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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,