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CH 07 HEALTH & SANITATION (2) CHAPTER 7 HEALTH & SANITATION SECTION 1: STAGNANT WATER, TRASH, WEEDS, & OTHER VEGETATION PROHIBITED (A) : It shall be unlawful for any person who owns or occupies any house, building, establishment, lot, or yard in the City to permit or allow holes, places, or containers where water may accumulate and become stagnant. It shall be unlawful for any person who owns or occupies any house, building, establishment, lot, or yard in the City to permit or allow any trash, rubbish, carrion, filth, or other impure or unwholesome matter to accumulate or remain thereon or therein. : It shall be unlawful for any person owning, claiming, occupying, or having supervision or control of any real property within the City to permit weeds, brush, or any objectionable or unsightly vegetation to grow due to lack of vegetation management upon any such real property. It shall be the duty of such person to keep the area from the line of his property to the curb line adjacent to it free and clear of matter referred to above. Objectionable or unsightly vegetation includes all weeds and grasses that exceed twelve inches (12") in height. (1) Exemptions: (a) State highway rights-of-way. (b) Agricultural areas, agricultural meaning crop production and/or grazing. (c) Heavily wooded areas filled with uncultivated underbrush. (d) The cultivation of concentrated wildflowers from March 1 until June 15 of each year in areas where grasses and weeds do not exceed eighteen inches (18") in height. (e) Areas that are zoned A-O or A-OR. Trees, shrubs, bushes, plants, grass, weeds, or any other vegetation growing at or near intersections in such manner as to obstruct the view of approaching traffic from the right or left shall be unlawful, and the City Manager is hereby authorized to remove the vegetation. (E) Work or Improvements Done by the City and Notice Requirements: (1) If the owner of property in the City does not comply with an ordinance under this chapter within seven days of notice of a violation, the City may: (a) do the work or make the improvements required; and (b) pay for the work done or improvements made and charge the expenses to the owner of the property. 7-1 Rev. 05/06 (2) The notice must be given: (a) personally to the owner in writing; (b) by letter addressed to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located; or (c) if personal service cannot be obtained: (1) by publication at least once; (2) by posting the notice on or near the front door of each building on the property to which the violation relates; or (3) by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. (3) If the City mails a notice to a property owner in accordance with Subsection (2), and the United State validity of the notice is not affected, and the notice is considered as delivered. (4) In a notice provided under this section, the City may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the City without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the City has not been informed in writing by the owner of an ownership change, then the City without notice may take any action permitted by Subsections (1) (a) and (b) and assess its expenses as provided by Texas Health and Safety Code §342.007. (F) al person, business entity, or association of people in this Chapter. (G) A violation of this Chapter is also declared a nuisance and may be enforced 5000 feet outside the city limits. (Ordinance No. 2592 of November 21, 2002)(Ordinance No. 3241 of April 22, 2010) 7-2 Rev. 05/06 SECTION 2: UNLAWFUL CONDUCT RELATED TO HEALTH AND SAFETY (A) A person commits an offense if he: (1) uses property in a way that annoys, injures, or endangers the health, safety, comfort, or repose of any person, (2) uses property in a way that accumulates manure or rubbish or debris, (3) creates or allows any sign, awning, and other similar structure over the streets or sidewalks so situated or constructed as to endanger health, safety, comfort, or repose of any person, (4) makes filthy, littered, or trash-covered cellars, house yards, factory yards, vacant areas in rear of stores, vacant lots, houses, buildings, or premises containing trash, litter, rags, accumulation of empty barrels, boxes, crates, packing cases, lumber or firewood not neatly piled, scrap iron, tin, and other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire danger, (5) makes any unsightly building, pre-empted, or other structure, or any old, abandoned, or partially destroyed building or structure, or any building or structure commenced and left unfinished, or any abandoned well or excavation not properly protected and which may attract children and endanger them in the course of play, (6) creates places used or maintained as junk yards, or dumping grounds, or for the wrecking or disassembling of automobiles, trucks, or machinery of any kind, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, (7) allows the keeping of any lot or piece of ground where a pool or pond is located that holds unwholesome, impure, stagnated, or offensive water, (8) allows the open storage of commodities and materials for sale, lease, inventory or private use in areas zoned as residential. Such materials shall be screened by a solid fence and shall not be visible from a public right-of-way. Commodities are defined as, but not limited to: appliances, automotive parts, building materials, firewood, furniture (excluding patio and lawn furniture), and landscape materials. Firewood stored in rear or side yards, and A O and A OR zoning districts are exempt from the screening requirements, (9) possesses, manufactures, stores, sells, handles, or uses fireworks, (a) Exemption : a supervised public display of fireworks provided that a permit for such fireworks display has been obtained from the State Fire Marshall or his designated representative. (10) allows or maintains an unreasonable noise: (a)Day Time Noise (1) during the hours of 7:00 A. M. to 10:00 P.M. that when measured from the property line of a residence located in residential zoned property exceeds 63 decibels and would disturb or annoy a person of ordinary sensibilities, or 7-3 Rev. 05/06 (2) during the hours of 7:00 A. M. to 10:00 P.M. that when measured from a contiguous interior wall of a residence that is a multiunit residence located in residential zoned property exceeds 55 decibels and would disturb or annoy a person of ordinary sensibilities. (b) Night Time Noise (1) during the hours of 10:01 P.M to. 6:59 A. M. that when measured from the property line of a residence located in residential zoned property exceeds 56 decibels and would disturb or annoy a person of ordinary sensibilities, or (2) during the hours of 10:01 P.M to. 6:59 A. M. that when measured from a contiguous interior wall of a residence that is a multiunit residence located in residential zoned property exceeds 50 decibels and would disturb or annoy a person of ordinary sensibilities. (c) Exemptions (1) Necessary construction or property maintenance, including the use of lawnmowers, during the hours of 7:00 A.M. to 10:00 P.M., (a) For a person to perform construction work before 7:00 A.M. or end later than 10:00 P.M. a permit must be sought and obtained from the City Building Official, and if the Building Official concludes that because of the construction operations involved construction at that time is reasonable and necessary. (b) Construction work in public rights-of-way or easements by the City or the Texas Department of Transportation. (2) Use of properly maintained air conditioning units. (d) Wolf Pen Creek Amphitheater (1) If a user, renter, or any person occupying Wolf Pen Creek Amphitheater makes or allows an unreasonable noise that would disturb or annoy a person of ordinary sensibilities the City will notify that person to lower the noise to a reasonable level. (2) If the noise level is not lowered the person may be ordered to cease use of the Amphitheater. (B) people in this Chapter. (C) A violation of this Chapter is also declared a nuisance and may be enforced 5000 feet outside the city limits. (Ordinance No. 1996 of February 11, 1993)(Ordinance No. 2780 of January 27, 2005)(Ordinance No. 1996 of February 11, 1993) )(Ordinance No. 3241 of April 22, 2010) 7-4 Rev. 05/06 SECTION 3: Deleted in its entirety (Ordinance No. 1988 of November 12, 1992, Ordinance No. 2302 of February 12, 1998, and Ordinance No. 3241 of April 22, 2010) SECTION 4: LITTER CONTROL ON PUBLIC PROPERTY A. Definitions (1) "Authorized Receptacle" is a litter storage and collection receptacle as required and authorized in the City of College Station. (2) "City" is the City of College Station. (3) "City Road" or "Right-of-Way" means the entire width between the property road lines of a road, street, right-of-way, thoroughfare, bridge or park located in the City, if any part thereof is open to the public for vehicular traffic. This ordinance regulates all roads, streets, rights-of-way, thoroughfares, bridges and parks maintained by the City whether dedicated, purchased or acquired by prescription. (4) "Construction Materials" means all waste, refuse, concrete, rock/brick or materials resulting from construction or demolition projects. (5) "Earth Materials" means substances such as dirt, sand, gravel, mud, clay, wood chips capable of blowing or spilling thereby creating unsightliness and/or creating a hazard for the general public. (6) "Garbage" means all decayable waste from public and private establishments and restaurants, including vegetable, animal and fish offal, and animal and fish carcasses. The term does not include sewage, body wastes or industrial by-products. (7) "Junk" means all worn out, worthless and discarded material, including odds and ends, iron or other metal, glass and cordage. (8) "Litter" is garbage, refuse and rubbish as defined herein and all other waste material, which if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. (9) "Park" is a park, playground, recreation area, nature area or other public area in the City, or used by the City and devoted to active or passive recreation. (10) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (11) "Public Place" is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings. (12) "Refuse" means any garbage, rubbish, paper or other decayable and nondecayable waste, including vegetable matter and animal and fish carcasses. The term does not include sewage from a public or private establishment or residence. (13) "Rubbish" means all non-decayable waste, except ashes, from a public or private establishment or residence. (14) "Sanitary Landfill" is a controlled area of land upon which solid waste materials are disposed of in accordance with the standards, rules, regulations, and orders estab- lished by the Texas Department of Health. 7-5 Rev. 05/06 B. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City except in public receptacles or in other authorized receptacles for collection or in the official City sanitary landfill. C. Persons placing litter in public receptacles or in other authorized receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. D. No person shall sweep into or deposit in any gutter, on any curb, street or other public place within the City, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. No person shall, without permission of the City of College Station, store, dump or dispose of any litter, construction or earth materials, or other solid waste on any city road, street, right-of-way, thoroughfare, bridge, park or other public place. E. A person commits an offense if that person, without prior permission of the City of College Station, stores, dumps or disposes of junk, garbage, rubbish, refuse or other solid waste on a City road, street, right-of-way, thoroughfare, bridge or park. (Ordinance No. 1649 of April 24, 1986) F. POSSESSION OF GLASS IN AREA WHERE PROHIBITED It shall be unlawful for any person in the City of College Station, Texas, on any right-of-way or street, sidewalk or pedestrian-way in the Northgate Area, as defined below, to possess any glass beverage container. (i) NORTHGATE AREA: That area bounded by and included within University Drive to the south; South College Avenue to the east; the City of Bryan to the north; and Wellborn Road to the west. This specifically includes the four boundary streets and their intersections with each other. (ii) EXEMPTIONS: Notwithstanding any other provision of this section, nothing in this section shall prohibit the possession of, including but not limited to, the following glass containers in the Northgate Area: Baby bottles containing products for consumption by babies. This section shall not prohibit possession of glass containers in motor vehicles, buildings not owned or controlled by the City of College Station, residential structures, or inside premises (Ordinance No. 2339 of July 23, 1998)) 7-6 Rev. 05/06 SECTION 5: FOOD ESTABLISHMENTS A. TEXAS DEPARTMENT OF HEALTH, DIVISION OF FOOD AND DRUGS, "RULES ON TEXAS FOOD ESTABLISHMENTS 229.161 229.171 and 229.173 229.175", ADOPTED The definitions; the inspection of food service establishments; the issuance, suspension and revocation of permits to operate food service establishments; the prohibiting of the sale of unsound or mislabeled food or drink; regulating the sale of food from mobile food units; and the enforcement of this ordinance shall be regulated in accordance with the Texas Depart- ment of Health, Division of Food and Drugs "Rules on Texas Food Establishments 229.161 229.171 and 229.173 229.175", which on this date are hereby adopted by reference, three certified copies of which shall be on file in the office of the City Secretary, and the guidelines provided by the Texas Department of Health for the regulation of mobile shrimp vendors in accordance with Chapter 43 which on this date is hereby adopted by reference: Provided, that the words "municipality of in said ordinance shall be understood to refer to the authority" shall be understood to refer to the City of College Station and the words "regulatory authority" shall be understood to refer to the City of College Station or its authorized representative. The authorized representative for enforcement of this ordinance shall be the Brazos County Health Department and the City. B. PERMITS, LICENSES, OR CERTIFICATES (1) GENERAL No person shall operate a food service establishment who does not have a valid permit, license, or certificate issued to him by the regulatory authority. Only a person who complies with the requirements of these rules shall be entitled to receive or retain such a permit, license, or certificate. Permits, licenses, or certificates are not transferable. A valid permit, license, or certificate shall be posted in every food service establishment. (2) ISSUANCE OF PERMIT (a) Any person desiring to operate a food service establishment shall make written application for a permit on forms provided by the City. Such application shall include the applicant's full name and post office address and whether such applicant is an individual, firm, or corporation, and, if a partnership, the names of the partners, together with their addresses shall be included; the location and type of the proposed food service establishment; and the signature of the applicant or applicants. If the application is for a temporary food service establishment, it shall also include the inclusive dates of the proposed operation. Permits shall be renewed annually on or before January 1st. At the time of renewal or in case of a new establishment, before business has begun, the applicant shall pay to the City of College Station, or its agent receiving same, a fee to be set by a resolution of the City Council. Upon receipt of such an application, the City of College Station, through the health authority, shall make an inspection of the food service establishment to determine compliance with the provisions of this section. When inspection reveals that the applicable requirements of this section have been met, a permit shall be issued to the applicant by the City of College Station as set by City Council resolution. (b) The application for a renewal permit and the accompanying fee must be received by the Brazos County Health Department, on or before February 1 of the calendar year for which the permit is sought. If such application and fee are not received by the date herein specified, Brazos County Health Department may charge the food service establishment up to an additional 20% of the fee due and owing as a late penalty for failure to comply with the requirements of subsection (a), above. The charging of such late fee will have no effect on the City's right to seek criminal penalties permitted by the enforcement provision of this ordinance. 7-7 Rev. 05/06 (3) SUSPENSION OF PERMIT (a) The regulatory authority may, without warning, notice, or hearing suspend any permit, license, or certificate to operate a food service establishment if the holder of the permit, license, or certificate does not comply with the require- ments of these rules, or if the operation of the establishment does not comply with the requirements of these rules, or if the operation of the food service establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by Paragraph (3)(b) of Subsection (B) of this rule. When a permit, license, or certificate is suspended, food service operations shall immediately cease. Whenever a permit, license, or certificate is suspended, the holder of the permit, license, or certificate shall be afforded an opportunity for a hearing within twenty (20) days of receipt of a request for a hearing. (b) Whenever a permit, license, or certificate is suspended, the holder of the permit, license, or certificate, or the person in charge shall be notified in writing that the permit, license, or certificate is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit, license, or certificate within ten (10) days. If no written request for hearing is filed within ten (10) days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist. (4) REVOCATION OF PERMIT, LICENSE, OR CERTIFICATE The regulatory authority may, after providing opportunity for a hearing, revoke a permit, license, or certificate for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the holder of the permit, license, or certificate, or the person in charge, in writing, of the reason for which the permit, license, or certificate shall be revoked at the end of the ten (10) days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit, license, or certificate within such ten (10) day period. If no request for hearing is filed within the ten (10) day period, the revocation of the permit, license, or certificate becomes final. (5) SERVICE OF NOTICES A notice provided for in these rules is properly served when it is delivered to the holder of the permit, license, or certificate, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, license, or certificate. A copy of the notice shall be filed in the records of the regulatory authority. (6) HEARINGS The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit, license, or certificate by the regulatory authority. (7) APPLICATION AFTER REVOCATION Whenever a revocation of a permit, license, or certificate has become final, the holder of the revoked permit, license, or certificate may make written application for a new permit, license, or certificate. 7-8 Rev. 05/06 C. INSPECTIONS (1) INSPECTION FREQUENCY An inspection of a food service establishment shall be performed at least once every six (6) months. Additional inspections of the food service establishment shall be performed as often as are necessary for the enforcement of these rules. (2) ACCESS Agents of the regulatory authority, after proper identification, shall be permitted to enter any food service establishment at any reasonable time, for the purpose of making inspections to determine compliance with these rules. The agents shall be permitted to examine the records of the establishments to obtain information per- taining to food and supplies purchased, received, or used, or to persons employed. (3) REPORT OF INSPECTIONS Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded in the inspection report form set out in Paragraph (5) of Subsection (C) of this rule. The inspection report form shall summarize the re- quirements of these rules and shall set forth a weighted point value for each re- quirement. Inspection remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from 100. A copy of the inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law. (4) CORRECTION OF VIOLATIONS (a) The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: (i) If an imminent health hazard exists, such as complete lack of re- frigeration or sewage backup into the establishment, the establish- ment shall immediately cease food service operations. Operations shall not be resumed until authorized by the regulatory authority. (ii) All violations of 4- or 5-point weighted items shall be corrected immediately, but in no circumstances shall the corrections take longer than twenty-four hours. Within fifteen (15) days after the inspection, the holder of the permit, license, or certificate shall submit a written report to the regulatory authority stating that the 4- or 5-point violations have been corrected. A follow-up inspection shall be conducted to confirm correction. (iii) All violations of 3- point weighted items shall be corrected as soon as soon as possible, not to exceed ten (10) days following inspection. (iv) All 1- or 2-point weighted items shall be corrected as soon as pos- sible, but in any event, by the time of the next routine inspection. (v) When rating score of the establishment is less than 60, the estab- lishment shall initiate corrective action on all identified violations within forty-eight (48) hours. One or more reinspections will be conducted at reasonable time intervals to assure correction. (vi) In the case of temporary food service establishments, all violations shall be corrected immediately upon notification of violation. If 7-9 Rev. 05/06 violations are not corrected immediately upon notification, the establishment shall immediately cease food service operations until authorized to resume by the regulatory authority. (b) The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of the food service operations. An opportunity for appeal from the inspection findings and time limitations will be provided if a written request for a hearing is filed with the regulatory authority within ten (10) days following cessation of operation. If a request for a hearing is received, a hearing shall be held within twenty (20) days of receipt of that request. (c) Whenever a food service establishment is required under the provisions of this rule to cease operations, it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exists. Opportunity for reinspection shall be offered within a reasonable time. (5) INSPECTION REPORT FORM (Ordinance states "An inspection report form based on the requirements of these rules is appended.") (6) FOLLOW UP PROCEDURE (a) A follow up inspection shall be conducted within forty-eight (48) hours of when the following violations are noted: (i) Lack of potable water. (ii) Inadequate refrigeration. (iii) Sewage back-up. (iv) Inadequate sanitation (score of 69 or below) (v) Lack of hot water. (vi) Interruption of electricity or water. (vii) Misuse of poisonous/toxic chemicals. (viii) On-set of an apparent food borne disease outbreak. (ix) Fire/flood. (x) Failure to exclude infectious employee. (xi) Three or more consecutive violations of the same nature. (xii) Other conditions that affect public health. (b) Any of the foregoing violations constitute a substantial health hazard and may result in immediate suspension of a permit pending resolution of the violation(s). (c) If the follow up fee is not paid within thirty days to the Brazos County Health Department, it may charge the food service establishment up to an additional 20% of the fee due and owing as a late penalty for failure to comply. The charging of such late fee will have no effect on the City's right to seek criminal penalties permitted by the enforcement provision of this ordinance. (Ordinance No. 2423 of January 13, 2000) (7) PENALTY FOR VIOLATION (a) Any person who violates any section of this ordinance is guilty of a misdemeanor and upon conviction is punishable in accordance with Chapter 1, Section 5, of the Code of Ordinances, City of College Station, Texas. In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation. (Ordinance No. 2836 of October 13, 2005) 7-10 Rev. 05/06 D. EXAMINATION AND CONDEMNATION OF FOOD Food may be examined or sampled by the regulatory authority as often as necessary for enforcement of these rules. The regulatory authority may, upon written notice to the owner or person in charge specifying with particularity the reasons therefor, place a hold order on any food which it believes is in violation of Subsection (a) of Rule .003. or any other provision of these rules. The regulatory authority shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The regulatory authority shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten (10) days and that if no hearing is requested the food shall be destroyed. A hearing shall be held if so requested; and, on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of these rules. E. REVIEW OF PLANS (1) Submission of Plans Whenever a food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the Brazos County Health Department for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type, model, location and size of proposed fixed equipment and facilities. The Brazos County Health Department shall approve the plans and specifications if they meet the requirements of these rules. No food service establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the regulatory authority. (2) Pre-operational Inspection Whenever plans and specifications are required by Paragraph (1) of Subsection (E) of this rule to be submitted to the Brazos County Health Department, the Brazos County Health Department shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifi- cations and with the requirements of these rules. F. PROCEDURE WHEN INFECTION IS SUSPECTED (1) When the regulatory authority has reasonable cause to suspect the possibility of disease transmission from any food service establishment employee, it may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. The regulatory authority may require any or all of the following measures: (a) The immediate exclusion of the employee from all food service establish- ments; (b) The immediate closing of the food service establishment concerned until, in the opinion of the regulatory authority, no further danger of disease outbreak exists. (c) Restriction of the employee's services to some area of the establishment where there would be no danger of other employees and of his and their body discharges. 7-11 Rev. 05/06 (2) Foodhandler's Card Each person working in a food establishment, or handling food, shall obtain a valid foodhandler's permit. It is an offense for an employee to begin to work or for an employer to hire any person who does not have a permit by the first day of employment. This permit is to be issued by the Brazos County, Texas Health Department in accordance with all requirements for such instruction and/or examina- tions for disease as the health authority may designate. The permit shall be valid for such a time as the health authority may designate, but not to exceed four (4) years. The permit shall be kept on file by the Brazos County Health Authority which shall in turn issue to the foodhandler a card attesting to the validity of the permit. (3) Food Manager Certification (a) Within one hundred twenty (120) days of the effective date of this Ordinance, a food service establishment shall employ at least one person who is a full- time, on-site supervisory employee who is responsible for food preparation and service and who has a valid and current food manager certificate of registration issued by the regulatory authority. (i) A food service establishment is in compliance with this section if there is one full-time registered food manager employed in a supervisory capacity. (ii) Food service establishments that serve, sell, or distribute only prepackaged foods, non-potentially hazardous foods or beverages, and temporary food service establishments are exempt from the provisions of this section. (b) If a food service establishment cannot meet the requirements of paragraph (3)(a)(i) above because of the termination or permanent transfer of a regis- tered food service manager, the food service establishment shall: (i) Notify the regulatory authority in writing within ten (10) days of the effective date of termination or permanent transfer of the registered food manager; and (ii) Employ another registered food manager or employ a manager currently attending the manager certification course within twenty (20) days of the effective date of termination or permanent transfer of the previous registered food manager. (c) The regulatory authority shall issue a food manager certificate of registration to any person who submits the required application, pays the required fee, and provides evidence of completion of the food manager certification course. The food manager certification course shall meet the following minimum criteria: (i) The course shall be taught by a person adequately trained in sanitary food handling who (1) is a registered professional sanitarian in the State of Texas or is registered by the National Environmental Health Association; or (2) possesses an earned four-year (or greater) college degree in the life sciences, food science or nutrition; or (3) has a combination of formal education and experience which meets the approval of the regulatory authority. (ii) The course shall be taught in a formal classroom setting for a minimum of fifteen (15) instructional hours. (iii) The course shall require completion of a thorough examination with a score of seventy percent (70%) or greater accepted as passing. The examination may be taken no more than two (2) times unsuccessfully before the applicant is required to repeat the course. 7-12 Rev. 05/06 (iv) The course curriculum shall include the following topics: Food temperature requirements, types of food-borne illnesses, prevention of food-borne illnesses, food microbiology, infectious diseases trans- mittable through food, disease reporting, prevention of contamination, vermin control, approved food sources, and personal hygiene of food handlers. (v) Persons successfully completing the course shall be given a written document of certification by the course provider for registration by the regulatory authority. (d) Term, evidence of, and transfer of registration. (i) A food manager certificate of registration expires three (3) years from the date of issuance unless revoked sooner by the regulatory authority. (ii) The food manager certificate of registration issued by the regulatory authority shall be posted in clear view of customers while the reg- istered food manager is on duty at a food service establishment. (iii) A food manager certificate of registration may be renewed for a subsequent three-year period if the applicant (1) submits an ap- plication for renewal within thirty (30) days before expiration of the current registration, (2) pays to regulatory authority the required fee, (3) provides evidence that within the six (6) months prior to submit- ting the application for renewal he has attended a food manager certification course approved by the regulatory authority or received a passing score on a national examination for certification of food managers that meets requirements of the United States Food and Drug Administration and the Texas Department of Health. (iv) A food manager certificate of registration is not transferable. (e) Registration or renewal denial; Registration revocation. The regulatory authority may refuse to issue or renew a food manager certificate of registration or may revoke a food manager certificate of registra- tion if the applicant or holder (1) has been convicted of interfering with the lawful inspection of a food service establishment, (2) makes a false statement of material fact in the application for registration or renewal of registration, or (3) was employed as a food manager of an food service establishment where the establishment's food service permit was suspended two (2) or more times within a two (2) year period or where the establishment's food service permit was revoked. (f) Appeal of denial or revocation. The decision of the regulatory authority to deny issuance or renewal or to revoke a food manager certificate of registration may be appealed within ten (10) days of the denial or revocation. A hearing before the Zoning Board of Adjustment will be provided at the earliest available time. (g) The fees for obtaining or renewing a food manager certificate of registration and for replacing a lost, stolen, or damaged certificate of registration shall be set from time to time by City Council Resolution. (Ordinance No. 2423 of January 13, 2000) 7-13 Rev. 05/06 G. FEES (1) The Public Health Board of the Brazos County Health Department shall adopt rules to charge fees necessary to the administration and enforcement of the provisions of this ordinance including, but not limited to; permit fees, certificate fees, registration fees, and inspection fees. The Board shall provide an updated fee schedule to the City within 30 days of any fee changes approved by the Board. (Ordinance No. 2860 of January 12, 2006) Note: A previous section titled "Section 5: Sale of Adulterated and Misbranded Milk and Milk Products Prohibited" was repealed by Ordinance No. 1649 of April 24, 1986. SECTION 6: RESERVED Note: A previous section titled "Section 5: Soft Serve Establishments" was repealed by Ordinance No. 1979 of September 24, 1992. SECTION 7: SALE OF UNPASTEURIZED MILK OR MILK PRODUCTS PROHIBITED A. The retail sale or offer for sale of milk or a milk product which is not Grade "A" pasteurized as defined by State law is prohibited. B. Proof of the sale or offer for sale of milk or a milk product without a Grade "A" pasteurized label on the container in which it was sold shall constitute prima facie evidence that the milk or milk product was not Grade "A" pasteurized. (Ordinance No. 1650 of May 8, 1986) C. A person who violates any of the provisions of this section is subject to a fine pursuant to the General Penalty set out in Chapter 1, Section 5, of this Code of Ordinances. (Ordinance No. 2030 of September 9, 1993) 7-14 Rev. 05/06 SECTION 8: FOOD ESTABLISHMENT SANITATION (Ordinance No. 2423 of January 13, 2000) A. GENERAL PROVISIONS (1) Purpose. These rules shall be liberally construed and applied to promote the underlying purpose of protecting the public health. (2) Definition. The following words and terms when used in these sections, shall have the following meanings unless the context clearly indicates otherwise: (a) Bulk food - unpackaged or unwrapped, processed or unprocessed food in aggregate containers from which quantities desired by the consumer are withdrawn. For the purpose of this interpretation, the term does not include fresh fruits, fresh vegetables, nuts in the shell, salad bars and potentially haz- ardous foods. (b) Corrosion-resistant materials - those materials that maintain acceptable sanitary surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment. (c) Display area - a location or locations, including physical facilities and equipment, where bulk food, and other products, are offered for customer self-service. (d) Easily cleanable - that surfaces are readily accessible and made of such material and finish and so fabricated that residue can be effectively removed by normal cleaning methods. (e) Employee - the permit holder, individual having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or any other person working in a food store. (f) Equipment - items other than utensils used in the storage, preparation, dis- play, and transportation of food such as stoves, ovens, hoods, slicers, grinders, mixers, scales, meat blocks, tables, food shelving, reach-in refrig- erators and freezers, sinks, ice makers, and similar items used in the opera- tion of a retail food store. This item does not include fork lift trucks or dollies. (g) Farmers Market - an establishment or location used by producers and ven- dors primarily for the distribution and sale of raw and custom shelled agri- cultural products directly to consumers and wholesalers. The sale of other food products at such market shall not disqualify it as a farmers market provided that such food products meet all applicable federal, state, and local health laws regulating the manufacture and sale of nonfood products not regulated by the Texas Department of Health shall not disqualify it as a farm- ers' market. (h) Food - any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. (i) Food-contact surfaces - those surfaces of equipment and utensils with which food normally comes into contact, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food. 7-15 Rev. 05/06 (j) Food service establishment - any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term includes delicatessens that offer prepared food in individual service portions. The term does not include private homes where food is prepared or served for individual family consumption, retail food stores, the location of food vending machines, and supply vehicles. (k) Hermetically sealed container - a container which is designed and intended to be secure against the entry of microorganisms and to maintain the com- mercial sterility of its contents after processing. (l) Law - applicable Federal, State, and local statutes, ordinances, and regula- tions. (m) Packaged - bottled, canned, cartoned, bagged, or securely wrapped. (n) Permit - the document issued by the regulatory authority which authorizes a person to operate a retail food store. (o) Person - any individual, partnership, corporation, association, or other legal entity. (p) Person in charge - the individual present in a retail food store who is the supervisor of the retail food store at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge. (q) Potentially hazardous food - any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustaceans, or other ingredients, including synthetic ingredients, and which is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include: clean, whole, uncracked, odor- free shell eggs; foods that have a pH level of 4.5 or below or a water activity (aw) value of 0.85 or less under standard conditions; food products in hermetically sealed containers processed to prevent spoilage. (r) Product module - a food-contact container (multiuse or single-service) designed for customer self-service of bulk food by either direct or indirect means. (s) Regulatory authority - the State and/or local enforcement authority or authorities having responsibility for enforcing these rules. For the purpose of this ordinance, the regulatory authority will be the Brazos County Health Department. (t) Retail food store - any establishment or section of an establishment where food and food products are offered to the consumer and intended for off- premise consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged, nonpotentially hazardous foods; roadside markets that offer only fresh fruits and fresh vegetables for sale; food store establishments; farmers markets; or food and beverage vending machines as defined in the Vending of Food and Beverages, 1978, Department of Health, Education and Welfare Publication No. (FDA) 78-2091. (u) Safe materials - articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food. If materials are food additives or color additives as defined in Section 201 (s) or (t) of the Federal Food, Drug, and Cosmetic Act amended May 1980, Department of Health and Human Services Publication No. (FDA) 80-1051, as used they are "safe" only if they are used in conformity with regulations 7-16 Rev. 05/06 established pursuant to Section 201 (s) or (t) of the Federal Food, Drug, and Cosmetic Act amended May 1980, Department of Health and Human Services Publication No. (FDA) 80-1051, and are used in conformity with all applicable regulations of the Food and Drug Administration. (v) Sanitization - effective bactericidal treatment as defined in the Procedures for the Bacteriological Examination of Food Utensils and/or Food Equipment Surfaces, Technical Information Bulletin No. 1, 1967, Public Health Service Publication No. 1631, by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on cleaned food-contact surfaces of utensils and equipment. (w) Sealed - free of cracks or other openings that permit the entry or passage of moisture. (x) Servicing area - a designated location or locations equipped for cleaning, sanitizing, drying or refilling product modules or for preparing bulk food. (y) Single-service articles - items used by the retailer or consumer such as cups, containers, lids, and packaging materials, including bags and similar articles, intended for contact with food, and designed for one-time, one-person use and then discarded. The term does not include "single use" articles such as number 10 cans, aluminum pie pans, bread wrappers and similar articles into which food has been packaged by the manufacturer. (z) Transportation (transported) - movement of food within the retail food store or delivery of food from that retail food store to another place while under the control of the person in charge. (aa) Utensil - any food-contact implement used in the storage, preparation, transportation, or dispensing of food. (bb) Warewashing - the cleaning and sanitizing of food-contact surfaces of equipment and utensils. B. FOOD (1) Food supplies. (a) General. Food shall be in sound condition and safe for human consumption. Food shall be obtained from sources that comply with the applicable laws relating to food safety. Food prepared in a home shall not be used or offered for sale. Bulk food product modules shall be labeled with either: (1) The manufacturer's or processor's bulk container labeling plainly in view; or (2) A counter card, sign or other appropriate device bearing prominently and conspicuously the common name of the product, a list of ingredients in proper order of predominance and declaration of artificial color or flavor and chemical preservatives if contained in the product. (b) Special requirements. (1) Fluid milk and fluid milk products used or offered for sale shall be pasteurized and shall comply with the Grade "A" standards as established by Article 165-3, Vernon's Texas Civil Statutes, The Texas Milk Grading and Labeling Law. Raw milk may be sold by the producer directly to the consumer at the point of production, i.e. at the farm, provided that such producer has been issued a Grade "A" 7-17 Rev. 05/06 Raw Milk for Retail Permit, and complies with all the standards for Grade "A" Raw Milk for Retail. Dry milk and dry milk products used or offered for sale shall be made from pasteurized milk and milk products. Raw milk cheeses, not requiring pasteurization, produced in accordance with the Code of Federal Regulations, 21 CFR Part 133, shall be exempt from the provisions of this subsection. (2) Fresh and frozen shucked shellfish (oysters, clams, or mussels) shall be received and/or repacked in nonreturnable packages identified with the name and address of the shell stock processor, shucker- packer, or repacker, and the State certification number issued according to law. Shucked shellfish shall be kept in the container in which they were received until used or sold. (3) Each original container of unshucked shellfish (oysters, clams, or mussels) shall be identified by an attached tag, to be retained for a period of 90 days, that states the name and address of the original shellfish processor, the date and bay of harvest, the kind and quantity of shellfish and the certification number issued by the State of Foreign Shellfish Control Agency, where applicable. (4) Only clean shell eggs meeting applicable grade standards or pas- teurized liquid, frozen or dry eggs, or pasteurized dry egg products shall be used or offered for sale. (5) Only ice which has been manufactured from potable water and handled in a sanitary manner shall be used or offered for sale. Ice offered for sale shall be packaged and shall meet all of the requirements in the Department's Rules, Section 229.181-229.184 of this title (relating to the Registration of Manufacturers of Foods). (2) Food Protection (a) General. (1) At all times, including while being stored, prepared, displayed, dis- pensed, packaged, or transported, food shall be protected from cross-contamination between foods and from potential contamination by insects, insecticides, rodents, rodenticides, probe-type price or probe-type identification tags, unclean equipment and utensils, unnecessary handling, flooding, draining, and overhead leakage or condensation, foreign matter, or other agents of public health sig- nificance. The temperature of potentially hazardous foods shall be 45°F (7°C) or below or 140°F (60°C) or above, at all times, except as otherwise provided in these rules. Hermetically sealed packages shall be handled so as to maintain product and container integrity. Food items that are spoiled or that are in damaged containers that may affect the product and those food items that have been returned to, or are being detained by, the retail food store because of spoilage, container damage, or other public health considerations, shall be segregated and held in designated areas pending proper disposition unless disposed of under the supervision of the regulatory authority. (2) Bulk foods and product modules shall be protected from contami- nation during display, customer self-service, refilling and storage. (3) Containers of bulk pet foods and bulk nonfood items shall be sepa- rated from other foods by a barrier or open space from product modules. (4) Bulk food returned to the store by the customer shall not be offered for resale. 7-18 Rev. 05/06 (5) Only containers provided by the store in the display area shall be filled with bulk foods. (b) Emergency occurrences. The person in charge of a retail food store that is affected by a fire, flood, extended power outage, sewage backup, or a similar significant occurrence that creates a reasonable probability that food in the retail food store may have been contaminated or that the temperature level of food which is in a potentially hazardous form may have caused that food to have become hazardous to health, shall take such action as is necessary to protect the public health and shall promptly notify the regulatory authority of the emergency. 3. Food storage. (a) General. (1) Food packaged in an immediate closed container, once the container is opened in the retail food store prior to uses or retail sale, shall be kept covered. Food, whether raw or prepared, if removed from the immediate closed container in which it was originally packaged prior to use or retail sale, shall be stored in a clean, covered container, except during necessary periods of preparation. Whole and unprocessed fresh raw vegetables and fresh raw fruits shall be ex- empted from this requirement. Container covers shall be impervious and nonabsorbent. During periods of storage, subprimal cuts of meat shall be covered with single-service wrapping material. Primal cuts, quarters or sides of meat, or processed meats such as country hams, slab bacon, and smoked or cured sausages, may be hung uncovered on clean, sanitized hooks or placed on clean, sanitized metal racks in such a manner as to preclude contamination of any food products in storage. (2) Containers of food shall be stored a minimum of six inches (152 millimeters [mm]) above the floor or stored on dollies, skids, racks, or open-ended pallets, provided such equipment is easily movable either by hand or with the use of pallet-moving equipment that is on the premises and used. Such storage areas shall be kept clean. Cased food packaged in cans, glass, or other waterproof containers need not be elevated when the case of food is not exposed to floor moisture and the storage area is kept clean. (3) Food and containers of food shall not be stored under exposed or unprotected sewer lines, or water lines that are leaking or on which condensed water has accumulated. (4) Packaged foods shall not be stored in contact with water or undrained ice. (5) A food ingredient, such as flour, sugar, salt, baking powder, cooking oil or vinegar, that is not stored in the original package and is not readily identifiable on sight, shall be stored in a container identifying it by common name. (6) Labels or marking pens shall be available to customers to identify their take-home containers with the common name of the product unless the product is readily identifiable on sight. (7) Toilet rooms and their vestibules, and garbage or mechanical rooms shall not be used for the storage of food. 7-19 Rev. 05/06 (b) Refrigerated/frozen storage. (1) Refrigeration units or effectively insulated units shall be provided in such number and of such capacity to assure the maintenance of potentially hazardous food at required temperatures during storage. Each mechanically refrigerated unit storing potentially hazardous food shall be provided with a numerically scaled indicating ther- mometer, accurate to +3°F (+l°C). The sensing element shall be located to measure the air temperature in the warmest part of the unit. The thermometer scale shall be located to be easily readable. Recording thermometers, accurate to +3°F (+1°C) may be used in lieu of indicating thermometers. (2) Potentially hazardous food, requiring refrigeration after preparation, shall be rapidly cooled to an internal temperature of 45°F (7°C) or below. Potentially hazardous foods of large volume or prepared in large quantities shall be rapidly cooled utilizing such methods as shallow pans, agitation, quick chilling, or water circulation external to the food container so that the cooling period shall not exceed four hours. Potentially hazardous food to be transported shall be pre- chilled and held at a temperature of 45°F (7°C) or below unless maintained in accordance with the hot storage requirements of these rules. (3) Potentially hazardous frozen foods shall be kept frozen and shall be stored at an air temperature of 0°F (-18°C) or below except for defrost cycles and brief periods of loading or unloading. (4) Ice used as a cooling medium for food storage shall not be used or sold for human consumption. (c) Hot storage. (1) Hot food storage units shall be provided in such number and of such capacity to assure the maintenance of potentially hazardous food at the required temperature during storage. Each hot food storage unit storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer, accurate to +3°F (+l°C). The sensing element shall be located to measure the air temperature in the coolest part of the unit. The sensing element shall be located to be easily readable. Recording thermometers accurate to +3°F(+1°C) may be used in lieu of indicating thermometers. Where it is impractical to install thermometers on equipment such as heat lamps, calrod units, or insulated food transport carriers, a food product thermometer shall be available and used to check internal food temperature. (2) The internal temperature of potentially hazardous foods requiring hot storage shall be 140°F(60°C) or above, except during necessary periods of preparation. Potentially hazardous food to be transported shall be held at a temperature of 140°F(60°C) or above unless maintained in accordance with the refrigerated storage requirements of these rules. 4. Food preparation. (a) General. (1) Food shall be prepared with a minimum of manual contact. Food shall be prepared on food-contact surfaces and with utensils which are clean and have been sanitized. 7-20 Rev. 05/06 (2) Each time there is a change in processing between raw beef, raw pork, raw poultry or raw seafood, or a change in processing from raw to ready-to-eat foods, each new operation shall begin with food- contact surfaces and utensils which are clean and have been sanitized. Salads and other ready-to-eat foods should be prepared in separate rooms or in areas that are separated by a barrier or open space from areas used for processing potentially hazardous raw products. (3) Potentially hazardous foods that are in a form to be consumed without further cooking such as salads, sandwiches, and filled pastry products should be prepared from chilled products. (b) Raw fruits and raw vegetables. Raw fruits and raw vegetables that will be cut or combined with other ingredients or will be otherwise processed into food products by the retail food store will be thoroughly cleaned with potable water before being used. (c) Cooking potentially hazardous foods. (1) Potentially hazardous foods being processed within the retail food store by cooking shall be cooked to heat all parts of the food to a temperature of at least 140°F (60°C), except that: (i) Poultry, poultry stuffings, stuffed meats, and stuffings con- taining meat, shall be cooked to heat all parts of the food to at least 165°F (74°C) with no interruption of the cooking process. (ii) Pork and pork products shall be cooked to heat all parts of the food to at least 150°F (66°C), or, if cooked in a microwave oven, to at least 170°F (77°C). (iii) When beef roasts under 10 pounds (5 kilograms [kg]) in weight are cooked in a still dry heat oven, the oven shall be preheated to and held at an air temperature of at least 350°F(177°C) throughout the process. If cooked in a con- vection oven, the oven shall be preheated to and held at an air temperature of a least 325°F (163°C) throughout the process. (2) When beef roasts of 10 pounds (5 kilograms [kg]) or over in weight are cooked in a dry heat oven, the oven shall be preheated to and held at an air temperature of at least 250°F (122°C) throughout the process. (3) Further, in order to meet public health requirements for the processes cited in Subparagraphs (1) through (2) of this paragraph, the following table lists the minimum internal temperature of the beef roasts for the minimum time the roast needs to be held at such temperature. 7-21 Rev. 05/06 Minimum Holding Times for Beef Roasts at Various Internal Temperatures ___________________________________________________________ Minimum Minimum Minimum Minimum internal holding internal holding temperature time temperature time_______ °F °C Minutes °F °C Minutes 130 54.4 121 138 58.9 19 131 55.0 97 139 59.5 15 132 55.6 77 140 60.0 12 133 56.1 62 141 60.6 10 134 56.7 47 142 61.1 8 135 57.2 37 143 61.7 6 136 57.8 32 144 62.2 5 137 58.4 24 ___________________________________________________________ (4) Beef roasts, if cooked in a microwave oven, shall be cooked to an internal temperature of at least 145°F (63°C). (d) Bakery product fillings. (1) Custards, cream fillings, and similar products, including synthetic fillings, shall meet the temperature requirement in Subsection 3(b)(2) of this section following preparation and be maintained at that temperature during storage, transportation, and display. Products with synthetic fillings may be excluded from this requirement if: (i) the food, including the interface between the bakery product and its fillings, has a pH level of 4.5 or below or a water activity (aw) value of 0.85 or less under standard conditions; (ii) it is handled in such a manner as to preclude contamination with and the growth of pathogenic microorganisms after heat processing; or (iii) other scientific evidence is on file with the regulatory authority demonstrating that the specific product will not support the growth of pathogenic microorganisms. (2) Bakery products with synthetic fillings, which meet the criteria in Subparagraph (1) of this paragraph, may be labeled to state that refrigeration is not required. (e) Reheating. Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to an internal temperature of 165°F (74°C) or higher before being placed in hot food storage holding units. Food warmers and other hot food holding units shall not be used for the reheating of potentially hazardous foods. (f) Food product thermometers. Metal stem-type numerically scaled indicating thermometers, accurate to +2°F (+1°C) shall be provided and used to assure attainment and maintenance of proper temperature during preparation of all potentially hazardous foods. (g) Thawing potentially hazardous foods. Potentially hazardous foods shall be thawed: (1) in refrigerated units at a temperature not to exceed 45°F (7°C); 7-22 Rev. 05/06 (2) under potable running water at a temperature of 70°F (21°C) or below, with sufficient water velocity to agitate and float off loose food particles into the overflow and for a period not to exceed that reasonably required to thaw the food; (3) in a microwave oven only when the food will be immediately trans- ferred to conventional cooking units as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or (4) as part of the conventional cooking process. (5) Food display. (a) Potentially hazardous foods. Potentially hazardous foods shall be held at an internal temperature of 45°F (7°C) or below or at an internal temperature of 140°F (60°C) or higher during display, except that rare roast beef which is offered for sale hot shall be held at a temperature of at least 130°F (55°C). (b) Frozen foods. Foods intended for sale in a frozen state shall be displayed at an air temperature of 0°F (-18°C) or below, except for defrost cycles and brief periods of loading or unloading. Frozen foods should be displayed below or behind product food lines according to cabinet manufacturers' specifications. (c) Food display. (1) Food on display, other than whole, unprocessed raw fruits and unprocessed raw vegetables, shall be protected from contamination by being packaged, by display cases, by covered containers for self- service, or by similar protective equipment. All food shall be displayed above the floor in a manner that will protect the food from contamination. Hot or cold food units shall be provided to assure the maintenance of potentially hazardous food at the required tempera- ture during display. Potentially hazardous food shall not be provided for consumer self-service except in salad bar operations intended for individual portion service. (2) Bulk foods shall be dispensed only from product modules which are protected by close fitting, individual covers. If opened by the cus- tomer, the covers shall be self-closing and shall remain closed when not in use. (3) Customers' access to bulk food in product modules shall be limited and controlled to avoid the introduction of contaminants. Means considered suitable include, but are not limited to: (i) providing a product module depth of no more than 18 inches (457 millimeters [mm]), and (ii) either locating product modules with access from the top so that there is at least 30 inches (762 mm) between the access point and the floor; or, if the product module access point is less than 30 inches (762 mm) off the floor, providing access from the side or at an angle provided that when the product module is open, the cover extends across the surface of the product and provides overhead protection. (d) Dispensing utensils. To avoid unnecessary manual contact with the food, suitable dispensing utensils and single-service articles shall be used by employees. Consumers who serve themselves bulk food shall be provided suitable dispensing utensils. Manual contact of bulk foods by the customer during dispensing shall be avoided. Methods considered suitable are: 7-23 Rev. 05/06 (1) mechanical dispensing devices including gravity dispensers, pumps, extruders and augers; (2) manual dispensing utensils including tongs, scoops, ladles and spatulas; and (3) wrapping or sacking. (4) If the dispensing devices and utensils listed in Subparagraphs (1) and (2) of this paragraph do not prevent manual customer contact with certain bulk foods, then these foods must be wrapped or sacked prior to display. (5) Manual dispensing utensils listed in Subparagraph (2) of this para- graph shall be protected against becoming contaminated and serving as vehicles for introducing contamination into bulk food. Means con- sidered suitable include, but are not limited to: (i) using a tether which is constructed of easily cleanable material, is of such length that the utensil cannot contact the floor, and is designed to prevent interference with the re- quirement of close fitting covers, or (ii) storing the utensil in a sleeve or protective housing attached or adjacent to the display unit when not in use, or (iii) utilizing a utensil designed so that the handle cannot contact the product if left in the product module. (iv) Since it is not practical to store ladles and spatulas used in other than dry foods in sleeves or protective housings, they shall be stored in the food with handles extending to the outside of the product modules. Handles shall not prevent lids from being self-closing. (v) Storing the utensil in running potable water. (e) Food sample demonstrations and food promotions. When food sample demonstrations and food promotions are authorized in the retail food store, the person in charge shall ensure that such activities comply with the applicable sanitation provisions of these rules. (6) Food transportation by the retail food store. Food, other than hanging primal cuts, quarters, or sides of meat, and raw fruits and raw vegetables, shall be protected from contamination by use of packaging or covered containers while being transported. All food being transported shall meet the applicable requirements of these rules relating to food protection and food storage. Foods packaged in immediate closed containers do not need to be overwrapped or covered if the immediate closed containers have not been opened, torn, or broken. C. Personnel. (1) Employee health. No employee, while infected with a disease in a communicable form that can be transmitted by foods or who is a carrier of organisms that cause such a disease or while affected with a boil, an infected wound, or an acute respi- ratory infection, shall work in a retail food store 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 persons. (2) Personal cleanliness. Employees engaged in food preparation and warewashing operations shall thoroughly wash their hands and the exposed portions of their arms with soap or detergent and warm water before starting work; after smoking, eating, or 7-24 Rev. 05/06 using the toilet; before and after handling raw meat, or raw poultry, or raw seafood; and as often is necessary during work to keep them clean. Employees shall keep their fingernails trimmed and clean. (3) Clothing. (a) Employees shall wear clean outer clothing. (b) Employees shall use effective hair restraints where necessary to prevent the contamination of food or food-contact surfaces. (4) Employee practices. (a) Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods. (b) Employees shall consume food, beverages, or use tobacco only in desig- nated areas. Such designated areas must be located so that the eating, drinking, or tobacco use of an employee does not result in contamination of food, equipment, or utensils. D. Equipment and utensils. (1) Materials. Multi-use equipment and utensils shall be constructed and repaired with safe materials, including finishing materials; shall be corrosion resistant and shall be nonabsorbent; and shall be smooth, easily cleanable, and durable under conditions of normal use. Single-service articles shall be made from clean, sanitary, safe materials. Equipment, utensils, and single-service articles shall not impart odors, color, taste, nor contribute to the contamination of food. Product modules and utensils shall be constructed of safe materials; and shall be corrosion resistant, nonabsorbent, smooth, easily cleanable and durable under conditions of normal use. (a) Solder. If solder is used, it shall be composed of safe materials and be cor- rosion resistant. (b) Wood. Hard maple or equivalent nonabsorbent wood that meets the general requirements set forth in this subsection may be used for cutting blocks, cutting boards, and bakers' tables. Wood shall not be used as a food-contact surface under other circumstances, except for contact with raw fruits, raw vegetables, and nuts in the shell. (c) Plastics and rubber materials. Safe plastic or safe rubber or safe rubber-like materials that are resistant under normal conditions of use to scratching, scoring, decomposition, crazing, chipping, and distortion, that are of sufficient weight and thickness to permit cleaning and sanitizing by normal warewashing methods, and which meet the general requirements set forth in this subsection are permitted for repeated use. (d) Cutting surfaces. Cutting surfaces subject to scratching and scoring must be resurfaced so as to be easily cleaned, or be discarded when these surfaces can no longer be effectively cleaned and sanitized. (e) Single-service articles. Single-service articles shall not be reused. (f) Single-use articles. Single-use articles shall not be reused. (2) Design and fabrication. (a) General. All equipment and utensils, including plastic-ware, shall be designed and fabricated for durability under conditions of normal use and shall be resistant to denting, buckling, pitting, chipping, and crazing. As a general principle, the specifications for design and fabrication of equipment 7-25 Rev. 05/06 should maintain uniformity with equipment design criteria found in food codes and national equipment standards. (1) Food-contact surfaces shall be easily cleanable, smooth, and free of breaks, open seams, cracks, chips, pits, and similar imperfections, and free of difficult-to-clean internal corners and crevices. Cast iron may be used as a food-contact surface only if the surface is used for cooking. Threads shall be designed to facilitate cleaning; ordinary "V" type threads are prohibited in food-contact surfaces, except that in equipment such as ice makers, hot oil cooking equipment, or hot oil filtering systems, such threads shall be minimized. (2) Equipment containing bearings and gears requiring lubricants not made of safe materials shall be designed and constructed so that the lubricant cannot leak, drip, or be forced into food or onto food-contact surfaces. Equipment designed to receive lubrication of bearings and gears on or within food-contact surfaces shall be lubricated with materials meeting the requirements of 21 CFR 178.3570, Code of Federal Regulations, Title 21, Parts 170 to 199. (3) Sinks and drain boards shall be sloped to drain and be self-draining. (4) Product modules, lids, dispensing units and utensils shall be designed and fabricated to meet the requirements for food-contact surfaces. (b) Accessibility. Unless designed for in-place cleaning, food-contact surfaces shall be accessible for cleaning and inspection: (1) without being disassembled; (2) by disassembling without the use of tools; or (3) by easy disassembling with the use of only simple tools, such as mallets, screwdrivers, or open-end wrenches which are kept near the equipment. (4) Individual product modules shall be designed to be easily removable from the display unit for servicing unless the modules are so designed and fabricated that they can be effectively cleaned (and sanitized when necessary) through a manual in-place cleaning pro- cedure that will not contaminate or otherwise adversely affect bulk food or equipment in the adjoining display area. (c) Cleaned in place (CIP). Equipment designed and constructed for CIP shall meet requirements equivalent to those contained in the Department's Rules on Food Service Sanitation, Section 229.165(b) (3) of this title (relating to Equipment and Utensils). (d) Food product thermometers. Indicating thermometers required for immersion into food or cooking media shall be of metal stem-type construction, numerically scaled, and accurate to +2°F (+1°C). (e) Nonfood contact surfaces. (1) Surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or which otherwise require frequent cleaning, shall be designed and fabricated to be smooth, washable, free of unnecessary ledges, projections, or crevices, and readily accessible for cleaning, and shall be of such material and in such repair as to be easily maintained in a clean and sanitary con- dition. 7-26 Rev. 05/06 (2) Surfaces of product module display units, tethers, and all display equipment not intended for food-contact, but which are exposed to splash, food debris or other soiling, shall be designed and fabricated to be smooth, cleanable, durable under conditions of normal use and free of unnecessary ledges, projections or crevices. (3) Tethers shall be designed to be easily removable from the products module for cleaning. (4) The materials for nonfood-contact surfaces shall be nonabsorbent or made nonabsorbent by being finished and sealed with a cleanable coating. (f) Ventilation hoods. Ventilation hoods and devices, where installed, shall be designed to prevent grease or condensation from collecting on walls and ceilings, and from dripping into food or onto food-contact surfaces. Filters or other grease extracting equipment shall be readily removable for cleaning and replacement, if not designed to be cleaned in place. (g) Maintenance of equipment and utensils. All equipment and utensils shall be maintained in good repair to comply with the requirements of this code. (3) Equipment installation and location. (a) General. Equipment, including ice makers and ice storage equipment, shall not be located under exposed or unprotected sewer lines, water lines that are leaking or on which condensed water has accumulated, open stairwells, or other sources of contamination. (b) Table-mounted equipment. (1) Table-mounted equipment shall be installed to facilitate the cleaning of the equipment and the adjacent areas. (2) Equipment that is mounted on tables or counters, unless portable, shall be sealed to the table or counter or elevated on legs to provide at least a four inch (102 mm) clearance between the table or counter, except that if no part of the table under the equipment is more that 18 inches (457 mm) from cleaning access, the clearance space shall be three inches (76 mm) or more; or if no part of the table under the equipment is more than three inches (76 mm) from cleaning access, the clearance space shall be two inches (51 mm) or more. (3) Equipment is portable within the meaning of subparagraph (2) of this paragraph if: (i) it is small and light enough to be moved easily by one person; (ii) it has no utility connection, has a utility connection that dis- connects quickly, or has a flexible utility connection line of sufficient length to permit the equipment to be moved for easy cleaning; (iii) it is table-mounted, such as powered mixers, grinders, slicers, tenderizers, and similar equipment, which does not exceed 80 pounds (36 kilograms [kg]), or which is equipped with a mechanical means of safely tilting the unit for cleaning. 7-27 Rev. 05/06 (c) Floor-mounted equipment. (1) Floor-mounted equipment, unless easily movable, shall be: (i) sealed to the floor; or (ii) elevated on legs to provide at least a six inch (152 mm) clearance between the floor and equipment, except that equipment may be elevated to provide at least a four inch (102 mm) clearance between the floor and equipment if no part of the floor under the equipment is more than six inches (152 mm) from cleaning access. (iii) Display shelving units, display refrigeration units, and display freezer units are exempt from the provisions of clauses (i) and (ii) of this subparagraph if they are installed so that the floor beneath the units can be cleaned. (2) Equipment is easily movable if: (i) it is mounted on wheels or casters; and (ii) it has no utility connection, has a utility connection that dis- connects quickly, or has a flexible utility line of sufficient length to permit the equipment to be moved for easy cleaning. (3) Unless sufficient space is provided for easy cleaning between, behind, and above each unit of fixed equipment, the space between it and adjoining equipment units and adjacent walls or ceilings shall be not more than 1/32 inch (0.8 mm) and, if exposed to seepage, the space shall be sealed. (d) Aisles and working spaces. Aisles and working spaces between units of equipment and between equipment and walls, shall be unobstructed and of sufficient width to permit employees to perform their duties readily without contamination of food or food-contact surfaces by clothing or personal contact. All easily movable storage equipment such as-dollies, skids, racks, and open-ended pallets shall be positioned to provide accessibility to working areas. E. Cleaning, Sanitization, and Storage of Equipment and Utensils. (1) Equipment and utensil cleaning and sanitization. (a) Cleaning frequency. (1) Utensils and food-contact surfaces of equipment shall be cleaned and sanitized as follows: (i) each time there is a change in processing between raw beef, raw pork, raw poultry or raw seafood, or a change in processing from raw to ready-to-eat foods; (ii) after any interruption of operations during which time con- tamination may have occurred; and (iii) after final use each working day. (2) Tongs, scoops, ladles, spatulas, other appropriate utensils and tethers used by customers shall be cleaned and sanitized at least 7-28 Rev. 05/06 daily or at more frequent intervals based on the type of food and amount of food particle accumulation or soiling. (3) Product modules, lids and other equipment shall be cleaned prior to restocking, when soiled or at intervals on a schedule based on the type of food and amount of food particle accumulation. (4) Where equipment and utensils are used for the preparation of potentially hazardous foods on a continuous or production-line basis, utensils and the food contact surfaces of equipment shall be cleaned and sanitized at intervals throughout the day on a schedule based on food temperature, type of food, and amount of food particle accumulation. (5) The food-contact surfaces of cooking devices and the cavities and door seals of microwave ovens shall be cleaned at least once each day of use, except that this shall not apply to hot oil cooking equipment and hot oil filtering systems. The food-contact surfaces of all baking equipment and pans shall be kept free of encrusted grease deposits and other accumulated soil. (6) Food-contact surfaces shall be cleaned and sanitized immediately if contamination is observed or suspected. (7) Nonfood contact surfaces of equipment, including transport vehicles, shall be cleaned as often as is necessary to keep the equipment free of accumulation of dust, dirt, food particles, and other debris. (b) Wiping cloths. (1) Cloths or sponges used for wiping food spills on food-contact sur- faces of equipment shall be clean and rinsed frequently in one of the sanitizing solutions permitted in paragraph (c)(7) of this subsection and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses. (2) Cloths or sponges used for cleaning nonfood-contact surfaces of equipment shall be clean and rinsed as specified in subparagraph (1) of this paragraph and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses. (3) Single-service disposable towels are permitted in lieu of wiping cloths or sponges if they are discarded after each use. (c) Manual cleaning and sanitizing. (1) Facilities and/or equipment shall be available, either in a servicing area or in place, to provide for proper cleaning and sanitizing of all food contact surfaces including product modules, lids and dispensing utensils. (2) For manual cleaning and sanitizing of equipment and utensils, a sink with two or three compartments shall be provided and used. Sink compartments shall be large enough to accommodate the immersion of most equipment and utensils, and each compartment of the sink shall be supplied with hot and cold potable running water. Where immersion in sinks is impracticable (e.g., because equipment is too large), equipment and utensils shall be cleaned and sanitized manually or by pressure spray methods. (3) Drain boards or easily movable utensil tables of adequate size shall be provided for proper storage and handling of soiled utensils prior to cleaning and for cleaned utensils following sanitizing and shall be lo- 7-29 Rev. 05/06 cated so as not to interfere with proper use of the warewashing facilities. (4) Equipment and utensils shall be preflushed or prescraped and, when necessary, presoaked to remove food particles and soil. (5) The sinks shall be cleaned before use. (6) When a three-compartment sink is utilized for warewashing, the operation shall be conducted in the following sequence: (i) equipment and utensils shall be thoroughly cleaned in the first compartment with a hot detergent solution that is kept clean and at a concentration indicated on the manufacturer's label; (ii) equipment and utensils shall be rinsed free of detergent and abrasives with clean water in the second compartment; and (iii) equipment and utensils shall be sanitized in the third com- partment according to one of the methods included in sub- paragraph 8 of this paragraph. (7) When a two-compartment sink is utilized for warewashing, a three step sanitization sequence must be followed which is acceptable to the regulatory authority. (8) The food-contact surfaces of all equipment and utensils shall be sanitized by one of the following methods: (i) immersion for at least one-half minute in clean, hot water of a temperature of at least 170°F (77°C); (ii) immersion for at least one minute in a clean solution con- taining at least 50 parts per million of available chlorine as a hypochlorite and having a temperature of at least 75°F (24°C); (iii) immersion for at least one minute in a clean solution con- taining at least 12.5 parts per million of available iodine, having a pH range which the manufacturer has demon- strated to be effective and at a temperature of at least 75°F (24°C); (iv) immersion for at least one minute in a clean solution con- taining 200 parts per million of a quaternary ammonium compound and having a temperature of at least 75°F (24°C). The quaternary ammonium compound used shall have been compounded by the manufacturer to assure effectiveness in waters up to 500 parts per million hardness at use concentration; (v) immersion in a clean solution containing any other chemical sanitizing agent allowed under 21 CFR 178.1010, Code of Federal Regulations, Title 21, Parts 170 to 199, that will pro- vide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as a hypochlorite at a temperature of at least 75°F (24°C) for one minute; (vi) treatment with steam free from materials or additives other than those specified in 21 CFR 173.310, Code of Federal 7-30 Rev. 05/06 Regulations, Title 21, Parts 170 to 199, in the case of equipment too large to sanitize by immersion, but in which steam can be confined; or (vii) rinsing, spraying, or swabbing with a chemical sanitizing solution of at least twice the strength required for that par- ticular sanitizing solution under clauses (ii), (iii), and (v) of this subparagraph in the case of equipment too large to sanitize by immersion. (9) When hot water is used for sanitizing, the following equipment shall be provided and used: (i) an integral heating device or fixture installed in, on, or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at least 170°F (77°C); (ii) a numerically scaled indicating thermometer, accurate to +3°F (+1°C) convenient to the sink for frequent checks of water temperature; and (iii) utensil racks or baskets of such size and design to permit complete immersion of utensils and equipment in the hot water. (10) When chemicals are used for sanitization, they shall not have con- centrations higher than the maximum permitted under 21 CFR 178.1010, Code of Federal Regulations, Title 21, Parts 170 to 199, and a test kit or other device that measures the parts per million concentration of the solution shall be provided and used. (d) Mechanical cleaning and sanitizing. (1) Facilities and/or equipment shall be available, either in a servicing area or in place, to provide for proper cleaning and sanitizing of all food contact surfaces including product modules, lids and dispensing utensils. (2) Mechanical cleaning and sanitizing equipment and practices shall conform to the provisions contained in the Department's Rules on Food Service Sanitation, Section 229.166 (a) (4) of this title (relating to Cleaning, Sanitation and Storage of Equipment and Utensils). (e) Drying. Unless used immediately after sanitization, all equipment and uten- sils shall be air dried. Towel drying shall not be permitted. (f) Retail food stores without equipment and utensil cleaning facilities. Retail food stores that do not have facilities for proper cleaning and sanitizing of utensils and equipment shall not prepare or package food or dispense potentially hazardous food or unpackaged food other than raw fruits and raw vegetables. (2) Equipment and utensil handling and storage. (a) Handling. Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from contamination. (b) Storage. (1) Cleaned and sanitized utensils and equipment shall be stored at least six inches (152 mm) above the floor in a clean, dry location in a way that protects them from splash, dust, and other means of contami- 7-31 Rev. 05/06 nation. The food-contact surfaces of fixed equipment shall also be protected from contamination. Equipment and utensils shall not be placed under exposed or unprotected sewer lines, or water lines that are leaking or on which condensed water has accumulated. (2) Utensils shall be air dried before being stored or shall be stored in a self-draining position. (3) Stored utensils shall be covered or inverted wherever practical. (c) Single-service articles. (1) Single-service articles shall be stored in closed cartons or containers at least six inches (152 mm) above the floor or on easily movable dollies, skids, racks, or open-ended pallets. Such storage shall protect the articles from contamination and shall not be located under exposed or unprotected sewer lines, or water lines that are leaking or on which condensed water has accumulated. (2) Single-service articles shall be handled in a manner that prevents contamination of surfaces that may come in contact with food. (3) Take-home containers (bags, cups, lids, etc.) provided in the display area for customer use shall be stored and dispensed in a sanitary manner. (d) Prohibited storage areas. Food equipment, utensils, or single-service articles shall not be stored in locker rooms, toilet rooms or their vestibules, garbage rooms, or mechanical rooms. F. Sanitary Facilities and Controls. (1) Water supply. (a) General. Sufficient potable water for the needs of the retail food store shall be provided from a source constructed, maintained, and operated according to law. (b) Water delivery. All potable water not provided to the retail food store directly from the source by pipe shall be delivered in a bulk water transport system and shall be transferred to a closed water system. Both of these systems shall be constructed, maintained, and operated according to law. (c) Water under pressure. Water under pressure at the required temperatures shall be provided to all fixtures and equipment that use water. (d) Steam. Steam used in contact with food or food-contact surfaces shall be free from any materials or additives other than those specified in 21 CFR 173.310, Code of Federal Regulations, Title 21, Parts 170 to 199. (2) Sewage - General. All sewage, including liquid waste, shall be disposed of by a public sewage system or by a sewage disposal system constructed, maintained, and operated according to law. Nonwater carried sewage disposal facilities are prohib- ited, except as permitted by the regulatory authority. (3) Plumbing. (a) General. Plumbing shall be sized, installed, and maintained according to law. There shall be no cross connection between the potable water supply and any other system containing: (1) water of unknown or questionable origin, or 7-32 Rev. 05/06 (2) contaminating or polluting substances. (b) Nonpotable water system. A nonpotable water system is permitted for air conditioning, equipment cooling, and fire protection, and shall be installed according to law. Nonpotable water shall not directly or indirectly contact food or equipment or utensils that contact food. The piping of any nonpotable water system shall be durably identified so that it is readily distinguishable from piping that carries potable water. (c) Backflow. The potable water system shall be installed to preclude the pos- sibility of backflow. Devices shall be installed to protect against backflow and backsiphonage at all fixtures and equipment where an air gap at least twice the diameter of the water system inlet is not provided between the water supply inlet and the fixture's flood level rim. No hose shall be attached to a faucet that is not equipped with a backflow prevention device. (d) Grease traps. Grease traps, if used, shall be located to be easily accessible for cleaning. (e) Garbage grinders. Garbage grinders, if used, shall be installed and main- tained according to law. (f) Drains. Except for properly trapped open sinks, there shall be no direct connection between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed. When a warewashing machine is located within five feet (152 centimeters [cm]) of a trapped floor drain, the warewasher waste outlet may be connected directly on the inlet side of a properly vented floor drain trap if permitted by law. (4) Toilet facilities. (a) Toilet installation. Toilet facilities shall be installed according to law, shall be at least one and not less than the number required by law, shall be con- veniently located, and shall be accessible to employees at all times. (b) Toilet design. Toilets and urinals shall be designed to be easily cleanable. (c) Toilet rooms. Toilet rooms shall be completely enclosed and shall have tight- fitting, self-closing solid doors, except for screened louvers that may be necessary for ventilation systems. (d) Toilet facility maintenance. Toilet facilities, including toilet fixtures and any related vestibules, shall be kept clean and in good repair. A supply of toilet tissue shall be provided at each toilet at all times. Easily cleanable recep- tacles shall be provided for waste materials. Toilet rooms used by women shall have at least one covered waste receptacle. (5) Handwashing facilities. (a) Handwashing facility installation. Handwashing facilities shall be installed according to law, shall be at least one and not less than the number required by law, and shall be conveniently located to permit use by all employees in food preparation and warewashing areas. Handwashing facilities shall be accessible to employees at all times. Handwashing facilities shall also be located in or immediately adjacent to toilet rooms or their vestibules. Sinks used for food preparation or for warewashing shall not be used for washing of hands or for any other purpose. (b) Handwashing facility faucets. Each handwashing facility shall be provided with hot and cold water tempered by means of a mixing valve or combination faucet. Any self-closing, or metering faucet used shall be designed to provide 7-33 Rev. 05/06 a flow of water for at least 15 seconds without the need to reactivate the faucet. Steam mixing valves are prohibited at handwashing facilities. (c) Handwashing supplies. A supply of hand-cleansing soap or detergent shall be available at each handwashing facility. A supply of sanitary towels or a hand-drying device providing heated air shall be conveniently located near each handwashing facility. Common towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the handwashing facilities. (d) Handwashing facility maintenance. Handwashing facilities, soap or detergent dispensers, hand-drying devices, and all related facilities shall be kept clean and in good repair. (e) Handwashing available at bulk food display area. When handwashing facil- ities are not available at the bulk food display area, customers, upon request, are permitted access to handwashing facilities located in employee restroom(s), provided that access to employee restroom(s) does not allow customers into unauthorized areas such as the meat market, bakery, and delicatessen. Accessibility may be required by State or local authority. (f) Waste receptacle(s). When sanitary paper towels or disposable towelettes are provided, easily cleanable waste receptacle(s) shall be conveniently provided in the display area. (6) Garbage and refuse. (a) Containers. (1) Garbage and refuse shall be held in durable, easily cleanable, insect- resistant, and rodent-resistant containers that do not leak and do not absorb liquids. Plastic bags and wet strength paper bags may be used to line these containers. Such bags and durable plastic garbage and refuse containers may be used for storage inside the retail food store. (2) Containers used in food preparation and utensil washing areas shall be kept covered during nonworking hours and after they are filled. (3) Containers stored outside the establishment, including dumpsters, compactors, and compactor systems, shall be easily cleanable, shall be provided with tight-fitting lids, doors, or covers, and shall be kept covered when not in actual use. In containers designed with drains, drain plugs shall be in place at all times, except during cleaning. (4) There shall be a sufficient number of containers to hold all the garbage and refuse that accumulates. (5) Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction. Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food equip- ment, utensils, or food preparation areas. Suitable facilities, detergent, and hot water or steam, shall be provided and used for cleaning containers. Liquid waste from compacting or cleaning operations shall be disposed of as sewage. (b) Storage. (1) Garbage and refuse on the premises shall be stored in a manner to make them inaccessible to insects and rodents. Outside storage of nonrodent-resistant plastic containers, unprotected plastic bags, wet strength paper bags, or baled units which contain garbage or refuse 7-34 Rev. 05/06 is prohibited. Cardboard or other packaging material not containing garbage or food wastes need not be stored in covered containers. (2) Garbage or refuse storage rooms, if used, shall be constructed of easily cleanable, nonabsorbent, washable materials, shall be kept clean, shall be insect and rodent resistant, and shall be large enough to store all the garbage and refuse containers necessitated by disposal pick-up frequency. (3) Outside storage areas or enclosures, if used, shall be kept clean and shall be large enough to store all the garbage and refuse containers necessitated by disposal pick-up frequency. Garbage and refuse containers, dumpsters, and compactor systems located outside, shall be stored on or above a smooth surface of nonabsorbent material, such as concrete or machine-laid asphalt, that is kept clean and maintained in good repair. (c) Disposal. (1) Garbage and refuse shall be disposed of often enough to prevent the development of objectionable odors and the attraction of insects and rodents. (2) Where garbage or refuse is burned on the premises, it shall be done by controlled incineration in accordance with law. Areas around incineration units shall be kept clean and orderly. (7) Insect and rodent control. (a) General. Effective measures shall be utilized to minimize the entry, pres- ence, and propagation of rodents, flies, cockroaches, or other insects. The premises shall be maintained in a condition that prevents the harborage or feeding of insects or (b) Openings. Openings to the outside shall be effectively protected against the entry of rodents. Outside openings shall be protected against the entry of insects by tight-fitting, self-closing doors; closed windows; screening; controlled air currents; or other means. Screen doors shall be self-closing, and screens for windows, skylights, transoms, intake and exhaust air ducts, and other openings to the outside shall be tight-fitting and free of breaks. Screening material shall be not less than 16 mesh to the inch. G. Construction and Maintenance of Physical Facilities. (1) Floors. (a) Floor construction. (1) Except as specified in paragraph (2) of this subsection, floors and floor coverings of all food preparation, food storage, and ware- washing areas, and the floors of all walk-in refrigerators, dressing rooms, locker rooms, toilet rooms and vestibules, shall be con- structed of smooth durable material such as sealed concrete, ter- razzo, quarry tile, ceramic tile, durable grades of vinyl asbestos or plastic tile, or tight-fitting wood impregnated with plastic, and shall be maintained in good repair. Nothing in this section shall prohibit the use of anti-slip floor covering in areas where necessary for safety reasons. (2) Floors which are water flushed or which receive discharges of water or other fluid wastes or are in areas where pressure spray methods for cleaning are used, shall be provided with properly installed 7-35 Rev. 05/06 trapped drains. Such floors shall be constructed only of sealed concrete, terrazzo, quarry tile, ceramic tile, or similar materials and shall be graded to drain. (3) In all establishments utilizing concrete, terrazzo, quarry tile, ceramic tile, or similar flooring materials or where water flush cleaning methods are used, the junctures between walls and floors shall be coved and sealed. In all other cases, the juncture between walls and floors shall be covered so as not to present an open seam of more than 1/32 inch (0.8 mm). (b) Floor carpeting. Carpeting, if used as a floor covering, shall be of closely woven construction, properly installed, easily cleanable, and maintained in good repair. Carpeting shall not be used in food preparation and ware- washing areas, in food storage areas, or in toilet room areas where urinals or fixtures are located. (c) Prohibited floor covering. Sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials shall not be used as floor coverings; however, these materials may be used in amounts necessary for immediate spot clean-up of spills or drippage on floors. (d) Mats and duckboards. Mats and duckboards shall be of nonabsorbent, grease resistant materials, and of such size, design, and construction to facilitate cleaning and shall be maintained in good repair. (e) Utility line installation. Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the floor. Utility service lines and pipes installed through the floor shall be effectively sealed so as not to present an open space. In all new or extensively re- modeled establishments, installation of exposed horizontal utility service lines and pipes on the floor is prohibited. (2) Walls and ceilings. (a) Maintenance. Walls and ceilings, including doors, windows, skylights, and similar closures, shall be maintained in good repair. (b) Construction. The walls, wail coverings, and ceilings of walk-in refrigeration units, food preparation areas, warewashing areas, and toilet rooms and their vestibules shall he smooth, nonabsorbent, and easily cleanable. Concrete or pumice blocks and bricks used for interior wall construction in these locations shall be finished and sealed to provide a smooth easily cleanable surface. (c) Exposed construction. Studs, joists, and rafters shall not be exposed in those areas listed in paragraph (b) of this subsection. If exposed in other rooms or areas, they shall be finished to provide a cleanable surface. (d) Utility line installation. Utility service lines and pipes shall not be unneces- sarily exposed on walls or ceilings in those areas listed in paragraph (b) of this subsection. Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the walls and ceilings. Utility service lines and pipes installed through walls and ceilings shall be effectively sealed so as not to present an open space. (e) Attachments. Light fixtures, vent covers, wall-mounted fans, decorative materials, and similar attachments to walls and ceilings shall be easily cleanable and shall be maintained in good repair. (f) Covering material installation. Wall and ceiling covering materials shall be attached and sealed in a manner to be easily cleanable. 7-36 Rev. 05/06 (3) Cleaning physical facilities. (a) General. Cleaning of floors, walls, and ceilings shall be done as often as necessary, but preferably during periods when the least amount of food is exposed, such as after closing. Only dustless methods of cleaning floors, walls, and ceilings shall be used, such as vacuum cleaning, wet cleaning, treated dust mops, or the use of dust-arresting sweeping compounds with brooms. Floors, mats, duckboards, walls, ceilings, and attachments (e.g., light fixtures, vent covers, wall-mounted fans, and similar equipment), and decorative materials (e.g., signs and advertising materials) shall be kept clean, (b) Service sinks. At least one service sink or curbed cleaning facility with a floor drain shall be provided and used for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water or similar liquid wastes. Handwashing or warewashing facilities, or food preparation sinks shall not be used for this purpose. (4) Lighting. (a) General. (1) Permanently fixed artificial light sources shall be installed to provide at least 50 foot candles of light on all food preparation surfaces and at warewashing work levels. (2) Permanently fixed artificial light sources shall be installed to provide, at a distance of 30 inches (762 mm) from the floor: (i) at least 30 foot candles of light in sales areas, utensil and equipment storage areas, and in handwashing and toilet areas; and (ii) at least 20 foot candles of light in walk-in refrigeration units, dry food storage areas, and in all other areas. (b) Protective shielding. (1) Lamps located over or within food storage, food preparation, and food display facilities, and facilities where utensils and equipment are cleaned and stored shall be shielded, coated or otherwise shatter resistant. (2) Infrared or other heat lamps shall be protected against breakage by a shield surrounding and extending beyond the bulb, leaving only the face of the bulb exposed. (5) Ventilation. (a) General. All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes. Ventilation systems shall be installed and operated according to law and, when vented to the outside, shall not create a harmful or unlawful dis- charge. Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt, and other contaminating materials. (6) Dressing rooms and locker rooms. (a) Dressing rooms and areas. If employees routinely change clothes within the establishment, rooms or areas shall be designated and used for that purpose. 7-37 Rev. 05/06 These designated rooms or areas shall not be used for food preparation, food storage, food display, warewashing, or storage of utensils and equipment. (b) Locker areas. Lockers or other suitable facilities shall be provided and used for the orderly storage of employee clothing and other belongings. Lockers or other suitable facilities may only be located in the designated dressing rooms or areas, or, in food storage rooms or areas containing only completely packaged food or packaged single-service articles. (7) Poisonous or toxic materials. (a) Materials permitted. Only those poisonous or toxic materials necessary and intended for the maintenance of the establishment, including the cleaning and sanitization of equipment and utensils, and the control of insects and rodents, shall be present in retail food stores, except those items being stored or displayed for retail sale as described in paragraph (f) of this subsection. (b) Labeling of materials. Containers of poisonous or toxic materials necessary for operational maintenance of the establishment shall be prominently and distinctly labeled in accordance with law. Small working containers of bulk cleaning agents shall be individually labeled for easy identification of con- tents. (c) Storage of materials. Poisonous or toxic materials necessary for the main- tenance of the establishment consist of the following two categories: (1) Insecticides and rodenticides; (2) Detergents, sanitizers, related cleaning or drying agents, and caus- tics, acids, polishes, and other chemicals. (3) Materials in subparagraphs (1) and (2) of this paragraph shall be stored and located to be physically separated from each other; shall be stored in cabinets or in similar physically separated compartments or facilities used for no other purpose; and, to preclude potential contamination shall not be stored above or intermingled with food, food equipment, utensils, or single-service articles, except that this latter requirement does not prohibit the convenient availability of detergent sanitizers, or sanitizers at warewashing facilities. (d) Use of materials. (1) Sanitizers, cleaning compounds, or other compounds intended for use on food-contact surfaces shall not be used in a way that leaves a toxic residue on such surfaces, nor in a way that constitutes a hazard to employees or other persons. (2) Poisonous or toxic materials shall not be used in a way that con- taminates food, equipment, or utensils, nor in a way other than in full compliance with the manufacturer's labeling. (e) Storage and display of materials for retail sale. Poisonous or toxic materials stored or displayed for retail sale shall be separated from food and single- service articles by spacing, partitioning, or dividers. These materials shall not be stored or displayed above food or single-service articles. (f) First-aid supplies and personal medications. Retail food store employee first- aid supplies and personal medications shall be stored in a way that prevents them from contaminating food and food-contact surfaces. 7-38 Rev. 05/06 (8) Premises. (a) General. (1) Retail food stores and all parts of the property used in connection with operations of the establishment shall be reasonably free of litter and articles not essential to the operation or maintenance of the establishment. (2) The walking and driving surfaces of all exterior areas of retail food stores shall be surfaced with concrete, asphalt, or with gravel or similar material effectively treated to facilitate maintenance and minimize dust. These surfaces shall be graded to facilitate drainage. (b) Living areas. No operation of a retail food store shall be conducted in any room used as living or sleeping quarters. Retail food store operations shall be separated from any living or sleeping quarters by complete partitioning and solid, self-closing doors. (c) Laundry facilities. (1) If provided, laundry facilities in a retail food store shall be restricted to the washing and drying of linens and work clothes used in the operation. If such items are laundered on the premises, an electric or gas dryer shall be provided and used. (2) Separate rooms shall be provided for laundry facilities, except that such operations may be conducted in storage rooms containing only packaged foods or packaged single-service articles. (d) Linens and work clothes storage. (1) Clean work clothes and linens, including articles such as wiping cloths, shall be stored in a clean place and protected from con- tamination until used. (2) Soiled work clothes and linens, including articles such as wiping cloths, shall be kept in nonabsorbent containers or washable laundry bags until removed for laundering and shall be stored to prevent con- tamination of food, food equipment and utensils. (e) Cleaning equipment storage. Maintenance and cleaning tools such as brooms, mops, vacuum cleaners, and similar equipment shall be maintained in good repair and stored in a way that does not contaminate food, utensils, equipment, or linens and shall be stored in an orderly manner to facilitate the cleaning of that storage location. (f) Animals. (1) Live animals shall be excluded from within the retail food store operational areas and from immediately adjacent areas inside the store under the control of the permit holder. This exclusion does not apply to edible fish, crustaceans, shellfish, or fish in an aquarium. (i) Live or dead fish bait shall be stored separately from food or food products. (ii) Patrol dogs accompanying security or police officers shall be permitted in offices, storage areas, and outside store premises. Sentry dogs may be permitted to run loose in outside fenced areas for security reasons. Guide dogs 7-39 Rev. 05/06 accompanying blind persons shall be permitted in sales areas. (2) While on duty, persons employed in the food preparation areas of an establishment shall not care or handle any pets, or patrol/sentry dogs. (Ordinance No. 1810 of May 25, 1989) H. Enactment Provisions. (1) Exceptions. (a) Building facilities and equipment. Building facilities and equipment in use before the effective date of these rules and which do not meet fully all of the design and fabrication requirements of these rules shall be acceptable if they are in good repair, capable of being maintained in a sanitary condition, and the food-contact surfaces (if any) are in compliance with this section of the Code. (b) New building facilities and new equipment. New building facilities and new equipment for which contractual obligations are incurred before the effective date of these rules, and which do not fully meet all the design and fabrication requirements of these rules shall be acceptable if they are capable of being maintained in a sanitary condition and the food-contact surfaces (if any) are in compliance with the definition of safe materials in SECTION A.2. of this title (relating to General Provisions). (2) Separability. If any provision or application of any provision of these rules is held invalid, that invalidity shall not affect other provisions or applications of these rules. (Ordinance No. 2423 of January 13, 2000) 7-40 Rev. 05/06 SECTION 9: TOBACCO PRODUCTS AND SMOKING Definitions A. Public Meeting (1) means a meeting required to be open to the public under T.G. EX OVT C, Chapter 551. ODE Public Place (2) means an enclosed, indoor area to which the public has access and includes, but is not limited to the following: (a) the common areas of a retail store, office, grocery store, or other commercial establishments; (b) a restaurant or cafeteria; (c) a public or private or secondary school; (d) a public or private institution of higher education; (e) a hospital or nursing home; (f) an elevator; (g) City and school buses; (h) City building, owned or leased by the City and used for City purposes; (i) an enclosed theater, auditorium, movie house, or arena; (j) a courtroom or a jury waiting or deliberation room; or (k) bar or bar area (Ordinance No. 3160 of January 22, 2009, Ordinance No. 3212 of November 9, 2009 amended) Smokesmoking (3) or includes: (a) carrying or holding a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or device; (b) lighting a pipe, cigar, or cigarette of any kind or any other smoking equipment or device; or (c) emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any other smoking equipment or device. Bar. (4)A bar is an establishment that is dedicated predominately to the serving of alcohol rather than food. Bar area ( (5). A bar area is an area physically separated from a food serving area dedicated predominately to the serving of alcohol rather than food. Tobacco specialty shop (6)means any establishment that is dedicated to the sale or rental of tobacco, tobacco-related products and accessories for consumption or use on or off the premises and more than 60% of the revenues must come from the sale or rental of tobacco and tobacco-related products. 7-41 Rev. 05/06 Workplace (7) means an enclosed area in which employees work or have access during the course of their employment. Hookah bar (8) means a bar in which the on-site sales or rentals of hookah tobacco products and smoking accessories for consumption or use on the premises exceeds 30% of gross revenues. (Ordinance No. 3160 of January 22, 2009, Ordinance No. 3212 of November 9, 2009 amended) Smoking-related medical or scientific research (9) means an enclosed indoor workplace, to the extent that tobacco smoking is an integral part of a medical or scientific research study that has been sanctioned by an accredited university or medical institution. (Ordinance No. 2010-3285 of September 23, 2010) B. Offense; Penalty. (1) A person commits an offense if the person smokes at a public meeting, in a public signs are conspicuously posted by the person in charge, and the person is not in an area designated as a smoking area under Subsection C below. (2) It is an exception to the application of provision (1) of this subsection that the person is smoking: (Ordinance No. 2490 of January 30, 2001,Ordinance No. 2503 of July 31, 2001, Ordinance No. 3160 of January 22,  2009, Ordinance No. 3212 of November 9, 2009 amended) (a) as an actor or actress in a theatrical performance; or (b) a tobacco specialty shop; or (c) at a hookah bar; or (d) as required of a participant in a smoking-related medical or scientific research study. (Ordinance No. 2010-3285 of September 23, 2010) Smoking shall be allowed and smoking signs are not required to be posted by the person in charge under Subsection C when smoking is permitted by Subsection B(2)a and B(2)b and B(2)c and B(2)d. Smoking is not allowed at any public meeting, in any public place, or in a workplace unless specifically permitted by Subsection B(2)a and B(2)b and B(2)c and B(2)d. (Ordinance No. 3160 of January 22, 2009, Ordinance No. 3212 of November 9, 2009 amended, Ordinance No. 2010- 3285 of September 23, 2010) C. Designation of No Smoking and Smoking Areas (1) -smoking (a) food order areas, cashier areas, check-out lines for stores; (b) City library; (c) elevators; (d) City and school buses, including associated terminals; (e) restrooms; 7-42 Rev. 05/06 (f) movie theaters, hospitals, and rest home facilities; (g) all other public places including restaurants, cafeterias, bars, bar areas; and (h) workplaces. (i) within a ten feet () radius of bars and bar areas entry ways; (j) within a twenty feet (20') radius of the entry ways of all other public places or workplaces. (Ordinance No. 3160 of January 22, 2009, Ordinance No. 3212 of November 9, 2009 amended) (1) Smoking areas shall not be designated to cover areas in provisions (l)(a) through (1)Cj) of this subsection. It is not required that any smoking areas be designated. Signs D. (1) The person in charge of a public place or workplace shall place signs visible at each entrance of the building to notify persons entering that smoking is prohibited or that smoking is prohibited except in areas designated as smoking areas. (2) The person in charge shall conspicuously post signs in areas designated as a smoking area that smoking is permitted in the area. Facilities to Extinguish Smoking Material E. All public places shall be equipped for extinguishments of smoking materials. Facilities for extinguishments of smoking materials that are located in areas of public places other than designated smoking areas shall be accompanied by clearly visible signs, stating "no smoking". OwnerIOperator Responsible F. A person commits an offense if he is the owner, operator, manager or an employee of an establishment and he intentionally permits or fails to make a reasonable effort to prevent smoking in a "no smoking" area. (Ordinance No. 2490 of January 30, 2001, Ordinance No. 3160 of January 22, 2009, Ordinance No. 3212 of November 9, 2009 amended) SECTION 10: RELEASE, DISCHARGE, OR DEPOSIT OFHAZARDOUS SUBSTANCES A. Definitions. For purposes of this section, the following definitions shall apply: (a) "Hazardous substance" shall be defined as any substance that, because of its quan- tity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to health, safety or to the environment when used, transported, released or improperly stored. (b) "Hazardous waste" shall be defined as a solid waste that may cause or significantly contribute to serious illness or death, or that may pose a substantial threat to human health or the environment if not managed properly, and which includes liquids, semisolids, and compressed gases. B. Nuisance. It shall be unlawful for any person or entity to release, discharge or deposit any hazardous substance or waste upon or into any facility or property, including airspace, within the City limits or within 5,000 feet outside the City limits. A violation of this section shall constitute a public nuisance which endangers the safety, health, and welfare of residents of the City of College Station. 7-43 Rev. 05/06 C. Abatement (a) The Fire Chief is authorized to abate and remove the effects of any hazardous sub- stance or waste unlawfully released, discharged or deposited upon or into any property or facilities within the City limits or within 5,000 feet outside the City limits. (b) In the event that any person undertakes, either voluntarily or upon order of the Fire Chief or other City official, to abate or remove the effects of any hazardous substance or waste unlawfully released, discarded or deposited upon or into any property or facilities within the City, the Fire Chief may take such action as is necessary to supervise or verify the adequacy of the abatement or removal. D. Recovery of Costs (a) The following described persons or entities shall be jointly and severally liable to the City for the payment of all costs incurred by the City as a result of such cleanup or abatement activity: (1) The persons or entities whose negligent or willful act or omission proximately caused such release, discharge or deposit; (2) The persons or entities who owned or had custody or control of the haz- ardous substance or waste at the time or such release, discharge or deposit, without regard to fault or proximate cause; and (3) The persons or entities who owned or had custody or control of the container which held such hazardous waste or substance at the time or immediately prior to such release, discharge or deposit, without regard to fault or proximate cause. (b) Recoverable costs incurred by the City shall include, but not be limited to, the following: actual labor costs of 'all utilized' City personnel, including benefits and administrative overhead, cost of equipment operation, cost of any contract labor and materials, and costs of actual fire suppression services provided by the Fire Department, in addition to any other services provided by the Fire Department pro- vided in abating or removing the nuisance pursuant to Section 3. If legal assistance is required in order to enforce this ordinance, recoverable costs shall also include any attorney's fees and court costs incurred in the enforcement of this ordinance. (b) The remedies provided by this section shall be in addition to any other remedies provided by law. (c) (Ordinance No. 1820 of September 14, 1989, and codified by Minute Order of the City Council dated August 26, 1993.) SECTION 11: HOST RESPONSIBILITIES OF PARTIES IN RESIDENTIAL AREAS DEFINITIONS A. For purposes of this section the following definition of terms shall be used: (1) Host means the owner of the property as listed with the Brazos County Appraisal District and/or those persons listed on the lease for a Residence. (2) Party means a planned or unplanned gathering of two or more people at a Residence. 7-44 Rev. 05/06 (3) Residence shall mean a dwelling unit in an apartment, townhouse, duplex or other multi-family residential structure, or a single-family residence in a Residential Area. Residence includes the entire premises of a residence, including the residence building, garage, carport, driveway and yard, and adjacent common areas, parking areas, sidewalks and streets. (4) Residential area means an area that is within a residential zoning district. (5) Unlawful level of noise means any sound that because of its volume, level, duration or character annoys, disturbs, injures or endangers the comfort health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the City. B. RESPONSIBILITIES OF HOSTS (1) It shall be a violation of this section for a Host to allow or permit the following at a Party: a. Violations of the parking regulations as set forth in Chapter 10 of the City of b. An Unreasonable Level of Noise, or c. Litter that is not properly disposed of by 10 a.m. of the day following the day the Party started. (2) It is not a defense to prosecution that a security officer or officers who were hired for a (3) It is prima facie evidence that the Host violated this section if a police or code enforcement officer issues the host a written warning or citatio HParty for violation of any of Part B (1) a through c of this section. C. ENFORCEMENTS OF OTHER LAWS disorderly conduct, littering, parking and alcohol-related offenses against persons who violate those laws. (Ordinance No. 3152 of December 16, 2008) SECTION 12. ILLEGAL SMOKING PRODUCTS AND ILLEGAL SMOKING PARAPHERNALIA  A. DEFINITIONS  (1) shall mean any equipment, product, object, or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including: a. metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; b. a water pipe; c. a carburetion tube or device; d. a smoking or carburetion mask; e. a chamber pipe; f. a carburetor pipe; g. an electric pipe; h. an air-driven pipe; 7-45 Rev. 05/06 i. a chillum; j. a bong; or k. an ice pipe or chiller. (2) shall mean any plant or other substance, whether described as tobacco, herbs, incense, spice, or any blend thereof, under any of the Marketed Names of Illegal Smoking Products, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following substances or chemicals: a. Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts or similar structural analogs; b. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP47,497) and homologues or similar structural analogs; c. (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- tetrahydrobenzo[c]chromen-1-ol (also known as HU-211 or Dexanabinol) or similar structural analogs; d. 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018) or similar structural analogs; e. 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073) or similar structural analogs; f. 1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081) or similar structural analogs. (3) Illegal SmokingProducts containing some or all of the above substances currently marketed under the following commercial names: a. K 2, K 2 Summit, K 2 Sex, Genie, Dascents, Zohai, Sage, Spice, KO Knock and Salvia Divinorum. (4) shall mean an individual, corporation, partnership, wholesaler, retailer, or any licensed or unlicensed business. B. OFFENSE (1) It shall be unlawful for any person to use, possess, purchase, barter, give, deliver, publicly display, sell, or offer for sale any Illegal Smoking Product. (2) It shall be unlawful for any person to use or possess any Illegal Smoking Paraphernalia with the intent to inject, ingest, inhale, or otherwise introduce into the human body an Illegal Smoking Product. (3) Any product containing any of the chemical compounds set forth above shall be subjectto the provisions of this Ordinance, regardless of whether the product is marketed undernames other than those listed above. C. AFFIRMATIVE DEFENSES 7-46 Rev. 05/06 (1) It shall be an affirmative defense for a person charged with an offense for possession or use of an Illegal Smoking Product that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. (2) It shall be an affirmative defense that the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose. (3) In the possession of or being used by a governmental entity for a health purpose, research and education, or a similar program. (Ordinance No. 2010-3275 of August 26, 2010) 7-47 Rev. 05/06