CHAPTER 651 – PACKAGING AND LABELING

651.01   Standards for Packaging Meats

651.02   Permitted Material for Prepackaged Products; Restrictions

651.03   Enforcement; Exceptions

651.99   Penalty

Cross-reference:
   Adulterated, misbranded and unsafe food, CO 241.23
   Unconscionable trade practices defined, CO 641.12
   Unfair trade practices defined, CO 641.11

Statutory reference:
   Adulterated, misbranded and unsafe food, RC 3715.52, 3715.59 et seq.
   Marketing standards, RC Ch. 925

§ 651.01 Standards for Packaging Meats

   Notwithstanding the provisions of the Consumer Protection Code, it shall not be unlawful for any owner, manager or supervisor of a retail store or any independently operated department within such a store to sell or offer for sale fresh or frozen meat in such a package as is currently used in the industry, including but not limited to the use of what is generically referred to as “pulp” and “foam” trays.

(Ord. No. 1294-73. Passed 7-2-73, eff. 7-3-73)

§ 651.02 Permitted Material for Prepackaged Products; Restrictions

   On or after four (4) months from December 10, 1973, no owner, manager or supervisor of a retail store or any independently operated department within such a store shall sell, offer for sale or expose for sale at retail, on the same premises where any fresh or frozen meat, fish, shellfish, poultry or any produce, all herein after referred to as merchandise, are packaged, without complying with the following:

   (a)   If the merchandise is packaged in a tray, the top of the package shall be completely visible, exclusive of labeling, which may occupy not more than ten percent (10%) of one (1) side of the package or a total of five (5) square inches, whichever is greater.

   (b)   If the merchandise is packaged in a tray, the tray containing the merchandise shall be constructed or manufactured so that at least seventy percent (70%) of the bottom is transparent or open or slotted so as to make the merchandise therein visible to the buyer. No material shall be used for wrapping purposes which would otherwise obstruct the visibility of the merchandise as set forth herein.

   The provisions of this section shall not apply to merchandise packaged at the request of and in the immediate view of the buyer purchasing the specific item.

(Ord. No. 2196-73. Passed 12-3-73, eff. 12-10-73)

§ 651.03 Enforcement; Exceptions

   The Manager of Fair Housing and Consumer Affairs shall enforce the provisions of Section 651.02. The Manager may grant an extension of time for compliance with the section where a written request supported by evidence of exceptional circumstances and substantial efforts to comply prior to the effective date would justify his or her finding that full compliance on or before the effective date would be impossible or create undue financial hardship in the particular instance.

(Ord. No. 1329-10. Passed 12-6-10, eff. 12-6-10)