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16-61   REGULATION OF LETTER GRADING OF FOOD ESTABLISHMENTS AND FOOD TRUCKS.
16-61.1   Purpose.
   This Section is applicable to the Boston Inspectional Services Department letter grading system of health inspections of food establishments and food trucks within the city.
(CBC 1985 16-61.1; Ord. 2016 c. 14 § 1)
16-61.2   Definition.
   For the purpose of this Section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   LETTER GRADE. An Inspectional Services Department Health Division issued designation to display a letter grade corresponding to a food establishments’ and/or food trucks’ health inspection.
(CBC 1985 16-61.2; Ord. 2016 c. 14 § 1)
16-61.3   Requirements.
   (A)   A person operating a food establishment or food truck and subject to food code health inspections pursuant to the F.D.A. 2013 Food Code 8-1 through 8-5 and as adopted by reference in 105 CMR 590 must post its Inspectional Services Department issued letter grade immediately after receipt, unobstructed, at eye-level, facing outward on an exterior-facing wall or window within 5 feet of the main entrance in the interior of the restaurant.
   (B)   During the first year of implementation and passage of this Section, the health inspection grade will be optional to be posted in the food establishment or food truck. The letter grade shall be available on the city’s Mayor’s Food Court website.
(CBC 1985 16-61.3; Ord. 2016 c. 14 § 1)
16-61.4   Enforcement and Penalty.
   A person or entity operating a food establishment or food truck that fails to post the letter grade designation or alters the designation shall be punished by a fine of $300 for each offense. Each day shall constitute a new offense.
(CBC 1985 16-61.4; Ord. 2016 c. 14 § 1)
16-61.5   Appeal.
   A person aggrieved by the requirements of this Section may seek an administrative appeal to the Inspectional Services Department. Any person aggrieved by a final decision under this Section by the Inspectional Services Department, may seek relief in any court of competent jurisdiction as provided by the laws of the commonwealth.
(CBC 1985 16-61.5; Ord. 2016 c. 14 § 1)
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