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(A) Definitions. For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COTTAGE FOOD OPERATION. A person who produces cottage food products only in the home kitchen of that person’s primary domestic residence.
COTTAGE FOODS. Non-time/temperature control for safety baked goods, jams, jellies and other non-time/temperature control for safety foods produced in cottage food operations. Retail residential kitchens may not prepare finished products that require hot or cold holding for safety, including meat or fish that is raw or heat-treated, certain cut produce including melons, leafy greens and tomatoes.
RETAIL RESIDENTIAL KITCHENS. Any cottage food operation that sells directly to the consumer, with respect to Zoning Code Article 2A which states that merchandise cannot be sold from the home in person.
(B) Permits.
(1) A retail residential kitchen permit shall be required for any resident who wishes to prepare cottage foods and other foods deemed to be admissible by Inspectional Services Department (“ISD”), such as juices or teas. Residents must apply for the permit through ISD.
(2) The annual fee for a Retail Residential Kitchen permit shall be $100.
(3) Applicants shall obtain all necessary permits and regulatory approvals that may be required to safely operate a retail residential kitchen.
(C) Training and information.
(1) ISD will ensure that residential kitchen permittees and anyone working in the kitchen is certified through a nationally accredited food safety certification exam organization recognized in the commonwealth and meets Massachusetts Food Allergens Awareness Training certification requirements.
(2) ISD shall ensure all retail residential kitchen permittees receive training and any other necessary safety information regarding labor laws, fire safety and other related information as necessary.
(3) The permittee shall sign and return all required certificates, trainings and informational packets as required by ISD.
(D) Health Code Standards for permitted residential kitchens. All retail residential kitchen operations shall comply with commonwealth’s Sanitary Code 105 CMR 590. A physical copy of these guidelines shall be given to every permittee.
(E) Compliance and enforcement.
(1) Inspection. Retail residential kitchens shall receive annual inspections through the Health Division of the Inspectional Services Department (“ISD”), and shall comply fully with their rules and regulations. Retail residential kitchen may also be subject to random compliance inspections.
(2) Requirement to include permit number on advertisements. The permit number issued by the Department shall be included on all advertisements promoting the Cottage Food Operation.
(3) Signage. No exterior signage shall be allowed unless such signage is permitted under the city’s Zoning Code or Section 16-33.
(4) Penalties. Any person found to be operating a Retail Residential Kitchen in violation of this Section or in violation of the terms of his or her permit may be subject to a fine of up to $300 per day. The Commissioner of Inspectional Services, or his or her designee, may issue a written warning, a notice of violation, a fine and/or suspension or revocation of permits.
(5) Enforcement. The provisions of this Section may be enforced in accordance with the noncriminal disposition process of M.G.L. Chapter 40, Section 21D, and M.G.L. Chapter 40U as accepted by the city.
(6) Notification. ISD shall, in coordination with the Office of Neighborhood Services or other related Department, give notice to the landlord, or other appropriate entity, that a retail residential kitchen exists at the permittee’s location.
(F) Regulations.
(1) The Commissioner of Inspectional Services shall promulgate rules and regulations necessary to implement and enforce the provisions of this Section.
(G) Reporting. ISD shall prepare an annual report detailing the number of applicants, recipients of retail residential kitchen permits and other relevant information and submit it to the City Clerk. The City Clerk shall docket the report and include the docket on the agenda of the next-occurring meeting of the Boston City Council. This Section shall sunset on December 31, 2024.
(CBC 1985 9-9.15; Ord. 2021 c. 4, § 1)
(A) There shall be in the City a Commission, known as the Arson Prevention Commission, consisting of the following officials of the city: the Fire Commissioner, the Police Commissioner, the Commissioner of Inspectional Services, the Collector/Treasurer, Commissioner of Real Property and the Chair of the City Council’s Committee dealing with the issue of arson, all serving ex officio. There shall be nine Commissioners appointed by the Mayor. Eight Commissioners appointed by the Mayor shall be residents of the city who live in areas affected by arson and have knowledge or expertise in the problem of arson. Of the nine Commissioners appointed by the Mayor, one Commissioner shall be a representative of the insurance industry that specifically deals with fire insurance for low/moderate income housing and knowledgeable about the problem of arson within the city, who need not be a resident of the city. Ex officio Commissioners, or their designees, and Mayoral appointed Commissioners shall have the power to attend any meetings or hearing and to vote on any Commission matter.
(B) Mayoral appointed Commissioners shall serve a term of two years.
(C) The Commission shall elect one of its members as Chair and another as Vice-Chair to serve in these capacities for the term of one year. The Commissioners shall hire a Director, who shall not be a member of the Commission, and said Director shall be qualified by his or her knowledge of the activities and methods used in arson prevention programs. The Director shall have the title of Executive Director and shall be paid a salary established by the Mayor. The Commissioners shall serve without compensation, and shall be deemed special municipal employees for the purposes of M.G.L. Chapter 268A.
(Ord. 1983 c. 13; Ord. 1984 cs. 6, 9; CBC 1985 9-10.1; Ord. 1987 c. 7 § 1; Ord. 1988 c. 10 §§ 1, 2; T9 [450])
(A) The Commission shall meet on a regular basis; shall study the problem of arson in the city; shall work with neighborhood organizations to implement remedies arrived at by studying the problem of arson in the city; shall, from time to time, and at least twice a year on July 1 and January 1, make written reports to the Mayor and Boston City Council assessing incidents of arson on a neighborhood basis and recommend means to prevent arson; shall conduct independently or in conjunction with appropriate Agencies such programs relating to the prevention of arson in the city as the Commission deems necessary; and shall propose new programs as the Commission deems feasible in view of the particular program and the needs of the city in regard to arson prevention.
(B) The Director shall be the Executive Officer of the Commission and shall have such powers to perform such duties as the Commission shall, from time to time, determine. The Director shall appoint, with Commission approval, other such personnel as the Commission may, from time to time, deem expedient. The Director and Commissioners, for the purposes of obtaining information under Chapter 446 of the Acts of 1978, shall be considered Public Safety Officials. The Director is empowered, on behalf of the Commission, to seek and make application for any and all commonwealth and/or federal funds that are or become available for a municipality to fund arson prevention activities. The Commission shall monitor compliance with Chapter 446 of the Acts of 1978 and any other applicable commonwealth statute which affect arson prevention in the city, shall advise and suggest administrative and legislative remedies to deal with the prevention of arson and shall establish a community based arson prevention program.
(Ord. 1983 c.13; Ord. 1984 c. 6; CBC 1985 9-10.2)
The services of all City Departments, Agencies and other Commissions shall be made available to the Commission for the purposes of effectuating the provisions of this Section. The Head of any Department, Agency or other Commission shall furnish information in the possession of such Department, Agency or other Commission when the Commission so requests and where such information relates to the duties of the Commission.
(Ord. 1983 c. 13; CBC 1985 9-10.3)
The Commission shall promulgate such rules and regulations consistent with the provisions of this Section and the laws of the commonwealth as shall further the provisions of this Section. The Commission shall adopt rules of procedure for conducting hearings.
(Ord. 1983 c. 13; Ord. 1984 c. 6; CBC 1985 9-10.4)
The provisions of this Section are severable and if any provision shall be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this Section, which shall remain in full force and effect.
(Ord. 1983 c. 13; CBC 1985 9-10.5)
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