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BULLETSt. Louis City Revised Code Chapter 11.42 Restaurants Part I

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 11.42
Restaurants
PART I. FOOD CODE: CHAPTERS 1 THROUGH 7

Sections:

11.42.010 Adopted.
11.42.020 Amendments.
11.42.030 Section 1-101.10--Amended.
11.42.040 Section 1-201.10--Amended.
11.42.050 Section 201.11--Amended.
11.42.060 Section 2-102.11--Amended.
11.42.070 section 2-201.14--Added.
11.42.080 Section 2-301.13--Added.
11.42.090 Section 2-101.11--Amended.
11.42.100 Section 2-103.11--Amended.
11.42.110 Section 3-307.12--Added.
11.42.120 Section 3-701.132--Added.
11.42.130 Section 3-201.11--Amended.
11.42.140 Section 3-602.11--Amended.
11.42.150 Section 5.104.12--Amended.
11.42.160 Section 5-204.11--Amended.
11.42.170 Section 5-202.12--Amended.
11.42.180 Section 5-101.13--Added.
11.42.190 Section 5-501.10--Added.
11.42.200 Section 5-501.15--Amended.
11.42.210 Section 6-301.12--Amended.
11.42.220 Section 6-201.13--Amended.
11.42.222 Section 6-202.16--Added.
11.42.224 Section 6-501.115--Amended.

City Counselor Ops.: 8642

11.42.010 Adopted.

Chapters 1 through 7, inclusive, of the National Food Code, 2009, as published by the U. S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, attached to Ordinance No. 68597 as Exhibit A and incorporated herein by this reference, with the changes and deletions made by Sections 11.42.030 through 11.42.224, are hereby adopted as Part One (Chapters 1 through 7) of the St. Louis Food Code, effective ninety (90) days after the effective date of the ordinance codified in this part.
(Ord. No. 68597, 2, 3-16-2010.)

11.42.020 Amendments.

Chapters 1 through 7 of The National Food Code, 2009, are hereby amended and changed, for purposes of this chapter, in the following respects, as set out in this part.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.030 Section 1-101.10--Amended.

Delete 1-101.10; insert in lieu thereof:

1-101.10 Food Code. This ordinance shall be referred to as the St. Louis Food Code.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.040 Section 1-201.10--Amended.

Delete the following definitions in 1-201.10(B); insert in lieu thereof:

Core Item.

(1) "Core item" means a provision in this Code that is not designated as a PRIORITY ITEM OR A PRIORITY FOUNDATION ITEM.

(2) "Core item" includes an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance.

(3) "Core item" is also known as non-CRITICAL ITEM.

"Food Establishment.

(1) Food establishment" means an operation that:

(a) stores, prepares, packages, serves, vends food directly to the consumer, or otherwise provides FOOD for human consumption such as a restaurant; satellite or catered feeding location; catering operation if the operation provides FOOD directly to a CONSUMER or to a conveyance used to transport people; market; grocery store; convenience store; vending location; conveyance used to transport people; institution; or FOOD bank; and

(b) 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.

and

(c) Serves POTENTIALLY HAZARDOUS FOODS.

Priority Item.

(1) "Priority item" means a provision in this Code whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with food borne illness or injury and there is no other provision that more directly controls the hazard.

(2) "Priority item" includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, handwashing; and

(3) "Priority item" is an item that is denoted in this Code with a superscript P- P.

(4) "Priority item" is also known as CRITICAL ITEM.

Priority Foundation Item.

(1) "Priority foundation item" means a provision in this Code whose application supports, facilitates or enables one or more PRIORITY ITEMS.

(2) "Priority foundation item" includes an item that requires the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to food borne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling; and

(3) "Priority foundation item" is an item that is denoted in this Code with a superscript Pf - Pf.

(4) "Priority foundation item" is also known as CRITICAL ITEM.

"Regulatory Authority" means the COMMISSIONER or his/her designated representative, including but not limited to employees of the Bureau of Environmental Health Services Food and Beverage Control Program of the City of St. Louis Department of Health, whose specific purpose is to assure the safety of FOOD ingested or imbibed in public places.

Add the following definitions in 1-201.10(B):

"Commissioner" means the Commissioner of Health for the City of St. Louis.

"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.

"Grocery store" means a food establishment in which any place or section of the place offers food and food products to the consumer which are intended for off-premise consumption. The term includes delicatessens that offer prepared food in bulk quantities only, markets and convenience stores that sell potentially hazardous foods that are prepackaged. The term does not include establishments which handle only prepackaged, non-potentially hazardous foods; roadside markets and open air markets that offer only whole, uncut fresh fruits and vegetables for sale; restaurant type establishments; or food and beverage vending machines.

"Ice" for use as a FOOD or as a cooling medium means ice from an APPROVED source.

"Mobile Food Establishment" means a FOOD ESTABLISHMENT which travels from a fixed servicing area to one or more locations to serve FOOD or drink, and includes:

(1) Pushcarts, which are FOOD ESTABLISHMENTS that are non-motorized wheeled carts propelled solely by human power;

(2) Full-prep mobile FOOD ESTABLISHMENTS, which are vehicles which serve unpackaged FOOD prepared on or off the vehicle; and

(3) Packaged food mobile FOOD ESTABLISHMENTS, which are vehicles which serve only pre-packaged, ready-to-eat FOOD or drink and/or whole, uncut fruit and/or vegetables from an APPROVED source.

"Order of Cessation" means a written notice to cease FOOD service operation issued by the COMMISSIONER forthwith or in conjunction with the suspension of a FOOD ESTABLISHMENT PERMIT or GROCERY STORE PERMIT.

"Reconstituted" means dehydrated FOOD products recombined with water or other liquids.

"Seasonal Food Establishment" means a FOOD ESTABLISHMENT that operates for fifteen (15) to one hundred twenty (120) days within any permit year; a SEASONAL FOOD ESTABLISHMENT must comply with all requirements applicable to a FOOD ESTABLISHMENT, except as expressly provided herein.

"Unwholesome" means the condition of any FOOD which is diseased, decayed, tainted, putrid, infected, poisoned, ADULTERATED, contaminated, unclean or otherwise impure or unfit for human consumption.

"Volunteer" means a person who performs work without pay in a FOOD ESTABLISHMENT or GROCERY STORE for thirty consecutive days or less in a twelve month period.

"Wholesome" means in sound condition, clean, free from adulteration and otherwise suitable for use as human FOOD.

Delete the definition of "Servicing area" in 1-201.10(B) and insert in lieu thereof the following:

"Servicing area" means a FOOD ESTABLISHMENT or GROCERY STORE that serves as 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.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.050 Section 201.11--Amended.

Add the following at the end of 2-201.11 A(1):

(f) Any symptom required by the COMMISSIONER where deemed necessary to protect the public health.

Add the following at the end of 2-201.11 A(2):

(f) A diagnosis required by the COMMISSIONER when deemed necessary to protect the public health.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.060 Section 2-102.11--Amended.

Delete 2-102.11 (B) and add in lieu thereof:

(B) Being a certified FOOD protection manager who has shown proficiency of required information through passing a test that is part of an ACCREDITED PROGRAM; and
(Ord. No. 68597, 3, 3-16-2010.)

11.42.070 Section 2-201.14--Added.

Add as 2-201.14 the following:

Hepatitis A Immunization

(A) Every holder of a PERMIT for a FOOD ESTABLISHMENT, operating for more than ten days, shall verify a certificate of immunization from a health care provider for the Hepatitis A virus from every EMPLOYEE assigned to the preparation, display or service of FOOD for such FOOD ESTABLISHMENT within thirty (30) days after the commencement of such EMPLOYEE'S employment with the PERMIT HOLDER, unless:

(1) such EMPLOYEE objects to vaccination because of a religious belief; or

(2) such EMPLOYEE provides a statement from a health care provider that such EMPLOYEE:

(a) is immune from the Hepatitis A virus; or

(b) is pregnant; or

(c) is allergic to the Hepatitis A vaccine; or

(3) the PERMIT HOLDER certifies to the REGULATORY AUTHORITY that such EMPLOYEE is a VOLUNTEER.

(B) The PERMIT HOLDER shall maintain a copy of the certificate of immunization for the Hepatitis A virus, or other documents as provided for in (A), for each designated EMPLOYEE throughout the period of such EMPLOYEE'S employment and for a period of six months (6) following the termination of such employment and shall make such copies available for inspection by inspectors for the REGULATORY AUTHORITY or the State of Missouri upon request.

A certificate of immunization as required by (A) shall be sufficient for purposes of this Section if it certifies that the EMPLOYEE has received the initial vaccination for the Hepatitis A virus within the previous six (6) months, so long as such EMPLOYEE provides the PERMIT HOLDER with a certification of the required booster shot within one year of the date of the original vaccination.

(C) Failure on the part of the PERMIT HOLDER to

(1) verify a certificate of immunization for the Hepatitis A virus from every EMPLOYEE assigned to the preparation, display or service of FOOD for such FOOD ESTABLISHMENT; or

(2) maintain a copy of the certificate of immunization for the Hepatitis A virus, or other documents as provided for in this Section, for each designated EMPLOYEE throughout the period of such EMPLOYEE'S employment and for a period of six (6) months following the termination of such employment; or

(3) make copies of such certificates of immunization, or other documents as provided for in (A), available for inspection by inspectors for the REGULATORY AUTHORITY or the State of Missouri, shall constitute a violation of this ordinance and a hazard to public health. The COMMISSIONER is authorized to suspend or revoke the FOOD ESTABLISHMENT PERMIT of any PERSON found in violation of the provisions of this section as provided by LAW.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.080 Section 2-301.13--Added.

Add as 2-301.13 the following:

Special Handwash Procedures. Special handwash procedures may be required by the COMMISSIONER when deemed necessary to protect the public health.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.090 Section 2-101.11--Amended.

Add as 2-101.11(A) the following:

(A) 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 or GROCERY STORE during all hours of operation.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.100 Section 2-103.11--Amended.

Add as 2-103.11(A) the following:

(A) FOOD ESTABLISHMENT or GROCERY STORE operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under 6-202.111;
(Ord. No. 68597, 3, 3-16-2010.)

11.42.110 Section 3-307.12--Added.

Add the following:

3-307.12 Emergency Occurrences. In the event of a fire, flood, power outage, natural or manmade disaster, or similar event that might result in the contamination of food, or that might prevent POTENTIALLY HAZARDOUS FOOD from being held at required temperatures, the PERSON IN CHARGE shall immediately contact the REGULATORY AUTHORITY.

Upon receiving notice of such an occurrence, the REGULATORY AUTHORITY shall take whatever action it deems necessary to protect the public health.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.120 Section 3-701.132--Added.

Add the following:

3-701.132 Examination and Condemnation of Food.

(A) FOOD may be examined or samples may be taken for analysis to a laboratory designated by the COMMISSIONER as often as may be necessary to determine freedom from adulteration or misbranding.

(B) The REGULATORY AUTHORITY may, upon written notice to the owner or PERSON IN CHARGE, issue an order placing a hold on any FOOD which the REGULATORY AUTHORITY has probable cause to believe or has determined to be unwholesome or otherwise adulterated or misbranded. Under such a hold order, FOOD shall be permitted to be suitably stored but may not be sold or given away. If this FOOD is not stored under the requirements of this chapter, immediate condemnation and destruction of the FOOD shall be ordered by the COMMISSIONER.

(C) It is a violation of this ordinance for any PERSON to disobey or in any manner interfere with an order of the REGULATORY AUTHORITY placing a hold on FOOD. It is a violation of this ordinance for any PERSON to remove or alter a hold order, notice, or tag placed on FOOD by the REGULATORY AUTHORITY, or to re-label or re-pack, or reprocess or alter or dispose of any FOOD or the containers thereof upon which an order to hold has been issued by the REGULATORY AUTHORITY, except with the written consent of the REGULATORY AUTHORITY.

(D) Any PERSON aggrieved by an order to hold FOOD may have a hearing before the COMMISSIONER if written request is made within ten (10) days from the service of the notice of the order. After a hearing, the COMMISSIONER may vacate the hold order. The COMMISSIONER may, by written order after a hearing, or after ten (10) days if no hearing is requested, direct the PERMIT HOLDER or PERSON IN CHARGE of the FOOD which was placed on hold to denature or destroy such FOOD or to bring it into compliance with the provisions of this chapter.

(E) If the COMMISSIONER has cause to believe that any FOOD item is a risk to the public health based on failure to meet the requirements of this chapter, a condemnation of such FOOD item may be issued resulting in immediate disposal of such FOOD item.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.130 Section 3-201.11--Amended.

Add as 3-201.11(B) the following:

(B) FOOD prepared in a private home may not be used or offered for human consumption in a FOOD ESTABLISHMENT or GROCERY STORE.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.140 Section 3-602.11--Amended.

Add as 3-602.11(A) the following:

(A) FOOD PACKAGED in a FOOD ESTABLISHMENT or GROCERY STORE, shall be labeled specified in LAW, including 21 CFR 101- Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.150 Section 5.104.12--Amended.

Delete 5.104.12 and insert in lieu thereof the following:

5.104.12; Alternative Water Supply. Water meeting the requirements specified under Subparts 5-101, 5-102, and 5-103, shall be made available for a mobile facility, for a TEMPORARY FOOD ESTABLISHMENT without a permanent water supply and for a FOOD ESTABLISHMENT or GROCERY STORE with a temporary interruption of no more than 24 hours of its water supply through:

(1) A supply of containers of chemically BOTTLED DRINKING WATER;

(2) One or more closed portable water containers;

(3) An enclosed vehicle water tank;

(4) An on-premises water storage tank; or

(5) Piping, tubing, or hoses connected to an adjacent APPROVED source.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.160 Section 5-204.11--Amended.

Delete 5-204.11 and insert in lieu thereof the following:

5-204.11 Handwashing Sinks. A HANDWASHING SINK shall be located:

(1) To allow convenient use by EMPLOYEES in FOOD preparation, FOOD dispensing, and WAREWASHING areas; no EMPLOYEE in such areas shall be required to travel more than twenty (20) feet from any work station, or to pass through a door or other obstruction to reach a HANDWASHING SINK; and

(2) In, or immediately adjacent to, toilet rooms.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.170 Section 5-202.12--Amended.

Delete 5-202.12 and insert in lieu thereof the following:

5-202.12 Handwashing Sink, Installation.

(A) A HANDWASHING SINK shall be equipped to provide water at a temperature of at least 38C (100F) through a mixing valve or combination faucet.

(B) A steam mixing valve may not be used at a HANDWASHING SINK.

(C) A self-closing, slow-closing, or metering faucet shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet. Self-closing, slow-closing, or metering faucets are prohibited in FOOD preparation, FOOD service or UTENSIL washing areas.

(D) An automatic handwashing facility shall be installed in accordance with manufacturer's instructions.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.180 Section 5-101.13--Added.

Add as 5-101.13 the following:

BOTTLED DRINKING WATER used or sold in a FOOD ESTABLISHMENT or GROCERY STORE shall be obtained from APPROVED sources in accordance with 21 CFR- Processing and Bottling of BOTTLED DRINKING WATER.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.190 Section 5-501.10--Added.

Add as 5-501.10 the following:

If located within the FOOD ESTABLISHMENT or GROCERY STORE, a storage area for REFUSE, recyclables, and returnables shall meet the requirements specified under 6-101.11, 6-201.11 - 6-201.18, 6-202.15, and 6-202.16.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.200 Section 5-501.15--Amended.

Add as 5-501.15(A) the following:

(A) Receptacles and waste handling units for REFUSE, recyclables, and returnables used with materials containing FOOD residue and used outside the FOOD ESTABLISHMENT or GROCERY STORE shall be designed and constructed to have tight-fitting lids, doors, or covers.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.210 Section 6-301.12--Amended.

Delete 6-301.12 and insert in lieu thereof the following:

6-301.12 Hand Drying Provision. Each HANDWASHING SINK or group of adjacent HANDWASHING SINKS shall be provided with:

(1) Individual, disposable towels;

(2) A continuous towel system that supplies the user with a clean towel; or

(3) A heated-air hand drying device; or

(4) A hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures provided, items (2), (3), and (4) do not apply to handwashing sinks in FOOD preparation, FOOD service or UTENSIL washing areas.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.220 Section 6-201.13--Amended.

Add as 6-201.13(A) the following:

(A) In FOOD ESTABLISHMENTS or GROCERY STORES in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than 1mm.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.222 Section 6-202.16--Added.

Add as 6-202.16 the following:

Perimeter walls and roofs of a FOOD ESTABLISHMENT or GROCERY STORE shall effectively protect the establishment from the weather and the entry of insects, rodents, and other animals.
(Ord. No. 68597, 3, 3-16-2010.)

11.42.224 Section 6-501.115--Amended.

Delete 6-501.115 and insert in lieu thereof the following:

6-501.115 Prohibiting Animals.

(A) Except as specified in (B) and (C) of this section, live animals may not be allowed on the PREMISES of a FOOD ESTABLISHMENT or GROCERY STORE.

(B) Live animals may be allowed in the following situations if the contamination of FOOD, clean EQUIPMENT, UTENSILS, and LINENS, and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES cannot result:

(1) Edible FISH or decorative FISH in aquariums, shellfish or crustacea on ICE or under refrigeration, and shellfish and crustacea in display tank systems;

(2) Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;

(3) In areas that are not used for FOOD preparation and that are usually open for customers, such as dining and sales areas, SERVICE ANIMALS that are controlled by the disabled EMPLOYEE or PERSON, if a health or safety HAZARD will not result from the presence or activities of the SERVICE ANIMAL;

(4) Pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if:

(a) Effective partitioning and self-closing doors separate the common dining areas from FOOD storage or FOOD preparation areas,

(b) Condiments, EQUIPMENT, and UTENSILS are stored in enclosed cabinets or removed from the common dining areas when pets are present, and

(c) Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service;

(5) In areas that are not used for FOOD preparation, storage, display, or dining, in which there are caged animals or animals that are similarly confined, such as in a variety store that sells pets or a tourist park that displays animals; and

(6) Dogs in outdoor patio establishments that meet all requirements of Ordinance 67611.

(C) Live or dead FISH bait may be stored if contamination of FOOD, clean EQUIPMENT, UTENSILS, and LINENS, and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES can not result.

(D) VARIANCES may be granted by the COMMISSIONER as provided by Section 10-101.13.
(Ord. No. 68597, 3, 3-16-2010.)

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