[Derived from Art. VI of Ch. XXV of the Charter and Ordinances, 1974]
No meat, vegetables or milk, not being then healthy, fresh, sound, wholesome or safe for human consumption, nor the meat of any animal that dies by disease or accident shall be brought into the City of Buffalo or held, kept, offered for sale or sold as such food or kept or stored anywhere in said City. The term "meat," as herein used, shall include fish, birds, eggs and fowl; the term "vegetables" shall include any product, substance or article used as and for human food other than milk or meat; the term "not sound" shall include any vegetable that is wormy. For the purpose of this section, any meat, vegetables or milk in possession of or held, kept or offered for sale by a dealer in food shall prima facie be deemed to be held, kept and offered for sale as human food.
A. 
No article of food shall be sold which is mixed with any substance which injuriously affects its quality or strength or which is an inferior or cheaper substitute in whole or in part or from which any valuable constituent has been wholly or in part abstracted or which is an imitation of or which is sold under the name of another article or which is colored, polished or powdered by which it shall be made to appear of better quality or of more value than it actually is or which artificially contains any deleterious or poisonous ingredients.
B. 
The provisions of this section shall not apply to mixtures of articles or compounds recognized as ordinary articles of food, provided that they contain no ingredients which are injurious to health.
No calf, nor the meat thereof, shall be bought, held, sold or offered for sale for human food within the limits of the City of Buffalo which, when killed, was less than one month old.
A. 
No food intended for human consumption shall be kept, sold, offered for sale, stored, displayed or transported unless protected from dust, dirt, insects, rats, mice or other contamination; nor shall any food intended for human consumption be deposited or allowed to remain within a distance of two feet above the surface of any sidewalk, street, alley or other public place or the floor of any building where exhibited, unless the same shall be contained in boxes or other receptacles so as to be protected from dogs and other animals and their excretions. Food shall be protected against contamination by rats or mice by means of tightly covered glass or metal containers or screened or metal-lined bins as prescribed by the Commissioner of Health.
B. 
It shall be unlawful for any person, other than the owner or agent, to handle any food product until actually sold to such person.
C. 
The foregoing provisions of this section shall not apply to fruits and vegetables which are ordinarily cooked, peeled or washed before use and which are so wrapped, covered or enclosed as to be reasonably protected from contamination by dust, dirt, insects, rats or mice or otherwise.
D. 
No candy or bread, pastry or other bakery product intended for human consumption shall be kept, sold, offered for sale or displayed in any open window or doorway of a building or upon any stand or pushcart, wagon or other vehicle in any street or other public place unless such candy or bread, pastry or other bakery product is separately wrapped in paper or contained in a cardboard box or other dust- or flyproof wrapper or container.
E. 
All places and vehicles used for storage, handling, distributing or transporting any food intended for human consumption shall be kept in clean and wholesome condition at all times.
A suitable sink with running hot and cold water, to permit proper cleansing of dishes, glasses, knives, forks, spoons and other food utensils, must be provided in every restaurant and ice cream parlor, at soda water fountains and every other place where food or drink is served for human consumption upon the premises; and all dishes, glasses, knives, forks, spoons and other food utensils used in the serving of food or drink for human consumption must be thoroughly cleaned and sterilized before reuse.
Adequate toilet and washing facilities must be provided for the use of employees in accordance with requirements of New York State labor laws pertaining to mercantile establishments.
A. 
No person who is affected with an infectious disease in a communicable form shall be employed in handling food or food utensils in any place where food or drink is prepared, cooked, mixed, baked, exposed, bottled, packed, handled, stored, manufactured, offered for sale or sold; and no food dealer shall employ any person to handle food or food utensils in any food establishment unless such person files with the employer a proper medical certificate issued by the Commissioner of Health to the effect that said applicant or employee is free from infectious disease in a communicable form.
B. 
Such persons, however, may, in their discretion, be examined by their own private physician, provided that such examinations are performed in accordance with regulations of the Department of Health.
C. 
Such certificate shall be operative for one year from the date of issue thereof but may be revoked, for cause, at any time by the Commissioner of Health.
No person dealing in any substance or material used for human food shall refuse to allow any officer of the Health Department to fully inspect any and all of such substances and materials held, offered or intended for sale, and he shall answer all reasonable and proper questions relative to the condition thereof, the place where such substances or material may be and from whom procured.
The Health Commissioner and inspectors of the Department of Health shall have the same power as is conferred upon the police force of this City for the purpose of investigating any suspected violation of any provision of this article, and no person shall molest or resist any officer of the Department of Health or his assistants in the discharge of their duties.
No person shall sell or cause to be sold within the City of Buffalo or expose for sale any wilted, stale, decayed, rotten, fermented or unwholesome vegetables, fruit, garden or farm produce of any kind. No dead poultry shall be sold or offered for sale that has not been drawn.
No person shall knowingly sell, offer for sale or cause to be sold or offered for sale any ice containing any impure or unwholesome matter or substance within the City limits.
A. 
Every person who shall keep fresh meat for sale shall keep the place at which the same shall be exposed for sale in a cleanly and wholesome condition and free from all noxious or offensive odors, and when any such place shall be found on inspection to be in an unsanitary condition, the occupant shall correct the same in accordance with the directions of the Department of Health.
B. 
It shall be unlawful to display for sale as human food any chopped or ground meat unless it is kept protected from contamination and under refrigeration at a temperature not higher than 45°F.