16.09.010 Food Supplies

All food in food-service establishments shall be from sources approved or considered satisfactory by the health authority, and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption. No hermetically sealed, nonacid, and low-acid food which has been processed in a place other than a commercial food-processing establishment shall be used.

Reason: To control food-borne illness and food spoilage, which may result from improperly processed or handled food, the food-service establishment must be concerned with the sources of food which are to be used. The safety and wholesomeness of food is a basic requirement for the protection of the consumer's health. Accordingly, the provisions listed under "Compliance" are intended to insure that food in general, as well as certain food which may be potentially hazardous, is obtained from sources which have been approved or are considered satisfactory by the health authority.

The use of non-commercially processed, hermetically sealed, nonacid, and low-acid food, i.e., food with a pH of more than 4.5, is prohibited because of the history of such food in causing botulism, a type of food poisoning which is frequently fatal. For this reason, such food is required to be obtained only from sources where the conditions and methods of preparation are subject to official regulations or surveillance by State or local governmental authorities.

Compliance: This subsection shall be deemed to have been satisfied when the following requirements are met:

(a) General:

(1) Food in the food-service establishment shall be from a source approved, or considered satisfactory, by the health authority, and which is in compliance with applicable State and local laws. and regulations. Food from such sources shall have been protected from contamination, and spoilage during subsequent handling, packaging, and storage, and while in transit.

(2) All food in the food-service establishment shall be wholesome and free from spoilage, adulteration, and misbranding.

(b) Milk and Milk Products:

(1) All milk and milk products, including fluid milk, other fluid dairy products and manufactured milk products, shall meet the standards of quality established for such products by applicable State and local laws and regulations.

(2) Only pasteurized fluid milk and fluid-milk products shall be used or served. Dry milk and milk products may be reconstituted in the establishment if used for cooking purposes only.

(3) All milk and fluid-milk products for drinking purposes shall be purchased and served in the original container in which they were packaged at the milk plant, or shall be served from an approved bulk milk dispenser; Provided, that cream, whipped cream or half and half, which is to be consumed on the premises, may be served from the original container if no more than one-half gallon capacity or from a dispenser approved by the health authority for such service, and for mixed drinks requiring less than one-half pint of milk, milk may be poured from one quart or one-half gallon containers packaged at a milk plant.

(1) A11 frozen desserts such as ice cream, soft frozen desserts, ice milk, sherbets, ice, and mix shall meet the standards of quality established for such products by applicable State and local laws and regulations.

(d) Shellfish:

(1) All oysters, clams, and mussels shall be from sources approved by the State shellfish authority: Provided, that if the source is outside the State, it shall be one which is certified by the State of origin.

(2) Shell stock shall be identified with an official tag giving the name and certificate number of the original shell-stock shipper and the kind and quantity of shell stock. Fresh and frozen shucked oysters, clams, and mussels, shall be packed in nonreturnable containers identified with the name and address of the packer, re-packer, or distributor, and the certificate number of the packer or re-packer preceded by the abbreviated name of the State.

(3) Shucked shellfish shall be kept in the original container until used.

(e) Meat and Meat Products:

(1) All meat and meat products shall have been inspected for wholesomeness under an official regulatory program: provided, that the health authority may accept other sources which are in his opinion satisfactory and which are in compliance with applicable State and local laws and regulations.

(f) Poultry and poultry Meat Products:

(1) All poultry and poultry meat products shall have been inspected for wholesomeness under an official regulatory program: Provided, that the health authority may accept other sources which are in his opinion satisfactory and which are in compliance with applicable State and local laws and regulations.

(g) Bakery, Products:

(1) All bakery products shall have been prepared in the food-service establishment or in a food-processing establishment: Provided, that the health authority may accept other sources which are in his opinion satisfactory and which are in compliance with applicable State and local laws and regulations. All cream-filled and custard filled pastries shall have been prepared and handled in accordance with the requirements of Section 16.09.020 of this Code.

(h) Nonacid and Low-Acid Hermetically Sealed Food:

(1) All nonacid and low-acid hermetically sealed food shall have been processed in food processing establishments.