the use of the employees or persons engaged therein ample and convenient lockers or dressing rooms, separate for male and female employees, and a lavatory with an adequate supply of hot and cold water under pressure of City mains, together with soap, and fresh, clean, individual towels furnished daily, so as to enable all persons employed or engaged therein to keep their persons clean at all times. Lockers and locker or clothes rooms shall be thoroughly cleaned once each week and kept free from vermin. Where dressing or clothes rooms are maintained in lieu of lockers, such rooms shall be well lighted, ventilated, and have smooth surfaced, washable walls and be maintained in a clean and sanitary condition.

All public eating places shall be maintained at all times free from rodents, roaches, vermin, flies, insects, dirt and dust. Dry sweeping in any room where food or drink is prepared, cooked, mixed, baked, exposed, bottled, packed, handled, stored, offered for sale or sold is prohibited.

All clothes used by waiters, chefs, and other employees shall be clean and sanitary, and such clothes shall not be used for drying or wiping plates, glasses, or other utensils, or permitted to come into contact with foodstuffs. All such employees shall wear a suitable headdress for keeping their hair in place.

A. All utensils used in the preparation, service and sale of any food or drink intended for human consumption, and all knives, forks, spoons, plates, dishes, cups, saucers, glasses or other utensils used in the preparation of food or drink intended for human consumption shall be thoroughly and properly cleansed after being used. No utensil shall under any circumstances be used a second time unless it shall have been so cleansed. In the cleansing process the use of water which has become unsanitary by previous use thereof is prohibited. Utensils will be deemed “properly cleansed” as required herein only when they have been cleaned in a

solution of soap, soda or other suitable cleansing agent in hot water, and then disinfected. Utensils shall be disinfected, after cleaning, only by one of the following methods:

1. Immersion in clean water of a temperature of not less than 170 degrees Fahrenheit for 2 minutes or more, by use of a metal basket;

2. Immersion in clean water containing at least 50 parts per million of chlorine disinfectant for not less than 2 minutes;

3. Immersion for not less than 2 minutes in a bath containing at least 200 parts per million of an approved quaternary ammonium disinfectant, as established by a suitable field test;

4. Immersion for not less than 2 minutes in a bath containing at least 25 parts per million of an approved iodine-type sanitizer, as established by a suitable field test;

5. Any other process approved by the Health Officer after proof that a bacteriologically safe result can be obtained thereby.

B. In machine washing, dishes shall be stacked in racks or trays so as to avoid overcrowding and so as to permit the wash and rinse waters to reach all surfaces of each article. The temperature of the rinse water shall be maintained at not less than 180 Fahrenheit at the entrance of the rinse manifold.

C. An easily readable heat indicator shall be installed near the discharge end of dishwashing machines to show the temperature of the final rinse water. The bulb shall be so located as to show the temperature of water entering the spray arm or manifold of the final rinse. A heat indicator, or indicators, shall be installed to show the temperature of the water in all tanks. All heat indicators shall be so placed as to be easily read, and so located as not to be unduly exposed to breakage. A dependable automatic device shall be provided for maintaining the temperature of recirculated rinse water.

D. All crockery, cutlery, glassware and cooking, eating, and drinking utensils which have been properly cleaned and sterilized must be stored, kept and handled so as to prevent contamination from dust, dirt, flies and other sources.

The use of any article, polish or substance containing any cyanic preparation, oxalic acid, mercuric compound, or other poison is prohibited for the cleaning or polishing of copper, nick silver, silver plate ware or other appliance utensils, or dishes.

All apparatus, utensils, and appurtenances thereof used in the preparation and handling of food and drink shall be constructed a placed so that they can be thoroughly cleansed. They must be kept clean sanitary, and in good repair.

The use of any utensil or dish in the preparation, service or sale of food or drink which is badly worn, rusted, corroded, cracked, chipped, or in such condition that it cannot be rendered clean and sanitary washing, is prohibited.

All sinks used for dishwashing in any public eating place hereafter constructed, remodeled or new opened for business shall be of rust proof metal, constructed with two compartment if hot water is used as a disinfectant, constructed with three compartments if chemical is used as a disinfectant. Each compartment shall be not less than 12 inches square and 12 inches deep. Metal drainboards and splash back extending 2 feet above such sink shall be provided unless otherwise approved by the Health Office. All sinks shall be provided with an adequate supply of hot and cold water under pressure from the City mains and shall be installed and maintained as required by the Plumbing Code.

No public eating place or kitchen thereof shall hereafter be located in a basement or in a room, the floor of which is below the street or alley grade unless such basement or room shall meet following requirements:

A. Ventilation. Such cellar basement shall have a mechanical ventilating system operating at all times during occupancy and providing not less 2 cubic feet of fresh uncontaminated air per minute for each square foot of floor space unless the unoccupied space of such basement or cellar exceeds 1,000 cubic feet for each occupant and windows are provided in compliance with the Building Code relating to ventilation.

B. Lighting. When the intensity of illumination afforded by natural light at the darkest point of any working or display space is less than 20 foot candles, such space shall be artificially lighted. Artificial lighting shall provide a minimum intensity of at least 10 foot candles at all points 36 inches above the floor of the cellar or basement, and shall be installed and maintained in accordance with the rules and regulations fixed by law for industrial lighting in places of employment.

C. Height of room. The height of all cellar or basement rooms shall be at least 8 feet in every part from the finished floor to the finished ceiling.

D. Cubical content of room. No room shall be apportioned so that the cubical contents per person occupying the same are less than 200 cubic feet.

E. Minimum floor areas. All cellar or basement rooms shall be apportioned so that the minimum square feet per occupant shall not be less than 15 square feet.

F. Stairways and inclines. Requirements for all stairways or inclines to and from any basement or cellar shall not be less than that fixed for stairs and inclines for public utility buildings. Private stairs installed in addition to stairs required by ordinance may be excepted from the provisions applicable to public stairs.

G. Surfaces. All cellar or basement walls, floors, ceilings, partitions, posts, doors and other parts of room shall be of such material, construction and finish as to present a hard, dry, smooth and even surface, which may be readily and thoroughly cleaned and which will not provide places for the harboring of injurious matter, insects, vermin, or other pests.

H. Waterproofing. All walls below the ground level and all floors below the curb level shall, when required, be waterproofed in accordance with the rules and regulations adopted by the Bureau of Buildings.

I. Drainage. All cellar or basement floors shall be well drained in accordance with the regulations fixed by ordinance for floor and area drains.

J. Odors. All cellars and basements coming under this Chapter shall be kept free from odor from toilets, decaying animal or vegetable matter, sewer gas, or from any other unwholesome or noxious cause.

K. Rat proofing. No cracks, holes, or other openings through which rats, mice, cockroaches, or vermin may enter shall be allowed in the floor, walls, or ceiling of any cellar or basement. Doors opening into rooms separate and detached from a cellar or basement covered by this Code shall be self-closing and fitted and protected with metal to prevent rats, mice, and vermin from gaining entrance.

L. Steam and gas. Steam and gas shall not be allowed to escape into cellars or basements. Equipment shall be installed and managed to avoid the collection of moisture on the ceiling or the escape of smoke or injurious gases into any room.

It is unlawful for anyone to establish living quarters, or to sleep or permit anyone else to sleep, in any public eating place. No food or drink shall be prepared, handled, stored, displayed, offered for sale, served or sold in any room in which a toilet is located, or in which gasoline, kerosene or mechanical lubricating oils are stored or handled. Eating places hereafter constructed, remodeled or newly opened for business shall not be permitted to prepare, store, or sell food or drink in any room in which chemicals or drugs are compounded, or in which any poisonous, noxious, or unwholesome substance or thing is handled or stored.

Table refuse commonly known as “comebacks” shall not be served again to patrons either in its original form, or in any converted form. This applies to food of any kind that has been served and returned.

The smoking, snuffing, or chewing of tobacco is prohibited in any kitchen or room in which food or drink is prepared, mixed, or otherwise compounded.

All perishable food or drink shall be stored and refrigerated in a properly constructed refrigerator at a temperature not to exceed 50 degrees Fahrenheit.

All refrigerators, ice boxes, and appurtenances thereof used for the storage of food and drink shall be kept clean and sanitary and in good repair. The compartments used for the storage of ice shall be lined with some proper metallic substance so as to be watertight.

Waste from refrigerators, ice boxes, refrigerator display cases, windows, counters, vats, tanks, or other containers used in refrigerating and storing food or drink shall discharge into an open, water supplied, properly trapped, sewer connected sink or drain. Where sewer connections are not available, clean, adequate and waterproof drip pans may be used.

The interior of all refrigerators or ice boxes must be arranged to prevent the ice from coming in contact with the food contained therein, with the exception of fish. Separate compartments shall be maintained for milk and milk products, or such other food as may be unfavorably affected by contact with other food. Exceptions may be made in the storage of milk when such milk is contained in bottles properly capped, if such bottles do not come in direct contact with other food or drink.

The tops of all steam tables and all parts under the tops, including all pipes and fittings, and all vessels used on steam tables and bainsmarie, and all parts thereof, shall be thoroughly cleaned daily with soap and hot water.

No napkins served to patrons in any public eating place shall be used for drying or wiping tables or counters, plates, glass or other utensils, or be permitted to come in contact with any food or drink. It is unlawful to clean any range, griddle, or drying apparatus with any sack or cloth that has not first been thoroughly laundered before such use.

It is unlawful for any person operating a public eating place to use sawdust on the floor or construct any booth or stall in such manner as to make a thorough dusting and cleaning impossible.

No public eating place shall serve diluted or skimmed milk, or milk below the standards fixed by the Milk Code (Title 10) governing the production and sale of milk. Nor shall any public place serve milk furnished by any dairyman whose dairy does not comply with the sanitary regulations pertaining thereto. All eating places shall furnish the Health Officer, upon his request, with the name of the milk plant or dairy from whom their milk is obtained.

When served in any public eating place, milk shall be served in the original individual containers and shall be opened in the presence and sight of the patron or customer for whom it is intended, or from a bulk milk dispenser which has been approved by the Bureau of Health. All milk dispensing devices must be filled and sealed at the plant before being delivered. It shall be the duty of all persons to whom milk or milk products and frozen dessert mix are delivered to clean thoroughly the containers in which such milk or milk products and frozen desert mix are delivered before returning such containers. It is unlawful for the operator of any public eating place, school lunch room or vending machine to use a substitute for any product unless a sign in letters not less than 2 inches high is posted, plainly visible to customers, reading “Dairy Product Substitute Used.” The same notice shall be included on menus furnished patrons. It is unlawful for the operator of any hospital, convalescent home, home for the aged, children’s home, day nursery, kindergarten or institutional home of any type to use a substitute for a dairy product unless a sign in letters not less than 2 inches high is conspicuously posted in the dining room or business office reading “Dairy product Substitute Used,” and unless persons served meals in their rooms or wards are notified when a dairy product substitute is used or, if menus are provided, such notice is included thereon.

Every public eating place shall post in a conspicuous place a placard or other writing provided by the Bureau of Health showing the grade of milk served therein.

It is unlawful for any person operating or maintaining a public eating place to use, cause to be used, or permit to be used in the preparation of any food or drink for human consumption, or any poultry heads, poultry feet, egg shells or any unfit or unsound products, or to serve, or cause or permit to be served, any tainted, decayed, rotten or diseased meat, fish, oysters, eggs or fowls, or any diseased, decayed, or partially bruised or decayed or unwholesome fruits, vegetables, or any unwholesome food whatever.

All foodstuffs and drinks displayed for sale in windows, or placed on counters, shelves, tables or in open receptacles must be kept in a fresh, clean, and wholesome condition, protected to prevent contamination by dust, dirt, sputum, vermin, flies, or other contamination.

Every place in which “draught” or “draft” beer is dispensed shall be kept in a clean and sanitary condition at all times, including all cabinets, counters, or other furnishings, and the utensils used therein.

Rooms or compartments set apart for the tapping of kegs or for kegs that are tapped shall be located as near the point of distribution as possible.

The walls, floors, and ceilings of all keg rooms shall be finished with some impervious material which may be easily cleaned and sterilized. Such place shall be kept clean and free from yeast and mould growth at all times.

The floors of all keg rooms or compartments shall be kept free from standing water. If conditions appear to require it, the Health Officer may order the installation of floor or other drains, which shall be ample to meet all requirements and shall be installed as required by the Plumbing Code.

A. Keg rooms shall be properly ventilated so as to insure an ample supply of clean cool air.

B. If keg rooms require the use of light, such light shall be provided in a manner sufficient to illuminate every corner of the room.

C. Keg rooms or compartments shall be kept free from rubbish, junk, or other material or equipment.

D. Empty kegs must be stored outside of keg rooms or compartments in such a manner as to prevent odors of stale beer from permeating the outside air.

All conveyor or pipe lines used for conductor or cooling purposes shall be made of block tin, or other approved material, following the most direct route to the point of distribution consistent with proper cooling. Their inside diameter shall be uniform throughout the entire length, and they shall be free from sharp curves or elbows, sags or joints. All conveyor or pipe lines should be so installed as to be visible or accessible for inspection for their entire length.

Where ordinary air is used for compressor purposes, such air must be drawn from a clean and sanitary source, free from grease, dust, and objectionable odors. Lubrication of such compressor shall not be permitted to contaminate the compressed air with compressor oil.

All faucets connected to conveyor pipes or lines shall be of similar diameter to such pipes or line and shall be of a pattern or type approved by the Health Officer.

Cooling coils or conveyor pipes or lines shall be of similar diameter to such pipes or lines and shall be of a pattern or type approved by the Health Officer.

The cleaning of all cooling coils and/or conveyor pipes or lines shall be done in a manner approved by the Health Officer. Should he find that such coils, pipes, or lines are being improperly cleaned, he shall require that they be cleaned by a tube cleaner, licensed under Title 7.

All glasses or containers shall be filled directly over a sink complying with and installed in accordance with the Plumbing Code. Such sink shall be of sufficient size to catch the drip from the faucet.

It is unlawful for any person to establish, maintain, or carry on the business of tube, pipe, or coil cleaning in the City unless a permit therefor, as required by Title 7, shall have been granted such person by the Bureau of Health. The phrase “tube, pipe or coil cleaning” as used in this Chapter means the business of cleaning and sterilizing the tubes, pipes, or coils used in conveyors and cooling draught beer as drawn from the keg or container to the point of delivery at the faucet.

No permit shall be issued by the Bureau of Health to any person to engage in the business of tube, pipe, or coil cleaning until all apparatus, things, and methods which are to be used in such cleaning process shall have been inspected and approved by the Health Officer or his duly authorized representative, nor until such persons as are to engage in dispensing beer shall have obtained such health certificates as are required for food handlers by Chapter 9.08.

A. Every person licensed to engage in the business of tube, pipe, or coil cleaning shall, upon the completion of each and every job of cleaning, place or post, or see that there is placed or posted in a conspicuous place approved by the Health Officer, a card approved by the Pure Food and Sanitation Division of the Bureau of Health stating thereon that such cleaning has been done by a licensed cleaner, and providing thereon space on which shall be affixed or stamped by the cleaner the last date on which cleaning was done. All cleaners shall affix or stamp upon such space on such card the date of the last cleaning.

B. The unauthorized duplication or imitation of legally required display cards in any place where draught beer is dispensed for the purpose of leading patrons to believe that tubes, pipes, or coils are cleaned in the manner herein required, when such is not the fact, is prohibited. It is unlawful for any person, other than a duly authorized representative of the Bureau of Health, to imitate, remove, or in any manner obscure the free and open display of cards placed or posted as required by these provisions.

A. “Food factory” means and includes any and every part of a building, room or place, and all appurtenances thereto, used for carrying on the processes of manufacturing human food, and all vehicles, trucks, platforms, machinery, furniture, utensils, and equipment or things necessary or convenient for use therein or therefor, together with the environmental conditions which are actual or potential factors in the processes of manufacture shall be included in the foregoing definition. A food factory does not, however, mean or include any public eating place as otherwise defined in this Title insofar as such public eating place mixes and prepares food products for consumption on the premises by its own patrons.

B. “Bottling works” means and includes any food factory carrying on the process of mixing, compounding, or otherwise preparing for sale for human consumption any beverage or drink derived from grains, fruits, or vegetables, or imitations thereof, or sweetened, flavored, charged or carbonated water, or liquids other than milk.

C. “Ice cream plant” means and includes any food factory carrying on the process of mixing, compounding, or otherwise preparing for sale for human consumption any frozen ices, frozen juices, ice cream, or other frozen products similar to ice cream.

D. “Bakery” means and includes any food factory carrying on the process of mixing, compounding, cooking, baking, or manufacturing for sale for human consumption any bread, biscuits, pretzels, crackers, buns, doughnuts, macaroni, noodles, pastry, pies, rolls, or other similar food products in which flour or cereal meal is a principal ingredient.

E. “Bakery distributor” means and includes any person not operating under a bakery in the City, who is not under direct supervision of any one manufacturer, and who has no fixed location of business, but who buys bakery products for the purpose of reselling and delivering such products to the purchaser.

F. “Confectionary” means any food factory carrying on the process of mixing, compounding, cooking, or manufacturing for sale for human consumption any candy, confections, or sweetmeats, in whole or in part from sugar, molasses, syrup, or other derivatives, or any food factory in which sugar, syrup or sugar, cereals, or fruits are compounded or manufactured.

A. All vehicles, except those operated by retail grocers for delivery of groceries to customers, used for the purpose of delivering, distributing, or transporting bakery products shall be subject to inspection by the Health Officer, and shall be kept in such clean and sanitary condition as will meet with his approval as will meet with his approval.

B. All vehicles used by bakery distributors for the delivery, distribution or transportation of bakery products, shall be distinctly labeled or marked “bakery distributor,” in letters not less than 3 inches in height and arranged to clearly indicate that such vehicle is being used to deliver, distribute, or transport bakery products.

C. All vehicles used for the delivery, distribution, or transportation of bread, not otherwise provided for in this Section, excepting common carriers and retail grocery vehicles, shall have painted or otherwise displayed thereon the name of the bakery operating such vehicle. Such name shall be shown in letters of not less than 3 inches in height and arranged to clearly indicate that such vehicle is being used to deliver, distribute, or transport bakery products.

Every place used for the storage or keeping of flour, meal or other foodstuffs to be used in the manufacture of food products shall be provided with platform, racks, or shelves not less than 6 inches above the floor for holding such materials. No flour, meal, sugar, salt, or other foodstuffs or bakery material shall be deposited on or allowed to remain within 6 inches of the surface of the floor.

All foodstuffs and condiments used in the preparation or manufacture of food products shall be enclosed, covered, and protected in self-closing bins, cans or other suitable containers with fitted covers, and protected from dust and dirt at all times. All equipment, utensils, and foodstuffs or bakery products shall be covered and protected while sweeping or dusting is being done.

All bakery or other food products offered for sale shall be enclosed, wrapped, placed, or otherwise protected to prevent contamination by public excretions from the nose or mouth, or from any other unhealthful substance or thing. All such unwrapped products in process of delivery shall be thoroughly enclosed, covered and protected while being carried, conveyed or transported along or upon any street, thoroughfare or open space. Trays, baskets, racks, or other containers in which such products are carried through the streets shall be closely covered in a manner that shall exclude dust, flies, or any other contaminating substance.

Any manufacturer of bakery or other food products who uses or incorporates in any such bakery products any imitation fruit jelly, butter, or juice shall post a notice in a conspicuous place in the bakery or food stores, stating that such imitations are being used. The possession of any such products containing such imitations, at the possession of such imitations by the manufacturer or bakery or other food products not published as herein required shall be prima facie evidence of a violation of this Section.

Counters, shelves, drawers, showcases and bins shall be kept clean and free from odors and vermin. No wearing apparel shall be placed in, on or behind any counter, table, drawer, shelf, showcase or bin, or on the wails, where food products are being mixed, compounded, baked or offered for sale. Showcases containing food products shall not be lined with newspapers or contain any other article except clean, wholesome food. Flour bins must be cleaned at least once each month. All utensils shall be cleaned daily by washing, rinsing, and sterilizing by immersion in boiling water for one-half minute or steaming for 20 minutes. All bread tins, bread trays, bowls, and mixers must be kept clean and wholesome. All proof boxes must be constructed in a manner that will exclude flies, cockroaches, rats, mice and other vermin. Oven swabs shall be washed before using. No domestic animals shall be permitted in any food factory. No dogs shall be permitted in any place where food is prepared, manufactured, displayed, sold or stored for human consumption.

The use of tobacco in any food factory storeroom is prohibited. No person shall spit or eject any excretions from the mouth or nose upon the floor, walls, machines, equipment, utensils, and supplies of any bakery or food factory Storeroom, and no employee or other person shall sit or lie upon any table, bench, trough, shelf, or other place which is intended for bakery or other food products or supplies in the process of manufacture.

No food product shall be prepared or manufactured in an unclean manner. No article or material shall be used in the preparation or manufacture of food products which is spoiled, decayed, contaminated, or unwholesome, or which does not comply with the laws of the State and the provisions of this Code against adulteration.

No bakery distributor or person distributing foods that are easily contaminated shall keep any fruit, vegetables, meat, fish, or other articles in any vehicle used by him, unless such articles are kept in a compartment especially constructed and separate from that in which such products are kept.

All bakery or other food products made or procured for the purpose of sale, or sold or offered for sale, except when sold directly from the manufacturer to the consumer, shall have affixed thereon in a conspicuous place a label indicating the name and address of the manufacturer, or a trademark registered with the food and sanitary division. In case of wrapped bakery products, such information shall be stated in a plain position upon the wrapper or carton of such product. In case of unwrapped bread, cakes, or pies, such information shall be stated upon a label not smaller than 1 by 3/4 inches in size and such label shall not be affixed to any unwrapped product in any manner with any gums or pastes which are unwholesome or unsanitary. Labeling shall not be required for more than one to a dozen of small products such as rolls, cookies, doughnuts, snails, etc., which are commonly sold by the dozen. Labeling shall not be required for pies or other products sold or offered for sale in separate tins or plates bearing the name and address of the manufacturer.

Every bakery distributor and every person delivering any bakery products while engaged in such work shall wear a clean uniform or other outer garment of material easily cleaned, and shall at all times keep himself and his clothing in a clean and sanitary condition. Clean towels shall be conveniently provided and used for wiping and keeping hands clean.

All delivery boxes, baskets, cases, pans, glass jars or containers used for the delivery of bakery products shall at all times be kept in good order and repair, clean and sanitary, and shall bear the name of the establishment to which they belong on the outside of the box, basket, pan, or container in plain lettering so as to be easily read. It is unlawful for any person to place any filthy or offensive substance, or any refuse matter of any kind into such boxes, baskets, pans, or use such containers for any purpose other than as a receptacle for the bakery products of the owner, or to willfully or maliciously break or destroy any such box, basket, pan, or container, or to use the boxes, baskets, pans, or containers marked with the name of and belonging to some other person for the preparing, baking, selling, or delivery of any bakery products.

Boxes, or other receptacles for the storing or receiving of bakery products before and after stores and other selling places are open, shall be constructed of smooth finished wood finished wood without holes or cracks, well painted on the outside and provided with hinged lid sloping toward the front. The lid shall extend at least 1 inch over all sides of the box and shall be provided with a lock or other means of fastening the same, placed so as to be free from contamination. The receptacle shall be raised at least 4 inches from the floor, sidewalk or ground surface and shall be used for bakery products only. At all times it shall be kept clean and sanitary. No bakery product shall be left on any porch, doorway or other exposed place unless such product is enclosed, covered and protected from dirt, dust or flies, and other insects or vermin.

Every vehicle used for the delivery, distribution, or transportation of bakery products shall be constructed, enclosed and covered in such a manner as to elude dirt, dust, and flies. All shelves therein shall be removable. Each such vehicle shall be kept clean and sanitary. The doors to such vehicle shall not be opened except when actually being loaded or unloaded, and such loading and unloading must be done as expeditiously as possible. The shelves, racks, or cases in the vehicle may be fixed or stationary if the shelves, racks, or cases are made of galvanized iron, or other smooth, noncorrosive metal, and in measurement are not more than 10 inches from the front to the rear, and if the racks or cases are removable. In the transportation of large quantities of bakery products open vehicles may be used, if the product is otherwise protected from dust, dirt, and flies by the wrapping of individual articles with paper coverings or cartons.

Tables, benches, or stands on which any bakery or other food products are compounded, mixed, molded, cut or prepared, or which are intended to be used for such purposes, shall be constructed of a smooth impervious material, subject to the approval of the Health Officer. If wood is used the working surface must be smooth and unbroken and free from grooves, chips, or cracks.

It is unlawful for any person to bring or receive, or to cause or permit to be brought or received into the City any products of any bakery located outside of the City without first applying for and obtaining a permit therefor from the Health Officer. It is unlawful for any person, other than those who are duly licensed to handle foods, to traffic in any bakery products imported from without the City.

Whenever the Health Officer ascertains the presence of moths, weevils, or other vermin or insects in or about any bakery within the City, he shall immediately notify, in writing, the person operating or having charge of the operation of such plant or other food manufacturing place to eliminate such condition within 7 days from the date of such notice. If any person, operating or having charge of the operation of such food factory, fails to comply with the orders of such notice, the Health Officer may close and fumigate such bakery or food factory in addition to imposing the penalty otherwise provided for failure to abate a nuisance.

Any person owning, managing, or in charge of any canning establishment or other place where meats, fish, oysters, fowls, fruits or vegetables are canned, cured, or preserved for human food, shall conduct such establishment in a neat, clean and sanitary manner. It is unlawful for any person canning, curing, or otherwise preserving any meat, fish, oysters, fowls, fruits, or vegetables for human food, to use, cure, can, or preserve any diseased, tainted or unwholesome meat, fish, oysters, or fowl or any diseased, decayed, or unwholesome fruits or vegetables, or any fruits from filthy boxes, baskets, or other containers, to use any chemical therein deleterious to health.

All prepared wrapped sandwiches sold or offered for sale for human consumption in the City shall be wrapped in cellophane, wax paper, or other protective covering and all such sandwiches so wrapped shall bear on the wrapper and be plainly visible to the prospective purchasers the name and address of the maker or manufacturer and the statement: “Not to be sold after (date),” which “date” shall indicate the last day on which the sandwiches can be legally sold or offered for sale, provided that all sandwiches which are kept under constant refrigeration from time of manufacture until sold may substitute for the language “Not to be sold after (date)” the following language: “This sandwich made (date).” It is unlawful for any maker, manufacturer or retailer of prepared sandwiches to sell or offer for sale to the public any prepared sandwich unless it is so wrapped and identified as by this Section provided. It is unlawful to sell or offer for sale, as by this Section provided, any sandwich subsequent to the second day after the day of preparation except those sandwiches kept under constant refrigeration from time of manufacture until sold. For the purpose of this Section the public display of any sandwich shall be presumed to be an offer to sell.

“Wholesale produce market” means and includes any place or building in which there is sold or offered for sale fresh fruits or fresh vegetables at wholesale.

It is unlawful for any person to operate any building or place as a wholesale produce market without first obtaining a building use permit therefor as herein provided.

Any person desiring to conduct or operate a wholesale produce market in the City shall first make application to the Bureau of Health of the City for a building use permit. The application shall be accompanied by a statement showing:

A. That such building or the portion thereof used in selling or repacking of produce has impervious floors with drainage facilities, satisfactory to the Bureau of Health;

B. That in such selling and repacking area, installed pursuant to the provision of the Plumbing Code of the City, there is a separate toilet for men and women, which toilet shall have floors and base of impervious material and shall be located within at least 200 feet of any person working in or using such selling and repacking area;

C. That there is a sink or running water available for use at least every 50 feet in the repacking area of such market;

D. That there are racks installed in the selling and repacking areas of such market which racks must be at least 18 inches above the floor of such areas and on which racks produce to be repacked or left overnight will be placed;

E. That for the storage of food kept more than one night the facilities for such storage must be stated, the manner of which shall be approved by the Health Officer;

F. That the building complies with the building Code as the Building Code applies to stores;

G. That bins are provided for garbage disposal, and that garbage and waste material is removed once every 48 hours;

J. That the interior of the building is painted a light color and the paint is in good condition. It is unlawful to make any false statement in the application or statement attached thereto.

Upon receiving the application herein mentioned with a statement attached thereto showing that the above requirements have been fulfilled, the Bureau of Health, after ascertaining the above requirements have been fulfilled, shall issue a building use permit to conduct a wholesale produce market in the building.

Nothing contained herein shall apply or be applied to the selling of farm produce or other perishable food stuffs by the person who produced the same or by a member of his family or on his behalf by a neighbor who also produces and sells farm produce of the same character, or to bona fide employees on the farm of a farmer or person who produces the produce which he is selling, nor to any partnership of growers or growers’ or farmers’ cooperative marketing association, nor to peddlers going from store to store or house to house in the City, nor to a regularly licensed merchant in the City who sells fresh fruits in season from railroad freight cars for crushing or other processing purposes.

*For statutory provisions requiring a certificate of shellfish sanitation, see ORS 622.020.

For the purpose of this Chapter, “shellfish” includes oysters and all varieties of clams, mussels and scallops. “Crustacea” includes crabs, lobsters, crawfish, and shrimp.

It is unlawful for any person to sell, or to prepare, or to offer for sale, or to store or hold for sale, any shellfish or Crustacea within the corporate limits of the City, without first having obtained a permit from the Bureau of Health, which permit shall be subject to the conditions hereinafter provided.

Applications for permits shall be made to the Bureau of Health of the City and shall contain the name of the applicant, the address of his place of business, and in the case of oysters, the source of supply. Upon the receipt of such application the Health Officer shall forthwith cause an inspection to be made of the premises in which it is proposed to carry on the business of selling, offering and preparing for sale, storing or handling shellfish. If, upon such inspection, it appears that the premises are in a sanitary condition and properly constructed and equipped, as required by the provisions of this Chapter, and that all persons and employees engaged, or about to engage, in such business have certificates of health, and in the case of oysters, if it further appears that the source of supply of the applicant has been duly and properly certified by the State Board of Health, or approved by the United States Public Health Service, as hereinafter required, then a permit shall be issued. All permits shall expire on August 31 next following the date of issue. Permits shall not be transferable.

Such permits shall be subject to suspension or revocation by the Health Officer for any of the following reasons:

A. When it shall appear to the Health Officer that the person operating such business is not the person to whom such permit was issued;

B. Upon failure to comply with any of the conditions of this article relative to the sale, offering or preparing for sale, storing or handling or shellfish and Crustacea;

All buildings, rooms, and plants where shellfish or Crustacea are received, handled, stored, prepared for sale, or sold, or shipped, and the floors, ceilings and walls thereof shall at all times be kept in a clean and sanitary condition, and free from debris, articles or substances which may cause contamination. All rooms and places where shellfish or Crustacea are handled or prepared for sale or shipment shall be provided with hot and cold running water. All containers, receptacles, and utensils shall be thoroughly cleaned and sterilized before using. For sterilizing purposes, scalding hot water, 200 degrees Fahrenheit, or live steam shall be used. All persons employed in and about such buildings, rooms, and plants shall at all times keep their persons and clothing clean. Suitable lavatory facilities, with hot and cold running water, soap, and paper towels, shall be provided. Nothing in this Section shall be construed to modify or limit the additional regulations for oysters, hereinafter set forth.

It is unlawful for any person to bring into the City, or to sell, or to offer, or to prepare for sale therein, oysters for human food from a source not approved by the State Board of Health or by the United States Public Health Service

It is unlawful for the owner, manager, or operator of any establishment where oysters are shucked, packed or otherwise handled for sale, to permit any person to be employed in the shucking, packing or handling thereof unless such person has a food handler’s certificate required by Chapter 9.08.

(Amended by Ord. No. 134652; passed and effective June 1, 1972.) When any person engaged in the business of shucking, packing, or otherwise handling oysters for sale, is affected by pathogens which are medically associated with food-borne human illness, or when any such pathogens are present in the residence of such person, or among his employees, or within any building used in shucking, packing, storing or handling of oysters, no oysters shall be sold or delivered from any such plant or establishment, except by permission of and in the manner prescribed by the Health Officer.

Before being permitted to engage in such business, any person so affected shall submit to a physical examination and secure certification that he is free from any such pathogens, as above provided. No person with infection in his hand or arm shall be allowed to open or handle oysters, except by a special written permit from the Health Officer.

(Amended by Ord. No. 134652; passed and effective June 1, 1972.) No person affected by any pathogen which is known to be associated with food-borne illness shall be employed in any shucking plant. Nor shall any person so affected be permitted to enter any room of such plant where shellfish are opened, packed, or otherwise handled.

Samples for bacteriological examination shall be taken of shucked oysters by the Bureau of Health. Whenever it shall appear to the Health Officer that such oysters do not conform to the bacteriological standards hereinafter prescribed, the Health Officer shall take such measures as the conditions may require to protect the public health. If the condition appears imminently dangerous to the public health, he shall immediately suspend the permit of any person handling such oysters. If such condition is not imminently dangerous to the public health, he shall notify the permittee, in writing, to

forthwith remedy such condition, and in case such permittee shall fail to do so within the time prescribed in such notification, the Health Officer may suspend or revoke such permit and take immediate steps to exclude such oysters from sale in the City.

The result obtained from the bacterial examination of shucked oysters shall be interpreted in accordance with the numerical system established by the American Public Health Association’s method of rating oysters for B. Coli. Where the total score for rating of B. Coli equals 50 or more, such oysters shall be deemed contaminated.

All shippers, reshippers, packers, and wholesalers of oysters shall keep an accurate record, subject to inspection by the Health Officer or any health inspector of the City, of all lots received, shipped, or sold. All retailers shall keep an accurate record, subject to inspection, of all lots received.

Every wholesale dealer in oysters in the City shall keep a record in his office in the City, showing the source of each shipment and the name and address of the shipper or producer. The record shall be kept on file in his office for a period of 60 days after receipt thereof and shall be open to inspection by the Health Officer, or any health inspector of the City at all reasonable times. No wholesale dealer shall receive any receptacle containing oysters unless there shall be affixed thereto a label or tag upon which shall appear clearly and legibly the name and State Board of Health certificate number of the shipper or producer.

Every box sack, or other receptacle unit in which oysters are shipped from any grower, producer, shipper, or wholesale dealer shall have affixed thereto a tag or label, white or manila in color, which tag or label shall have legibly set forth thereon the State Board of Health certificate number of the grower, producer or dealer.

Tags or labels shall remain attached to the receptacle, unless the contents are removed and repacked, in which event the permittee doing the repacking shall remove the tag from the original receptacle when empty, and shall keep the same on file for a period of 60 days thereafter. Such file shall be opened to inspection by an authorized representative of the Bureau of Health at all reasonable times.

No person shall bring into the City, or have in his possession, or sell, or offer for sale, within the City, oysters which are adulterated or misbranded.

1. If after removal from the shell they have been subjected to any process whereby their solid content is decreased, or their volume increased,

3. If they consist wholly or in part of diseased, decomposed, putrid or rotten animal or vegetable substance,

4. If they contain any antiseptic or preservative which is unlawful or injurious to health,

5. If they are floated in water of lower salinity than an approximate 2-1/2 percent or two-tenths of a pound of salt to a gallon of water,

6. If any substance or substances has or have been mixed and packed with them so as to reduce, or lower, or injuriously affect their quality or strength,

7. If after removal from the shell the cleaning process to which they are submitted permits them to remain, for a longer period than absolutely necessary for cleansing, in fresh water or water of a salinity lower than an approximate 2-1/2 percent.

1. If the container or its label shall bear any statement, design or device regarding such oysters, or ingredients contained therein, which is false or misleading in any particular,

2. If the container fails to bear the State Board of Health certificate number, together with the name and address of the packer.

Rooms in which oysters are shucked, and rooms in which shucked oysters are packed, stored, washed or otherwise handled, shall be provided with floors of an impervious material, constructed so that they can be readily cleaned; and such floors must be cleaned daily. Side walls and ceilings shall be kept in a clean condition, and packing rooms must not be used for storage purposes. Adequate light and ventilation shall be provided. Flies shall be excluded at all times. The placing of shelves or any article on the walls of the packing room so as to overhang the working apparatus is prohibited.

Shucking rooms shall be separate from washing and packing rooms. Storage bins or rooms for shell stock shall likewise be constructed to permit easy and thorough cleaning and drainage.

Shucking benches shall be of an approved sanitary type. Benches and the walls immediately adjacent thereto, to a height of 2 feet above the benches, shall be of smooth, impervious material, and constructed so as to be easily and thoroughly cleaned. Wooden benches shall not be used. The use of boxes, shelves, nails, or other receptacles for storing articles or hanging clothing above or near the shucking benches is prohibited.

There shall be an abundant supply of unpolluted, cold running water and scalding hot water or live steam, each under pressure of not less than that of the City water system. For sterilizing purposes, scalding hot water 200 degrees Fahrenheit or live steam shall be used. All water that comes in contact with shucked oysters must be drawn direct from the pipe. No dipping from tubs or other receptacles of water this to come in contact with shucked oysters shall be permitted.

Only oysters which are alive with tight shells, and which are reasonably clean and from certified beds, shall be used for shucking.

The outside shell of the oyster must be reasonably free from mud and organic contamination before the oyster is removed. Water used in this cleaning process must be free from contamination.

Shucked oysters shall be washed with clean, unpolluted water. If the tub method is used, oysters must not be in contact with the water for a period in excess of 15 minutes. The washing must be of such a thorough nature that dirt and filth shall be effectively removed. If a blower or any other form of mechanical agitation is used to wash the oysters, it must be kept clean with the sediment removed after each blowing, and a fresh supply of clean water used for each blow. The period of blowing shall not be over 3 minutes, unless salt solution is used, the strength of the solution ranging between 1-2 percent depending upon the salinity of the water in which the oysters were grown. During the washing and packing process, they shall not be touched by the hand. Clean rubber gloves or their equivalent shall be used.

No oysters which have been “floated” or otherwise treated in fresh or brackish water so that there is a decrease in the solid contents, or an increase in the volume, shall be brought into, held, kept, offered for sale, or sold within the City. Oysters of the type known as the Pacific oyster shall be deemed to be “floated” or increased in volume when they have more than 12 percent free liquor and/or less than 17 percent total solids. All other types of oysters shall be deemed to be “floated” or increased in volume when they have more than 16 percent free liquor and/or less than sixteen percent total solids. It is unlawful to bring or cause to be brought into the City, or to store, hold, keep, sell, or offer for sale, oysters to which water has been added in any manner, other than is specified herein.

A. It is unlawful to bring into, or cause to be brought into, or receive in the City, shucked oysters unless the same are securely and properly packed in sealed containers. All sealing of such containers shall be done in such a way as will reveal any tampering with or removal of same, and no such container shall be opened except for the purpose of immediate consumption or for repacking. Such repacking shall be done by regularly authorized packers holding a permit for packing from the pure food and sanitation division of the Bureau of Health.

B. It is unlawful to bring into, or cause to be brought into, or receive, in the City, shucked oysters packed outside the City in milk bottles or similar open-mouthed glass containers. Glass containers covered with nontamperable sealed covers may be approved by the Health Officer.

A. Containers from which they are dispensed shall be marked with the name and shucking house number and the name and address of the shipper;

B. When the containers are opened, either by packer, wholesaler, or retailer, it shall be done under proper sanitary precautions;

C. All containers furnished by the dealer for dispensing to customers must be clean and sanitary;

E. Proper refrigeration shall be provided in all places, including retail stores, where shucked stock is kept;

F. Shucked oysters when shipped must be delivered in clean, sanitary containers. Returnable containers must be cleaned by scrubbing and by immersion in water at a temperature of at least 212 degrees Fahrenheit, or by live steam, for sufficient time to thoroughly cleanse the container and sterilize it. If the container is of such shape or construction as to preclude effective cleansing and sterilization its further use is prohibited. Wooden oyster containers are prohibited.

Shucked oysters must be packed in closed containers and thoroughly iced, but shall not be packed in contact with ice. They must be shipped the same day as opened, unless stored at 50 degrees Fahrenheit, or below, but not frozen, in closed containers and thoroughly iced, or otherwise effectively refrigerated.

It is unlawful to keep, hold or display for sale any shucked stock in bottles or other containers on the top of any showcase, or in or on any other place, at any time when the surrounding temperature is above 50 degrees Fahrenheit. The holding, keeping or displaying of shucked stock in open cans, bowls, or other containers in open windows, unrefrigerated showcases or any other place where contamination may result, is prohibited.

A solid pack shall be required when shucked oysters are sold by measure. For the purpose of this Chapter, “solid pack” means oysters which have been drained of all their adhering liquor.

Waste materials must not be permitted to accumulate in rooms where shucked oysters are packed, and such materials must be removed daily.

Suitable facilities must be furnished for employees to wash their hands. These shall consist of an abundance of hot water, a sink properly located, soap, and paper towels. Employees shall be required to wash their hands before beginning work and after visiting the water closet.

A. No person or persons shall be allowed to live or sleep in any room where oysters are shucked or packed.

B. Shell oysters must not be stored at any time on shucking room floor or on the sidewalk or other place where they may be subject to contamination.

C. Oysters, in shell or shucked, shall in no way come in contact with drainage from any source.

D. Proper toilet facilities shall be provided for use of the employees, and toilets shall be kept clean.

E. No cats, dogs, or other animals shall be permitted in rooms where oysters are shucked, packed, handled or stored.

F. All rooms in which oysters are shucked, packed, or stored shall be kept free from rats, flies, or other vermin.

All dippers, tubs, skimmers, buckets, paddles, blowers, tanks, and other utensils must be of metal, with smooth, non-corroding surfaces, or of such material and construction that they can readily be cleaned. No apparatus with which the shucked oyster comes in contact may be of wood. Apparatus and shucking knives must be thoroughly cleaned and sterilized at the end of the day’s work. All seams, joints, and crevices of utensils or apparatus, or any place that may harbor bacteria and that comes in contact with shucked oysters must be water tight and finished smooth.

All containers in which oysters have been shipped to an oyster packer or distributor must be washed clean by the packer or distributor immediately after emptying, and before returning to the shipper.

Tanks and containers for shucked oysters shall be scoured until clean, and sterilized by steam in a steam chamber or box fitted with an indicating thermometer, or by boiling water, before being used in any way for the packing of oysters.

The outer clothing worn by persons engaged in shucking oysters shall be of material which can be readily cleaned, and only clean garments shall be worn. Each shucker shall be required to wear a clean rubber or oil skin apron.

All bottles, cans, cartons, and other containers used in any manner for the transportation or delivery of shucked oysters from the packer to the consumer shall be plainly labeled or marked with:

D. The net amount of contents, except when packed in approved standard sized bottles. The label or mark shall be in letters of a size and kind approved by the Health Officer, and shall contain no marks or words not approved by the Health Officer.

Any person who shall falsely brand, mark, stencil, or label any container required by the provisions of this article to be branded, stenciled, or labeled, or shall remove, alter, deface, mutilate, obliterate, imitate, or counterfeit any brand, number, mark, stencil, label, or distinctive seal so required, shall be deemed guilty of a violation of this Chapter.

No person dealing in shucked oysters shall give, furnish, sell, offer for sale, or deliver shucked oysters in any amount, except for consumption on the premises unless the same shall be offered for sale or delivered in sanitary containers, approved by the Health Officer. Such containers so approved shall comply with all requirements for labeling or marking as herein provided.

Bottles or other containers used in the sale and delivery of oysters shall be filled only in a clean and sanitary room provided and equipped for that purpose. Bottles or containers shall be filled by such methods only as shall be approved by the Health Officer. They shall not be removed from the room until after they are stopped, capped, or closed.

No person shall transfer, for purpose of sale, any oysters from any can, bottle, or receptacle to another in or on any street, alley, or thoroughfare, or upon a delivery truck or other vehicle, or in any building or place other than an oyster packing or filling room having a permit issued by the Bureau of Health.

It is unlawful for any person to throw, place, deposit, or cause or permit to be thrown, placed or deposited, any bottle or container in which oysters have been packed and which may be again used for that purpose, in any container used for the reception of garbage, rubbish, ashes, or waste material; or to use, cause, or permit to be used, any such bottle or other container for any purpose other than as a receptacle for good, wholesome food.

Caps of bottles or containers which are to be used in the packing of oysters shall be stored and kept in such a manner as to be protected against contamination until used.

Every room in which bottles or containers used in the delivery or sale of oysters are cleaned or stored shall be equipped with the necessary facilities for cleaning and sterilizing and the proper storing of such containers.

A. “Biodegradable”, means material capable of being broken down by microorganisms into simple substances or basic elements.

B. “Chlorofluorocarbons”, are the family of substances containing carbon, fluorine and chlorine.

C. “Customer”, means any person obtaining food or beverages from a restaurant or retail food vendor.

E. “Food packager”, means any person, located within the City of Portland, who places meat, eggs, bakery products, or other food in packaging materials for the purpose of retail sale of those products.

F. “Non-profit food provider”, means a recognized tax exempt organization which provides food as a part of its services.

G. “Prepared food”, means food or beverages which are served on the vendor's premises without preparation, or are prepared on the vendor's premises by cooking, chopping, slicing, mixing, brewing, freezing or squeezing. "Prepared food" does not include any raw uncooked meat or eggs. Prepared food may be eaten either on or off the premises.

H. “Person”, means any natural person, firm, corporation, partnership, or other organization or group however organized.

I. “PSF”, means any material composed of polystyrene and having a closed cell air capacity of 25 percent or greater, or a density of less than 0.787 grams per cubic centimeter based on an average polystyrene density of 1.05 grams per cubic centimeter, as determined by an analytical testing laboratory.

J. “Recycled”, describes a type of material that is separated from the solid waste stream and utilized as a raw material in the manufacture of a new product or new economic use.

K. “Restaurant”, means any establishment located within the City of Portland, selling prepared food to be eaten by customers. Restaurant includes a sidewalk food vendor.

L. “Retail Food Vendor”, "Vendor" means any store, shop, sales outlet or other establishment, including a grocery store or a delicatessen, located within the City of Portland, which provides prepared food.

M. “Reuse”, means the process by which a product is reclaimed or reprocessed into another useful product.

A. On and after March 1, 1989, no restaurant, retail food vendor or non-profit food provider shall serve food and after June 30, 1989 no packager shall package meat,eggs, bakery products or other food in polystyrene foam (PSF) containers, manufactured with chlorofluorocarbons (CFCs) which do not reduce the potential for ozone depletion by more than 95 percent, compared to the ozone depletion potential of CFC-12 (dychlorodifluorothane). Compounds banned include: CFC- 11, CFC- 12, CFC-113, CFC-114, CFC-115, Halon-1211, Halon-13-1 and Halon2402. Food vendors may be required to furnish a written statement from the manufacturer or supplier of polystyrene foam products used by that food vendor, indicating that the chemical compounds used in the manufacture of the vendor's polystyrene foam products meet the provisions of this code.

B. On and after January, 1990, no restaurant or retail food vendor shall serve prepared food in any polystyrene foam (PSF) products.

The City Council, or its appointee, may exempt a food vendor, food packager or non-profit food provider from the requirements of this Code for a one year period, upon showing by the applicant that the conditions of this Code would cause undue hardship. The phrase undue hardship, shall be construed to include, but not be limited to:

A. Situations where there are no acceptable alternatives to PSF packaging for reasons which are unique to the vendor, packager or provider;

B. Situations where compliance with the requirements of this Code would deprive a person of a legally protected right. If a request for exemption is based upon a claim that a legally protected right would be denied if compliance were required and such request for exemption is denied, review of the denial shall only be by writ of review as provided for in ORS 34.010 to 34.102, and not otherwise.

A. The Bureau of Environmental Services Administrator, upon determination that a violation of this code or regulations duly adopted pursuant to this code has occurred, shall issue a written notice of the violation by certified mail to the vendor or food packager which will specify the violation and appropriate penalty.

B. The vendor or food packager shall, upon receipt of a notice of violation, pay to the City the stated penalty or appeal the finding of a violation to the Code Hearings Officer for a hearing within 15 days of receipt of the notice.

B. A fine not exceeding $500 for the second and each subsequent violation in a one year period.

The City of Bureau of Environmental Services is authorized to promulgate additional regulations and other actions reasonable and necessary to enforce this code. Prior to the adoption of such regulations, the Bureau of Environmental Services shall give public notice of its intent to adopt regulation, provide copies of the proposed regulations to identified interested parties and conduct a public hearing on the proposed regulations. Public notice shall be given when regulations have been finally adopted. Copies of current regulations shall be made available to the public upon request.

If any part or provision or this Code of the application thereof to any person or circumstances is held invalid, the remainder of the Code, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Code are severable.