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Legislation #: 120108 Introduction Date: 2/2/2012
Type: Ordinance Effective Date: none
Sponsor: None
Title: Repealing Ordinance Nos. 081252, 090937 and 110285 and amending Chapter 30, Code of Ordinances, by repealing Sections 30-71 through 30-77, and enacting in lieu thereof new Sections 30-71 through 30-77 of like number and subject matter to adopt the 2005 FDA Food Code with various modifications and incorporating the Code by reference for the purpose of updating the Kansas City, Missouri Food Code.

Legislation History
DateMinutesDescription
1/30/2012 Filed by the Clerk's office
2/2/2012 Referred to Neighborhoods & Healthy Communities Committee
2/8/2012 Do Pass
2/9/2012 Assigned to Third Read Calendar
2/23/2012 Passed

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ORDINANCE NO. 120108

 

Repealing Ordinance Nos. 081252, 090937 and 110285 and amending Chapter 30, Code of Ordinances, by repealing Sections 30-71 through 30-77, and enacting in lieu thereof new Sections 30-71 through 30-77 of like number and subject matter to adopt the 2005 FDA Food Code with various modifications and incorporating the Code by reference for the purpose of updating the Kansas City, Missouri Food Code.

 

WHEREAS, Ordinance Nos. 081252, 090937 and 110285 adopted the 2005 FDA Food Code and made subsequent changes during the last few years in three different ordinances; and

WHEREAS, the City desires to modify Food Handler training requirements, resulting in more needed changes to the Food Code; and

WHEREAS, to assist those looking for the Food Code and any changes, and to avoid confusion, it is best to repeal the previous ordinances and place all changes in one ordinance; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Ordinance Nos. 081252, 090937 and 110285 are hereby repealed.

Section 2. That Chapter 30, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 30-71 through 30-78, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

ARTICLE III. FOOD SERVICE ESTABLISHMENTS

Sec. 30-71. 2005 Food Code Adopted.

(a) The Food Code, 2005 Recommendations of the United States Public Health Service/Food and Drug Administration, Section 1-101.10 through section 8-813.10, as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration be, and is hereby adopted as, the 2005 Food Code (2005 Food Code) of the City of Kansas City, Missouri for regulating the design, construction, management and operation of food establishments, and providing for plans submission and approval and the issuance of permits and collection of fees therefore. The 2005 Food Code is hereby adopted by reference with modifications as specified in this Article, and for all intents and purposes incorporated into this Article as if fully set forth in this Article, and shall be in force and effect as the Kansas City Missouri Food Code, and may be cited as such.

(b) Exceptions to the incorporation by reference are as follows:

(1) Delete Section 1-201.10(B) at its entirety; and substitute: [(B) Terms Defined. As used in this Code, each of the terms listed in ¶ 1‑201.10(B) shall have the meaning stated below.

(1)   Accredited Program 

(a) Accredited program means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals.

(b) Accredited program refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, re-certification, discipline and grievance procedures; and test development and administration.

(c) Accredited program does not refer to training functions or educational programs.

 

(2)   Additive

(a) "Food additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, ' 201(s) and 21 CFR 170.3(e)(1).

(b) "Color additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, ' 201(t) and 21 CFR 70.3(f).

(3)   Adulterated has the meaning stated in the Federal Food, Drug, and Cosmetic Act, ' 402.

(4)  Approved means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

(5)  Asymptomatic

(a)   Asymptomatic means without obvious symptoms; not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice.

(b) Asymptomatic includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested.

(6)  aw means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol aw.            

(7)   Balut means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching.

(8)  Beverage means a liquid for drinking, including water.

(9) Bottled drinking water means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.

(10) Casing means a tubular container for sausage products made of either natural or artificial (synthetic) material.

(11) Certification number means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program.

(12) CFR means Code of Federal Regulations. Citations in this Code to the CFR refer sequentially to the Title, Part, and Section numbers, such as 40 CFR 180.194 refers to Title 40, Part 180, Section 194.

(13) CIP

(a) CIP means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine.

(b) CIP does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system.

(14) Commingle means:

(a) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label, or

(b)  To combine shucked shellfish from containers with different container codes or different shucking dates.

(15) Comminuted.

(a) Comminuted means reduced in size by methods including chopping, flaking, grinding, or mincing.  

(b) Comminuted includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of 2 or more types of meat that have been reduced in size and combined, such as sausages made from 2 or more meats.

(16) Conditional employee means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed to identify potential food employees who may be suffering from a disease that can be transmitted through food and done in compliance with Title 1 of the Americans with Disabilities Act of 1990.

(17) Confirmed disease outbreak means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness.

(18) Consumer means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.

(19) Corrosion-resistant material means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.

(20) Counter-mounted equipment means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.

(21) Critical control point means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.

(22) Critical Item

(a) Critical item means a provision of this Code, that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or environmental health hazard.  

(b) Critical item is an item that is denoted in this Code with an asterisk *.

(23) Critical limit means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur. 

(24) Disclosure means a written statement that clearly identifies the animal-derived foods which are, or can be ordered, raw, undercooked, or without otherwise being processed to eliminate pathogens, or items that contain an ingredient that is raw, undercooked, or without otherwise being processed to eliminate pathogens.

(25) Drinking Water

(a) Drinking water means water that meets criteria as specified in 40 CFR 141 National Primary Drinking Water Regulations.

(b) Drinking water is traditionally known as "potable water."

(c) Drinking water includes the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "nondrinking" water.

(26) Dry storage area means a room or area designated for the storage of packaged or containerized bulk food that is not potentially hazardous (time/temperature control for safety food) and dry goods such as single-service items.

(27) Easily Cleanable

  (a) Easily cleanable means a characteristic of a surface that:

(i) Allows effective removal of soil by normal cleaning methods;

(ii) Is dependent on the material, design, construction, and installation of the surface; and

(iii) Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use.

(b) Easily cleanable includes a tiered application of the criteria that qualify the surface as easily cleanable as specified in Subparagraph (1) of this definition to different situations in which varying degrees of cleanability are required such as:

(i) The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or

(ii) The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.

 

(28) Easily movable means:

(a)   Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and

(b) Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.

(29) Egg

(a) Egg means the shell egg of avian species such as chicken, duck, goose, guinea, quail, ratites or turkey.

(b) Egg does not include:

(i) A balut;

(ii) The egg of reptile species such as alligator; or

(iii) An egg product.

(30) Egg Product

(a) Egg Product means all, or a portion of, the contents found inside eggs separated from the shell and pasteurized in a food processing plant, with or without added ingredients, intended for human consumption, such as dried, frozen or liquid eggs.

(b) Egg Product does not include food which contains eggs only in a relatively small proportion such as cake mixes.

(31) Employee means the permit holder, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food establishment.

(32) Enterohemorrhagic Escherichia coli (EHEC) means E. coli which cause hemorrhagic colitis, meaning bleeding enterically or bleeding from the intestine. The term is typically used in association with E. coli that have the capacity to produce Shiga toxins and to cause attaching and effacing lesions in the intestine. EHEC is a subset of STEC, whose members produce additional virulence factors. Infections with EHEC may be asymptomatic but are classically associated with bloody diarrhea (hemorrhagic colitis) and hemolytic uremic syndrome (HUS) or thrombotic thrombocytopenic purpura (TTP).  Examples of serotypes of EHEC include: E. coli O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM; E. coli O103:H2; or E. coli O111:NM. Also see Shiga toxin-producing E. coli.

(33) EPA means the U.S. Environmental Protection Agency.

(34) Equipment

  (a) Equipment means an article that is used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine.

(b) Equipment does not include apparatuses used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.

(35) Exclude means to prevent a person from working as an employee in a food establishment or entering a food establishment as an employee.

(36) Farmer’s Market means an organized, reoccurring operation at a designated location used by local farmers and producers primarily for distribution and sale of locally produced agricultural products, or a limited amount of non-agricultural locally produced products. A Farmer’s Market is not an event.

(37) Farmer’s Market Vendor means a business, farmer, or producer, or a designated representative of a business, farmer or producer operating for commercial purposes at a Farmer’s Market.

(38) FDA means the U.S. Food and Drug Administration.

(39) Fish

(a) Fish means fresh or saltwater finfish, crustaceans and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, if such animal life is intended for human consumption.

(b) Fish includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.

(40) Food means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

(41) Foodborne disease outbreak means the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.

(42) Food-contact surface means:

(a) A surface of equipment or a utensil with which food normally comes into contact; or

(b) A surface of equipment or a utensil from which food may drain, drip, or splash:  

(i) Into a food, or 

(ii) Onto a surface normally in contact with food.

(43) Food employee means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

(44) Food Handler means an employee who prepares, handles, or dispenses food for human consumption, or who comes into contact with food or food preparation utensils.

(45) Food Establishment

(a) "Food establishment" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:

(i) Such as a restaurant; central preparation facility; catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending (location) operation, if the operation provides potentially hazardous foods; conveyance used to transport people; institution; or food bank; and

 (ii) That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.

(b) Food establishment includes:

(i) An element of the operation such as a transportation vehicle or a satellite catered feeding location, a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and

(ii) An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.

(c) Food establishment does not include:  

(i) An establishment that offers only prepackaged foods that are not potentially hazardous (time/temperature control for safety) foods;  

(ii) A produce stand that only offers whole, uncut fresh fruits and vegetables;

(iii) A food processing plant;

(iv) A kitchen in a private home if only food that is not potentially hazardous (time/temperature control for safety) food, is prepared for sale or service at a function such as a religious or charitable organization’s bake sale if allowed by law and if the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority;

(v) An area where food that is prepared as specified in Subparagraph (3)(d) of this definition is sold or offered for human consumption;

(vi) A kitchen in a private home, such as a small family daycare provider; or a bed-and-breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 4, breakfast is the only meal offered, the number of guests served does not exceed 12, and the consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the regulatory authority; or

(vii) A private home that receives catered or home-delivered food

(46) Food Processing Plant

(a) Food processing plant means a commercial operation that manufactures, packages, labels, or stores food for human consumption, and provides food for sale or distribution to other business entities such as food processing plants or food establishments.  

(b) Food processing plant does not include a food establishment.

(47) Game Animal

(a) Game animal means an animal, the products of which are food, that is not classified as livestock, sheep, swine, goat, horse, mule, or other equine in 9 CFR 301.2 Definitions, or as Poultry, or fish.

(b) Game animal includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.

(c) Game animal does not include ratites.

(48) General use pesticide means a pesticide that is not classified by EPA for restricted use as specified in 40 CFR 152.175 Pesticides classified for restricted use.  

(49) Grade A standards means the requirements of the United States Public Health Service/FDA "Grade A Pasteurized Milk Ordinance" with which certain fluid and dry milk and milk products comply.

(50) HACCP plan means a written document that delineates the formal procedures for following the Hazard Analysis and Critical Control Point principles developed by The National Advisory Committee on Microbiological Criteria for Foods.

(51) Handwashing Sink

(a) Handwashing sink means a lavatory, a basin or vessel for washing, a wash basin, or a plumbing fixture especially placed for use in personal hygiene and designed for the washing of the hands.

(b) Handwashing sink includes an automatic handwashing facility.

(52) Hazard means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.

(53) Health practitioner means a physician licensed to practice medicine, or if allowed by law, a nurse practitioner, physician assistant, or similar medical professional.

(54) Hermetically sealed container means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.

(55) Highly susceptible population means persons who are more likely than other people in the general population to experience foodborne disease because they are:

(a) Immunocompromised; preschool age children, or older adults; and

(b) Obtaining food at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center.

(56) Imminent health hazard means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on:

(a) The number of potential injuries, and

(b) The nature, severity, and duration of the anticipated injury.

(57) Injected means manipulating a meat so that infectious or toxigenic microorganisms may be introduced from its surface to its interior through tenderizing with deep penetration or injecting the meat such as by processes which may be referred to as "injecting," "pinning," or "stitch pumping.”

(58) Juice 

(a) Juice means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purées of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or purée.

 

(b) Juice does not include, for purposes of HACCP, liquids, purées, or concentrates that are not used as beverages or ingredients of beverages.

(59) Kitchenware means food preparation and storage utensils.

(60) Law means applicable local, state, and federal statutes, regulations, and ordinances.

(61) Linens means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.

(62) Major Food Allergen

(a) Major food allergen means:

(i) Milk, egg, fish (such as bass, flounder, cod, and including crustacean shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or

(ii) A food ingredient that contains protein derived from a food.

(b) Major food allergen does not include:

(i) Any highly refined oil derived from a food specified in Subparagraph (1)(a) of this definition and any ingredient derived from such highly refined oil; or

(ii) Any ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).

(63) Meat means the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish, poultry, and wild game animals as specified under Subparagraphs 3-201.17(A)(3) and (4).

(64) mg/L means milligrams per liter, which is the metric equivalent of parts per million (ppm).

(65) Molluscan shellfish means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.

(66) Packaged

  (a) Packaged means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant.

 (b) Packaged does not include a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.

(67) Permit means the document issued by the regulatory authority that authorizes a person to operate a food establishment.

(68) Permit holder means the entity that:

(a) Is legally responsible for the operation of the food establishment such as the owner, the owner's agent, or other person; and

(b) Possesses a valid permit to operate a food establishment.

(69) Person means an association, a corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.

(70) Person in charge means the individual present at a food establishment who is responsible for the operation at the time of inspection.

(71) Personal Care Items

(a) Personal care items means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance.

(b) Personal care items include items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash.

(72) pH means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution.

  Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral.

(73) Physical facilities means the structure and interior surfaces of a food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.

(74) Plumbing fixture means a receptacle or device that:

(a) Is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or

(b) Discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.  

(75) Plumbing system means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment.

(76) Poisonous or toxic materials means substances that are not intended for ingestion and are included in 4 categories:

(a) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;  

(b) Pesticides, except sanitizers, which include substances such as insecticides and rodenticides;

(c) Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items that may be deleterious to health; and

(d) Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.

(77) Potentially Hazardous Food (Time/Temperature Control for Safety Food)

(a) Potentially hazardous food (time/temperature control for safety food) means a food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.  

(b) Potentially hazardous food (time/temperature control for safety food) includes:

(i)  An animal food that is raw or heat-treated; a plant food that is heat-treated or consists of raw seed sprouts, cut melons, or garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support pathogenic microorganism growth or toxin formation; and

(ii) Except as specified in Subparagraph (c)(iv.) of this definition, a food that because of the interaction of its aw and pH values is designated as Product Assessment Required (PA) in Table A or B of this definition:

 Table A. Interaction of pH and aw for control of spores in food heat-treated to destroy vegetative cells and subsequently packaged

aw values

pH values

4.6 or less

> 4.6 - 5.6

> 5.6

<0.92

non-PHF*/non-TCS food**

non-PHF/non-TCS food

non-PHF/non-TCS food

> 0.92 - .95

non-PHF/non-TCS food

non-PHF/non-TCS food

PA***

> 0.95

non-PHF/non-TCS food

PA

PA

* PHF means Potentially Hazardous Food

** TCS food means Time/Temperature Control for Safety food

*** PA means Product Assessment required

 

Table B. Interaction of pH and aw for control of vegetative cells and spores in food not heat-treated or heat-treated but not packaged

aw values

pH values

< 4.2

4.2 - 4.6

> 4.6 - 5.0

> 5.0

 

< 0.88

non-PHF*/ non-TCS food**

non-PHF/ non-TCS food

non-PHF/ non-TCS food

non-PHF/ non-TCS food

 

0.88 – 0.90

non-PHF/ non-TCS food

non-PHF/ non-TCS food

non-PHF/ non-TCS food

 

PA***

 

> 0.90 – 0.92

non-PHF/ non-TCS food

non-PHF/ non-TCS food

 

PA

 

PA

 

> 0.92

non-PHF/ non-TCS food

 

PA

 

PA

 

PA

* PHF means Potentially Hazardous Food

** TCS food means Time/Temperature Control for Safety food

*** PA means Product Assessment required

 

(c) Potentially hazardous food (time/temperature control for safety food) does not include:

 

(i) An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable salmonellae;

 

(ii) A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;

 

(iii) A food that because of its pH or aw value, or interaction of aw and pH values, is designated as a non-PHF/non-TCS food in Table A or B of this definition;

 

(iv) A food that is designated as Product Assessment Required (PA) in Table A or B of this definition and has undergone a Product Assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food is precluded due to:

 

(1) Intrinsic factors including added or natural characteristics of the food such as preservatives, antimicrobials, humectants, acidulants, or nutrients,

 

(2) Extrinsic factors including environmental or operational factors that affect the food such as packaging, modified atmosphere such as reduced oxygen packaging, shelf life and use, or temperature range of storage and use, or

 

(3) A combination of intrinsic and extrinsic factors; or

 

(d) A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the Subparagraphs (3)(a) - (3)(d) of this definition even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.

(78) Poultry means:

(a) Any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or squabs), whether live or dead, as defined in 9 CFR 381.1 Poultry Products Inspection Regulations Definitions, Poultry; and

(b) Any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined in 9 CFR 362.1 Voluntary Poultry Inspection Regulations, Definitions.

(79) Premises means:

(a) The physical facility, its contents, and the contiguous land or property under the control of the permit holder; or

(b) The physical facility, its contents, and the land or property not described in Subparagraph (1) of this definition if its facilities and contents are under the control of the permit holder and may impact food establishment personnel, facilities, or operations, and a food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

(80) Primal cut means a basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal breast.

(81) Public water system has the meaning stated in 40 CFR 141 National Primary Drinking Water Regulations.

(82) Ratite means a flightless bird such as an emu, ostrich, or rhea.

(83) Ready-to-Eat Food  

(a) Ready-to-eat food means food that:  

(i) Is in a form that is edible without additional preparation to achieve food safety, as specified under one of the following: ¶ 3-401.11(A) or (B), § 3‑401.12, or § 3-402.11, or as specified in ¶ 3-401.11(C); or

(ii) Is a raw or partially cooked animal food and the consumer is advised as specified in Subparagraphs 3-401.11(D)(1) and (2); or

(iii) Is prepared in accordance with a variance that is granted as specified in Subparagraphs 3-401.11(D) and (3); and

(iv) May receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes.

(b) Ready-to-eat food includes:

(i) Raw animal food that is cooked as specified under § 3-401.11 or 3­401.12, or frozen as specified under § 3-402.11;

(ii) Raw fruits and vegetables that are washed as specified under § 3‑302.15; 

(iii) Fruits and vegetables that are cooked for hot holding, as specified under § 3-401.13;

(iv) All potentially hazardous food (time/temperature control for safety food) that is cooked to the temperature and time required for the specific food under Subpart 3-401 and cooled as specified under § 3‑501.14;

(v) Plant food for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present are removed;

(vi) Substances derived from plants such as spices, seasonings, and sugar;

(vii) A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for food safety;

(viii) The following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and Parma ham; and dried meat and poultry products, such as jerky or beef sticks; and

(ix) Foods manufactured as specified in 21 CFR Part 113, Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.

(84) Reduced Oxygen Packaging

(a) "Reduced oxygen packaging" means:

(i) The reduction of the amount of oxygen in a package by removing oxygen; displacing oxygen and replacing it with another gas or combination of gases; or otherwise controlling the oxygen content to a level below that normally found in the atmosphere (approximately 21% at sea level); and

(ii) A process as specified in Subparagraph (1)(a) of this definition that involves a food for which the hazards Clostridium botulinum or Listeria monocytogenes require control in the final packaged form.

(b)  Reduced oxygen packaging includes:

(i) Vacuum packaging, in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package;

(ii) Modified atmosphere packaging, in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes reduction in the proportion of oxygen, total replacement of oxygen, or an increase in the proportion of other gases such as carbon dioxide or nitrogen;

(iii) Controlled atmosphere packaging, in which the atmosphere of a package of food is modified so that until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers or a combination of total replacement of oxygen, nonrespiring food, and impermeable packaging material;

(iv) Cook chill packaging, in which cooked food is hot filled into impermeable bags which have the air expelled and are then sealed or crimped closed. The bagged food is rapidly chilled and refrigerated at temperatures that inhibit the growth of psychotrophic pathogens; or

(v) Sous vide packaging, in which raw or partially cooked food is placed in a hermetically sealed, impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychotrophic pathogens.

(85) Refuse means solid waste not carried by water through the sewage system.

(86) Regulatory authority means the director of Health or his or her authorized representative having jurisdiction over the food establishment.

(87) Reminder means a written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens.

(88) Re-service means the transfer of food that is unused and returned by a consumer after being served or sold and in the possession of the consumer, to another person.

(89) Restrict means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils, linens, or unwrapped single-service or single-use articles.

(90) Restricted egg means any check, dirty egg, incubator reject, inedible, leaker, or loss as defined in 9 CFR 590.

(91) Restricted use pesticide means a pesticide product that contains the active ingredients specified in 40 CFR 152.175 Pesticides classified for restricted use, and that is limited to use by or under the direct supervision of a certified applicator.

(92) Risk means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.

(93) Safe material means:

(a) An article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food;  

(b) An additive that is used as specified in ' 409 or 706 of the Federal Food, Drug, and Cosmetic Act; or

(c) Other materials that are not additives and that are used in conformity with applicable regulations of the Food and Drug Administration.

(94) Sanitization means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.

(95) Sealed means free of cracks or other openings that allow the entry or passage of moisture.

(96) Service animal means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.

(97) Servicing area means an operating base location to which a mobile food establishment or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.

(98) Sewage means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

(99) Shellfish control authority means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce.

(100) Shellstock means raw, in-shell molluscan shellfish.

(101) Shiga toxin-producing Escherichia coli (STEC) means any E. coli capable of producing Shiga toxins (also called verocytotoxins or "Shiga-like" toxins). Examples of serotypes of STEC include both O157 and non-O157 E. coli. Also see Enterohemorrhagic Escherichia coli.

(102) Shucked shellfish means molluscan shellfish that have one or both shells removed.

(103) Single-service articles means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use after which they are intended for discard.

(104) Single-Use Articles

(a) Single-use articles means utensils and bulk food containers designed and constructed to be used once and discarded.

(b) Single-use articles includes items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet the materials, durability, strength, and cleanability specifications under '' 4‑101.11, 4‑201.11, and 4-202.11 for multiuse utensils.

(105) Slacking means the process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of -23oC (- 10oF) to -4oC (25oF) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as shrimp.

(106) Smooth means:

(a) A food-contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (100 grit) number 3 stainless steel;

(b) A nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and

(c) A floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.

(107) Tableware means eating, drinking, and serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates.

(108) Temperature measuring device means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.

(109) Temporary food establishment means a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.

(110) USDA means the U.S. Department of Agriculture.

(111) Utensil means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; temperature sensing probes of food temperature measuring devices; and probe-type price or identification tags used in contact with food.

(112) Variance means a written document issued by the regulatory authority that authorizes a modification or waiver of one or more requirements of this Code if, in the opinion of the regulatory authority, a health hazard or nuisance will not result from the modification or waiver.

(113) Vending machine means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.

(114) Vending machine location means the room, enclosure, space, or area where one or more vending machines are installed and operated and includes the storage areas and areas on the premises that are used to service and maintain the vending machines.

(115) Warewashing means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.

(116) Whole-muscle, intact beef means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut] 

(2) Section 2-101.11 Assignment. Delete: [The PERMIT HOLDER shall be the PERSON IN CHARGE or shall designate a PERSON IN CHARGE and shall ensure that a PERSON IN CHARGE is present at the FOOD ESTABLISHMENT during all hours of operation.] and Substitute: [The PERMIT HOLDER shall be the PERSON IN CHARGE or shall designate a PERSON IN CHARGE and shall ensure that a PERSON IN CHARGE is present at the FOOD ESTABLISHMENT during all hours of operation The PERSON IN CHARGE must be a person knowledgeable in the processes of the food service operation or PERSON IN CHARGE must be certified by either a nationally recognized food safety manager training or manager training from the KCMO Health Department. Certification of PERSON IN CHARGE will be authorized for five (5) years. In each food preparation area within a permitted facility, a PERSON IN CHARGE must be actively engaged in the supervision and monitoring of food preparation and serving by the employees in that area.];

(3) Delete Section 3-501.16(A)(2)(b)(ii) in its entirety;

(4) Delete Section 3-501.17(A)(2)(b) in its entirety ;

(5) Delete Section 4-301.12(C)(5) in its entirety;

(6) Delete Section 4-301.12(C)(6) in its entirety;

(7) Delete Section 4-301.12(D) and (E) in their entirety;

(8) Delete Section 4-603.16(C) in its entirety;

(9) Section 4-603.16(D)(2) Delete: [Wasted] and Substitute:[ Drained ];

(10) Section 5-103.12 Delete: [Water under pressure shall be provided to all fixtures, equipment, and non-food equipment that are required to use water except that water supplied as specified under 5-104.12(A) and (B) to a temporary food establishment or in response to a temporary interruption of a water supply need not be under pressure.] and Substitute:[ Water under pressure shall be provided to all fixtures, equipment, and non-food equipment that are required to use water except that water supplied as specified under 5-104.12(A) and (B) to a temporary food establishment or in response to a temporary interruption of a water supply need not be under pressure if approved. ];

(11) Section 5-203.11(C) Delete: [If approved, when food exposure is limited and handwashing lavatories are not conveniently available, such as in some mobile or temporary food establishments or at some vending machine locations, employees may use chemically treated towelettes for handwashing.] and Substitute: [If approved, when food exposure is limited to packaged food and handwashing lavatories are not conveniently available, such as in some mobile or temporary food establishments or at some vending machine locations, employees may use chemically treated towelettes and/or approved hand sanitizers for handwashing];

(12) Section 6-202.13(B) Delete: [Insect control devices shall be installed so that] and Substitute: [All other insect control devices shall be installed so that:];

(13) Section 6-202.17 Delete: [If located outside, a machine used to vend food shall be provided with overhead protection except that machines vending canned beverages need not meet this requirement.] and Substitute: [If located outside, a machine used to vend food shall be provided with overhead protection except that machines designed for outdoor use need not meet this requirement.];

(14) Section 6-301.14 Delete: [used by FOOD EMPLOYEES and shall be clearly visible to FOOD EMPLOYEES.] and Substitute: [and in all restrooms including public restrooms and shall be clearly visible to all FOOD EMPLOYEES and other users.];

(15) Delete Section 8-202.10 in its entirety;

(16) Delete Section 8-304.10 in its entirety;

(17) Section 8-304.11 (H) Delete: [Upgrade or replace refrigeration EQUIPMENT as specified under 3-501.15(C)] and Substitute: [Inform the REGULATORY AUTHORITY when changing, upgrading, modifying and updating existing menu and/or type of cuisine.]

(18) Section 8.304.11(I) Responsibilities of the Permit Holder: Delete: [Comply with directives of the REGULATORY AUTHORITY including timeframes for corrective actions specified in inspection reports, notices, orders, warnings, and obtain FOOD HANDLER CARDS for each EMPLOYEE who prepares, handles, or dispenses FOOD for human consumption, or who comes into contact with FOOD or FOOD preparation utensils as specified under 2-103.11(L), and other directives issued by the REGULATORY AUTHORITY in regard to the PERMIT HOLDERS FOOD ESTABLISHMENT, or in response to community emergencies.] and Substitute: [Comply with directives of the REGULATORY AUTHORITY including timeframes for corrective actions specified in inspection reports, notices, orders, warnings issued by the REGULATORY AUTHORITY in regard to the PERMIT HOLDER’S FOOD ESTABLISHMENT, or in response to community emergencies. Five (5) year FOOD MANAGER CARD shall be obtained from the City of Kansas City, Missouri Health Department either upon completion of a FOOD MANAGER’S Course through the Health Department or upon the Health Department’s approval of a comparable FOOD MANAGER PERMIT or card from another provider. At the time of inspection by authorized REGULATORY AUTHORITY inspectors:

(a) A certified food service operations manager must be present in the food service area and on duty at all times of business operation, and must present a FOOD MANAGER PERMIT or card to the authorized REGULATORY AUTHORITY inspector at the time of inspection, or;

(b) For food service operations where no manager is certified, eighty per cent (80%) of required food handler staff shall obtain a (3) three year FOOD HANDLER CARD from the City of Kansas City, Missouri Health Department either upon completion of a FOOD HANDLER’S Course through the Health Department or upon the Health Department’s approval f a comparable FOOD HANDLER PERMIT or card from another provider.

The following persons shall have a food handler card: cooks, including chef and sous chefs and all staff involved in the preparation of food. This provision does not apply to dishwashers, bus staff, cashiers, maitres’d, servers, hostesses, “front of house” staff that do not come into direct contact with food, either through serving or the preparation thereof, or to bartenders and other staff persons who only mix and prepare drinks or dispense ice and who have a valid liquor permit, as these individuals will be required to obtain education from Regulated Industries as part of the application or renewal process for liquor permits. FOOD EMPLOYEES whose only preparation duties include dispensing ice, water, or drinks through automatic dispensers are likewise not required to meet this provision.];

(19) Section 8-401.10(A) Delete: [Except as specified in (B) and (C) of this section, the REGULATORY AUTHORITY shall inspect a FOOD ESTABLISHMENT at least once every 6 months] and Substitute: [The REGULATORY AUTHORITY shall inspect a Food Establishment at intervals averaging six months.];

(20) Section 8-401.10(B)(2) Delete: [The FOOD ESTABLISHMENT is assigned a less frequent inspection frequency based on a written RISK-based inspection schedule that is being uniformly applied throughout the jurisdiction and at least once every six months the establishment is contacted by telephone or other means by the REGULATORY AUTHORITY to ensure that the establishment manager and the nature of the FOOD operation are not changed; or] and Substitute: [The REGULATORY AUTHORITY may inspect less frequently than six month average intervals if:

A. The FOOD ESTABLISHMENT is fully operating under an APPROVED and validated HACCP plan as specified under 8-103.12(A) and (B) and 8-201.14;

 B. The FOOD ESTABLISHMENT is assigned a less frequent inspection frequency based on written RISK-based inspection schedule that is being uniformly applied throughout the jurisdiction; and

 C. The establishments operation involves only coffee service and other unpackaged or prepackaged food that is not potentially hazardous such as carbonated beverages and snack food such as chips, nuts, popcorn, and pretzels.];

(21) Section 8-401.20 Delete: [Within the parameters specified in 8-401.10, the REGULATORY AUTHORITY shall prioritize, and conduct more frequent inspections based upon its assessment of a FOOD ESTABLISHMENTS history of compliance with this Code and the establishments potential as a vector of foodborne illness by evaluation:] and Substitute: [The REGULATORY AUTHORITY shall prioritize, and may conduct more frequent inspections based upon its assessment of a FOOD ESTABLISHMENTS history of compliance with this Code and the establishments potential as a vector of foodborne illness by evaluation.];

(22) Sections 8-402.40 Delete: [If denied access to a FOOD ESTABLISHMENT for an authorized purpose and after complying with 8-402.20, the REGULATORY AUTHORITY may issue, or apply for the issuance of, an inspection order to gain access as provided in LAW.] and Substitute :[ If denied access to a FOOD ESTABLISHMENT for an authorized purpose and after complying with 8-402.20, the REGULATORY AUTHORITY may;

(A) Issue, or apply for the issuance of, an inspection order to gain access as provided in LAW; or

(B) Issue Permit summary suspension order.];

(23) Section 8-403.10(B)(7) Insert: [Failure to provide proper documentation for FOOD HANDLER and/or MANAGER cards or training approved by the City of Kansas City, Missouri Health Department will be considered a CRITICAL VIOLATION.];

(24) Section 8-403.50 Delete: [Except as specified in 8-202.10] and Substitute: [The REGULATORY AUTHORITY may also publish information from the inspection report on the internet.];

(25) Section 8-701.20 (C) Insert: [A notice posted by the REGULATORY AUTHORITY at the public entrance to the FOOD ESTABLISHMENT shall be removed ONLY by the REGULATORY AUTHORITY];

(26) Section 8-804.10 Delete :[The REGULATORY AUTHORITY may summarily suspend a PERMIT to operate a FOOD ESTABLISHMENT if it determines through inspection, or examination of EMPLOYEES, FOOD, records, or other means as specified in this Code, that an IMMINENT HEALTH HAZARD exists.] and Substitute :[ (A)The REGULATORY AUTHORITY may summarily suspend a PERMIT to operate a FOOD ESTABLISHMENT if:

(1) The REGULATORY AUTHORITY determines through inspection, or examination of EMPLOYEES, FOOD, records, or other means as specified in this Code, that an Actual or IMMINENT HEALTH HAZARD exists;

(2) Operations, facilities, or equipment in the FOOD ESTABLISHMENT fail to comply with conditions specified in this Code;

(3) The PERMIT HOLDER does not comply with regulations specified in this Code; or

(4) Interference with the REGULATORY AUTHORITY in the performance of its duties has occurred.

(B) The REGULATORY AUTHORITY may revoke a FOOD ESTABLISHMENT permit after providing the PERMIT HOLDER an opportunity for a hearing if:

(1) Serious and repeated violation(s) of any requirements of these regulations according to the Code have occurred; or

(2) Repeated interference with, or assault upon a representative of the REGULATORY AUTHORITY in the performance of his/her duty, has occurred.

(3) PERMIT HOLDER fails to comply with a permit suspension order.

(C) The REGULATORY AUTHORITY may adopt and use a permit suspension process different than specified under the provisions of this Code.];

(27) Section 8-804.50 (B) Delete: [The suspended PERMIT shall be reinstated immediately if the REGULATORY AUTHORITY determines that the public health HAZARD or nuisance no longer exists. A notice of reinstatement shall be provided to the PERMIT HOLDER or PERSON IN CHARGE.] and Substitute:[(B) The REGULATORY AUTHORITY may initiate any one, or a combination of, compliance methods that include, but are not limited to:

(1) Holding an administrative conference with the food establishment PERMIT HOLDER or person in charge;

(2) Placing the FOOD ESTABLISHMENT on probation;

(3) Setting conditions for continued operation of the FOOD ESTABLISHMENT, by the PERMIT HOLDER, during the probation period;

(4) Requiring additional education and/or training of FOOD EMPLOYEES OR CONDITIONAL EMPLOYEES, management, and owners of the FOOD ESTABLISHMENT; and

(5) Completing a hazard analysis critical control point (HACCP) evaluation and requiring monitoring procedures be implemented for critical control points identified.

(C) The suspended PERMIT may be reinstated if the REGULATORY AUTHORITY determines that the public health HAZARD or nuisance no longer exists. A notice of reinstatement shall be provided to the PERMIT HOLDER or PERSON IN CHARGE.];

(28) Section 8-804-60 Insert: [8-804-60 Term of Revocation, Reinstatement of Permit 

(A) Before revocation, the REGULATORY AUTHORITY shall notify, in writing, the PERMIT HOLDER of the specific reason(s) why the permit is to be revoked. The notice will state:  

(1) The permit will be revoked at the end of the ten calendar days following the notice unless a written request for a hearing is filed with the REGULATORY AUTHORITY by the PERMIT HOLDER within such ten-day period; and

(2) If a request for a hearing is not filed by the PERMIT HOLDER within the ten-day period, the revocation of the permit becomes final.

(B) Any person whose food establishment permit has been revoked by the REGULATORY AUTHORITY, after a period of six months, may:

(1) Make written application for a new permit; and

 (2) Request a hearing with the REGULATORY AUTHORITY to determine whether a new permit will be issued.

(C) The REGULATORY AUTHORITY may use a permit revocation process different than specified under the provisions of this Code];

(29) Section 8-805.30 (B)(1) Delete :[Requested as specified in 8-805.10, and] and Substitute :[ Requested as specified in 8-805.10 and 8-804.60, and ];

(30) Delete Section 8-805.10 (A) in its entirety;

(31) Section 8-805.10 Delete: [Response to Notice of Hearing or Request for Hearing, Administration Basis and Time Frame. (A) A PERSON who receives a notice of hearing for an administrative remedy as specified in Part 8-7, 8-801.10, or 8-805.30(A) and elects to respond to the notice shall file a response to notice as specified in 8-805.20 within 7 calendar days after service. (B) A PERMIT applicant may request a hearing regarding the disposition of an application for a new or revised PERMIT if the REGULATORY AUTHORITY does not issue or deny the PERMIT within the time frame specified in LAW. (C) A PERMIT HOLDER may request a hearing to address concerns about the REGULATORY AUTHORITY'S denial of application for a PERMIT or request for a VARIANCE, or compliance actions, except that a hearing request does not stay the REGULATORY AUTHORITY'S RESTRICTION or EXCLUSION of EMPLOYEES specified in 8-501.10 - 8-501.40, a hold order specified in 8-803.10, or the imposition of a summary suspension specified in 8-804.10. (D) A PERSON desiring a hearing in response to a denial of an application for PERMIT or an adverse administrative determination shall submit a hearing request to the REGULATORY AUTHORITY within 10 calendar days of the date of the denial, inspection, or compliance action, unless the REGULATORY AUTHORITY specifies in certain situations that the request shall be submitted within a shorter period of time.] and Substitute :[Request for Hearing, Administration Basis and Time Frame. (A) A PERMIT applicant may request a hearing regarding the disposition of an application for a new or revised PERMIT if the REGULATORY AUTHORITY does not issue or deny the PERMIT within the time frame specified in LAW. (B) A PERMIT HOLDER may request a hearing to address concerns about the REGULATORY AUTHORITY'S denial of application for a PERMIT or request for a VARIANCE, or compliance actions, except that a hearing request does not stay the REGULATORY AUTHORITY'S RESTRICTION or EXCLUSION of EMPLOYEES specified in 8-501.10- 8-501.40, a hold order specified in 8-803.10, or the imposition of a summary suspension specified in 8-804.10. (C) A PERSON desiring a hearing in response to a denial of an application for PERMIT or an adverse administrative determination shall submit a hearing request to the REGULATORY AUTHORITY within 10 calendar days of the date of the denial, inspection, or compliance action, unless the REGULATORY AUTHORITY specifies in certain situations that the request shall be submitted within a shorter period of time.];

(32) Section 8-805.20 Delete: [Response to a Notice of Hearing or Request for Hearing, Required Form and Contents. A response to a hearing notice or a request for hearing as specified in 8-805.10 shall be in written form and contain the following:

(A) If a response to notice of hearing,

(1) An admission or denial of each allegation of fact;

(2) A statement as to whether the respondent waives the right to a hearing; and may also contain

(3) A statement of defense, mitigation, or explanation concerning any allegation of fact; and

(4) A request to the REGULATORY AUTHORITY for a settlement of the proceeding by consent agreement, if the REGULATORY AUTHORITY will provide this opportunity.

(B) If a request for hearing,

(1) A statement of the issue of fact specified in 8-805.30(B) for which the hearing is requested; an

(2) A statement of defense, mitigation, denial, or explanation concerning each allegation of fact

(C) If either a response to notice of hearing or a request for a hearing,

(1) A statement indicating whether the presence of witnesses for the REGULATORY AUTHORITY is required; and

(2) The name and address of the respondent's or requester's legal counsel, if any.] and Substitute :[Request for Hearing, Required Form and Contents. A request for hearing as specified in 8-805.10 shall be in written form and contain the following:  

(A) A statement of the issue of fact specified in 8-805.30(B) for which the hearing is requested; an

(B) A statement of defense, mitigation, denial, or explanation concerning each allegation of fact

(C) A statement indicating whether the presence of witnesses for the REGULATORY AUTHORITY is required; and

(D) The name and address of the respondent's or requester's legal counsel, if any.];

(33) Section 8-805.50 Delete: [Timeliness, Appeal Proceeding Within 5 Business Days, Other Proceeding Within 30 Calendar Days.

(A) The REGULATORY AUTHORITY shall afford a hearing:
(1) Except as provided in (B) of this section, within 5 business days after receiving a written request for an appeal hearing from:
(a) A PERSON who is EXCLUDED by the REGULATORY AUTHORITY from working in a FOOD ESTABLISHMENT as specified in 8-501.10 - 8-501.40, (b) A PERMIT HOLDER or PERSON whose FOOD is subject to a hold order as specified in Subpart 8-803, or (c) A PERMIT HOLDER whose PERMIT is summarily suspended as specified in Subpart 8-804; and (2) Within 30 calendar days but no earlier than 7 calendar days after the service of a hearing notice to consider administrative remedies for other matters as specified in 8-805.10(C) or for matters as determined necessary by the REGULATORY AUTHORITY. (B) A PERMIT HOLDER or PERSON who submits a request for a hearing as specified in Subparagraphs (A)(1)(a)-(c) of this section may waive the prompt hearing in the written request to the REGULATORY AUTHORITY.] and Substitute :[ Timeliness, Appeal Proceeding Within 10 Business Days, Other Proceeding Within 30 Calendar Days. (A) The REGULATORY AUTHORITY shall afford a hearing: (1) Except as provided elsewhere in this section, within 10 business days after receiving a written request for an appeal hearing from:
(a) A PERSON who is EXCLUDED by the REGULATORY AUTHORITY from working in a FOOD ESTABLISHMENT as specified in 8-501.10 - 8-501.40, (b) A PERMIT HOLDER or PERSON whose FOOD is subject to a hold order as specified in Subpart 8-803, or
(c) A PERMIT HOLDER whose PERMIT is summarily suspended as specified in Subpart 8-804, or (d) A PERMIT HOLDER whose PERMIT is subject to Revocation as specified in Subpart 8-804.60;
(2) Within 30 calendar days but no earlier than 7 calendar days after the service of a hearing notice to consider administrative remedies for other matters as specified in 8-805.10(C) or for matters as determined necessary by the REGULATORY AUTHORITY. (B) A PERMIT HOLDER or PERSON who submits a request for a hearing as specified in Subparagraphs (A)(1)(a)-(c) of this section may waive the prompt hearing in the written request to the REGULATORY AUTHORITY];

(34) Delete Section 8-805.60 in its entirety;

(35) Delete Section 8-805.70 in its entirety;

(36) Delete Section 8-805.80 in its entirety;

(37) Delete Section 8-805.90 in its entirety;

(38) Section 8-806.10 Delete:[The REGULATORY AUTHORITY may appoint a PERSON such as an adjudicator, administrative LAW judge, or examiner, hereinafter referred to as a hearing officer, who presides over a proceeding initiated by the REGULATORY AUTHORITY or by a PERSON contesting an action of the REGULATORY AUTHORITY, to perform one or more of the following:] and Substitute:[The REGULATORY AUTHORITY may appoint a PERSON such as the Director of Health, an adjudicator, administrative LAW judge, or examiner, hereinafter referred to as a hearing officer, who presides over a proceeding initiated by the REGULATORY AUTHORITY or by a PERSON contesting an action of the REGULATORY AUTHORITY, to perform one or more of the following:];

(39) Delete Section 8-806.20 in its entirety;

(40) Section 8-806.30 Delete: [8-806.30 Powers, Administration of Hearings.

(A) A hearing officer shall have the following powers in a hearing in which the hearing officer presides:

(1) Setting and conducting the course of a hearing requested in accordance with or authorized by this Code,

(2) Issuing subpoenas in the name of the REGULATORY AUTHORITY at the request of a party to a hearing, administering oaths and affirmations, examining witnesses, receiving evidence,

(3) Approving a consent agreement on the issues involved in the hearing entered into by the REGULATORY AUTHORITY and the respondent after the respondent receives a hearing notice,

(4) Sustaining, modifying, rescinding, or vacating an order or directive of the REGULATORY AUTHORITY in an appeal hearing proceeding, and if the order or directive is sustained, ordering appropriate measures to execute the REGULATORY AUTHORITY'S order or directive; and

(B) Unless a party appeals to the head of the REGULATORY AUTHORITY within 15 days of the hearing or a lesser number of days specified by the hearing officer:

(1) Rendering a binding decision and final order in a proceeding after conducting a hearing, if the respondent has not waived the right to a hearing, and

(2) Then notifying the respondent of the decision and the order which contains the findings and conclusions of LAW. ]. and Substitute:[8-806.20 Powers, Administration of Hearings.

(A) A hearing officer shall have the following powers in a hearing in which the hearing officer presides:

(1) Setting and conducting the course of a hearing requested in accordance with or authorized by this Code,

(2) Issuing subpoenas in the name of the REGULATORY AUTHORITY at the request of a party to a hearing, administering oaths and affirmations, examining witnesses, receiving evidence,

(3) Approving a consent agreement on the issues involved in the hearing entered into by the REGULATORY AUTHORITY and the respondent after the respondent receives a hearing notice,

 (4) Sustaining, modifying, rescinding, or vacating an order or directive of the REGULATORY AUTHORITY in an appeal hearing proceeding, and if the order or directive is sustained, ordering appropriate measures to execute the REGULATORY AUTHORITY'S order or directive; and

(5) Rendering a binding decision and final order in a proceeding after conducting a hearing, if the respondent has not waived the right to a hearing, and

(6) Then notifying the respondent of the decision and the order which contains the findings and conclusions of LAW. ];

(41) Section 8-806.40 Delete: [8-806.40 Powers, Administrative Remedies.] and Substitute: [8-806.30 Powers, Administrative Remedies.]; 

(42) Section 8-806.40(B) Delete: [and assessing, levying, and ordering a reasonable civil penalty, according to LAW and not to exceed the amount specified in section 8-813.10(B) for each violation of this Code that is alleged and found to be committed, and calculated based on each day a violation occurs as specified in section 8-813.10(C)];

(43) Section 8-806.40(D) Delete: [and assessing, levying, and ordering a reasonable civil penalty, in accordance with LAW and not to exceed the amount specified in section 8-813.10(B) for each violation of this Code that is alleged and found to be committed, and calculated based on each day a violation occurs as specified in section 8-813.10(C)]; and

(44) Delete Section 8-813.10 (B) and (C) in its entirety.

 Sec. 30-72. Definitions.

Terms used shall have the meanings as defined in Section 1-201.10(B) of the Kansas City, Missouri Food Code.

Sec. 30-73. Permits.

Section 8-301.11 of the 2005 Food Code is amended to read as follows: A PERSON may not operate a FOOD ESTABLISHMENT without a valid PERMIT to operate issued by the REGULATORY AUTHORITY. A PERMIT is required to apply for and obtain and pay for a separate FOOD ESTABLISHMENT PERMIT for each of the types of FOOD ESTABLISHMENT operations listed in subsections (1) through (12):

(1) Ice Cream Vendor Permit: issued to a PERSON who sells prePACKAGED frozen ice cream products or novelties from a motor vehicle designed for that purpose. 

(2) Market Type Establishment Permit: issued to an establishment wherein any place or section of a place where FOOD and FOOD products are offered to the CONSUMER and intended for off-PREMISE consumption. The term includes delicatessens that offer prepared FOOD in bulk quantities only. The term does not include establishments, which handle only prePACKAGED, non-POTENTIALLY HAZARDOUS FOODS; roadside markets that offer only fresh fruits and fresh vegetables for sale; restaurant type establishments; or FOOD and BEVERAGE VENDING MACHINES. 

(3) Mobile Food Service Permit: issued to a vehicle-mounted restaurant type establishment designed to be readily movable. 

(4) Pushcart Permit: issued to a PERSON using a non-self-propelled vehicle limited to serving non-POTENTIALLY HAZARDOUS FOODS or commissary-wrapped FOOD maintained at proper temperatures, or limited to the preparation and serving of frankfurters. 

(5) Restaurant Type Establishment permit: issued to a place or section of a place where FOOD is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the PREMISES and regardless of whether there is a charge for the FOOD. The term includes delicatessens that offer prepared FOOD in individual service portions. The term does not include private homes where FOOD is prepared or served for individual family consumption, market type establishments, the location of FOOD VENDING MACHINES, and supply vehicles. 

(6) Temporary Food Service Establishment Permit: issued to a restaurant type establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration. Those establishments whose principle mode of business is not the sale of FOOD or BEVERAGES who in conjunction with their special event occasionally offer non-POTENTIALLY HAZARDOUS FOODS such as pretzels and peanuts free of charge to their clientele no more frequently than once per month are exempt from obtaining a temporary PERMIT. All FOOD served shall be obtained from sources that comply with all laws that relating to FOOD and FOOD labeling. 

(7) Truck Sales Vendor Permit: issued to a PERSON who sells prePACKAGED frozen FOODS at retail from a motor vehicle that is equipped with a refrigeration unit capable of maintaining a temperature of 0 degrees Fahrenheit. 

(8) Catering Permit: issued to a permitted RESTAURANT TYPE ESTABLISHMENT who can apply for a catering license issued by the REGULATORY AUTHORITY to conduct FOOD service activities outside of their PERMITTED establishments. CATERING PERMITS will be issued to those establishments who have demonstrated proper FOOD safety knowledge relating to the FOOD preparation and transportation techniques. The REGULATORY AUTHORITY reserves the right to deny or revoke CATERING PERMITS to those establishments that have not demonstrated the ability to safety operate FOOD operations off-site. 

(9) Seasonal Vendor Permit: issued to an operation that serves only non-POTENTIALLY HAZARDOUS FOODS or prePACKAGED POTENTIALLY HAZARDOUS FOOD offered for retail sale that is properly LABELED and kept in mechanical refrigeration EQUIPMENT capable of maintaining the product at 41 degrees (F) or below. This PERMIT is valid for a period not to exceed 6 months from date of issuance. SEASONAL PERMITS will not be renewed on a consecutive basis. 

(10) Concession Stand/Kiosk Permit: issued to an operation that prepares and serves food and beverages with a limited menu approved by the REGULATORY AUTHORITY and with a permanent setup including power and water. 

(11) Farmers Market Vendor Permit: issued to an organized, reoccurring operation at a designated location used by local farmers and producers primarily for distribution and sale of locally produced agricultural products, or a limited amount of non-agricultural, locally produced products. This permit authorizes a Farmers Market Vendor to operate no more than twenty four (24) hours per week, and no more than twelve (12) hours in any twenty four (24) hour period. Farmers Market Vendor Permit is an annual permit that expires at the end of every calendar year. Farmer’s Market Vendors Permit allows holder to sell prepackaged Potentially Hazardous Food and Potentially Hazardous Food items for sampling purposes only. No cooking (including BBQ) or food preparation (except for sampling) may be done with this permit. A Farmers Market is not an event.

(12) Food Sampling Permit: issued to a person who is distributing food for the sole purpose of introducing the consumer to either a food product or drink, or method of cooking, or piece of equipment. Food sampling shall be limited to bite sized portions not to exceed 2 oz per sample. All potentially hazardous food samples shall be disposed within four hours after being removed from active temperature control. Sampling Permit allows only vendors with State Food Distribution Permit or Food Manufacturing License to sell processed foods, unless license exemption is provided. On site food preparation is prohibited with a Sampling Permit. Any processed foods must be pre-packaged and properly labeled.

Sec. 30-74. Penalties.

Section 8-811.10 of the 2005 Food Code is amended to read as follows:

(a) The REGULATORY AUTHORITY may seek to enforce the provisions of this Code and its orders by instituting proceedings as provided in LAW against the PERMIT HOLDER or other PERSONS who violate its provisions.

(b) Any PERSON who violates a provision of this Code may be punished by a fine of not more than $500.00, or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day on which a violation occurs is a separate violation under this section.

Sec. 30-75. Fees.

(a) Director’s authority. The director is authorized to charge for the actual cost of providing the Food Code Book to any user and the actual cost of providing any FOOD protection education classes and FOOD HANDLER and/or MANAGER cards.

(b) Fee schedule. All fees shall be paid in accordance with the fee schedule contained in this subsection (b). Restaurant type establishments shall pay fees based on the number of its EMPLOYEES and market type establishments shall pay fees based on the total square footage of the market type operation within the building. The appropriate fee shall be determined on the date of the application. TEMPORARY FOOD SERVICE ESTABLISHMENTS shall pay fees based on the number of days of operation and each TEMPORARY FOOD SERVICE ESTABLISHMENT at any given event or location is required to obtain and pay for a permit in the amount required by the fee schedule of this subsection (b) prior to beginning operation. Truck sales vendor, mobile FOOD service/pushcart and ice cream vendor shall pay the fees in the fee schedule that correspond to truck sales vendor, mobile FOOD service/pushcart and ice cream vendor for each vehicle operated. Catering and Seasonal vendor permit holders shall pay the fees in the fee schedule that correspond to catering and seasonal vendor permits.

FEE SCHEDULE

 2012 FEE SCHEDULE

 

Restaurant type

Permit Fee

Plan Review Fee

Each Reinspection Fee

establishments

0--5 employees

$318

$148

$116

6--9 employees

$399

$180

$143

10--20 employees

$475

$223

$170

21--40 employees

$521

$239

$196

41--60 employees

$555

$255

$223

Each Additional 10 employees

$106

$42

$31

Market Type Establishments

 

Under 3,000 sq. ft.

$237

$106

$159

3,001--30,000 sq. ft.

$475

$223

$186

30,001--40,000 sq. ft.

$637

$297

$212

40,001--60,000 sq. ft.

$955

$435

$239

60,001--80,000 sq. ft.

$1,193

$552

$265

Each Additional 10,000 sq. ft.

$159

$69

$53

Truck sales vendor

$292

N/A

$116

Mobile food service/pushcart

$207

N/A

$116

Ice cream vendor

$53

N/A

$116

6 months Seasonal vendor

$207

N/A

$116

Catering Permit

$398

N/A

$116

Concession Stand/Kiosk Permit

$318

$148

$116

Farmers Market Permit

$106

N/A

$116

Sampling Permit

$132

N/A

$116


 

 

Temporary food service Reinspection Fee

 

 1 day operation

 

$132

 2 days operation

 

$132

 3--14 days operation

 

$132

 Not for profit-temp food service

 

$132

 

 

 

 

 

Temporary food service

14 Days Prior to Event Day

13-7 Days Prior to Event Day

6-3 Days Prior to Event Day

Less than 3 Days Prior to Event Day

Permit Fee

 1 day operation

$53

$63

$76

$91

 2 days operation

$79

$95

$114

$138

 3--14 days operation

$159

$191

$229

$275

 Not for profit-temp food service

$26

$31

$38

$45

(1) Annual permits. All permits are annual permits and shall be valid from January 1 through December 31, except for TEMPORARY FOOD SERVICE ESTABLISHMENT PERMITS and seasonal vendor permits. All PERSONS who operate a restaurant type establishment, market type establishment, mobile FOOD service or pushcart or as a truck sales vendor or ice cream vendor shall obtain and pay for an annual PERMIT in the amount required by the fee schedule of this subsection (B) prior to beginning operation. All PERSONS are required to obtain an annual PERMIT for each type of operation as defined in subsection (A) of this section and if a location has multiple operations or more than one type of operation, a PERMIT must be obtained and paid for each operation in the amount required by the fee schedule of this subsection (B) prior to beginning operation. Any PERSON who operates as a truck sales vendor, catering, ice cream vendor, mobile FOOD service or pushcart vendor shall obtain and pay for an annual PERMIT for each vehicle in the amount required by the fee schedule of this subsection (B) prior to beginning operation. If a location has multiple FOOD ESTABLISHMENTS or types of FOOD ESTABLISHMENTS as specified in subsections (1) through (12), the PERSON must apply, obtain and pay for a separate permit for each operation.

(2) Plan review fees. When a PERSON is required to submit plans for the construction, conversion or remodeling of any FOOD establishment as defined by the Kansas City Missouri Food Code to the health department for review as specified under section 8-201.11 of the Kansas City Missouri Food Code, the PERSON shall pay a plan review fee in the amount set forth in the fee schedule of this subsection (B).

(3) Lost permit fee. There shall be a $15.00 charge to replace a lost PERMIT.

(4) Processing fee for initial permit and change in ownership. If a PERSON is applying for an initial PERMIT or new PERMIT due to a change in ownership for a restaurant type establishment, market type establishment or truck sales vendor, the PERSON shall pay a processing fee of $100.00 per PERMIT. If a PERSON is applying for an initial PERMIT or a new PERMIT due to a change in ownership for a mobile unit or push cart, catering or ice cream vendor establishment, the PERSON shall pay a processing fee of $50.00 per PERMIT. The processing fee is in addition to all other fees.

(5) Initial permit fees. If an application is for an initial PERMIT, the PERSON shall estimate the number of EMPLOYEES who will be working at the FOOD ESTABLISHMENT or the square footage. If the estimate is inaccurate, the PERMIT HOLDER shall amend the application and pay the appropriate fee. In the event an initial PERMIT application is filed to begin operation anytime during the period of October 1 through December 31 for a restaurant type or market type establishment, the PERMIT fee shall be 25 percent of the annual fee.

(6) Reinstatement fees. For food establishments that have had a permit suspended following action taken in accordance with 8-804.10 through 8-804.50 (C), a processing fee in the amount of $100 will be assessed in order to process the reinstatement application and reinstate the permit.

(7) Late Fee. PERMIT renewals not submitted to the Health Department by January 31 will be charged a $50.00 per month late fee. Establishments that have not paid the appropriate fee by February 1 may be subject to a cease operation until all fees have been paid.

(8) Exemption. No charge shall be made for issuance of a PERMIT, license or certificate to a FOOD service establishment operated by a public tax supported entity, such as a public school district.

(c) The Director of Health shall have the authority to annually adjust all fees in subsection (b) to reflect an increase equal to an increase in the consumer price index all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics if the fees imposed in subsection (b) will not cover the cost of the city's FOOD protection program. The authorization for the Director of Health to annually increase fees to cover the costs of the FOOD protection program shall be cumulative and the failure of the City to raise fees in any one year shall not waive the Director of Health’s authority to cumulatively raise fees by the consumer price index for missed years as long as the funds are used to fund the City's cost of the FOOD protection program. The adjustments, if made, shall be made annually by the Director of Health in connection with the adoption of the annual budget of the City by filing a notice with the city clerk.

(d) Refunds. There shall be no refund of any fee paid pursuant to this section];

 Sec. 30-76. Vending Machines.

(a) Definitions. The following definitions apply to this section:

(1) Operator means the PERSON that is legally responsible for the operation of the VENDING MACHINE such as the owner, owners agent or any other PERSON.

(2) Vending Machine means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses unit servings of FOOD in bulk or in PACKAGES without the necessity of replenishing the device between each vending operation.

(b) All operators of VENDING MACHINES are required to operate and maintain VENDING MACHINES in compliance with the 2005 Food Code but are not required to obtain a permit for the VENDING MACHINES. The director is not required to inspect VENDING MACHINES but may inspect a VENDING MACHINE for any reason. The operator shall provide access to the VENDING MACHINE and cooperate with the director.

Sec. 30-77. Recognition for Quality Food Establishments.

The director of Health is hereby authorized to create a non-monetary quality award(s) that will be presented to FOOD ESTABLISHMENTS, as defined by the Kansas City Missouri Food Code Book, that continuously demonstrate excellent compliance with the Kansas City Missouri Food Code Book. The director shall develop criteria for the award(s) utilizing standards set forth in the Kansas City Missouri Food Code Book and may incorporate recommendations from the FOOD Protection Advisory Committee. The award(s) may be in the form of a certificate or other similar format issued by the director, which may be displayed in the FOOD ESTABLISHMENTS PREMISES. The award(s) shall be property of the city and may be reclaimed at any time by the director when the FOOD ESTABLISHMENT fails to meet the standards of excellence established the director.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Joseph Guarino

Assistant City Attorney