(3) Section
1-201.10(B)(31)(c)(vi) Delete: [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 6, breakfast is the only meal offered,
the number of guests served does not exceed 18, 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] and Substitute:
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;
(4) Section 2-301.14 Add:
(I) Prior to use of gloves.
(5) Section 2-302.11(B) Delete:
[Unless wearing intact gloves in good repair, a food employee may not wear
fingernail polish or artificial fingernails when working with exposed food.]
and Substitute: While preparing food, employees shall not wear
artificial nails or fingernail polish;
(6) Section 3-201.17 Add:
(C) Any political subdivision, elementary or secondary school or any
charitable, religious, fraternal or other not-for-profit organization may
prepare or serve wild game provided there is no charge for the wild game served
as according to RSMo 252.244.;
(7) Section 3-501.16(C)(2)
Delete: [Within 5 years of the regulatory authoritys adoption of this
code, the equipment is upgraded or replaced to maintain food at a temperature
of 5EC (41EF) or less.] and Substitute:
Within 90 days of the adoption of this ordinance, all refrigeration equipment
that is upgraded, replaced, or purchased must be able to maintain food
temperatures of 41EF or below. If a refrigeration unit is found to be
exceeding 45EF for 3 consecutive inspections, it shall be brought
into compliance with 41EF or be replaced with a unit that is capable of
maintaining product temperatures of 41EF or below.;
(8) Section 3-603.11 Delete: [Except
as specified in 3-401.11(C) and Subparagraph 3-401.11(D)(3) and under
3-801.11(D), if animal food such as beef, eggs, fish, lamb, milk, pork,
poultry, or shellfish that is raw, undercooked, or not otherwise processed to
eliminate pathogens is offered in a ready-to-eat form as a deli, menu, vended,
or other item; or as a raw ingredient in another ready-to-eat food, the permit
holder shall inform consumers by brochures, deli case or menu advisories, label
statements, table tents, placards, or other effective written means of the
significantly increased risk associated with certain especially vulnerable
consumers eating such foods in raw or undercooked form.] and Substitute:
If an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or
shellfish that is raw, undercooked or not otherwise processed to eliminate
pathogens is offered in a ready-to-eat form as a deli, menu, vended, or other
item; or as a raw ingredient in another ready-to-eat food, the operator shall
inform or disclose to consumers that the product is raw, undercooked, or not
otherwise processed to eliminate pathogens.;
(9) Delete Section
4-301.12(C)(5) in its entirety;
(10) Delete Section
4-301.12(C)(6) and Substitute: Section 4-301.12(C)(5);
(11) Delete Section 4-301.12(D)
and (E) in their entirety;
(12) Delete Section 4-603.16(C)
in its entirety;
(13) Section 4-603.16(D)(2)
Delete: [Wasted] and Substitute: Drained;
(14) 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.;
(15) 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.;
(16) Delete Section 5-205.13 in
its entirety;
(17) 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:;
(18) 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.
(19) 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.
(20) Delete Section 8-202.10
in its entirety.
(21) Delete Section 8-304.10
in its entirety.
(22) Section 8-304.11 (H) Delete
[Upgrade or replace refrigeration EQUIPMENT as specified under
3-501.16(C), if the circumstances specified under Subparagraphs (G) (1)-(3) of
this section do not occur first, and 5 years pass after the REGULATORY
AUTHORITY adopts this Code; and Substitute: Upgrade or replace
refrigeration EQUIPMENT as specified under 3-501.16(C);
(23)
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: Within the parameters specified in
8-401.10, 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
(24) Section 8-403.50 Delete
[Except as specified in 8-202.10] and Add The REGULATORY AUTHORITY
may also publish information from the inspection report on the internet.
(25) Delete Section 8-805.90
in its entirety.
(26) 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)].
(27) 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)].
(28) Delete Section 8-813.10 (B) and (C).
Sec. 30-72. Definitions.
Where the term
"REGULATORY AUTHORITY" is used in the 1999 Food Code, it shall mean
the director of health or the directors authorized representative.
Sec. 30-73. Permits.
Section 8-301.11 of the 1999
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 PERSON 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 (7).
(1) Ice Cream Vendor means
a person who sells prepackaged frozen ice cream products or novelties from a
motor vehicle designed for that purpose.
(2) Market Type Establishment
means 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
means a vehicle-mounted restaurant type establishment designed to be readily
movable.
(4) Pushcart means 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 means any 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 means 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.
(7) Truck Sales Vendor
means 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.
If a location has multiple
FOOD ESTABLISHMENTS or types of FOOD ESTABLISHMENTS as specified in subsections
(1) through (7), the PERSON must apply, obtain and pay for a separate permit
for each operation. If the FOOD ESTABLISHMENT is a vehicle, the PERSON must
apply, obtain and pay for a separate permit for each vehicle. All permits except
for temporary food service establishment permits are annual permits and shall
be valid from January 1st through December 31st.
Sec. 30-74. Penalties.
Section
8-811.10 of the 1999 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.
Notwithstanding
the new definition of FOOD ESTABLISHMENT contained in section 1-201(10) (B)
(31) of the 1999 Food Code, all annual permit fees, permit fees and other fees
in existence at the time of the passage of the 1999 Food Code shall continue to
be charged in accordance with the definitions and fee schedules in existence
prior to the passage of the 1999 Food Code except the director is authorized to
charge for the actual cost of providing the 1999 Food Code to any user and the
actual cost of providing any food protection education classes. 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.
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 1999 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 is
hereby authorized to create a non-monetary quality award(s) that will be
presented to FOOD ESTABLISHMENTS, as defined by the 1999 Food Code, that
continuously demonstrate excellent compliance with the 1999 Food Code. The
director shall develop criteria for the award(s) utilizing standards set forth
in the 1999 Food Code 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.
Sec. 30-78. Advisory
Committee.
(a) There is
hereby established a Food Protection Advisory Board to advise the director on
the processes undertaken by the Food Protection Program including but not
limited to fee charges and food code revisions. The board shall consist of
seven members including the health departments environmental health services
division manager and a chairperson who shall be the program manager of food
protection. The board members shall be appointed by the mayor and shall
include: a representative of the Greater Kansas City Restaurant Association,
which is a local affiliate of the Missouri Restaurant Association, a member of
academia, a member of the food industry who is not affiliated with the Greater
Kansas City Restaurant Association, a representative of the medical community
and a member at large recommended by the director. The chairperson and the
environmental health services division manager shall not have a vote. The
board is hereby authorized to establish its own rules and regulations to
implement this charge.
(b) All board
appointments shall be for a period of two years except the initial appointments
of three members which shall be one year.
Sec. 30-79. Audit.
The director of
health, or any deputy or agent thereof, shall have the right at all reasonable
times during regular business hours to audit or examine the books and records
of any permit holder for the purpose of determining the truthfulness and
accuracy of any statements made by the permit holder.
________________________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney