CHAPTER 112: FOOD AND FOOD ESTABLISHMENTS

Section

   112.01   Definitions

   112.02   Adulteration or misrepresentation of food or drink

   112.03   Permits

   112.04   Inspections; authority of Health Officer; revocation of permit for obstructing Health Officer

   112.05   Sanitation requirements; duties and reports of Health Officer

§ 112.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   APPROVED. Shall be construed as though it were followed by the words “by the Health Officer”.

   FOOD ESTABLISHMENT. Any place in which food or food products are manufactured, prepared, packed, handled, stored, sold, or distributed and shall include hotels, inns, dining rooms, restaurants, lunch counters, cafeterias, bakeries, bake shops, delicatessens, ice cream plants, fruit stores, fruit stands, wagons from which food products are sold, markets, meat markets, ice cream parlors, confectioneries, beer gardens, boarding houses, clubs (private or public), meat packers or wholesalers thereof, produce houses, bottling plants, and other similar places located within the city, dispensing or offering for sale food or food products either at wholesale or retail.

   FOOD PRODUCTS. All articles used for food, drink, flavoring, confectionery, or condiment by people, whether simple, mixed, or compounded.

   HEALTH OFFICER. The health authority designated by the Common Council to administer and enforce this chapter, or his or her authorized representatives.

(Prior Code, § 12-1)

Statutory reference:

   Authority of city officers to inspect private premises, see W. Va. Code 8-12-15

   Authority to protect and promote the public health, see W. Va. Code 8-12-5(44)

   Hotels and restaurants, see W. Va. Code 16-6-1 et seq.

   Meat and meat products, see W. Va. Code 19-2B-1 et seq.

   Milk and milk products, see W. Va. Code 16-7-5

   State law relating to pure food and drugs, see W. Va. Code 16-7-1 et seq.

§ 112.02 ADULTERATION OR MISREPRESENTATION OF FOOD OR DRINK.

   It shall be unlawful for any person to adulterate, for the purpose of sale, anything intended for food or drink, or to knowingly sell or barter anything intended for food or drink, which is not what it is intended or represented to be or what it is sold for.

(Prior Code, § 12-2) Penalty, see § 10.99

§ 112.03 PERMITS.

   Any person owning, operating, or managing a food establishment shall, before engaging or continuing in such business, procure a permit from the Health Officer. Such permits shall have a life not exceeding one year and shall expire on December 31 following the date of issue. A permit shall only be issued to a food establishment when the Health Officer has determined by inspection that this chapter is being constantly complied with.

(Prior Code, § 12-3)