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For the purposes of this Ordinance, the following words shall have the following meanings:
(a) "Department" means the Department of Public Health.
(b) "Director" means the Director of the Department of Public Health.
(c) "Food" means any article intended for use for food, drink, confection, or condiment, or any article that is used or integrated for use as a component of any such article.
(d) "Restaurant" means any retail eating establishment serving food to the general public, including a restaurant, coffee shop, cafeteria, cafe, luncheonette, sandwich stand, or soda fountain.
(e) "Trans Fat" or "Artificial Trans Fat" means trans fatty acid, which is produced by partial hydrogenation of vegetable oil. Trans fat, or partially hydrogenated oil, is commonly found in processed foods and used as cooking oil for frying in restaurants. A food shall be deemed to contain artificial trans fat if the food is labeled as, lists an ingredient, or has vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil. A food whose nutrition facts label or other documentation from the manufacturer lists the trans fat content of the food at less than 0.5 grams per serving, shall not be deemed to contain artificial trans fat.
(Added by Ord. 13-08, File No. 071607, App. 2/7/2008)
In compliance with this Ordinance, the Department is authorized to develop and implement a City-wide Trans Fat Free Restaurant Program to encourage and recognize restaurants that discontinue storing, distributing, serving, or using any food, oil, shortening, or margarine containing artificial trans fat.
(Added by Ord. 13-08, File No. 071607, App. 2/7/2008)
The Director, after a public hearing, shall adopt and may amend guidelines, rules, regulations and forms to implement a Trans Fat Free Restaurant recognition program, including the application process, eligibility criteria, and qualification as a Trans Fat Free Restaurant. Eligibility and qualifications shall include, without limitation, thresholds and standards for storing, distributing, serving, or using trans fat. The regulations shall include the following:
(a) Qualified restaurants shall apply to participate in the Trans Fat Free Restaurant program and pay an annual registration fee of $250.00 and any related cost for time and materials above the $250.00.
(b) The Department will provide an official standardized decal to be posted at participating restaurants based on certification by the Department.
(c) The Department will periodically inspect participating restaurants to determine compliance with the program and the department shall charge an amount not to exceed appropriate cost of any related inspection cost.
(d) Restaurants qualifying for certification shall meet the criteria set for by the Department in the Regulations.
(Added by Ord. 13-08, File No. 071607, App. 2/7/2008)
The Director shall conduct outreach to all restaurants that are eligible to participate in programs established under this Ordinance and shall afford all eligible restaurants the same opportunities to participate in the program. The Director shall periodically post a list of Trans Fat Free Restaurants certified through the program on the Department's website.
(Added by Ord. 13-08, File No. 071607, App. 2/7/2008)
Recognition, including certification, by the City of a restaurant as a "Trans Fat Free Restaurant" shall not be construed as an endorsement by the City of the restaurant or confer any legal right or privilege onto the restaurant. The Department may discontinue any program established under this Ordinance at any time.
(Added by Ord. 13-08, File No. 071607, App. 2/7/2008)
Intentional false or misleading statements or misrepresentations made by any person applying to the program regarding a restaurant's eligibility or qualifications for or compliance with the Trans Fat Free Restaurant program is a violation of this Ordinance and is subject to an administrative penalty up to $500 per violation in addition to any other available remedies. Whenever the Director finds that information in a business's application or any required submission is inaccurate or misleading or a business that has Trans Fat Free Restaurant recognition is violating or has violated the terms of the Trans Fat Free Restaurant program eligibility or qualifications, the Director may revoke that restaurant's recognition as a Trans Fat Free Restaurant, which revocation shall be final.
(Added by Ord. 13-08, File No. 071607, App. 2/7/2008)
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
(Added by Ord. 13-08, File No. 071607, App. 2/7/2008)
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