(a) “Person” means any individual, partnership, partner, firm, company, corporation, association or any other legal entity, or their legal representatives, assigns, employees or successors.
(b) “Perishable food” means any food which has not been frozen, canned or dried, and which has not been prepared by the seller of the food for human consumption without further preparation or cooking.
(c) No person shall sell or offer for sale to another person in the City of Cleveland, for human consumption, perishable food:
(1) If the perishable food is marked by a sell-by-date, later than six (6) months after said sell-by- date; or
(2) If the perishable food is marked by a sale expiration date, later than said sale expiration date.
(d) No person shall sell or offer for sale to another person in the City of Cleveland, for human consumption, perishable foods which at one time were marked with a sell-by-date or sale expiration date, if such sell- by-date or sale expiration date has been falsified, removed, concealed, altered, defaced or erased.
(e) No person shall sell or offer for sale to another person in the City of Cleveland, for human consumption, perishable food which had at one time been frozen unless a sign has been conspicuously posted which states that the food had been previously frozen and unless the words “PREVIOUSLY FROZEN” appear on all labels and signs on which the price for the food is listed in lettering no less than one- half (1/2) the size of the price. As used in this division, “conspicuously posted sign” means a sign no less than two (2) feet by two (2) feet in size and visible to customers.
(f) Nothing in this section shall limit or alter the prohibitions and requirements regarding adulterated or misbranded food.
(Ord. No. 2163-01. Passed 5-20-02, eff. 5-23-02)