[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:
If it bears or contains any poisonous
or deleterious substance in a quantity which may render it injurious
to health;
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;
If it consists in whole or in part
of any filthy, putrid, or decomposed substance, or if it is otherwise
unfit for human consumption;
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;
If it is in whole or in part the
product of a diseased animal, or an animal which has died otherwise
than by slaughter;
If its container is composed in whole
or in part of any poisonous or deleterious substance which may render
the contents injurious to health;
If any valuable constituent has been
in whole or in part omitted or abstracted therefrom;
If any substance has been substituted
wholly or in part therefor;
If damage or inferiority has been
concealed in any manner; or
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.
A material which maintains its original surface characteristics
under prolonged influence of the food, cleaning compounds and sanitizing
solutions which may contact it.
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.
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.
A commercial establishment in which food is processed or
otherwise prepared and packaged and stored for human consumption.
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.
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.
Any food establishment or portion thereof where staple articles
of food commonly called groceries are handled at retail.
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.
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]
A.Â
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.
B.Â
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]
A.Â
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.
B.Â
All equipment shall be so installed and
maintained as to facilitate the cleaning thereof, and of all adjacent
areas.
C.Â
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]
A.Â
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.
B.Â
All food-contact surfaces of equipment
shall be so stored and handled as to be protected from contamination.
C.Â
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]
A.Â
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.
B.Â
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]
A.Â
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.
B.Â
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]
A.Â
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:
B.Â
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]
A.Â
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:
1.Â
The immediate exclusion of the employee
from all retail food establishments;
2.Â
The immediate closure of the retail
food establishment concerned until, in the opinion of the Health Authority,
no further danger of disease outbreak exists;
3.Â
Restriction of the employee's service
to some area of the establishment where there would be no danger of
transmitting disease; and
4.Â
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.
