O#141ORDINANCE N0. 141
AN ORDINANCE REGULATING T~ PRODUCTION,
TRA3~SPORT~TION, HANDLING, STORAGE, AND SA~E
0F FOODS AND DRUGS IN THE T0¥%q~ OF BOY~TTON,
FLORID~A AND PROVIDING PENALTIES FOR ITS
VIOI~T IONS.
Section i. That for the purpose of this Ordinance the
word ~food~ is hereby defined to mean all articles used for
food, drink, confectionery, or condiment by man or other
animals, whether simple, mixed or compound. The word
'~drug" is hereby defined to mean all medicines and pre-
parations recognized in the United States PharmacoPoeia
or National Formulary for internal or external use,
and any substance or mixture of substance intended to be
used for the cure, mitigation, or prevention or disease
of either man or other animals. The term ~food handler~
is hereby defined to mean any person whose duties bring
him in contact with-foods, whereby such handling might
convey disease to the consumer. The term~ '~Tood estab-
lis~hment is hereby defined to mean any place where foods
are sold, kept, stored, offered or exposed for sale, man-
ufactured, slaughtered, prep~red or processed.
Section 2. All food establishments shall be properly
lighted and ventilated, free 'from dampness, clean, and
free from a~l kinds of dirt, refuse, rubbish, useless or
offensive material, ants, roaches, rats, mice or other
vermine, and all windows and doors therein shall be fitted'
with screens of not l~Ss than No. 18 wire mesh, each door
to be provided with a self-cloSing device, or properly
protected by high powered electable fans.
Section 3. The walls and ceilings of any room or place
where foods are prepared, compounded, manufactured~or
processed and such places used for slaughtering, killing
and dressing of animals, fish, fowl and game used for
food sh~ll be of smooth, hard material, kePt in good repair
clean and in a sanitary condition, and painted with oil
paint in white or light colors, and the floors thereof
shall be smooth and watertight, and shall be kept in good
repair, clean and sanitary. The floor of a place used for
slaughtering or dressing any animal, fish or fOwl, or for
manufacturing, cleaning, washing, preparing, canning or
bo~t!ing of food products, such as vegetables, fruit,
salad dressing, potato chips, meat products, soda pop,
soda water, ice cream, dairy products, vinegar, syrup
tracts, beverages, j lly, jam, marmalade, shall be of
concrete or other imper-vious material and the side' walls
shall be of concrete or other impervious material, or
wainScote~ with such material to a height of at least four
feet. V~here concrete or other impervious, floors are
required, such floors sb~ll be constructed so
as to facilitate proper'drainage to drain pipe,
tra~s and catch basins and Such drainage shall
be disposed of in conformity with the plumbing
regulations governing same.
Section 4. No part of any food establishment
shall be used for sleeping purposes or for the
stabling or housing of any animal or animals~ live
fowl, or fowls unless such room or rooms~ place or
places, are separated therefrom by solid, impenetrable
walls, Free from doors, windows, or any other opening
of any kind whatsoever. Live fowls shall be housed
separate and apart from any room used aA a grocery~
meat market or other food establis~uento
Section 5. .All windows, shelves, tables~ cases~ or
counterS~used to display food, except fruits and
vegetables in their native state w~ch are customarily
peeled or cooked, shall be enclosed in such manner
as to protect the food.from being contaminated by t!~e
public, vermin, dust, insects, and other sources of
contamination. Such enclosed windows, cases, tables,
shelves, a~d counters shall be kept clean and in good
repair.
Section 6. There ~hall be s~fficient facilities
for proper refrigeration at a temperature of no
higher than 48 degrees Fahrenheight, and all re-
frigerators~ ice boxes and appurtenances thereto
used in ar~v manner in conr~ection with a fOod estab-
lishment shall be kept in good repair, clean and
sanibary, and the water therefrom shall be disposed
of in conformity with the plumbing regulations gov-
erning same.
Section Vo Garbage and waste materials shall not
be allowed to become' a nuisance, but shall be places
in suitable galvanized iron or other approved sanita.~y
metal cans which are water tight and which shall be
kept covered with close-fitting lids. Garbage cans,
after being emptied, shall.be cleaned and disinfected
to prevent offensive odors and make them less
attractive to flies and other insects.
Section 8. No food shall be deposited or allowed to
remain within eighteen (18) inches of the surface of the
floor when exhibited, unless the same shall be con-
tained in tig~t boxes or other receptacles adequately pro-
tected from contamir~tion. NewSpapers shall not be used
for wrapping foods nor for ~overs on tableS, shelves,
drawers, etc. nor in any manner come in contact with
foodstuffs.
Section 9,, No food shall be exhibited, stored, or
kept on the outside of any store, in any doorway~ yard
sidewalk~ areaway, or public thorofare except as provided
for in Section ~- of this ordinance.
Section i0. All food b~ndlers shall wear clean outer
garments and keep their persons ~crupulously clean at all
times.
Section ll. All machinery utensils, tools, meat blocks,
tables and other z~.~.tures sb~ll be kept clean, sanitary
and in good repair at all times°
Section 12, Amole running hot and cold water or other
means satisfactory to the Health Officer shall be provided
for the proper cleansing of all food establis!aments and oF
all equipment therein. .
Section 13. A sufficient number of open seat flush toil-
ets, wa~ rooms and'dressing rooms shall be provided for
conveniently_located for all employees and no toilet shall
be located in or immediately conneoted with any room oF a
food establisbm~ent~ and shall ventilate to the outside of
building. The plumbing and Building Codes shall govern
the numbe~ of an'construction of t~se installations.
~ shall be kept clean and in good repair,
All to.~e~ rooms
with washboWls~ soap, and individual towels, Common towels
and co~on drinking cups are pr0hib~ed. All employees
before begirming work and after visiting toilet rooms shall
wash hands and arms thoroughly in clean water.
Section 14o Cellars or basements sb~ll not be used as
food e stabli'sbm~ents for either'manufacturing, preparing,
storing, or sell~m~ foodstuffs, unless approved by the
Health Officer.
Section 15. Adequate grease traps shall be installed in
all food establishments where fats or oils are used in
cooking of preparing foodstuffs and s~hall be kept skimmed
to propemly function as required by Plumbing regulations.
All ventilating am.d exhaust systems shall be constructed
as required by ~the Building Ordinance.
Section !6. All dishes, glasses, kniveS~ forkS, spoons~
and other utinsils or articles in the preparation and
service of food~ or drink after being so used shall be
thoroughly washed in hot water with s~o~p or suitable
cleansing agent and then shall be sterilized bY being
exposed to live.steam or boiling water at a temperature
of not less than two hundred and twelve (~12) degrees
Fahrenheit for a period of five (5) minutes or by being
placed in an antiseptic solution approved by the Health
Officer smd then rinsed in clean water, HoWever, in lieu
of the above requirements, or when it is found impossible
or inexpedient to use live Steam or boiling water~ sterile
dishes~ cups, and spoons manufactured from pape~ Wood
or any other suitable material~ which h~.ve been kept in
dust proof containers before using~ may be used for one
service onlyo These s~hall be destroyed when removed from
service counter.
Section 1V. The use of stra~s, sugar, and toothpicks
in open containers not protected from contamination
by people, vermine, dust, insects and other contaminating
agencies is prohibited.
Section 18o All ranges, stoves, and Ovens shall be
provided with ventilating hoods and pipes or other
aPDroved mec~niCal means for ventilatingthe room or
place they occupy when adequate ventilation can not be
Secured by other means and shall be kept clean and
sanitary.
section 19. Foods individually served to customers,
or foods b~ndled or partly consumed by customers and
then returned t~ the kitchen or serving room shall not
b~ serv~d~gain. ~ ~ ~'
Section ~0. Nothing but clean~ fresh cloths sb~ll be
used for Wiping and drying dishes, glasses and other
utensils or be permitted to come in contact with any
foodstuffs.
Section Bl o Eilk must be- kept properly refrigerated
and shall be served from individual and original bottle
only ,
section ~2. None' other than Federal~ or approved
State~, ~County or ~unicipally inspected and branded
meats or meat products except fish and p~ultry Shall
be bad in possession with intent to sell~ offered or
exposed for sale, sold Or served or served in the
Town of Boynton peddling or the selling of any meat, meat
products or fish is prohibited upon any public thorough-
fare, sidewal~, open lOt~ or other place tb~t dOes not
comply with the sections of this 0rdina~uce governi~
food establishments. Federal Bureau of Animal
Industry Regulations shall govern all disposition of meat
and meat products.
Section ~3. The owner, agent, manager, or other person
owning or operating a food establishment sb~ll not
himself handle foods nor employ, retain, nor Continue-in
his emplOy any food handler unless he 'or said food
handler can show at any time a certificate of physical
examination signed bY a physician approved by the Health
officer, declaring said food handler to be free from any
contagious, infectious, or cormmunicable disease, such
examination having taken place and certificate issued
with the preceding 180 days. Such examination will be
made and certificate is~Sued by a medical officer of the
Tov~rn at a cost not to exceed one dollar ($1~O0) and in
the event said certificate is lOst and satisfactory
proof of such loss is given, a duplicate will be issued
for imf~' ty cents (o~0) provided tb~t no portion, of this
section shall preclude the re-examination, wmthout
additional cost to any foodh~udler at any time when
deemed advisable by the Health Officer.
Section ~ Peddling of fruits and vegetables
shall be done only frsm screened vehicles approved
by the Health 0fficer~ All FoOds conveyed throughthe
streets of Boynton except thoseWhich are habitually
peeled or Cooked before ca'ting Shall be protected from
dust, dirt, flies and other insects by clean cOvers or
other approved method and all conveyances, baskets~
boxes or other receptacles in which food products are
transported s~ll at all times be kept in a clean
and sanitary condition°
Section ~5o FoOds uffs such as meat, fish, bakery
good, confectionery, fresh or dried fruits, pickled
goods, preserves, etc., that are to be eate~ unpeeled
or uncooked or which are not wrapPed in a sanitary
approved wrapper shall be protected by approved method
from dust, dirt, public hand~ng, and other ferms of
contamination.
Section BBc Any Vehicle co~ei~ri~ally used for
transporting or delivering food except that of an
Express Company, Transfer Company or Farmer's Vehicle,
shall have painted on both sides thereof-plainly and
legibly in letters no smaller than one inchin b~eight,
the kind of business, together with the owners or firm's
name and address.
Section 2V. The Town Marshal shall have authority
to forbid the sale of any food or drug~ whether local
or foreign production, which is produced or' handled in
any manner under unsanitary conditions. ~aere foreign
inspection is necessary, the cost of such inspection
shall be paid in advance to the Town 'of Boynton by the
persons applying for such inspection.
Section 28. It shall be unlawful toOperate any food
eStablisbnnent without first obtaining a permit from the
Health Department of the Town of Boynton, and such
permit shall be renewed each year at the time the Town
licenses become due.
(a) No occupation license shall be issued
to food establishments where foods are sold, kept,
stored, offered or exposed for sale, manufactured,
slaughtered, prepared or h~ndled in any ma~er be-
fore such permit has been issued by the Health Department.
~'(b)· Before issuance of any building, plumbing
or electrical permit covering establis~ents where food
is kept, prepared, handled or sold, the approval of'the
HeaIth Officer Shall be secured before such permit
shall be issuede
Seotion 29. No person within the TOwn of Boynton
shall manufacture for sale therein, have in pOssession
with intent to sell, offer or expose for sale, sell,
transpor.t, or deliver any article of food or drug
which is adulterate& or misbranded within the meaning
of the Federal Food and Drugs Act of June 30, 1906,
as amended.
Section 30. The rules and regul~tions for the
enforcement of the 'Federal Food and DrUgs Act, embodied
in Service and Regulatory Announcements, Food and Drug
No. l; Food, Drug and InsectiCide Administration United
States Department of Agriculture-are hereby adopted~
together with such rules and regulations as the Health
Department shall make or cause to be made from time to
time .
Section 31. The definitions and standards issued
by the United States Department of Agriculture, Oy the
Food, Drug and InseCticide Administration of that
De~rtment by the State of Florida, or by the Town of
Boynton shall be used as guides in the ~nforcement of
this~ ordinance.
(a'~ For the purpose of this ordinance fresh
oysters showing more. than ten per cent (i0%) of free
liquor, of having a Bacillus coli ~core of more t~n
fifty (50) or showing any other indication of t'he
presence or'harmful bacteria shall be considered to be
adulterated.
(b) Ice cream mix is the product made from milk,
cream and/or ot~r milk products, and sugar (sucrose)
with or without the addition of eggs, harmless flavoring
materials, harmless vegetable colors or certified Coal-
tar colors, gelatin or vegetable gums, such. gelatin ~m
in amount not to exceed five'tenths of one per cent, of
the weight of tD~ mix, it shall be pasteurized by being
heated to a temperatur~ of 150 degrees Farhenheit and
held at said temperature for thirty minutes, or by flash
pasteurization at 185 degrees Farenheit.
(c) Ice Cream is the product made by freezing Ice
Cream MiX. Ice Cream shall contain not less than ten per
cent of milk fat.
(d) Fruit Ice Cream is the product made by freezing
Ice Cream MiX with the addition of Clean, sOUnd, mmture
fruit. Fruit ice Cream shall contain not less than eight
per cent of milk fat.
(e) Nut Ice cream is the product made by'freezing
Ice Cream Mix with the addition of clean, sound, non-
rancid nuts. Nut Ice Crea~a shall contain not less than
eight per ce~t of Milk fat.
(f) The terms ~custard."~ megg-Nogg~' and simml~
terms denoting the presence of 'egg, shalI not be used in
connection with frozen products unless such frozen
products contain substantial amount of egg.
(g) Any frozen product tb~t does not comply with
the definitions and standards hereinabove stated sb~ll
have plainly printed on each package, either wholesale
or retail, the coupon names of the ingredients contained
therein and shall not be Sold under the name of Ice
(h) It shall be a violation of this ordinance for any
person to sell or to expose for sale any meat or meat
preparation whether such meat or meat preparation ~be
raw or.prepared for human consumption which is falsely
represented to be kosher or to have been prepared under
and of a product or products sanctioned by the Orthodox
Hebrew religious requirements; or to falsely represent
any food-product or the contents of any package or con-
tainer to be so constituted and 'prepared by having 9r
permitting to be inscribed thereon the word ~KosherTM
in any language; or to sell or to expose for s~le in
the same place of business both kosher and non-kosher
meat or meat preparations either raw or prePared for
human consumption unless his window signs bear the
words "kosher and non-kosher meat sold~here" in block
letters at least fOur (~_) inches in height; of to ex-
pose for sale in any show window or place of business
both kosher and non-kosher meat or meat preparations~
either raw or prepared for human consumption, unless ~
there is displayed over each kind of meat or meat pre-
paration sb exposed a sign' specmf~ing' olainly_, and conspicu-
ously ~kosher meat~ or ~non-kosher meat as the case may
be o
Section $2. The Town ~arshal shall have the right
at any and all reasonable times to enter upon or in any
premises where there are articles of food or drug to examine
and to inspect such articles of food or drug, and to
appropriate a reasonable portion of any such food or
drug product for the purpose of use as samples and for
inspection or test.
Section J$. Any article, of food or drug Which'the
Tow~ ~arsb~l Or Health 0fficermay'be~lieve by reason
of inspection, preliminary tests, or otherwise to be
in violation of the provisions Of this ordinance shall
be with-held from sale or disposal in any other manner
at such place and in'such marker aS~'~he said officials
may direct, until confirmative' samples shall~have been
examined and violation of'~his ordinance proved or dis-
proved as the case may be.
Section $~o Any article of food or drug which is
found to be in Viola. rich of the provisions of this
ordinance~shall be Confiscated by or ~nder the direction
of the Health Officer and shall be disposed of as £ollows~
(a) It shall be destroyed~or rendered unfit for
fOod or drug use by its owner in such manner as the
Healthr0fficer may prescribe and under the supervision
of a city employee designated by Health Officer provided,
however, that condemned foods which may be held without
creating an immediate nuisance or unsanitary conditions
which would affect the health or dignity of the community,
s~hall be held under an official s'eizure tag or seal for
a period of sixty days, so as to give the owner of same a
reasonable !engthof time to file claim for any interest
he may have in said condemned foods, or if the violation
is of such nature that it can be corrected by suitable
and proper labeling or relabeling, such labeling or re-
labeling shall be accomplished by the owner under the
supervision of a City employee designated by the Health
Officer..
(b) In aninstance where labeling or relabeling is
impracticable, proper information as to the nature of the
article in question shall be conveyed to its possible
purchasers or consumers by suitable signs or by similar
means which have the approval of the Health 0~fice~o
(c) .Reconditioned foods or drugs not adulterated or
misbranded within the meanzng of this ordinance, shall
be plainly, prominently, and &~gibly labeled in type no
smaller than ~/8 inches high with the statement
~Th~s is a reconditioned product?
Section $5° Any advertising regarding an article of
food or drug, whether by means of signs, posters~ placards,
handbills, newspapers or magazine advertisements~ displays
or by any other means whatsoever shall be subject to the
same requirements as for lab&l~', wrappers, circulars, and
other descriptive mattsr in or on the immediate package
of the article in question..
Section '38. All ordinances or parts of ordinances o~
sections or parts of sections in conflict with any of the
provisions herein above stated are hereby repealed.
Section 37° .The violation of this ordinance or of any
of its provisions or sections or parts of sections Shall
be p~nishable by~a fine of not more than five hundred
dollars ($500.00) or by imprisonment of not more than
ninety (90) days or by both such fine and imprisonment°
Section 38° Any person misrepresenting himself to be,
or in any manner impersonating an officer of the Health
Department for the purpose of enforcing or carrying out
any of the' foregoing sections of this ordinance shall,
upon conviction thereof, be pflnisb~d as provided for in
Section 3V~ of this ordinance.
Section 39. Should any of the provisions or sections
or parts of sections o£ this ordinance be declared in-
valid in-any judicial proceeding~ such partial invalidity
shal~~ n0t~be deemed to effect the remainder of the
Ordinance.
The above and forsgoing Ordinance~ having been
read in full at a Meeting of the
Board of Town Comm~ers on
A. D. 1934, was duly passed and a~ Opted-on ib~-~---
~second and final reading at a regular _~ieeting of
the Board of town Co~nnissioners held April 3rd,