(A) Scope. The provisions of this section shall be enforceable within the municipality concurrently with state and federal laws relative to sanitation and health and to the sale of pure foods and drugs, and the ordinances or orders of the county health district, and shall not be construed as modifying, repealing, limiting or affecting in any manner such laws, ordinances or orders.
(B) Definitions.
FOOD. Breads, meats, fruits, grains, vegetables, milk, juices and all other foodstuffs, food products or food ingredients in the natural or processed state. The expression shall be deemed to include all canned, bottled, dehydrated or otherwise preserved foods.
FOOD HANDLER. Wholesale or retail grocers, bakers, butchers, restaurant or lunch stand operators, dairymen, hucksters, fruit stand operators, canners or packers of foodstuffs, cold storage house operators, or other persons commercially engaged in processing, handling, transporting, storing or selling food.
(C) Permitting unclean premises. No food handler shall keep or possess food except when in original cans, packages or containers, in any room, building, establishment or other place, unless such place:
(1) Shall be adequately lighted to reveal any dirt or unwholesome condition which might exist.
(2) Shall consist of smooth, tight floors, walls and ceilings, free from projections, cracks and crevices and kept clean and sanitary at all times by painting, scrubbing and cleaning to prevent the accumulation of dirt and filth.
(3) Shall be adequately ventilated and screened against flies and other insects.
(4) Shall be free from all vermin and rodents.
(5) Shall be provided with an ample supply of pure and uncontaminated running water with sanitary drainage into a cesspool or sewer.
(D) Equipment. Every food handler's establishment shall be equipped with an adequate supply of furniture, machinery, implements, containers and utensils for the proper conduct of such business, and no food handler shall have in possession or use in connection with such business any furniture, machine, implement, container, utensil or other article of equipment which is not thoroughly clean, sanitary and free from rust or corrosion.
(E) Cleanliness of persons employed. Every food handler or employee thereof who is engaged in handling food, except when such food is in original cans, packages or containers, shall keep his person, aprons, services, caps and other articles of clothing thoroughly clean and free from dirt and filth. Failure to observe the provision of this division shall constitute a misdemeanor and the employer of any person violating the same shall be deemed an aider and abettor and may be prosecuted as if he were the principal offender.
(F) Health of persons employed. No person suffering from cholera, dysentery, epidemic or streptococcus sore throat, paratyphoid fever, poliomyelitis (acute anterior), scarlet fever, tuberculosis, typhoid fever or who is a carrier of the organism of any such disease, or who is suffering from any venereal disease, shall serve or handle food, except when such food is in original cans or containers. The employer of any person violating this section shall be deemed an aider and abettor and may be prosecuted as if he were the principal offender.
(G) Unsanitary Food.
(1) No food handler shall prepare, manufacture, possess, sell or expose or offer for sale any food which is impure, moldy, tainted, rancid, unwholesome or otherwise unsanitary or which is adulterated or misbranded.
(2) The standards of purity fixed by the federal government are hereby adopted and declared to be the standards of purity intended and required by this section.
('80 Code, § 521.11) (Ord. 35-74, passed 7-1-74) Penalty, see § 94.99