[R.O. 1996 § 260.010; CC 1968 § 9-1; Ord. No. 1042 § A, 8-20-1979; Ord. No. 2522 § 1, 11-21-1994]
The following definitions shall apply in the interpretation and the enforcement of this Chapter:
- The condition of a food:
- 1. If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
- 2. If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established, or in excess of such tolerance if one has been established;
- 3. If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption;
- 4. If it has been processed, prepared, packed or held under sanitation conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
- 5. If it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter;
- 6. If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health;
- 7. If any valuable constituent has been in whole or in part omitted or abstracted therefrom;
- 8. If any substance has been substituted wholly or in part therefor;
- 9. If damage or inferiority has been concealed in any manner; or
- 10. If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.
- Acceptable to the health authority based on their determination as to conformance with appropriate standards and good public health practice.
- Fitted together snugly leaving no openings large enough to permit the entrance of vermin.
- CORROSION-RESISTANT MATERIAL
- A material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds and sanitizing solutions which may contact it.
- EASILY CLEANABLE
- Readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.
- Any person working in a food retail establishment who transports food or food containers, who engages in food preparation, or who comes in contact with any food equipment.
- All meat blocks, tables, counters, refrigerators, sinks and similar items used in the operation of a retail food establishment.
- Any raw, cooked, or processed edible substance, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
- FOOD-CONTACT SURFACES
- Those surfaces of equipment with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
- FOOD-PROCESSING ESTABLISHMENT
- A commercial establishment in which food is processed or otherwise prepared and packaged and stored for human consumption.
- HEALTH AUTHORITY
- The Health Authority of the City of Blue Springs who shall be, or which shall be made up of, the Codes Administrator, including those designated thereby, and officers and employees of Jackson County, Missouri, who are in charge of or are responsible for, the inspection of food and food establishments of said County, and who, by agreement, are inspecting food and food establishment within the City of Blue Springs, Missouri.
- The presence of any written, printed or graphic matter, upon or accompanying food or containers of food, which is false or misleading, or which violates any applicable State or local labeling requirements.
- An individual or a firm, partnership, company, corporation, trustee, association or any public or private entity.
- POTENTIALLY HAZARDOUS FOOD
- Any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
- RETAIL FOOD ESTABLISHMENT
- Any food establishment or portion thereof where staple articles of food commonly called groceries are handled at retail.
- SAFE TEMPERATURES, AS APPLIED TO POTENTIALLY HAZARDOUS FOOD
- Temperatures of forty-five degrees Fahrenheit (45° F.)or below, and one hundred forty degrees Fahrenheit (140° F.) or above.
- Effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health authority as being effective in destroying micro-organisms, including pathogens.
- Free of cracks or other openings which permit the entry or passage of moisture.
- SINGLE-SERVICE ARTICLES
- Cups, containers, lids or closures; paddles; wrapping material; and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic, or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then to be discarded.
- In sound condition, clean, free from adulteration and otherwise suitable for use as human food.
[R.O. 1996 § 260.020; CC 1968 § 9-2; Ord. No. 1041 § 1, 8-20-1979; Ord. No. 2522 § 2, 11-21-1994]
This Chapter shall be enforced by the Health Authority in accordance with the Missouri Code of State Regulations, 19 CSR 20-1.025, which is hereby incorporated by reference into the Code of Ordinances of the City of Blue Springs and shall be in full force and in effect within said City as if fully set out in its ordinances.
[R.O. 1996 § 260.030; CC 1968 § 9-3; Ord. No. 1042 § B, 8-20-1979]
All food in retail food establishments shall be from sources considered satisfactory by the Health Authority, and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption.
[R.O. 1996 § 260.040; CC 1968 § 9-4; Ord. No. 1042 § B, 8-20-1979]
All food while being stored, prepared, displayed, or sold at retail food establishments, or during transportation between such establishments, shall be protected from contamination. All perishable food shall be stored at such temperatures as will protect against spoilage. All potentially hazardous food shall be maintained at safe temperatures [forty-five degrees Fahrenheit (45° F.) or below, or one hundred forty degrees Fahrenheit (140° F.) or above]. Shellfish shall be stored at forty degrees Fahrenheit (40° F.) or below. Frozen foods shall be stored at ten degrees Fahrenheit (10° F.) or below. Frozen foods shall not be refrozen after thawing. Frozen food, such as poultry, shall not be thawed for retail sale without being properly identified.
Dairy products, frozen foods and meats shall not be loaded above the danger line, freeze line, glass or mark on display cases or in such a manner as to in any way block the circulation of cold air.
[R.O. 1996 § 260.050; CC 1968 § 9-5; Ord. No. 1042 § B, 8-20-1979]
Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitization purposes may be used. Poisonous and toxic materials shall be identified, and shall be used only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or customers. Such items must be stored and displayed separately from food.
[R.O. 1996 § 260.060; CC 1968 § 9-6; Ord. No. 1042 § C, 8-20-1979; Ord. No. 1305 § 1, 6-4-1984]
No person while affected with any disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores and acute respiratory infection, shall work in any area of a retail food establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms, or transmitting disease to other individuals; no person known or suspected of being affected with any such disease or condition shall be employed in any such area or capacity. The manager or person in charge of the establishment shall take reasonable steps, including visual inspections, to ensure compliance with this Section, and if such manager or person has reason to suspect that any employee has contracted any disease in a communicable form or has become a carrier of such disease, they shall notify the Health Authority immediately.
[R.O. 1996 § 260.070; CC 1968 § 9-7; Ord. No. 1042 § C, 8-20-1979]
All employees shall wear clean outer garments, maintain a high degree of personal cleanliness and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand-washing facility before starting work, and as often as may be necessary to remove soil and contamination. No employee shall resume work after visiting the toilet room without first washing their hands.
[R.O. 1996 § 260.080; CC 1968 § 9-8; Ord. No. 1042 § D, 8-20-1979]
All equipment shall be so designed and of such material and workmanship as to be smooth, easily cleanable and durable, and shall be in good repair; and the food-contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning, nontoxic, corrosion resistant and relatively nonabsorbent; provided, that, when approved by the health authority, exceptions may be made to the above materials requirements for equipment such as cutting boards, blocks and bakers' tables.
All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas.
Single-service articles shall be made from non-toxic materials.
[R.O. 1996 § 260.090; CC 1968 § 9-9; Ord. No. 1042 § D, 8-20-1979]
All food-contact surfaces of equipment shall be thoroughly cleaned after each operation. All food-contact surfaces of equipment used in the preparation, service, display or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to each use. Non-food-contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition.
All food-contact surfaces of equipment shall be so stored and handled as to be protected from contamination.
All single-service articles shall be stored, handled and dispensed in a sanitary manner, and shall be used only once.
[R.O. 1996 § 260.100; CC 1968 § 9-10; Ord. No. 1042 § E, 8-20-1979]
The water supply shall be adequate, of a safe, sanitary quality and from an approved source. Hot and cold running water under pressure shall be provided in all areas where food is prepared, or equipment or containers are washed.
Ice used for any purpose shall be made from water which comes from an approved source, and shall be used only if it has been manufactured, stored, transported, and handled in a sanitary manner.
[R.O. 1996 § 260.110; CC 1968 § 9-11; Ord. No. 1042 § E, 8-20-1979; Ord. No. 4533 § 1, 2-17-2015; Ord. No. 4559 § 1, 8-3-2015]
All sewage shall be disposed of in a public sewerage system or, in the absence thereof, in a manner approved by the Health Authority provided City of Blue Springs requirements are met.
[R.O. 1996 § 260.120; CC 1968 § 9-12; Ord. No. 1042 § E, 8-20-1979]
Plumbing shall be so sized, installed and maintained as to carry adequate quantities of water to required locations throughout the establishment; as to prevent contamination of the water supply; as to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage disposal system; and so that it does not constitute a source of contamination of food or equipment or create an insanitary condition or nuisance.
[R.O. 1996 § 260.130; CC 1968 § 9-13; Ord. No. 1042 § E, 8-20-1979]
Each retail food establishment shall be provided with adequate, conveniently located toilet facilities for its employees. Toilet fixtures shall be of sanitary design and readily cleanable. Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. Where the use of non-water-carried sewage disposal facilities have been approved by the health authority, such facilities shall be separate from the establishment. When toilet facilities are provided for patrons, such facilities shall meet the requirements of this Section.
[R.O. 1996 § 260.140; CC 1968 § 9-14; Ord. No. 1042 § E, 8-20-1979]
Each retail food establishment shall be provided with adequate, conveniently located hand-washing facilities for its employees, including a lavatory or lavatories equipped with hot and cold or tempered running water, hand-cleansing soap or detergent, and approved sanitary towels or other approved hand-drying devices. Such facilities shall be kept clean and in good repair.
[R.O. 1996 § 260.150; CC 1968 § 9-15; Ord. No. 1042 § E, 8-20-1979]
All garbage and rubbish containing food wastes shall, prior to disposal, be kept in leakproof, non-absorbent containers which shall be kept covered with tight fitting lids when filled or stored, or not in continuous use; provided, that such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a food-waste refrigerator. All other rubbish shall be stored in containers, rooms or areas in an approved manner. The rooms, enclosures, areas and containers used shall be adequate for the storage of all food waste and rubbish accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room, or area shall be thoroughly cleaned after the emptying or removal of garbage and rubbish. All garbage and rubbish shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance.
[R.O. 1996 § 260.160; CC 1968 § 9-16; Ord. No. 1042 § E, 8-20-1979]
Effective measures shall be taken to protect against the entrance into the establishment and the breeding or presence on the premises of vermin.
[R.O. 1996 § 260.170; CC 1968 § 9-17; Ord. No. 1042 § E, 8-20-1979]
All food which has been returned, damaged, unsalable or otherwise unfit for human consumption must be isolated or held in a manner to preclude contamination of other food products.
[R.O. 1996 § 260.180; CC 1968 § 9-18; Ord. No. 1042 § F, 8-20-1979]
The floor surfaces in kitchens, in all rooms and areas in which food is stored or prepared and in which equipment is washed, and in walk-in refrigerators, dressing or locker rooms and toilet rooms, shall be of smooth, non-absorbent materials, and so constructed as to be easily cleanable; provided, that the floors of non-refrigerated, dry-food-storage areas need not be nonabsorbent. All floors shall be kept clean and in good repair. Floor drains shall be provided in all rooms where floors are subjected to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor. Use of sawdust on floors is prohibited. Dustless methods of floor cleaning must be used.
The walls and ceilings of all rooms shall be kept clean and in good repair. All walls of rooms or areas in which food is prepared, or equipment or hands are washed, shall be easily cleanable, smooth and light-colored, and shall have washable surfaces up to the highest level reached by splash or spray.
[R.O. 1996 § 260.190; CC 1968 § 9-19; Ord. No. 1042 § F, 8-20-1979]
All areas in which food is prepared or stored or equipment is washed, hand-washing areas, dressing or locker rooms, toilet rooms and garbage and rubbish storage areas shall be well lighted. During all clean-up activities, adequate light shall be provided in the area being cleaned, and upon or around equipment being cleaned.
[R.O. 1996 § 260.200; CC 1968 § 9-20; Ord. No. 1042 § F, 8-20-1979]
All rooms in which food is prepared or stored or equipment is washed, dressing or locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well ventilated. Filters, where used, shall be readily removable for cleaning or replacement.
[R.O. 1996 § 260.210; CC 1968 § 9-21; Ord. No. 1042 § F, 8-20-1979]
Adequate facilities shall be provided for the orderly storage of employees' clothing and personal belongings. Where employees routinely change clothes within the establishment, one (1) or more dressing rooms or designated areas shall be provided for this purpose. Such designated areas shall be located outside of the food preparation, storage, and the equipment washing and storage areas; provided, that when approved by the Health Authority, such an area may be located in a storage room where only completely packaged food is stored. Designated areas shall be equipped with adequate lockers, and lockers or other suitable facilities shall be provided in dressing rooms. Dressing rooms and lockers shall be kept clean.
[R.O. 1996 § 260.220; CC 1968 § 9-22; Ord. No. 1042 § F, 8-20-1979]
Preparation area, storerooms, display shelves, and all other areas shall be kept clean, neat and free of litter and rubbish. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food-contact surfaces. None of the operations connected with retail food establishments shall be conducted in any room used as living or sleeping quarters. Soiled linens, coats and aprons shall be kept in suitable containers until removed for laundering. No live birds or animals shall be allowed in any area used for the conduct of retail food establishment operations; provided, that guide dogs accompanying blind persons may be permitted in sales areas. Outside premises shall be kept clean, neat and free of rubbish and other waste materials.
[R.O. 1996 § 260.230; CC 1968 § 9-23; Ord. No. 2522 § 3, 11-21-1994]
At least once every six (6) months each retail food establishment located in the City of Blue Springs shall be inspected and as many additional inspections and reinspections as are necessary for the enforcement of this Chapter shall be made.
[R.O. 1996 § 260.240; CC 1968 § 9-24; Ord. No. 1042 § G, 8-20-1979]
The Health Authority, after proper identification, shall be permitted to enter, at any reasonable time, any retail food establishment within the City of Blue Springs, for the purpose of making inspections to determine compliance with this Chapter. They shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received or used, and persons employed.
[R.O. 1996 § 260.250; CC 1968 § 9-25; Ord. No. 2522 § 4, 11-21-1994]
Whenever the Health Authority makes an inspection of a food-service establishment and discovers that any of the requirements of this Chapter have been violated, they shall notify the permit holder or operator of such violation by means of an inspection report form or other written notice. In such notification, the Health Authority shall:
Failure to provide the notice or information required by this Section shall not preclude prosecution or conviction for violations of this Chapter.
[R.O. 1996 § 260.260; CC 1968 § 9-26; Ord. No. 1042 § G, 8-20-1979]
Notices provided for under this Chapter shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of such notice shall be filed with the records of the Health Authority.
[R.O. 1996 § 260.270; CC 1968 § 9-27; Ord. No. 1042 § G, 8-20-1979]
Food may be examined or sampled by the Health Authority as often as may be necessary to determine freedom from adulteration or misbranding. The Health Authority may, upon written notice to the owner or person in charge, place a hold order on any food which they determine or have probable cause to believe to be unwholesome or otherwise adulterated, or misbranded. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the Health Authority, and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the Health Authority, except on order by court of competent jurisdiction. The Health Authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such or to bring it into compliance with the provisions of this Chapter; provided, that such order of the Health Authority to denature or destroy such food or bring it into compliance with the provisions of this Chapter shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days.
[R.O. 1996 § 260.280; CC 1968 § 9-28; Ord. No. 1042 § G, 8-20-1979]
When a retail food establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a retail food establishment, properly prepared plans and specifications for such construction, remodeling, or alteration, showing layout, arrangement, and construction materials of work areas, and the location, size, and type of fixed equipment and facilities, shall be submitted to the Health Authority for approval before such work is begun.
[R.O. 1996 § 260.290; CC 1968 § 9-29; Ord. No. 1042 § G, 8-20-1979]
When the Health Authority has reasonable cause to suspect possibility of disease transmission from any retail food establishment employee, the Health Authority shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, and take appropriate action. The Health Authority may require any or all of the following measures:
The immediate exclusion of the employee from all retail food establishments;
The immediate closure of the retail food establishment concerned until, in the opinion of the Health Authority, no further danger of disease outbreak exists;
Restriction of the employee's service to some area of the establishment where there would be no danger of transmitting disease; and
Adequate medical and laboratory examinations of the employee, of other employees, and their body discharges.
[R.O. 1996 § 260.300; CC 1968 § 9-30; Ord. No. 2522 § 5 (9-30), 11-21-1994]
Any person who shall violate any of the provisions of this Chapter, upon conviction thereof, may be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days or any combination thereof. In addition thereto, such person or persons may be enjoined from continuing such violations and/or have their permits to operate suspended or revoked. Each day upon which such a violation occurs shall constitute a separate violation.