Article 8: food and food products



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ARTICLE 8:
FOOD AND FOOD PRODUCTS


Sec. 385.

Gathering, Sale, Etc., of Watercress Grown Near Sewer Outlets.

Sec. 390.

Manufacture, Etc., of Dangerous Food Adulterants.

Sec. 391.

Penalty.

Sec. 396.

Furnishing of Samples of Food Preservatives to Department.

Sec. 397.

Penalty.

Sec. 402.

Use of Paraffin in Preparation of Rice.

Sec. 407.

Conveyance of Bread, Etc., Through Public Streets.

Sec. 412.

Wire Screens, Etc., in Places Where Food is Sold.

Sec. 417.

Crabs, Shellfish, Etc. – Conditions, Preparations, Etc.

Sec. 422.

Vegetable Culture – Watering and Growing Agents.

Sec. 423.

Penalty.

Sec. 428.

Manufacture, Etc., of Food and Liquor.

Sec. 429.

Penalty.

Sec. 434.

Receipt and Delivery of Bread, Etc., at Bakeries, Stores, Etc.

Sec. 435.

Character of Receptacles.

[Food Product and Marketing Establishments – Permits; Regulations]

Sec. 440.

Food Product and Marketing Establishments.

Sec. 440.1.

Inspection Before Issuance of Permit.

Sec. 440.2.

Permit Procedures.

Sec. 440.3.

Prohibition.

Sec. 440.4.

Sanitation of Premises.

Sec. 440.5.

Toilet and Handwashing Facilities to be Provided.

Sec. 440.6.

Authority to Make Rules, Etc.

Sec. 441.

Penalties and Enforcement.



Sec. 446.

Sale of Bread For Other Than Human Consumption.

[Food Preparation and Service Establishments – Permits; Regulations; Disclosure Requirements]

Sec. 451.

Food Preparation and Service Establishment.

Sec. 452.

Permit Required.

Sec. 452.

Applications for Permits; Denials; Appeals; Temporary Permits.

Sec. 453.

Diseased Employees.

Sec. 454.

Regulations.

Sec. 456.

Food Preparation and Service Establishment Disclosures.

Sec. 456.1.

Posting Requirements – Penalty for Noncompliance – Documents Available for Public Review.

Sec. 456.2.

Symbol and Inspection Score Card – Period of Validity.

Sec. 456.3.

Public Health Permit Suspension or Revocation – Notice of Closure.

Sec. 456.4.

Penalties and Enforcement.

Sec. 456.5.

Liens.



Sec. 456.6.

Enforcement of Safe Drinking Water and Toxic Enforcement Act of 1986 and its Implementing Regulations; Requirement that Warnings Be Provided in English, Spanish, and Chinese.

Sec. 456.7.

Restaurant Appreciation Month.

[Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment]

Sec. 460.

Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment Defined.

Sec. 461.

Permits.

Sec. 462.

Application – Investigation, Etc.

Sec. 463.

Application, Existing Establishments.

Sec. 464.

Grounds for Permit Revocations – Procedure.

Sec. 465.

Discretion of Officers, Etc.

Sec. 466.

Other Laws, Rules and Regulations.



Sec. 467.

Food Vending Machines.

[Nutrition Information Disclosure Requirements]

Sec. 468.

Purpose.

Sec. 468.1.

Findings.

Sec. 468.2.

Definitions.

Sec. 468.3.

Menu Labeling Required at Chain Restaurants. [Suspended.]

Sec. 468.4.

Nutrition Information Required to be Disclosed on Disclosure Media Other Than Menus, Menu Boards and Food Tags. [Suspended.]

Sec. 468.5.

Reporting Requirements. [Suspended.]

Sec. 468.6.

Penalties and Enforcement. [Suspended.]

Sec. 468.7.

Severability. [Suspended.]

Sec. 468.8.

Operative Date. [Suspended.]

Sec. 468.9.

Suspension of Ordinance.

[Food Security Task Force]

Sec. 470.1.

Establishment and Membership of Food Security Task Force.

Sec. 470.2.

Sunset Provision.

[Healthy Food Incentives Ordinance]

Sec. 471.1.

Findings.

Sec. 471.2.

Title and Purpose.

Sec. 471.3.

Definitions.

Sec. 471.4.

Incentive Items with Restaurant Food.

Sec. 471.5.

Administrative Penalties and Enforcement.

Sec. 471.6.

Preemption.

Sec. 471.7.

City Undertaking Limited to Promotion of General Welfare.

Sec. 471.8.

Severability.

Sec. 471.9.

Effective Date.


Editor's Note:
The bracketed division headers in this Article have been provided by the editor as an aid for the user and are not official parts of the Code.

SEC. 385. GATHERING, SALE, ETC., OF WATERCRESS GROWN NEAR SEWER OUTLETS.



No person shall gather, or sell, or offer for sale, or keep for sale, or give, or distribute, or otherwise dispose of any watercress, or any other edible herb or vegetable which has been, or is, or may be, growing within 1,000 feet of any sewer outlet, or any cesspool or any other place where stagnant water, or seepage, or other drainage, or any offensive matter, or any matter dangerous to health has, or may be accumulated.

SEC. 390. MANUFACTURE, ETC., OF DANGEROUS FOOD ADULTERANTS.



No person, firm or corporation shall manufacture, sell, expose for sale, give away, distribute or deliver or have in their possession, with intent to sell, expose for sale, give away, distribute or deliver, or cause to sell, expose for sale, give away, distribute or deliver any baneful or injurious substance intended to be used in the preservation of any article of food or drink for human consumption.

SEC. 391. PENALTY.



Any person, company or corporation violating any of the provisions of Section 390 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding $100, nor less than $25, or by imprisonment in the County Jail for a term not exceeding 100 days, nor less than 30 days, or by both such fine and imprisonment.

SEC. 396. FURNISHING OF SAMPLES OF FOOD PRESERVATIVES TO DEPARTMENT.



Every person, firm or corporation who shall manufacture, sell, expose for sale, give away, distribute, deliver or have in their possession, with intent to sell, expose for sale, give away, distribute or deliver, any mixture, compound or other substance intended to used in the preservation of any article of food or drink for human consumption is hereby required to furnish to the Department of Public Health on its demand a sample of said mixture, compound or other substance intended to be used in the preservation of any article of food or drink for human consumption.

SEC. 397. PENALTY.



Any person, company or corporation violating any of the provisions of Section 396 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding $100, nor less than $25, or by imprisonment in the County Jail for a term not exceeding 100 days, nor less than 30 days, or by both such fine and imprisonment.

SEC. 402. USE OF PARAFFIN IN PREPARATION OF RICE.



It shall be unlawful for any person, firm or corporation to use, or cause to be used, any oil, paraffin or other similar substance in the process of cleaning or preparing rice for market.

SEC. 407. CONVEYANCE OF BREAD, ETC., THROUGH PUBLIC STREETS.



It shall be unlawful for any person, company or corporation to carry, transport or convey, or to cause to be carried, transported or conveyed through the public streets in open baskets or exposed containers, or vehicles or otherwise, any bread, cakes or pastry intended for human consumption.

SEC. 412. WIRE SCREENS, ETC., IN PLACES WHERE FOOD IS SOLD.



It shall be unlawful for any person, firm, association or corporation, engaged in maintaining, conducting, carrying on or managing a restaurant place, kitchen, meat market, fruit store, vegetable store, delicatessen store, bakery store, street vendor's store, or any other place in which or where food is prepared, sold or disposed of for human consumption, to maintain, conduct, carry on or manage said place or store, except in the manner provided for in this Section.

It shall be unlawful for any person, firm, association or corporation to maintain, conduct, carry on or manage a restaurant place or kitchen where foodstuffs are cooked, prepared, sold or disposed of for human consumption, unless the doors, windows, apertures or other openings to the premises or place where said restaurant or kitchen is conducted, maintained, carried on or managed are effectively enclosed with finely woven wire mesh screens.

It shall be unlawful for any person, firm, association or corporation, between the hours of 9:00 a.m. and 6:00 p.m., to maintain, conduct, carry on or manage a meat market, fruit store, vegetable store, poultry store, delicatessen store or bakery store where food is offered for sale or disposed of for human consumption, unless all doors, windows, apertures and other openings to the premises or place where the business above mentioned is conducted, carried on, maintained or managed are tightly enclosed with finely woven wire mesh screens; and, furthermore, unless the food which is offered for sale or disposed of is kept within the doors of the store or place where said business is maintained, conducted, carried on or managed.

Provided, however, that this Section shall not apply to those who sell or offer for sale fruit solely in original, covered or unbroken packages.

It shall be unlawful for any person, firm, association or corporation to maintain, conduct, carry on or manage a street stand, whether stationary or movable, where is exposed for sale any food, candy or other edibles for human consumption, whether consumed at said stand or elsewhere, unless the said stand is furnished with tight glass cases, so as to protect said food, candy or other edibles from exposure to dirt, dust, flies or other insects.

Provided that this Section shall not apply to fruit or vegetables exposed for sale in street stands, stationary or movable.

It shall be unlawful for any person, firm, association or corporation to maintain, conduct, carry on or manage a street stand, whether stationary or movable, where is exposed for sale any fruit or vegetables, whether consumed at the said stand or elsewhere, unless the said stand is furnished, so as to protect said fruit and vegetables, with tight glass cases or finely woven wire mesh screens, mosquito netting, or other dirt, dust and fly proof covering, so placed over and about said fruit or vegetables as not to touch the same at any point.

Nothing contained in this Section shall require those selling or offering for sale bananas, pineapples, oranges, limes, lemons, or other citrus fruits, or fruits or vegetables whose rind or skin must be removed before eating, to enclose said fruits or vegetables with any covering or to keep the same within the doors of the store or place where the same may be sold or offered for sale.

SEC. 417. CRABS, SHELLFISH, ETC. – CONDITIONS, PREPARATIONS, ETC.



It shall be unlawful to send, bring or cause to be sent or brought into the City and County of San Francisco any live crabs, crawfish or other shellfish unless the same be in good healthy condition.

It shall be unlawful to prepare for food for human consumption any crabs, crawfish or other shellfish which are not at the time of preparation alive or in good wholesome condition, or to sell, expose or offer for sale or have possession of the same.

It shall be unlawful to send, bring or cause to be brought into the City and County of San Francisco any cooked crabs, crawfish or other shellfish, unless the same shall have been cooked for a period of not less than 40 minutes in boiling water at the time of preparation, and properly packed in ice while in transit to this City.

SEC. 422. VEGETABLE CULTURE – WATERING AND GROWING AGENTS.



It shall be unlawful for any person, firm or corporation to use human discharges or excrement, or any water containing any human discharges or excrement, or the waters of any well, spring, pond or creek, which receives the discharges of any sewer or drain, or which by any means whatever has become polluted with sewage discharges, for the purpose of irrigating or sprinkling vegetables used for human consumption.

It shall be unlawful for any person, firm or corporation to bring into the City and County of San Francisco, or to produce, sell, offer for sale or have in his or their possession for sale for human consumption in the City and County of San Francisco, without first obtaining a license from the Department of Public Health, to produce, sell, or offer for sale, vegetables for human consumption; and further they shall also be required to have a certificate by the Department of Public Health that said vegetables are produced in a manner that does not violate any of the provisions of this Section, and that the same are being handled and transported in wagons and containers satisfactory to the Department of Public Health, and said wagons and containers shall bear the legend "Inspected by the Department of Public Health, San Francisco, California," before a license for their operation is issued.

SEC. 423. PENALTY.



Any person, firm or corporation who shall violate any of the provisions of Section 422 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than $25 and not more than $500 or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprisonment.

SEC. 428. MANUFACTURE, ETC., OF FOOD AND LIQUOR.



The manufacture, production, preparation, compounding, packing, selling, offering for sale or keeping for sale within the City and County of San Francisco, or the introduction into this City from any other County, state, territory or the District of Columbia, or from any foreign country, of any article of food or liquor which is adulterated, mislabeled or misbranded within the meaning of this Section, is hereby prohibited. Any person, firm, company or corporation who shall import or receive from any other County, state or territory, or the District of Columbia, or from any foreign country, or who having so received shall deliver for pay or otherwise, or offer to deliver to deliver to any other person, any article of food or liquor adulterated, mislabeled or misbranded within the meaning of this Section, or any person who shall manufacture or produce, prepare or compound, or pack or sell, or offer for sale, or keep for sale in the City and County of San Francisco, any such adulterated, misbranded food or liquor shall be guilty of a misdemeanor; provided, that no article of food shall be deemed adulterated, mislabeled or misbranded within the provisions of this Section, when prepared for export beyond the jurisdiction of the United States and prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if such food shall be in fact sold, or kept or offered for sale for domestic uses and consumption, then this proviso shall not exempt said article from the operation of any provision of this Section.

(a) Definition. The term food as used in this Section shall include all articles used for food, drink, liquor, confectionery or condiment by man or other animals, whether simple, mixed or compound.

(b) Standard of Purity. The standard of purity of food and liquor shall be that proclaimed by the Secretary of the United States Department of Agriculture, where standards are not fixed by ordinance of the City and County of San Francisco.

(c) Adulteration. Food shall be deemed adulterated within the meaning of this act in any of the following cases:

(1) If any substance has been mixed or packed, or mixed and packed with the food so as to reduce or lower or injuriously affect its quality, purity, strength or food value;

(2) If any substance has been substituted wholly or in part for the article of food;

(3) If any essential or any valuable constituent or ingredient of the article of food has been wholly or in part abstracted;

(4) If the package containing it or its label shall bear in any manner any statement, design or device whereby damage or inferiority is concealed;

(5) If it contains any added poisonous or other added deleterious ingredient;

(6) If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance, or any portion of an animal or vegetable unfit for food, whether manufactured or not, or if it is the product of a deceased animal, or one that has died otherwise than by slaughter; provided that an article of liquor shall not be deemed adulterated, mislabeled or misbranded if it be blended or mixed with like substance so as not to injuriously lower or injuriously reduce or injuriously affect its quality, purity or strength;

(7) In the case of confectionery, if it contains terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug;

(8) In the case of vinegar, if it be artificially colored;

(9) If it does not conform to the standard of purity therefor as proclaimed by the Secretary of the United States Department of Agriculture, when not fixed by ordinance of the City and County of San Francisco.

(d) Misbranding. The term "misbranded" as used herein shall apply to all articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food product which is falsely branded as to the county, city and county, city, town, state, territory, District of Columbia or foreign country in which it is manufactured or produced.

Food and liquor shall be deemed mislabeled or misbranded within the meaning of this Section in any of the following cases:

(1) If it be an imitation of or offered for sale under the distinctive name of another article of food;

(2) If it be labeled or branded or colored so as to deceive or mislead, or tend to deceive or mislead the purchaser, or if it be falsely labeled in any respect, or if it purport to be a foreign product tending to mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package;

(3) If in package form, and the contents are stated in terms of weight measure, they are not plainly and correctly stated on the outside of the package;

(4) If the package containing it or its label shall bear any statement, design or device regarding the ingredients or the substance contained therein, which statement, design or device shall be false or misleading in any particular;

(5) When any package bears the name of the manufacturer, jobber or seller, or the grade or class of the product, it must bear the name of the real manufacturer, jobber or seller, and the true grade or class of the product, the same to be expressed in clear and distinct English words in legible type; provided that an article of food shall not be deemed misbranded if it be a well-known product of a nature, quality and appearance and so exposed to public inspection as not to deceive or mislead nor tend to deceive or mislead a purchaser, and not misbranded and not of the character included within the definitions, first to fourth of this subsection;

(6) If, having no label, it is an imitation or adulteration, or is sold or offered for sale under the name, designation, description or representation which is false or misleading in any particular whatever; and in case of eggs and poultry, if they have been kept or packed in cold storage, or otherwise preserved, they must be so indicated by written or printed label or placard plainly designating such fact when offered or exposed for sale.

(e) Package Defined. The term "package" as used in this Section shall be construed to include any phial, bottle, jar, demijohn, carton, bag, case, can, box or barrel, or any receptacle, vessel or container of whatsoever material or nature which may be used by a manufacturer, producer, jobber, packer or dealer for enclosing any article of food.

(f) Evidence of Violation. The possession of any adulterated, mislabeled, or misbranded article of food or liquor by any manufacturer, producer, jobber, packer or dealer in food, or broker, commission merchant, agent, employee or servant of any such manufacturer, producer, jobber, packer or dealer, shall be prima facie evidence of the violation of this Section.

(g) Rights to Samples. The Department of Public Health and all its officers, agents and employees shall have the right at any time to obtain by purchase a sample of food from any person, persons or concern selling or exposing for sale or exchanging in the City and County of San Francisco, such sample to be taken and sealed in full view and in the presence of the person from whom said sample is taken, and shall then and there furnish to the person from whom such sample is taken approximately one-half such sample sealed, and shall deliver to the said Department of Public Health immediately the sample so taken, properly sealed.

(h) Exemption from Prosecution. No dealer shall be prosecuted under the provisions of this Section when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States from whom he purchased such an article to the effect that the same is not adulterated, mislabeled or misbranded within the meaning of this Section, designating it. Said guaranty to afford protection, must contain the name and address of the party or parties making the sales of such article to said dealer, and an itemized statement showing the article purchased; or a general guaranty may be filed with the Secretary of the United States Department of Agriculture by the manufacturer, wholesaler, jobber or other party in the United States and be given a serial number, which number shall appear on each and every package of goods sold under such guaranty, with the words, "Guaranteed under the food and drugs act, June 30, 1906". In case the wholesaler, jobber, manufacturer or other party making such guaranty to said dealer resides within this state, and it appears from the report of the City Chemist that such article or articles were adulterated, mislabeled or misbranded within the meaning of this Section, or the National Pure Food Act, approved June 30th, 1906, the District Attorney must forthwith notify the Attorney General of the United States of such violation.

SEC. 429. PENALTY.



Any person, firm, company or corporation violating any of the provisions of Section 428 of this Article shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 nor more than $500 or shall be imprisoned in the County Jail for a term not exceeding six months, or by both such fine and imprisonment. Food found to be adulterated, mislabeled or misbranded within the meaning of Section 428 may be seized and destroyed.

SEC. 434. RECEIPT AND DELIVERY OF BREAD, ETC., AT BAKERIES, STORES, ETC.



It shall be unlawful for any person, firm or corporation to conduct and maintain, or carry on, or cause to be conducted, maintained or carried on, any bakery, store, shop or stand where there is to be received or delivered bread or other bakery products, unless the said bakery, store, shop or stand be provided with proper receptacles for bread, or other bakery products, as in Section 435 of this Article provided.

Every bakery, store, shop or stand where bread or other bakery products of any kind are received or delivered shall be provided with a wooden receptacle for the reception and protection of bread or other bakery products, and into which all bread or other bakery products shall be placed when delivered as herein provided.

SEC. 435. CHARACTER OF RECEPTACLES.



(a) The said receptacle for the reception of bread or other bakery products as aforesaid, shall be constructed of clear pine board, dressed on both sides, and shall have not less than two coats of paint on the outside. The outside must present a smooth surface, with no bottom or side mouldings thereon. The receptacle shall be furnished with four bent iron legs, each two inches in height, fastened to two cleats which shall extend across the bottom of the receptacle, one inch from the ends of the receptacle, and the ends of said cleats shall extend to within one inch from the side thereof. The inside corners shall be filled and reinforced with right angle pine uprights with smooth surfaces to exclude dust accumulating in the corners of receptacle.

(b) There shall be no aperture, nor openings in said receptacle, and the top thereof shall be placed in a position slanting toward the front and shall extend one inch over the sides and front of said receptacle, and shall be used as a cover therefor, and shall be attached thereto with two hinges at the top and back, and be furnished with appliances for locking the cover on receptacle at the front.

(c) The minimum size of such receptacle shall be 20 inches in length, 15 inches in width, and 18 inches in height, exclusive of legs, and of whatever size said receptacle shall be built, it shall, in the main adhere to the proportions in the minimum size as hereinbefore set forth.

Such receptacle as aforesaid shall be placed and kept in a convenient place for the reception and delivering of bread or other bakery products outside any bakery, store, shop or stand as aforesaid at any time, and at all times, when the said bakery, store, shop or stand is closed between the hours of 6:00 in the afternoon of any day and 8:00 in the forenoon of the following day, the said receptacle shall be taken into and kept inside said bakery, store, shop or stand at and during all times when bread or other bakery products may be delivered to and into said bakery, store, shop or stand.
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