St. Louis City Revised Code Chapter 11.50 Fish and Fish Products

Chapter 11.50
Fish and Fish Products

Sections:

11.50.010 Definitions.
11.50.020 License--Retail fish markets.
11.50.030 License--Permit prerequisite.
11.50.040 Permit--Required.
11.50.050 Permit--Application.
11.50.060 Permit--Certification of health officer.
11.50.070 Permit--Revocation.
11.50.080 Permit--Rules of board.
11.50.090 Display and refrigeration.
11.50.100 Labels.
11.50.110 Prepackaged fish and product.
11.50.120 Retail fish markets to be kept clean.
11.50.130 Temporary or mobile vendors or hawkers.
11.50.140 Adulteration or misbranding.
11.50.150 Inspection--Required.
11.50.160 Inspection--Withdrawal.
11.50.170 Inspection--Right of entry.
11.50.180 Inspection--Interference.
11.50.190 Work orders.
11.50.200 Sampling.
11.50.210 Condemnation.
11.50.220 Rules and regulations.
11.50.230 General sanitation.
11.50.240 Floors.
11.50.250 Walls and ceilings.
11.50.260 Doors and windows.
11.50.270 Lighting.
11.50.280 Ventilation.
11.50.290 Employee toilet and dressing rooms.
11.50.300 Water supply.
11.50.310 Employee lavatory facilities.
11.50.320 Utensils and equipment--Construction.
11.50.330 Utensils and equipment--Cleaning.
11.50.340 Drying cloths.
11.50.350 Storage and handling utensils.
11.50.360 Waste disposal.
11.50.370 Refrigeration.
11.50.380 Wholesomeness of fish and product.
11.50.390 Protection from contamination.
11.50.400 Employee cleanliness.
11.50.410 Miscellaneous.
11.50.420 Disease control.
11.50.430 Penalty for violation.

City Counselor Ops.: 8769

11.50.010 Definitions.

For the purposes of this chapter the following words shall have the meaning ascribed to them in this section:

A. "Adulteration" means the addition of any substance which impairs the wholesomeness of the product or which contains any dye, coloring, preservative, or other added chemical whereby damage or inferiority is concealed, or whereby it is made to appear of better or greater quality or value than it is or which is poisonous or injurious to health or which contains any substance mixed therewith so as to lower, mask or injuriously effect the strength, quality or purity of such fish, fish product, or fish food product;

B. "Approved" as used in regard to utensils, materials, technique and processes, means satisfactory to the health officer and meeting the requirements of this chapter and the standards and specifications set forth in rules and regulations, made and adopted hereunder, established to prevent the use and consumption of unsound, unhealthful, unwholesome, diseased, contaminated, adulterated, or otherwise unfit or inedible fish;

C. "Board of public service" means the board of public service of the city of St. Louis, Missouri;

D. "Condemned" shall mean that the fish, fish product or fish food product so designated has been inspected and found to be unfit for human food because it is adulterated, misbranded or otherwise unwholesome;

E. "Distributor" means a person, firm or corporation, operating independently as a wholesaler to purvey products to retail outlets, who may or may not operate his own storage facilities or trucks;

F. "Establishment" means any processing, any curing, smoking, packing, storage, or other similar establishment, vehicle or temporary facility, at which fish, fish products, or fish food products are prepared or sold for human consumption and which must be inspected under the requirements of this chapter;

G. "Fish" means and includes raw fresh or frozen fish, oysters, clams, mussels, conchs, abalone, scallops, squid, octopi, eels, lobsters, shrimp, crayfish, turtles, frogs, snails, slugs or other similar aquatic animals, usually merchandised as and eaten as fish, whether whole or eviscerated, and which are sold, or intended for human consumption;

H. "Fish food products" means any article of food or any article intended for or capable of being used as human food which is derived or prepared wholly or in substantial or definite part from any edible portion of fish;

I. "Fish processing establishment" means any establishment in which fish is scaled, eviscerated, reduced in size by cutting, sawing, or grinding or is manufactured into fish food products;

J. "Fish products" means those products coming under the definition of fish, above, which are offered for sale with no change in character other than that they may be subdivided further than the commonly accepted whole fish. These subdivisions may include filleting, cutting into steaks or other similar processing;

K. "Fish storage establishment" means wholesale storage facility for product where refrigerated storage is the only operation and there is no subdivision of the fish carcass and no change in character of the fish by any process other than chilling or freezing;

L. "Hawker" means any person who sells or offers for sale in any wagon, vehicle, or other conveyance, drawn by hand or otherwise in streets by outcry or by going from place to place in the city, any fish, fish products, or fish food products;

M. "Health officer" means the health commissioner of the city or his duly appointed agents or representatives;

N. "Itinerant vendor" shall mean any person who engages in a temporary or transient business in the city, selling fish, fish products or fish food products and who for the purpose of carrying on such business, hires, leases, or occupies any room, building or structure for the exhibition or sale of such fish, fish products or fish food products;

O. "Misbranded" means all fish, fish products or fish food products, the label of which bears any statement, design or device regarding such article or the ingredients or substitutes contained therein, which shall be false or misleading or which fails to bear any words or statements required to be included in the label by city ordinance or regulations or state statute or regulations;

P. "Person" means natural person, individual, firm, partnership, corporation, company, society or association. This term shall import either the singular or the plural whichever is applicable;

Q. "Product" means any part or all of fish, fish products, or fish food products as produced by an establishment, as defined in subsection F;

R. "Retail fish market" means an establishment where fish, fish products or fish food products are displayed for sale, without further preparation, to the ultimate consumer in retail trade, on the same premises, and where no wholesale operations are carried on by such establishment from the same premises.
(Ord. 50140 § 1, 1961: 1960 C. § 480.010.)

11.50.020 License--Retail fish markets.

Any keeper of a retail fish market who shall fail to obtain any merchant's license or shall fail to keep such license posted in his shop shall be deemed guilty of a misdemeanor.
(Ord. 50140 § 2, 1961: 1960 C. § 480.020.)

11.50.030 License--Permit prerequisite.

The license collector shall issue no license to a fish processing, wholesale storing or distribution establishment or itinerant vendor or hawker of fish or product at retail unless the application therefor is accompanied by a certificate from the board of public service reciting that the applicant is the holder of a permit to operate such business; provided that no permit shall be required for retail establishments as defined in Section 11.50.010R. When the health officer finds that an establishment is operating in violation of this chapter he shall notify, in writing, the license collector that such is the case and recommend that the existing license be cancelled.
(Ord. 50140 § 13, 1961: 1960 C. § 480.130.)

11.50.040 Permit--Required.

After March 4, 1961, it shall be unlawful for any person to engage in the business of dressing fish for human food, making or preparing fish products, manufacturing or processing fish food products to be used as or in the preparation of human food or maintaining a wholesale fish storage or distribution facility for any fish or product or operate any itinerant vending or hawking facility for fish or fish products at retail within the city without first having applied for and obtained from the board of public service a permit to engage in such business, provided that restaurants operating under board of public service permits may process fish or product for service in the same establishment. Permits shall not be transferable with respect to persons or locations.
(Ord. 50140 § 8, 1961: 1960 C. § 480.080.)

11.50.050 Permit--Application.

Every application for any permit provided for by this chapter shall be in the form approved by the board of public service and shall state the name and address of the applicant, the precise nature of the business to be carried on, the extent of his interest in the business for which the permit is desired, and, if the applicant is not the owner of such business, then the application shall state name and address of the owner. Such application shall further state the location of the business for which the permit is desired and shall be submitted together with such plans and specifications and other information as may be required by the board of public service or the health officer.
(Ord. 50140 § 9, 1961: 1960 C. § 480.090.)

11.50.060 Permit--Certification of health officer.

The board of public service shall not issue a permit to engage in any business covered by this chapter until the health officer has certified to the board of public service that the applicant has complied with the provisions of this chapter and with all laws, ordinances and regulations applicable to such business.
(Ord. 50140 § 10, 1961: 1960 C. § 480.100.)

11.50.070 Permit--Revocation.

The board of public service shall have power, upon reasonable notice and a hearing thereon, to revoke any permit issued pursuant to this chapter if the establishment operating under such permit does not comply with its provisions and with all ordinances and lawful regulations of the health commissioner applicable to such establishments or if the holder of the permit shall have been repeatedly convicted of violating the ordinances of the city or the laws of the state of Missouri relating to the business in which he or it is engaged or if any false or misleading statement, upon a material matter, shall be made by the applicant in connection with the issuance of such permit.
(Ord. 50140 § 11, 1961: 1960 C. § 480.110.)

11.50.080 Permit--Rules of board.

The board of public service is authorized to adopt such rules and regulations governing its procedures relating to issuance and revocation of permits not inconsistent with the provisions of this chapter.
(Ord. 50140 § 12, 1961: 1960 C. § 480.120.)

11.50.090 Display and refrigeration.

No person shall cause the sidewalk display of fish, fish product or fish food product at any place within the city or cause any unwrapped or uncovered fish, fish product, or fish food product to be displayed on, above, or over any sidewalk, street, alley, or other public place within the city, nor display fish or product in such manner that said fish or product may be subjected to handling or contamination by customers or to contamination by any other animal, vegetable or chemical source whereby substances injurious to health might be added to the food. No fish, fish product, or fish food product, unless enclosed in a sealed container and sterilized completely shall be stored or displayed at a temperature of above fifty degrees Fahrenheit.
(Ord. 50140 § 3, 1961: 1960 C. § 480.030.)

11.50.100 Labels.

All trade labels shall be approved as to design, color, and contents by the health officer before use.

All sealed packages of fish or product shall bear a label stating the true name of the fish or product and fish food product labels shall bear a list of ingredients in order of prominence in the product and shall not be misbranded.
(Ord. 50140 § 14, 1961: 1960 C. § 480.140.)

11.50.110 Prepackaged fish and product.

Prepackaged fish, fish products and fish food products may be sold in open self service refrigerated cabinets in retail fish markets if each such cabinet is at all times maintained, for unfrozen product, at a temperature of not higher than thirty-six degrees Fahrenheit at the cooling surface or not higher than fifty degrees Fahrenheit at the rim of the cabinet and for frozen product at not more than ten degrees Fahrenheit, and if each portion of fish or product so sold is thoroughly prepackaged by wrapping and completely sealed so as to prevent contamination of the fish or product. Frozen prepackaged product shall not be thawed and refrozen. All such packages shall be legally labeled so as to comply with the ordinances of the city and such regulations as have been made and adopted to cover such operations.
(Ord. 50140 § 4, 1961: 1960 C. § 480.040.)

11.50.120 Retail fish markets to be kept clean.

Every person who is duly licensed to keep a retail fish market shall keep it properly cleaned and free from all foul smells and nuisances of every description and shall comply with the requirements of general sanitation set forth in Sections 11.50.230--11.50.420.
(Ord. 50140 § 5, 1961: 1960 C. § 480.050.)

11.50.130 Temporary or mobile vendors or hawkers.

Temporary or mobile vendors or hawkers and itinerant vendors as defined in Section 11.50.010 L. and N., may sell either whole or preprocessed fish or fish products at retail but may do no cutting, scaling, eviscerating or other processing in the temporary or mobile facility.

Such establishments must obtain board of public service permits as provided in Section 11.50.040 and shall obtain and display such licenses as are required by the city of St. Louis and the state of Missouri. The same limitations of operation and the sanitation requirements shall apply to these operation and the sanitation requirements shall apply to these establishments as are required for other retail fish markets. Approved type covered containers for all wastes and refuse shall be provided and properly used and the discharge of any wastes onto streets or alleys or into catch basins or storm sewers is prohibited.
(Ord. 50140 § 6, 1961: 1960 C. § 480.060.)

11.50.140 Adulteration or misbranding.

No person shall, within the city, manufacture, produce, sell, or offer for sale any adulterated or misbranded fish, fish product, or fish food product intended for human consumption. Any person who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars by imprisonment in the workhouse for not more than six months or by both such fine and imprisonment.
(Ord. 50140 § 7, 1961: 1960 C. § 480.070.)

11.50.150 Inspection--Required.

Inspection of establishments, fish, fish products, or fish food products, may be made at any time in order to determine compliance with the requirements of this chapter and with the rules and regulations made and adopted hereunder. A copy of the inspection sheet will be posted on an inside wall of the establishment following each inspection.
(Ord. 50140 § 15, 1961: 1960 C. § 480.150.)

11.50.160 Inspection--Withdrawal.

The health commissioner may withdraw inspections from establishments, operating under a board of public service permit, in the following instances:

A. When, in the judgment of the health commissioner, an immediate hazard to the public health exists;

B. When an establishment, after having been issued a work order as provided in this chapter, has failed to comply within the time limit allowed.

During such period of withdrawal of inspection, it shall be unlawful to sell or offer for sale or deliver, in the city of St. Louis, any fish, fish product or fish food product processed in such establishments.
(Ord. 50140 § 16, 1961: 1960 C. § 480.160.)

11.50.170 Inspection--Right of entry.

The right of entry into any establishment in which edible fish or product is prepared, stored, or sold is hereby granted to authorized agents of the health commissioner for the purpose of conducting inspections or investigations.
(Ord. 50140 § 17, 1961: 1960 C. § 480.170.)

11.50.180 Inspection--Interference.

It shall be unlawful for any person to hinder, interfere with, prevent, or refuse to permit any duly authorized inspection or investigation or to conceal any fish or product so as to prevent inspection or sampling or to run or drive away to prevent inspection or sampling.
(Ord. 50140 § 18, 1961: 1960 C. § 480.180.)

11.50.190 Work orders.

The health officer may order any establishment in which edible fish or product is prepared, stored, or sold to effect cleaning, repair or construction operations that are necessary to place such establishment in conformity with the requirements of this chapter, which order shall not be arbitrary or unreasonable. If the order involves a cleaning, repair, or construction operation which requires expenditure of considerable time or money, order shall be delivered personally or by registered mail to the establishment and shall specify a reasonable period within which compliance shall be had. While cleaning, repairing or construction operations are being undertaken pursuant to said order, the areas of the establishment affected by such order shall not be used for the preparation or sale of edible fish or product without the permission of the health officer. It shall be unlawful for any person to refuse or neglect to comply with any order lawfully issued pursuant to this section.
(Ord. 50140 § 19, 1961: 1960 C. § 480.190.)

11.50.200 Sampling.

Samples sufficient for analysis of edible fish, or product, or water, dyes, chemical preservatives, spices or other articles used in connection with the preparation or sale of edible fish or product may be taken by the health officer without cost as often as may be deemed necessary by the health officer.
(Ord. 50140 § 20, 1961: 1960 C. § 480.195.)

11.50.210 Condemnation.

When in the course of any inspection, survey, or investigation, the health officer finds fish or product that is unsound, unhealthful, unwholesome, diseased, contaminated, adulterated or otherwise unfit or inedible under provisions of this chapter or rules or regulations made and adopted hereunder, he may issue an order of condemnation, or an order for retention or holding, pending further investigation and examination. It shall be unlawful to dispose of any fish or product, which has been ordered by the health officer to be retained and held, until such article has been further inspected or examined and either approved or ordered condemned.
(Ord. 50140 § 21, 1961: 1960 C. § 480.200.)

11.50.220 Rules and regulations.

In order to prevent the use and consumption of unsound, unhealthful, unwholesome, contaminated, adulterated, misbranded or otherwise unfit or inedible fish or product, the health commissioner, with the approval of the director of health and hospitals and after submission to the board of public health for its conclusions and recommendations, is hereby empowered to make and adopt rules and regulations consistent with the requirements of this chapter.

Such rules and regulations may provide procedures for the inspection, by the health officer, of establishments subject to this chapter. Such rules and regulations may establish standards, specifications and interpretations designed to protect the health and safety of those who prepare, sell or consume fish or product and may provide for the condemnation of unsound, unhealthful, diseased, contaminated, adulterated, misbranded or otherwise unfit or inedible fish or product.
(Ord. 50140 § 22, 1961: 1960 C. § 480.210.)

11.50.230 General sanitation.

All establishments in which edible fish or product is prepared or sold shall be maintained in a clean and sanitary condition, shall be provided with suitable distribution of space, location of equipment and facilities and arrangement of all areas in which operations are to be conducted in order to facilitate cleanliness and prevent contamination of product; shall be constructed, designed and equipped in a manner approved by the health officer and shall comply with the requirements in Sections 11.50.230--11.50.420 and all rules and regulations made and adopted under authority of this chapter.
(Ord. 50140 § 23 (part), 1961: 1960 C. § 480.220 (part).)

11.50.240 Floors.

The floors of all areas in which edible fish or product is prepared or sold or in which utensils, equipment or containers are washed shall be constructed and shall be smooth, properly drained, and kept clean and in good repair.
(Ord. 50140 § 23 (A), 1961: 1960 C. § 480.220 (A).)

11.50.250 Walls and ceilings.

Walls and ceilings, of areas in which edible fish or product is prepared or sold, or in which utensils, equipment or containers are washed, shall be clean, in good repair, light color, and smooth and washable to level of splash.
(Ord. 50140 § 23 (B), 1961: 1960 C. § 480.220 (B).)

11.50.260 Doors and windows.

All outer openings shall have effective screens and outward opening, self-closing doors, or shall be equipped with fly repellent fans or other devices to protect against entry of flies--or flies shall otherwise be eliminated from the establishment, by acceptable means.
(Ord. 50140 § 23 (C), 1961: 1960 C. § 480.220 (C).)

11.50.270 Lighting.

Processing or storage rooms shall be well lighted so as to provide at least ten foot candles of light on all work surfaces.
(Ord. 50140 § 23 (D), 1961: 1960 C. § 480.220 (D).)

11.50.280 Ventilation.

All rooms shall be reasonably free of odors and condensation.
(Ord. 50140 § 23 (E), 1961: 1960 C. § 480.220 (E).)

11.50.290 Employee toilet and dressing rooms.

An adequate number of conveniently located dressing rooms, toilet rooms, and handwashing accommodations shall be provided for employees in all establishments which prepare edible fish or product. Toilet facilities shall be maintained in a clean condition and good repair.

Toilet rooms and dressing rooms shall be provided with self-closing doors and shall be well ventilated. A handwashing sign urging employees to wash hands before returning to work shall be posted in all toilets.
(Ord. 50140 § 23 (F), 1961: 1960 C. § 480.220 (F).)

11.50.300 Water supply.

An adequate and safe supply of hot and cold running water shall be accessible to all processing and utensil washing areas.
(Ord. 50140 § 23 (G), 1961: 1960 C. § 480.220 (G).)

11.50.310 Employee lavatory facilities.

Adequate, convenient and clean handwashing facilities, equipped with hot and cold running water, soap, and approved sanitary towels shall be provided in all work areas of the establishment. Employees of the establishment shall wash hands thoroughly after visits to the toilet, or after any other act which may contaminate hands.

Pails, or other vessels of clean sanitizing solution shall be acceptable for handwashing in hawker vehicles.
(Ord. 50140 § 23 (H), 1961: 1960 C. § 480.220 (H).)

11.50.320 Utensils and equipment--Construction.

Equipment and utensils used in any establishment preparing or selling edible fish or product shall be constructed in such manner as to be readily and thoroughly cleanable and shall be kept in good repair. All equipment used in preparation and sale of fish or product shall be constructed of corrosion resisting materials with the exception of actual cutting or chopping surfaces which may be constructed of material approved by the health officer. All equipment shall have smooth seams and joints and, in so far as possible all edges and corners shall be rounded.
(Ord. 50140 § 23 (I), 1961: 1960 C. § 480.220 (I).)

11.50.330 Utensils and equipment--Cleaning.

Utensils and equipment used in the preparation and storage, handling or sale of edible fish or product shall be thoroughly cleaned in approved utensil washing facilities. All utensils and equipment used in connection with the operation of any establishment shall be kept clean and free from dust, dirt, insects, and other contaminating materials.
(Ord. 50140 § 23 (J), 1961: 1960 C. § 480.220 (J).)

11.50.340 Drying cloths.

Drying cloths, if used must be kept clean and used for no other purpose.
(Ord. 50140 § 23 (K), 1961: 1960 C. § 480.220 (K).)

11.50.350 Storage and handling utensils.

Utensils shall be stored in a clean, dry place protected from flies, splash, dust, etc. and handled so as to prevent contamination so far as possible. Single service containers, wrapping materials, etc. shall be purchased in sanitary wrapping or cartons and kept in a clean dry place and properly handled.
(Ord. 50140 § 23 (L), 1961: 1960 C. § 480.220 (L).)

11.50.360 Waste disposal.

Liquid and inedible offal wastes shall be disposed of in an acceptable manner. Garbage and trash shall be kept in legal containers which shall be kept covered with tight fitting lids when not actually in the process of being filled and shall be hauled and disposed of frequently enough so as not to create a nuisance.
(Ord. 50140 § 23 (M), 1961: 1960 C. § 480.220 (M).)

11.50.370 Refrigeration.

Refrigeration equipment shall be provided which is capable of storing all unfrozen perishable product at a temperature of less than fifty degrees Fahrenheit and all frozen perishable product at a temperature of less than ten degrees Fahrenheit.
(Ord. 50140 § 23 (N), 1961: 1960 C. § 480.220 (N).)

11.50.380 Wholesomeness of fish and product.

All fish and product and all ingredients shall be wholesome and clean with no spoilage, shall be prepared so as to be safe for human consumption. All shellfish shall be from approved sources and all shucked shellfish shall be kept in the containers in which they were placed at the shucking plant.
(Ord. 50140 § 23 (O), 1961: 1960 C. § 480.220 (O).)

11.50.390 Protection from contamination.

All whole or processed fish or product shall be stored, handled, and displayed so as to be protected from dust, flies, roaches, rodents, unnecessary handling, droplet infection, overhead leakage, or from contact with any animal, vegetable or chemical contaminant which might add injurious or unhealthful substances to such product.

The keeping of live animals in any room where fish or product is prepared, stored or displayed is prohibited.

All means necessary for elimination of flies, roaches, or other insects shall be taken.

All establishments shall be rat stopped and shall be maintained in a rat free and mouse free condition.
(Ord. 50140 § 23 (P), 1961: 1960 C. § 480.220 (P).)

11.50.400 Employee cleanliness.

All employees shall wear clean outer garments of washable material at all times while engaged in the handling of food, utensils, or equipment and shall keep their hands clean.

Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared or displayed.

It shall be unlawful for any person in any establishment handling fish or product to engage in any practice which is insanitary or which tends to be detrimental to the cleanliness and sanitation of the establishment or the edible fish product prepared or sold therein.

Special types of clothing and head covering may be required in such instances as are deemed essential by the health officer.
(Ord. 50140 § 23 (Q), 1961: 1960 C. § 480.220 (Q).)

11.50.410 Miscellaneous.

The premises of all establishments shall be kept clean and free of litter or rubbish.

None of the operations connected with an establishment shall be conducted in any room used as living or sleeping quarters.

Adequate lockers or dressing rooms shall be provided for employees clothing and shall be kept clean. No employees clothing shall be kept openly in any work area of the establishment.

Containers shall be provided and soiled linens, coats and aprons, shall be kept therein.
(Ord. 50140 § 23 (R), 1961: 1960 C. § 480.220 (R).)

11.50.420 Disease control.

No establishment shall employ any person affected with a disease in a communicable form or any person with open lesions or sores.

A copy of the St. Louis health division's official handwashing sign shall be posted in all toilets in the establishment.
(Ord. 50140 § 23 (S), 1961: 1960 C. § 480.220 (S).)

11.50.430 Penalty for violation.

Any person who shall violate or fail to comply with any provision of this chapter shall be deemed guilty of a misdemeanor and shall upon conviction, unless otherwise provided by this chapter, be punished by a fine of not less than one dollar, nor more than five hundred dollars. Each day any violation of any provision of this chapter shall continue shall constitute a separate offense.
(Ord. 50140 § 25, 1961.)

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