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ARTICLE 8: FOOD AND FOOD PRODUCTS

Sec. 385. Gathering, Sale, Etc., of Watercress Grown Near Sewer Outlets.

Sec. 390. Manufacture, Etc., of Dangerous Food Adulterants.

Sec. 391. Penalty.

Sec. 396. Furnishing of Samples of Food Preservatives to Department.

Sec. 397. Penalty.

Sec. 402. Use of Paraffin in Preparation of Rice.

Sec. 407. Conveyance of Bread, Etc., Through Public Streets.

Sec. 412. Wire Screens, Etc., in Places Where Food is Sold.

Sec. 417. Crabs, Shellfish, Etc.– Conditions, Preparations, Etc.

Sec. 422. Vegetable Culture– Watering and Growing Agents.

Sec. 423. Penalty.

Sec. 428. Manufacture, Etc., of Food and Liquor.

Sec. 429. Penalty.

Sec. 434. Receipt and Delivery of Bread, Etc., at Bakeries, Stores, Etc.

Sec. 435. Character of Receptacles.

Sec. 440. Food Product and Marketing Establishments.

Sec. 440.1. Inspection Before Issuance of Permit.

Sec. 440.2. Permit Procedures.

Sec. 440.3. Prohibition.

Sec. 440.4. Sanitation of Premises.

Sec. 440.5. Toilet and Handwashing Facilities to be Provided.

Sec. 440.6. Authority to Make Rules, Etc.

Sec. 441. Penalties and Enforcement.

Sec. 446. Sale of Bread For Other Than Human Consumption.

Sec. 451. Food Preparation and Service Establishment.

Sec. 452. Applications for Permits; Denials; Appeals; Temporary Permits.

Sec. 453. Diseased Employees.

Sec. 454. Regulations.

Sec. 455. Penalty.

Sec. 456. Food Preparation and Service Establishment Disclosures.

Sec. 456.1. Posting Requirements– Penalty for Noncompliance– Documents Available for Public Review.

Sec. 456.2. Symbol and Inspection Score Card– Period of Validity.

Sec. 456.3. Public Health Permit Suspension or Revocation– Notice of Closure.

Sec. 456.4. Penalties.

Sec. 456.5. Board Review– Hearing.

Sec. 456.6. Enforcement of Safe Drinking Water and Toxic Enforcement Act of 1986 and its Implementing Regulations; Requirement that Warnings Be Provided in English, Spanish, and Chinese.

Sec. 460. Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment Defined.

Sec. 461. Permits.

Sec. 462. Application– Investigation, Etc.

Sec. 463. Application, Existing Establishments.

Sec. 464. Grounds for Permit Revocations– Procedure.

Sec. 465. Discretion of Officers, Etc.

Sec. 466. Other Laws, Rules and Regulations.

Sec. 467. Food Vending Machines.

Sec. 468. Purpose.

Sec. 468.1. Findings.

Sec. 468.2. Definitions.

Sec. 468.3. Menu Labeling Required at Chain Restaurants.

Sec. 468.4. Nutrition Information Required to be Disclosed on Disclosure Media Other Than Menus, Menu Boards and Food Tags.

Sec. 468.5. Reporting Requirements.

Sec. 468.6. Penalties and Enforcement.

Sec. 468.7. Severability.

Sec. 468.8. Operative Date.

Secs. 469– 469.10. Reserved.

Sec. 470.1. Establishment and Membership of Food Security Task Force.

Sec. 470.2. Sunset Provisions.

SEC. 385. GATHERING, SALE, ETC., OF WATERCRESS GROWN NEAR SEWER OUTLETS.

No person shall gather, or sell, or offer for sale, or keep for sale, or give, or distribute, or otherwise dispose of any watercress, or any other edible herb or vegetable which has been, or is, or may be, growing within 1,000 feet of any sewer outlet, or any cesspool or any other place where stagnant water, or seepage, or other drainage, or any offensive matter, or any matter dangerous to health has, or may be accumulated.

SEC. 390. MANUFACTURE, ETC., OF DANGEROUS FOOD ADULTERANTS.

No person, firm or corporation shall manufacture, sell, expose for sale, give away, distribute or deliver or have in their possession, with intent to sell, expose for sale, give away, distribute or deliver, or cause to sell, expose for sale, give away, distribute or deliver any baneful or injurious substance intended to be used in the preservation of any article of food or drink for human consumption.

SEC. 391. PENALTY.

Any person, company or corporation violating any of the provisions of Section 390 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding $100, nor less than $25, or by imprisonment in the County Jail for a term not exceeding 100 days, nor less than 30 days, or by both such fine and imprisonment.

SEC. 396. FURNISHING OF SAMPLES OF FOOD PRESERVATIVES TO DEPARTMENT.

Every person, firm or corporation who shall manufacture, sell, expose for sale, give away, distribute, deliver or have in their possession, with intent to sell, expose for sale, give away, distribute or deliver, any mixture, compound or other substance intended to used in the preservation of any article of food or drink for human consumption is hereby required to furnish to the Department of Public Health on its demand a sample of said mixture, compound or other substance intended to be used in the preservation of any article of food or drink for human consumption.

SEC. 397. PENALTY.

Any person, company or corporation violating any of the provisions of Section 396 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding $100, nor less than $25, or by imprisonment in the County Jail for a term not exceeding 100 days, nor less than 30 days, or by both such fine and imprisonment.

SEC. 402. USE OF PARAFFIN IN PREPARATION OF RICE.

It shall be unlawful for any person, firm or corporation to use, or cause to be used, any oil, paraffin or other similar substance in the process of cleaning or preparing rice for market.

SEC. 407. CONVEYANCE OF BREAD, ETC., THROUGH PUBLIC STREETS.

It shall be unlawful for any person, company or corporation to carry, transport or convey, or to cause to be carried, transported or conveyed through the public streets in open baskets or exposed containers, or vehicles or otherwise, any bread, cakes or pastry intended for human consumption.

SEC. 412. WIRE SCREENS, ETC., IN PLACES WHERE FOOD IS SOLD.

It shall be unlawful for any person, firm, association or corporation, engaged in maintaining, conducting, carrying on or managing a restaurant place, kitchen, meat market, fruit store, vegetable store, delicatessen store, bakery store, street vendor's store, or any other place in which or where food is prepared, sold or disposed of for human consumption, to maintain, conduct, carry on or manage said place or store, except in the manner provided for in this Section.

It shall be unlawful for any person, firm, association or corporation to maintain, conduct, carry on or manage a restaurant place or kitchen where foodstuffs are cooked, prepared, sold or disposed of for human consumption, unless the doors, windows, apertures or other openings to the premises or place where said restaurant or kitchen is conducted, maintained, carried on or managed are effectively enclosed with finely woven wire mesh screens.

It shall be unlawful for any person, firm, association or corporation, between the hours of 9:00 a.m. and 6:00 p.m., to maintain, conduct, carry on or manage a meat market, fruit store, vegetable store, poultry store, delicatessen store or bakery store where food is offered for sale or disposed of for human consumption, unless all doors, windows, apertures and other openings to the premises or place where the business above mentioned is conducted, carried on, maintained or managed are tightly enclosed with finely woven wire mesh screens; and, furthermore, unless the food which is offered for sale or disposed of is kept within the doors of the store or place where said business is maintained, conducted, carried on or managed.

Provided, however, that this Section shall not apply to those who sell or offer for sale fruit solely in original, covered or unbroken packages.

It shall be unlawful for any person, firm, association or corporation to maintain, conduct, carry on or manage a street stand, whether stationary or movable, where is exposed for sale any food, candy or other edibles for human consumption, whether consumed at said stand or elsewhere, unless the said stand is furnished with tight glass cases, so as to protect said food, candy or other edibles from exposure to dirt, dust, flies or other insects.

Provided that this Section shall not apply to fruit or vegetables exposed for sale in street stands, stationary or movable.

It shall be unlawful for any person, firm, association or corporation to maintain, conduct, carry on or manage a street stand, whether stationary or movable, where is exposed for sale any fruit or vegetables, whether consumed at the said stand or elsewhere, unless the said stand is furnished, so as to protect said fruit and vegetables, with tight glass cases or finely woven wire mesh screens, mosquito netting, or other dirt, dust and fly proof covering, so placed over and about said fruit or vegetables as not to touch the same at any point.

Nothing contained in this Section shall require those selling or offering for sale bananas, pineapples, oranges, limes, lemons, or other citrus fruits, or fruits or vegetables whose rind or skin must be removed before eating, to enclose said fruits or vegetables with any covering or to keep the same within the doors of the store or place where the same may be sold or offered for sale.

SEC. 417. CRABS, SHELLFISH, ETC.– CONDITIONS, PREPARATIONS, ETC.

It shall be unlawful to send, bring or cause to be sent or brought into the City and County of San Francisco any live crabs, crawfish or other shellfish unless the same be in good healthy condition.

It shall be unlawful to prepare for food for human consumption any crabs, crawfish or other shellfish which are not at the time of preparation alive or in good wholesome condition, or to sell, expose or offer for sale or have possession of the same.

It shall be unlawful to send, bring or cause to be brought into the City and County of San Francisco any cooked crabs, crawfish or other shellfish, unless the same shall have been cooked for a period of not less than 40 minutes in boiling water at the time of preparation, and properly packed in ice while in transit to this City.

SEC. 422. VEGETABLE CULTURE– WATERING AND GROWING AGENTS.

It shall be unlawful for any person, firm or corporation to use human discharges or excrement, or any water containing any human discharges or excrement, or the waters of any well, spring, pond or creek, which receives the discharges of any sewer or drain, or which by any means whatever has become polluted with sewage discharges, for the purpose of irrigating or sprinkling vegetables used for human consumption.

It shall be unlawful for any person, firm or corporation to bring into the City and County of San Francisco, or to produce, sell, offer for sale or have in his or their possession for sale for human consumption in the City and County of San Francisco, without first obtaining a license from the Department of Public Health, to produce, sell, or offer for sale, vegetables for human consumption; and further they shall also be required to have a certificate by the Department of Public Health that said vegetables are produced in a manner that does not violate any of the provisions of this Section, and that the same are being handled and transported in wagons and containers satisfactory to the Department of Public Health, and said wagons and containers shall bear the legend "Inspected by the Department of Public Health, San Francisco, California," before a license for their operation is issued.

SEC. 423. PENALTY.

Any person, firm or corporation who shall violate any of the provisions of Section 422 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than $25 and not more than $500 or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprisonment.

SEC. 428. MANUFACTURE, ETC., OF FOOD AND LIQUOR.

The manufacture, production, preparation, compounding, packing, selling, offering for sale or keeping for sale within the City and County of San Francisco, or the introduction into this City from any other County, state, territory or the District of Columbia, or from any foreign country, of any article of food or liquor which is adulterated, mislabeled or misbranded within the meaning of this Section, is hereby prohibited. Any person, firm, company or corporation who shall import or receive from any other County, state or territory, or the District of Columbia, or from any foreign country, or who having so received shall deliver for pay or otherwise, or offer to deliver to deliver to any other person, any article of food or liquor adulterated, mislabeled or misbranded within the meaning of this Section, or any person who shall manufacture or produce, prepare or compound, or pack or sell, or offer for sale, or keep for sale in the City and County of San Francisco, any such adulterated, misbranded food or liquor shall be guilty of a misdemeanor; provided, that no article of food shall be deemed adulterated, mislabeled or misbranded within the provisions of this Section, when prepared for export beyond the jurisdiction of the United States and prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if such food shall be in fact sold, or kept or offered for sale for domestic uses and consumption, then this proviso shall not exempt said article from the operation of any provision of this Section.

(a) Definition. The term food as used in this Section shall include all articles used for food, drink, liquor, confectionery or condiment by man or other animals, whether simple, mixed or compound.

(b) Standard of Purity. The standard of purity of food and liquor shall be that proclaimed by the Secretary of the United States Department of Agriculture, where standards are not fixed by ordinance of the City and County of San Francisco.

(c) Adulteration. Food shall be deemed adulterated within the meaning of this act in any of the following cases:

(1) If any substance has been mixed or packed, or mixed and packed with the food so as to reduce or lower or injuriously affect its quality, purity, strength or food value;

(2) If any substance has been substituted wholly or in part for the article of food;

(3) If any essential or any valuable constituent or ingredient of the article of food has been wholly or in part abstracted;

(4) If the package containing it or its label shall bear in any manner any statement, design or device whereby damage or inferiority is concealed;

(5) If it contains any added poisonous or other added deleterious ingredient;

(6) If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance, or any portion of an animal or vegetable unfit for food, whether manufactured or not, or if it is the product of a deceased animal, or one that has died otherwise than by slaughter; provided that an article of liquor shall not be deemed adulterated, mislabeled or misbranded if it be blended or mixed with like substance so as not to injuriously lower or injuriously reduce or injuriously affect its quality, purity or strength;

(7) In the case of confectionery, if it contains terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug;

(8) In the case of vinegar, if it be artificially colored;

(9) If it does not conform to the standard of purity therefor as proclaimed by the Secretary of the United States Department of Agriculture, when not fixed by ordinance of the City and County of San Francisco.

(d) Misbranding. The term "misbranded" as used herein shall apply to all articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food product which is falsely branded as to the county, city and county, city, town, state, territory, District of Columbia or foreign country in which it is manufactured or produced.

Food and liquor shall be deemed mislabeled or misbranded within the meaning of this Section in any of the following cases:

(1) If it be an imitation of or offered for sale under the distinctive name of another article of food;

(2) If it be labeled or branded or colored so as to deceive or mislead, or tend to deceive or mislead the purchaser, or if it be falsely labeled in any respect, or if it purport to be a foreign product tending to mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package;

(3) If in package form, and the contents are stated in terms of weight measure, they are not plainly and correctly stated on the outside of the package;

(4) If the package containing it or its label shall bear any statement, design or device regarding the ingredients or the substance contained therein, which statement, design or device shall be false or misleading in any particular;

(5) When any package bears the name of the manufacturer, jobber or seller, or the grade or class of the product, it must bear the name of the real manufacturer, jobber or seller, and the true grade or class of the product, the same to be expressed in clear and distinct English words in legible type; provided that an article of food shall not be deemed misbranded if it be a well-known product of a nature, quality and appearance and so exposed to public inspection as not to deceive or mislead nor tend to deceive or mislead a purchaser, and not misbranded and not of the character included within the definitions, first to fourth of this subsection;

(6) If, having no label, it is an imitation or adulteration, or is sold or offered for sale under the name, designation, description or representation which is false or misleading in any particular whatever; and in case of eggs and poultry, if they have been kept or packed in cold storage, or otherwise preserved, they must be so indicated by written or printed label or placard plainly designating such fact when offered or exposed for sale.

(e) Package Defined. The term "package" as used in this Section shall be construed to include any phial, bottle, jar, demijohn, carton, bag, case, can, box or barrel, or any receptacle, vessel or container of whatsoever material or nature which may be used by a manufacturer, producer, jobber, packer or dealer for enclosing any article of food.

(f) Evidence of Violation. The possession of any adulterated, mislabeled, or misbranded article of food or liquor by any manufacturer, producer, jobber, packer or dealer in food, or broker, commission merchant, agent, employee or servant of any such manufacturer, producer, jobber, packer or dealer, shall be prima facie evidence of the violation of this Section.

(g) Rights to Samples. The Department of Public Health and all its officers, agents and employees shall have the right at any time to obtain by purchase a sample of food from any person, persons or concern selling or exposing for sale or exchanging in the City and County of San Francisco, such sample to be taken and sealed in full view and in the presence of the person from whom said sample is taken, and shall then and there furnish to the person from whom such sample is taken approximately one-half such sample sealed, and shall deliver to the said Department of Public Health immediately the sample so taken, properly sealed.

(h) Exemption from Prosecution. No dealer shall be prosecuted under the provisions of this Section when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States from whom he purchased such an article to the effect that the same is not adulterated, mislabeled or misbranded within the meaning of this Section, designating it. Said guaranty to afford protection, must contain the name and address of the party or parties making the sales of such article to said dealer, and an itemized statement showing the article purchased; or a general guaranty may be filed with the Secretary of the United States Department of Agriculture by the manufacturer, wholesaler, jobber or other party in the United States and be given a serial number, which number shall appear on each and every package of goods sold under such guaranty, with the words, "Guaranteed under the food and drugs act, June 30, 1906". In case the wholesaler, jobber, manufacturer or other party making such guaranty to said dealer resides within this state, and it appears from the report of the City Chemist that such article or articles were adulterated, mislabeled or misbranded within the meaning of this Section, or the National Pure Food Act, approved June 30th, 1906, the District Attorney must forthwith notify the Attorney General of the United States of such violation.

SEC. 429. PENALTY.

Any person, firm, company or corporation violating any of the provisions of Section 428 of this Article shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 nor more than $500 or shall be imprisoned in the County Jail for a term not exceeding six months, or by both such fine and imprisonment. Food found to be adulterated, mislabeled or misbranded within the meaning of Section 428 may be seized and destroyed.

SEC. 434. RECEIPT AND DELIVERY OF BREAD, ETC., AT BAKERIES, STORES, ETC.

It shall be unlawful for any person, firm or corporation to conduct and maintain, or carry on, or cause to be conducted, maintained or carried on, any bakery, store, shop or stand where there is to be received or delivered bread or other bakery products, unless the said bakery, store, shop or stand be provided with proper receptacles for bread, or other bakery products, as in Section 435 of this Article provided.

Every bakery, store, shop or stand where bread or other bakery products of any kind are received or delivered shall be provided with a wooden receptacle for the reception and protection of bread or other bakery products, and into which all bread or other bakery products shall be placed when delivered as herein provided.

SEC. 435. CHARACTER OF RECEPTACLES.

(a) The said receptacle for the reception of bread or other bakery products as aforesaid, shall be constructed of clear pine board, dressed on both sides, and shall have not less than two coats of paint on the outside. The outside must present a smooth surface, with no bottom or side mouldings thereon. The receptacle shall be furnished with four bent iron legs, each two inches in height, fastened to two cleats which shall extend across the bottom of the receptacle, one inch from the ends of the receptacle, and the ends of said cleats shall extend to within one inch from the side thereof. The inside corners shall be filled and reinforced with right angle pine uprights with smooth surfaces to exclude dust accumulating in the corners of receptacle.

(b) There shall be no aperture, nor openings in said receptacle, and the top thereof shall be placed in a position slanting toward the front and shall extend one inch over the sides and front of said receptacle, and shall be used as a cover therefor, and shall be attached thereto with two hinges at the top and back, and be furnished with appliances for locking the cover on receptacle at the front.

(c) The minimum size of such receptacle shall be 20 inches in length, 15 inches in width, and 18 inches in height, exclusive of legs, and of whatever size said receptacle shall be built, it shall, in the main adhere to the proportions in the minimum size as hereinbefore set forth.

Such receptacle as aforesaid shall be placed and kept in a convenient place for the reception and delivering of bread or other bakery products outside any bakery, store, shop or stand as aforesaid at any time, and at all times, when the said bakery, store, shop or stand is closed between the hours of 6:00 in the afternoon of any day and 8:00 in the forenoon of the following day, the said receptacle shall be taken into and kept inside said bakery, store, shop or stand at and during all times when bread or other bakery products may be delivered to and into said bakery, store, shop or stand.

SEC. 440. FOOD PRODUCT AND MARKETING ESTABLISHMENT.

(a) Food Product and Marketing Establishment means any room, building, cart or vehicle, except those peddler wagons used for peddling as defined in Articles 13, 17.2 and 17.3 of Part II, Chapter VIII of the San Francisco Municipal Code, or place or portion thereof, maintained, used or operated for the purpose of commercially storing, selling, vending, packaging, making, cooking, mixing, processing, bottling, canning, packing, slaughtering, or otherwise preparing or handling food, except Food Preparation and Service Establishments as defined in Section 451 and Food Product and Marketing delivery vehicles.

(b) Food, as used in this Section, includes all articles used for food, drink, confectionery, or condiment, whether simple or compound, including perishable foods, such as fruits, vegetables, fish, meat, poultry, eggs, and bakery goods, whether sold after processing or sold in a fresh or frozen form. Food as used in this Section, shall not include whole pumpkins sold during the month of October for purely decorative purposes, which are not intended for human consumption, and which are clearly marked as being sold only for such limited purposes.

(c) "Bakery" is included within this Section and means any room, building, premises, or place which is used or operated for commercial baking, manufacturing, preparing, processing, retail selling, or packaging of bakery products. It includes all rooms of a bakery in which bakery products or ingredients are stored or handled. It does not, however, include any Food Preparation and Service Establishment as defined in Section 451.

(d) It shall be unlawful for any person, persons, firm or corporation to maintain or operate within any room, building, vehicle or place or portion thereof a Food Product and Marketing Establishment within the City and County of San Francisco, without having first obtained a permit issued and signed by the Director of Public Health of said City and County to do so.

Said permit when issued shall be kept displayed in a prominent place on the premises of the establishment, vehicle or cart for which or whom it is issued.

(Amended by Ord. 492-84, App. 12/13/84)

SEC. 440.1. INSPECTION BEFORE ISSUANCE OF PERMIT.

It shall be the duty of the Department of Public Health, upon application from any person, firm or corporation desiring to open, conduct or continue any place of business within the limits of the City and County of San Francisco, before issuing the permit specified in Section 440 to cause the premises on which it is proposed to carry on such business or in which said business is being carried on to be inspected with view of ascertaining whether said premises are in a proper sanitary and rat-proof condition for the conduct of such business, also, whether the provisions of all ordinances or regulations made in accordance with provisions thereof relating thereto have been complied with.

(Amended by Ord. 241-70, App. 7/14/70)

SEC. 440.2. PERMIT PROCEDURES.

The permit provided in Section 440 shall set forth the commercial uses permitted and shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial use for which the permit was issued.

A permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Upon suspension or revocation the premises for which the permit was issued shall be posted with the order of the Department.

(Amended by Ord. 93-68, App. 4/19/68)

SEC. 440.3. PROHIBITION.

(a) No person, firm or corporation engaged in the manufacture, handling or sale of food stuffs shall require, permit or allow any person suffering from any communicable disease to work, lodge, sleep or remain within or upon the premises.

(b) It shall be unlawful for any person, firm or corporation to allow any dog or dogs or cat or cats, to enter any place of business designated in Section 440, provided, however, that this subsection shall not apply to any Seeing-Eye dog accompanied by a blind person.

(c) It shall be unlawful for any person, firm or corporation to display on the street, or in the open air, food products liable to be injured, infected or polluted, without adequate protection from dirt, flies, animals or insects.

(d) The carrying on of any occupation in the place or room set apart for the preparation, storage, or sale of foodstuffs, whether cooked or raw or any allied operations that will generate or cause to arise a dust, smoke or offensive odor, is prohibited.

(e) It shall be unlawful for any person, firm or corporation to use any stable or other place where animals are kept as a place of storage for fruits, vegetables, meats, milk or any other foodstuffs.

(f) The plucking of chickens and other fowl, and the skinning or cleaning of animals shall be carried on in a separate room, and all dust, smoke or offensive odors arising therefrom must be disposed of by air shafts, fans, forced air, or such other means as may be approved by the Department of Public Health.

(g) No person shall be allowed to nor shall he reside or sleep in any room of a bake shop, public dining room, hotel, restaurant, kitchen, confectionery, or other place where food or foodstuffs are prepared, produced, manufactured, served or sold.

(h) It shall be the duty of every occupant, whether owner or lessee, of any bakery, candy factory, delicatessen, restaurant, warehouse or other place where foodstuff are manufactured, prepared, stored commercially in opened or unopened containers or served, to provide full protection for his cooked food and other wares from dust, dirt, flies and vermin by the use of suitable glass cases, wire screens or other methods approved by the Department of Public Health, and shall cause the abatement and destruction of vermin and flies wherever found.

(Added by Ord. 237-63; App. 9/6/63)

SEC. 440.4. SANITATION OF PREMISES.

The floors, sidewalks, ceilings, furniture, receptacles, utensils, implements and machinery of every establishment or place where food is manufactured, packed, stored commercially in opened or unopened containers, sold or distributed shall at all times be kept in a healthful and in a sanitary condition, and for the purposes of this Section, unclean, unhealthful and unsanitary conditions shall be deemed to exist if food in the process of manufacture, preparation, packing, storing, sale or distribution is not securely protected from dust, dirt, rats, flies and other vermin, and, so far as may be possible, protected by any reasonable means from all other foreign or injurious contamination; and all refuse, dirt and waste products subject to putrefaction and fermentation incident to the manufacture, preparation, packing, storing, selling of and distribution of food, shall be removed once in each day; and all trucks, trays, trays, boxes, baskets and buckets and other receptacles, chutes, platforms, racks, tables, shelves, and all knives, saws, cleavers and other implements and machinery used in the moving, handling, cutting, chopping, mixing, canning and all other processes used in the preparation of food shall be thoroughly cleaned at least once in each day, and all operatives, employees, clerks and other persons therein employed or engaged shall maintain their persons and clothing in a clean and sanitary condition at all times and shall not store or keep unclean or soiled clothing or articles for personal use in or about said premises.

(Added by Ord. 237-63; App. 9/6/63)

SEC. 440.5. TOILET AND HANDWASHING FACILITIES TO BE PROVIDED.

(a) Every food establishment, as defined in Section 27520 of the California Health and Safety Code, must provide toilet and handwashing facilities for use by employees. Every such establishment as to which construction or substantial reconstruction or rehabilitation is commenced on or after September 1, 1986, selling food for the purpose of immediate consumption without the reasonable expectation of further preparation or addition to other foods, shall make such toilet and handwashing facilities available for use by patrons without charge and shall comply with the Plumbing Code of the City and County of San Francisco.

(b) Provisions of this Section shall not apply to roadside stands, food establishments which are open to outside air or businesses which primarily sell at retail, meat, poultry and their by-products.

(Amended by Ord. 199-86, App. 6/6/86)

SEC. 440.6. AUTHORITY TO MAKE RULES, ETC.

The Department of Public Health shall from time to time adopt such rules and regulations as it may deem necessary and proper to give effect to the provisions of Sections 440 to 440.5, inclusive, hereof and in accordance therewith.

(Added by Ord. 237-63; App. 9/6/63)

SEC. 441. PENALTIES AND ENFORCEMENT.

(a) The Department of Public Health shall enforce Section 440.5 hereof against violations by either of the following actions:

(1) Serving notice requiring the correction of any violation of this Section;

(2) Calling upon the City Attorney to maintain an action for injunction to enforce the provisions of Section 440.5, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation.

(b) Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates any provision of Section 440.5 hereof shall be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the Treasurer of the City and County of San Francisco.

(Amended by Ord. 199-86; App. 6/6/86)

SEC. 446. SALE OF BREAD FOR OTHER THAN HUMAN CONSUMPTION.

It shall be unlawful for any person, firm or corporation operating any bakery or place where bread for human consumption is baked for sale to the public, or for any person, firm or corporation who sells or exposes such bread for sale, to knowingly sell or otherwise dispose of any bread for other than human consumption which was wholesome and suitable for such use at the time it was baked and of the standard weight as now established or as may be hereafter established by ordinance of the City and County of San Francisco, until after the expiration of a period of five days from the time such bread was baked.

No bread baked for human consumption which was suitable for such use at the time it was baked and of the standard weight as established by ordinance shall be sold for other than human consumption until such bread has been offered and exposed for sale to the public for human consumption for a period of not less than three days.

Every person, firm or corporation selling or offering for sale any bread for human consumption which at the time of such sale or offering for sale is more than 48 hours old, excepting Sundays or Holidays, shall cause such bread to be indicated as more than 48 hours old either by written or printed label or placard clearly announcing such fact.

SEC. 451. FOOD PREPARATION AND SERVICE ESTABLISHMENT.

(a) "Food preparation and service establishment" as defined in this Section shall mean and include any restaurant, itinerant restaurant, guest house, boardinghouse, special events, school food concessions, bar or tavern, take-out establishment, fast food establishment, catering facility, temporary facility, food demonstration, commissary, pushcart, stadium concession, vending machine, bed and breakfast establishment, private school cafeteria, and hospital kitchen, as those terms are defined herein.

(b) "Restaurant" means any coffee shop, cafeteria, short-order cafe, luncheonette, cocktail lounge, sandwich stand, soda fountain, public school cafeteria or eating establishment, in-plant or employee eating establishment and any other eating establishment, organization, club, including Veterans' Club, boardinghouse, bed and breakfast establishments, guest house, caterer, which gives, sells or offers for sale, food to the public, guests, patrons, or employees as well as kitchens or other food preparation areas in which food is prepared on the premises for serving or consumption on or off the premises, and requires no further preparation and also includes manufacturers of perishable food products that prepare food on the premises for sale directly to the public. The term "restaurant" shall not include itinerant restaurants, cooperative arrangements made by employees who purchase food or beverages for their own consumption and where no employee is assigned full time to care for or operate equipment used in such arrangement, or private homes; nor shall the term "restaurant" include churches, church societies, private clubs or other nonprofit associations of a religious, philanthropic, civic improvement, social, political, or educational nature, which purchase food, food products, or beverages, or which receive donations of food, food products, or beverages for service without charge to their members, or for service or sale at a reasonable charge to their members or to the general public at occasional fundraising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full-time to care for or operate equipment used in such arrangements.

(c) "Itinerant restaurant" means any restaurant, operating from temporary facility, cart or vehicle, except those peddler wagons used for peddling as defined in Section 132(a) and (b) of Part III of the San Francisco Municipal Code, serving, offering for sale, selling or giving away food or beverage, and includes, but is not limited to, facility or vehicle where only wrapped sandwiches or other wrapped and packaged, ready-to-eat foods are served, and any mobile unit on which food is prepared and served.

(d) "Guest house" means any building or portion thereof occupied or intended, arranged, or designed for occupation by 35 or more guests where sleeping rooms and meals are provided to the guests for compensation and shall include "guest house," "residence club," "lodge," "dormitory," "residence cooperative" and any of its variants.

(e) "Boardinghouse" shall mean any building or portion thereof occupied or intended, arranged or designed for occupation by six or more but less than 35 guests where sleeping rooms and meals are provided to the guests for compensation and includes all private institutional type homes where inspection is made by the San Francisco Department of Public Health.

(f) The term "owner" or "owners" as used herein, shall mean those persons, partnerships, or corporations who are financially interested in the operation of a food preparation and service establishment.

(g) An "operator" as used herein shall mean any person engaged in the dispensing of or in assisting in the preparation of food, or a person otherwise employed in a food preparation and service establishment.

(h) "Director" as used herein, shall mean the "Director of Public Health of the City and County of San Francisco," and "Inspectors" shall mean the "Inspectors of the Department of Public Health," administered by said Director. The Director shall be responsible for the administration and enforcement of Sections 451 to 454, inclusive, of this Article and the rules and regulations relating thereto. The Director shall, after a public hearing, prescribe the rules and regulations relating thereto. Said rules and regulations shall be issued in pamphlet form. All such food preparation and service establishments shall be operated, conducted and maintained in accordance therewith.

(i) "Special events" means any organized collection of food purveyors operating individually or collaboratively out of approved temporary or mobile food facilities at a fixed location for a period of time not to exceed 25 days in a 90-day period in conjunction with a single, weekly, or monthly community event as defined in the California Health and Safety Code Section 113895(b).

(j) "School food concessions" means any food preparation, food service or food products intended for consumption by students attending or participating in activities within a school facility.

(k) "Bar or tavern" shall mean any food preparation and service establishment which primarily prepares and/or serves alcoholic beverages.

(l) "Take-out establishment" shall mean any food preparation and service establishment which primarily prepares food for consumption off premises.

(m) "Catering facility" shall mean any food preparation and service establishment which prepares food on a contractual basis within a fixed location for service at another location.

(n) "Temporary facility" shall mean any food preparation and service facility operating out of temporary facilities approved by the Director of Public Health at a fixed location for a period of time not to exceed 25 days in any 90-day period in conjunction with a single event or celebration.

(o) "Food demonstrations" shall mean any food preparation and/or service facility operating out of temporary facilities approved by the Director of Public Health for a period of time not to exceed seven consecutive days for purposes of demonstrating food preparation or equipment.

(p) "Commissary" shall mean any food establishment in which food, containers, equipment, or supplies are stored or handled for use in vehicles, mobile food preparation units, food carts, or vending machines.

(q) "Stadium concession" shall mean any food preparation and/or service facility operating within a stadium, arena, or auditorium with a seating capacity of 25,000 or more.

(r) "Vending machine" shall mean any self-service device, which upon insertion of money or tokens, dispenses food without the necessity of replenishing the device between each vending operation.

(s) "Private school cafeteria" shall mean any food preparation and service facility serving food to faculty and/or students of a school not operated by the San Francisco Unified School District.

(t) "Hospital kitchen" shall mean any food preparation and service facility operating within a hospital that serves food to patients, staff, or the general public.

(u) "Bed and breakfast establishment" shall mean a "restricted food service transient occupancy establishment" as defined in Health and Safety Code Section 113870.

(Amended by Ord. 241-70; App. 7/14/70; Ord. 26-88, App. 1/28/88; Ord. 341-88, App. 7/28/88; Ord. 206-93, App. 6/25/93; Ord. 121-97, App. 4/9/97; Ord. 84-00, File No. 000424, App. 5/12/2000)

SEC. 452. APPLICATIONS FOR PERMITS, ETC.

(a) It shall be unlawful to maintain or operate a food preparation and service establishment within the City and County of San Francisco without having first obtained a permit therefor issued and signed by the Department of Public Health. Any person, partnership or corporation shall, before opening or operating a food preparation and service establishment in the City and County of San Francisco, make an application for a permit in the manner and upon a form provided by the Director, giving the information and particulars required by the Director.

(b) If the applicant for any permit under this Section is a corporation or other business entity, the application shall contain the names of its principal officers and such other particulars as the Director may require.

(c) Before granting the permit the Director shall investigate the facts stated in the application and examine the premises to which the permit shall apply to assure that the applicant is or will be in compliance with the laws, rules and regulations pertaining to the proper operation of a food preparation and service establishment, including the California Uniform Retail Food Facilities Law and the Health Code of the City and County of San Francisco. If the Director determines from its investigation and examination of the premises that the applicant is not in compliance with any or all of the laws, rules and regulations pertaining to the proper operation of a food preparation and service establishment prior to the issuance of a permit, the Director shall allow the applicant a reasonable time within which to comply. The applicant's refusal or neglect to comply in a timely fashion shall be sufficient cause for the Director to deny the application.

(d) Any denial of an application for permit under this section shall be subject to an appeal to the Board of Appeals.

(e) The permit (1) shall set forth the commercial uses permitted and shall be valid until suspended or revoked; (2) shall not be transferable and shall be deemed revoked upon sale, transfer or assignment of the commercial uses for which the permit was issued; and (3) shall at all times be displayed on the premises.

(f) The permit may at any time be suspended or revoked for cause after a hearing by the Department of Public Health. Any determination of suspension or revocation of a permit for cause after a hearing shall be subject to appeal to the Board of Appeals. Upon suspension or revocation, the premises for which the permit was issued shall be posted with the order of the Department.

(g) Applications for temporary permits to operate special events shall be submitted no later than fourteen (14) calendar days prior to the commencement of the event along with the applicable filing fees listed in Section 249.11(c) of the Business and Tax Regulations Code of the City and County of San Francisco. If the application and/or filing fees are submitted less than fourteen (14) calendar days prior to the commencement of the event, the applicant shall pay an additional fifty percent (50%) of the filing fee as a late charge before the application can be processed or approved. Applications and/or fees (including any late charges) which are submitted seven (7) calendar days or less prior to the commencement of the event cannot be processed.

(Added by Ord. 241-70; App. 7/14/70; amended by Ord. 341-88, App. 7/28/88; Ord. 84-00, File No. 000424, App. 5/12/2000)

SEC. 453. DISEASED EMPLOYEES.

No employer shall require, permit or suffer any person to work, nor shall any person work, in a building, room, basement, cellar, place or vehicle, occupied or used for the production, preparation, manufacture, packing, storage, sale, distribution or transportation of food, who is afflicted or affected with or who is a carrier of any venereal disease, smallpox, diphtheria, scarlet fever, yellow fever, tuberculosis, consumption, bubonic plague, Asiatic cholera, leprosy, trachoma, typhoid fever, epidemic dysentery, measles, mumps, German measles, whooping cough, chicken pox, or any other infectious or contagious disease.

SEC. 454. REGULATIONS.

The rules and regulations to be issued by said Director, shall, among other matters, provide for the following:

(a) Suitable ducts in said kitchens and elimination of obnoxious and disagreeable odors from said public eating places;

(b) Suitable hoods for ranges;

(c) Proper ventilation for kitchens and dining rooms;

(d) Basements and storerooms to be dry, clean and sanitary;

(e) Regulation of refrigeration and storage of foodstuffs;

(f) Installation and maintenance of proper sanitary plumbing;

(g) Handling, storage and dispensing of milk;

(h) Receptacles for soiled linen, use of clean linens and laundering thereof;

(i) Methods and manner of dishwashing;

(j) Collection and disposition of garbage and proper receptacle and containers therefor;

(k) Adequate toilet facilities and the location of water closets, dressing rooms, lockers and wash basins;

(l) Cleanliness of the premises, utensils and towels.

SEC. 455. PENALTY.

Any person, firm, association, company or corporation violating any of the provisions of Sections 451 to 454, inclusive, of this Article, shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10 and not in excess of $500, or by imprisonment in the County Jail for a term not exceeding 100 days, or by both such fine and imprisonment.

SEC. 456. FOOD PREPARATION AND SERVICE ESTABLISHMENT DISCLOSURES.

A. "Food preparation and service establishment" is defined in Section 451 and for the purposes of Section 456 et seq. shall include a food preparation and service establishment operating in conjunction with a "food product and marketing establishment" (as defined in Section 440).

B. "Food inspection report" means the written notice prepared and issued by a county environmental health inspector after conducting an inspection of a food preparation and service establishment to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

C. "Symbol" means a representative mark issued by a county environmental health inspector at the conclusion of the routine or scheduled inspection of a food preparation and service establishment. The Symbol shall be issued only to a food preparation and service establishment that scores ninety (90) percent or higher as a total numerical percentage score as set forth in the food inspection report. The character of the Symbol shall be determined by the Director of Health in consultation with San Francisco food preparation and service establishments.

D. "Inspection score card" means a card that indicates the total numerical percentage score for the establishment as determined by a county environmental health inspector and as set forth in the food inspection report.

E. "Notice of closure" means a public notice that may be posted by a county environmental health inspector at a food preparation and service establishment upon suspension or revocation of the establishment's public health permit to operate and that results in the immediate closure of the establishment and the discontinuance of all operations of the food preparation and service establishment, by order of a county environmental health inspector, because of violations of applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

F. "Routine inspection" means a periodic, unannounced inspection of a food preparation and service establishment to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A routine inspection shall not mean an inspection conducted by a county environmental health inspector to determine compliance with a previously issued food inspection report or any interim inspection conducted to determine compliance with specific regulations or legal requirements.

(Added by Ord. 81-04, File No. 040092, App. 5/20/2004)

SEC. 456.1. POSTING REQUIREMENTS– PENALTY FOR NONCOMPLIANCE– DOCUMENTS AVAILABLE FOR PUBLIC REVIEW.

A. Upon issuance of a Symbol by a county environmental health inspector, the food preparation and service establishment shall post the Symbol on the premises of the establishment so as to be clearly visible to patrons of the establishment.

B. Food preparation and service establishments that are not issued Symbols by a county environmental health inspector shall not post the Symbol on the premises of the establishment.

C. Food preparation and service establishments, whether issued Symbols or not, must make the inspection score card and the inspection report available to the general public and patrons for review upon request. In addition, establishments must post the inspection report on the premises so as to be clearly visible to patrons of the establishment. Posting of the inspection report shall not be required of "food preparation and service establishments" defined in Section 451(i, m, n, o, p, or r).

D. The Health Department shall strive to make all current inspection reports of food preparation and service establishments available on the Department's website as soon as is practicable.

E. Once required to be posted, the Symbol and the inspection report shall not be defaced, marred, camouflaged, hidden or removed until superceded. It is unlawful to operate a food preparation and service establishment unless the inspection score card, the Symbol, and the inspection report are in place as set forth hereunder. Removal of the inspection score care, the Symbol, or the inspection report from their required place on the premises is a violation of Section 456 et seq. and may result in the suspension or revocation of the public health permit to operate and shall be punishable as specified in Section 456.

F. Every food preparation and service establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establishment: Any public health concerns regarding this establishment should be directed to the City and County of San Francisco Department of Public Health, Environmental Health Section located at: (local office address and telephone number to be provided by a county environmental health inspector).

G. The food inspection report upon which the current Symbol and the current inspection score card are based shall be maintained at the food preparation and service establishment and shall be available to the general public and to patrons for review upon request. The food preparation and service establishment shall keep the current food inspection report until such time as a county environmental health inspector completes the next routine or scheduled inspection of the establishment and issues a new food inspection report.

(Added by Ord. 81-04, File No. 040092, App. 5/20/2004)

SEC. 456.2. SYMBOL AND INSPECTION SCORE CARD– PERIOD OF VALIDITY.

A. A Symbol, an inspection score card, or both, shall remain valid until a county environmental health inspector completes the next routine or scheduled inspection of the food preparation and service establishment. After a routine inspection, the owner of a food preparation and service establishment may request that the Health Department conduct a scheduled inspection to revise the inspection score. The Health Department shall respond to the request as soon as is practicable.

(Added by Ord. 81-04, File No. 040092, App. 5/20/2004)

SEC. 456.3. PUBLIC HEALTH PERMIT SUSPENSION OR REVOCATION– NOTICE OF CLOSURE.

A. A county environmental health inspector, in his or her discretion, may immediately close any food preparation and service establishment which, upon completion of a routine or scheduled inspection, does not achieve the lowest satisfactory inspection report score as determined by the Director of Health. Nothing in this provision shall prohibit a county environmental health inspector from immediately closing any food preparation and service establishment if, in his or her discretion, immediate closure is necessary to protect the public health.

B. Upon issuance of a written notice of suspension or revocation of the public health permit to operate by a county environmental health inspector, he or she shall post a notice of closure at the food preparation and service establishment so as to be clearly visible to the general public and to patrons.

C. Upon issuance of the written notice of suspension or revocation of the public health permit to operate by a county environmental health inspector, the food preparation and service establishment shall immediately close to the general public and to patrons and shall discontinue all operations until the public health permit to operate has been reissued or reinstated by order of a county environmental health inspector or until the establishment no longer operates as a food preparation and service establishment.

D. The notice of closure shall remain posted until removed by a county environmental health inspector. Removal of the notice of closure by any person other than a county environmental health inspector or the refusal of a food preparation and service establishment to close upon issuance of the written notice of suspension of the public health permit to operate is a violation of Section 456 et seq. and may result in the suspension or revocation of the food preparation and service establishment's public health permit to operate and shall be punishable as specified in Section 456.4.

(Added by Ord. 81-04, File No. 040092, App. 5/20/2004)

SEC. 456.4. PENALTIES.

A. Any person violating any of the provisions of Section 456 et seq., inclusive, of this Article on more than three occasions within a twelve month period, shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10 and not in excess of $500, or by imprisonment in the County Jail for a term not exceeding 100 days, or by both such fine and imprisonment.

B. Any firm, association, company or corporation violating any of the provisions of Section 456 et seq., inclusive, of this Article shall be subject to administrative penalties imposed by the Director of Health. The Director may assess an administrative penalty not exceeding fifty dollars ($50) for a first violation; not exceeding one hundred dollars ($100) for a second violation; and not exceeding two hundred dollars ($200) for the third and each subsequent violation.

C. Before imposing an administrative penalty, the Director must serve upon the firm, association, company or corporation with a notice of initial determination. The notice shall state the proposed administrative penalty and the basis for the Director's initial determination, including the alleged acts or failures to act that constitute a basis for the administrative penalty. The notice shall inform the firm, association, company or corporation that it has the right to request administrative review of the penalty within fifteen (15) days of receipt of the notice.

D. If no request for review of the Director's decision is filed with the Health Department within the appropriate period, the decision shall be deemed final and shall be effective fifteen (15) days after the notice of initial determination was served on the firm, association, company or corporation. The Director shall issue an Order imposing an administrative penalty and serve it upon the party served with the notice of initial determination. Payment of any administrative penalty is due within 30 days of service of the Director's Order. Any administrative penalty assessed and received in an action brought under this Article shall be paid to the Treasurer of the City and County of San Francisco. The firm, association, company or corporation against whom an administrative penalty is imposed also shall be liable for the costs and attorney's fees incurred by the City and County of San Francisco in bringing any civil action to enforce the provisions of this section, including obtaining a court order requiring payment of the administrative penalty.

E. If the firm, association, company or corporation files a timely request for review of the Director's decision with the Health Department, the Director shall conduct a hearing. Within fifteen (15) days of receipt of the request, the Director shall notify the requestor of the date, time, and place of the hearing. Such hearing shall be held no later than thirty (30) days after the Director receives the request, unless time is extended by mutual agreement of the affected parties. The Director may adopt rules and regulations regarding the hearing procedures.

F. Following the hearing, the Director shall serve written notice of the Director's decision on the firm, association, company or corporation. If the Director's decision is that the firm, association, company or corporation must pay an administrative penalty, the notice of decision shall state that the recipient has ten (10) days in which to pay the penalty. Any administrative penalty assessed and received in an action brought under this Article shall be paid to the Treasurer of the City and County of San Francisco. The firm, association, company or corporation against whom an administrative penalty is imposed also shall be liable for the costs and attorney's fees incurred by the City and County of San Francisco in bringing any civil action to enforce the provisions of this section, including obtaining a court order requiring payment of the administrative penalty.

G. The Director of Health may appoint a designee to perform the Director's functions and responsibilities under Section 456.4.

(Added by Ord. 81-04, File No. 040092, App. 5/20/2004)

SEC. 456.5. BOARD REVIEW– HEARING.

A Committee of the Board of Supervisors shall hold a hearing concerning the implementation of Section 456 et seq. before July 1, 2005.

(Added by Ord. 81-04, File No. 040092, App. 5/20/2004)

SEC. 456.6. ENFORCEMENT OF SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 AND ITS IMPLEMENTING REGULATIONS; REQUIREMENT THAT WARNINGS BE PROVIDED IN ENGLISH, SPANISH, AND CHINESE.

(a) The Department of Public Health shall enforce the Safe Drinking Water and Toxic Enforcement Act of 1986 (California Health and Safety Code Chapter 6.6, added by Proposition 65 1986 General Election) and its implementing regulations (California Code of Regulations, Title 22, Section 12000 et seq.) by:

(1) Inspecting food product and marketing establishments defined in Section 440 and food preparation and service establishments defined by Section 451 to determine whether these establishments are in compliance with the warning requirements of the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations pertaining to exposure to chemicals known to the State of California to cause cancer, birth defects or other reproductive harm;

(2) Serving notices requiring the correction of any violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 or its implementing regulations; and

(3) Calling upon the City Attorney or the District Attorney to maintain an action for violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 or its implementing regulations, to cause correction of such violation, and for assessment and recovery of civil or criminal remedies for such violation.

(b) Written warnings required to be provided by food product and marketing establishments and food preparation and service establishments under the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations or any existing settlements and consent judgments pertaining to lawsuits filed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations shall be made in English, Spanish and Chinese. Written warnings in Spanish and Chinese shall comply with the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations and any existing settlements and consent judgments pertaining to lawsuits filed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations and be provided in the same manner as the warnings in English, including but not limited to location, size, and font of the warning message.

(Added by Ord. 250-05, File No. 050253, App. 11/10/2005)

SEC. 460. ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AND FOOD AND FURNISHING ENTERTAINMENT DEFINED.

The establishments referred to in Section 460 to 466, inclusive, of this Article, are hereby defined to be any place, room, or space, upon or within any building or structure, where any alcoholic beverage and food of any kind or character is served, and where theatrical, operatic, vaudeville or dancing performance, or any combination of such performance, is conducted or permitted upon the floor, a platform, or a stage, upon or within said place, room or space.

SEC. 461. PERMITS.

It shall be unlawful for any person, firm or corporation to conduct or maintain any such establishment in the City and County of San Francisco without first obtaining a permit therefor from the Department of Public Health. No such permit shall be issued by the Department of Public Health until the issuance of the same has been approved by the Department of Electricity, the Bureau of Building Inspection of the Department of Public Works and the Bureau of Fire Prevention and Public Safety.

SEC. 462. APPLICATION– INVESTIGATION, ETC.

Application for said permit shall be made to the Department of Public Health, which said application shall state the proposed location of said establishment, the character of the building in which the same is proposed to be conducted or maintained, and a detailed plan of the premises contemplated to be occupied by the applicant, as well as the number of patrons to be accommodated at any time in said establishment. Upon receipt of said application the Department of Public Health shall forthwith send copies thereof to the Department of Electricity, the Bureau of Building Inspection of the Department of Public Works and the Bureau of Fire Prevention and Public Safety. It shall be the duty of each of the said bureaus and departments, upon receipt of said application, to investigate the condition of the premises in which said establishment is proposed to be maintained in so far as said conditions come under the jurisdiction of the said respective bureaus and departments, and, upon the completion of said investigation, to approve or disapprove the granting of said permit. In the event of the disapproval of the application by any of said bureaus or departments, said application for said permit shall be denied.

SEC. 463. APPLICATION, EXISTING ESTABLISHMENTS.

Any person, firm or corporation conducting or maintaining such establishment in the City and County of San Francisco on the 5th day of November, 1936, shall make immediate application to the Department of Public Health for a permit to continue the maintenance and conduct of said establishment.

SEC. 464. GROUNDS FOR PERMIT REVOCATIONS– PROCEDURE.

Any violation of any existing laws of the City and County of San Francisco, shall constitute and shall be so construed as to be sufficient reason for the revocation of any permit. Any permit issued pursuant to the provisions of Sections 460 to 466, inclusive, of this Article, may be revoked by the Department of Public Health for cause upon application of any one or more of the Departments or Bureaus whose approval was first necessary for the issuance of the permit, after due hearing shall be first had therein; and reasonable notice shall be given to the person, firm or corporation charged with the said violation, and of the time, place and date set for the hearing on the revocation of said permit.

SEC. 465. DISCRETION OF OFFICERS, ETC.

Whenever any discretion as to the operation, construction or equipment of any such establishment by Sections 460 to 466, inclusive, of this Article, is given to any officer, board, bureau, department or commission, the said officer, board, bureau, department or commission shall exercise said discretion only in so far as the same is necessary for the safety of the patrons and employees and other persons frequenting said establishment.

SEC. 466. OTHER LAWS, RULES AND REGULATIONS.

All existing laws of the City and County of San Francisco, and all rules and regulations of the Department of Public Health, relative to the keeping, preparation and serving of food and alcoholic beverages in restaurants or other places open to the public shall apply to such establishments; and no such establishment shall permit dancing therein without a permit from the Police Department of the City and County of San Francisco.

SEC. 467. FOOD VENDING MACHINES.

(a) "Food vending machine" means any self-service device which, upon insertion of a coin, coins, or token, or by similar means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation, that in operating has food product contact surfaces or dispenses foods of a perishable nature, including wrapped sandwiches or pastry goods, but not including devices dispensing peanuts, wrapped candy, gum, bottled beverage or ice exclusively.

(b) Every person, firm or corporation in the business of operating a food vending machine, or food vending machines, as defined in Subsection (a) of this Section, within the City and County of San Francisco, on or after October 1, 1970, must file an application for a permit on a form provided by the Health Department.

The permit shall be valid until suspended or revoked. Said permit shall not be transferable and shall be deemed revoked upon sale or transfer of the business for which it was issued.

Prior to the use and operation of any vending machine by a permittee, said permittee shall pay the fee prescribed in Section 249.12(b) of Part III of the San Francisco Municipal Code and obtain from the Health Department a decal. Upon receipt of said decal, the permittee shall enter upon it the serial number of the vending machine and post said decal on the front panel of the vending machine. The serial number of the vending machine operated shall correspond to the number entered upon the decal.

Any food vending machine that is found to be insanitary, malfunctioning or unposted with the required decal shall be sealed by an Inspector of the Health Department and shall only be removed by said Inspector.

(c) All food vending machine operators shall supply quarterly, on a form approved by the Health Department, certified copies of machine inspection reports made by their supervisory personnel and total number of machines currently in operation.

(Added by Ord. 241-70, App. 7/14/70)

SEC. 468. PURPOSE.

The purpose of Sections 468 through 468.8 is to provide consumers with information about the nutritional components of Food prepared, purchased, and eaten outside the home. Consumers must have basic nutritional information readily available in order to make informed choices about the Food that they, and their children and dependants, eat. These sections require Chain Restaurants to provide consumers with specific nutritional information on Menu Items, such as calorie content, so that consumers may be better able to make nutritional choices consistent with their health needs. Furthermore, ensuring informed food choices supports societal public health goals of preventing obesity, diabetes, and other avoidable nutrition-related diseases.

(Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

SEC. 468.1. FINDINGS.

The Board of Supervisors hereby finds and declares as follows:

Chronic diseases and obesity are concurrent, serious and growing public health crises affecting states and localities across the country. In California and the City and County of San Francisco, the two epidemics are among the greatest public health challenges, as evidenced by the following:

Chronic diseases, including cardiovascular disease, diabetes, hypertension, cancer, asthma, are the leading cause of death and disability in San Francisco and California;

Seventy percent of all U.S. deaths are attributable to chronic disease;

Hypertension and diabetes are the leading reasons for San Francisco Department of Public Health primary care clinic visits;

Obesity rates have doubled in children and tripled in teenagers over the past twenty years;

The rate at which obesity is increasing in California is among the fastest in the country;

One-third of California children, one-fourth of California teenagers, and one-half of California adults are either overweight or obese;

Fifty percent of overweight children and teenagers remain overweight as adults;

Over half of Californians are at greater risk for heart disease, type-2 diabetes, high blood pressure, stroke, arthritis-related disabilities, depression, sleep disorders, and some cancers because of increasing obesity rates;

In San Francisco, 43% percent of adults are overweight or obese and 24% of school-age children are overweight or obese.

The burden of increasing overweight and obesity and accompanying chronic diseases manifests itself in premature death and disability, health care costs, and lost productivity. Obesity greatly increases the risk of chronic diseases such as high cholesterol, high blood pressure, asthma, and type-2 diabetes. 22% of San Franciscans have high blood pressure and 6.5% of San Franciscans have diabetes. Heart disease is the leading cause of death in San Francisco. The financial cost of chronic disease and obesity is evidenced by the following:

Health care costs rose nearly two billion dollars in inflation adjusted dollars between 1987 and 2000. Fifteen conditions including diabetes, hypertension, heart disease, cerebrovascular disease accounted for more than half the overall growth;

Medicare costs for those who were obese when they were middle aged are roughly twice as great as those who were at ideal weight;

In 2005, California's costs related to obesity; overweight, and lack of physical activity were projected to reach $28 billion for health care and lost work productivity;

The indirect and direct costs of adult obesity in America are between $69 and $117 billion each year;

If 10% of currently obese or overweight Californians were to reach and maintain a healthy weight over a five-year period, savings would amount to $13 billion;

Obesity-related expenditures are thought to have accounted for more than 25% of the increase in national health care spending between 1987 and 2001;

The San Francisco Department of Public Health estimates that the obesity epidemic costs San Francisco $192 million a year in medical expenses, lost productivity and workers' compensation. The estimated costs to the Department for diabetes for the year 2005 was $25 million.

The rise in obesity rates has coincided with Americans eating more meals outside of the home. Such meals contribute to the growing rate of obesity, as evidenced by the following:

In 1970, Americans spent just 26% of their food dollars on restaurant meals and other foods prepared outside the home. Today, Americans spend 47.9% of their food dollars on away-from-home foods;

Between 1972 and 1997, the per capita number of fast-food restaurants doubled, and the per-capita number of full-service restaurants rose by 35%;

The increase in per capita restaurants accounts for 65% of the increase in the percentage of those who are obese;

About one-third of the calories in an average American's diet come from restaurant or other away-from-home foods;

On average, children and youth aged 11– 18 visit fast food outlets of twice a week;

Studies have shown a positive association between eating out and higher caloric intakes and higher body weights;

Children eat almost twice as many calories (770) when they eat a meal at a restaurant as they do when they eat at home (420);

Restaurant foods are generally higher in those nutrients for which over consumption is a problem, such as fat and saturated fat, and lower in nutrients required for good health, such as calcium and fiber;

It is not uncommon for a restaurant entree to provide half of a day's calories, saturated and trans fat, or sodium;

Portion sizes are often large at restaurants and people tend to eat greater quantities of food when they are served more, whether or not they are hungry;

Observational studies have shown that people who frequently consume food away from home tend to weigh more.

Without nutrition information, consumers consistently underestimate the nutritional content of restaurant foods, as evidenced by the following:

In a California field poll about the nutritional value of typical fast food and restaurant menu items, not a single respondent was able to answer all four questions correctly. Less than 1% answered three out of four questions correctly, and only 5% answered two out of four questions correctly. Nearly 68% were not able to answer a single question correctly;

An FDA-commissioned report concluded that without access to nutritional information, consumers are not able to assess the caloric content of foods;

One study illustrated that restaurant foods contain almost twice the number of calories estimated by consumers;

Another study showed that even trained nutrition professionals consistently underestimate the calorie content of restaurant foods by 200 to 600 calories;

The public's knowledge of the nutritional content of restaurant foods is incomplete, especially compared to pre-packaged foods. Moreover, the fact that chain restaurants' serving sizes are so varied and large, and their prices are so low, can mislead and even deceive the public regarding the amount of an actual serving size and how many calories a portion contains.

When nutrition information is provided, consumers use it to make healthier choices, as evidenced by the following:

Three-quarters of American adults report using nutritional labels on packaged foods;

Studies show that the use of food labels is associated with eating more healthful dies;

Almost half of consumers report that the information provided on food labels has caused them to change their mind about buying a food product;

With nutrition information, consumers are 24%– 37% less likely to select high-calorie items.

The Federal Nutrition Labeling and Education Act requires food manufacturers to provide nutrition information on nearly all packaged foods, but explicitly exempts restaurants from that requirement.

The current system of voluntary nutritional disclosures by restaurants is inadequate. Approximately two-thirds of the largest chain restaurants fail to provide any nutritional information about their menu item to customers. Those that do provide such information often do not do so at the point of sale, but rather on websites or in brochures available only by request.

Competition within the food service industry is healthy and desirable but cannot lead to healthier food options when consumers are not able to make choices based upon the nutritional value of the food offered.

84% of Californians are in favor of nutritional labeling in restaurants. The United States Surgeon General, the Food and Drug Administration, the National Academies' Institute of Medicine, and the American Medical Association have all recommended nutritional labeling of restaurant food as a strategy to address rising obesity rates.

The aforementioned findings are based on studies referenced in the "Statement of Legislative Findings," a copy of which is on file with the Clerk of the Board of Supervisors in File No. ________ and is incorporated herein by reference.

Therefore, it is the intent of the Board of Supervisors, in enacting this ordinance to provide consumers with basic nutritional information about prepared Foods sold at Chain Restaurants so that consumers can make informed Food choices; and to foster fairness and encourage beneficial competition among the Chain Restaurants of the City and County of San Francisco.

(Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

SEC. 468.2. DEFINITIONS.

(a) "Chain Restaurant" means a Restaurant within the City and County of San Francisco that offers for sale substantially the same Menu Items, in servings that are standardized for portion size and content, and is one of a group of 20 or more Restaurants in California that either: (1) operate under common ownership or control; or (2) operate as franchised outlets of a parent company, or (3) do business under the same name.

(b) "Director" shall mean the Director of Health, or his designated agents or representatives.

(c) "Food" means any substance in whatever form for sale in whole or in any part for human consumption such as, for example, meals, snacks, desserts, and beverages of all kinds.

(d) "Food Tag" shall mean a label or tag that identifies any Food item offered for sale at a Chain Restaurant, such as, for example, a label placed next to a cherry pie showing a picture of a cherry and listing the price per slice.

(e) "Menu" means any list of Food offered for sale at a Restaurant including menus distributed or provided outside of the Restaurant, but does not include a Menu Board.

(f) "Menu Board" means any list or pictorial display of Food offered for sale at a Restaurant that is posted in a Restaurant and intended for shared viewing by multiple customers such as, for example, back-lit marquee signs above the point of sale at fast-food outlets and chalk boards listing offered Food items or any list of Food offered for sale at a Restaurant that is posted and intended for viewing by customers purchasing Food to go, such as, for example, a drive-through menu.

(g) "Menu Item" means an item described on a Menu, a Menu Board, or a Food Tag that is prepared, un-prepackaged Food; and also means a combination item appearing on a Menu, a Menu Board, or a Food Tag such as, for example, a "kids meal," that contains any prepared, un-prepackaged Food, such as a hamburger, and any prepackaged Food, such as a carton of milk.

(h) "Restaurant" means a facility at which any prepared, un-prepackaged Foods are offered for sale and consumption on or off the premises such as, for example sit-down restaurants; cafes; coffee stands; and fast-food outlets, but not grocery stores. "Restaurant" may also include separately owned food facilities that are located in a grocery store but does not include the grocery store.

(Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

SEC. 468.3. MENU LABELING REQUIRED AT CHAIN RESTAURANTS.

(a) Required Nutritional Information. Except as provided in Subsection (h), each Chain Restaurant shall make nutritional information available to consumers for all Menu Items. This information shall include, but not be limited to, all of the following, per Menu Item, as usually prepared and offered for sale:

(1) Total number of calories;

(2) Total number of grams of saturated fat;

(3) Total number of grams of carbohydrates; and

(4) Total number of milligrams of sodium.

(b) Information on Menus.

(1) Each Chain Restaurant that uses a Menu shall provide the nutritional information required by subsection (a) next to or beneath each Menu Item using a size and typeface that is clear and conspicuous.

(2) Each Chain Restaurant that uses a Menu shall include the following statement on the Menu in a clear and conspicuous manner: "Recommended limits for a 2,000 calorie daily diet are 20 grams of saturated fat and 2,300 milligrams of sodium."

(c) Information on Menu Boards.

(1) Each Chain Restaurant that uses a Menu Board shall provide on the Menu Board the nutritional information required by Subsection (a)(1) next to or beneath each Menu Item on the Menu Board using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the Menu Item.

(d) Information on Food Tags. Each Chain Restaurant that uses a Food Tag shall provide on the Food Tag the nutritional information required by subsection (a)(1) using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the Menu Item.

(e) Range of nutritional information for different flavors and varieties. If a Chain Restaurant offers a Menu Item in more than one flavor or variety (such as beverages, ice cream, pizza, or doughnuts) and lists the item as a single Menu Item, the range of values for the nutritional information for all flavors and varieties of that item (i.e., the minimum to maximum numbers of calories) shall be listed for each size offered for sale.

(f) Disclaimers. Menus, Menu Boards, and Food Tags may include a disclaimer that indicates that there may be minimal variations in nutritional content across servings, based on slight variations in overall size and quantities of ingredients, and based on special ordering.

(g) Verifiable and Reliable Information Required.

(1) The nutrition information required by this section and Section 468.4 shall be based on a verifiable analysis of the Menu Item, which may include the use of nutrient databases, cookbooks, laboratory testing, or other reliable methods of analysis.

(2) A Restaurant is in violation of this section and Section 478.4 if the provided nutritional information required by these sections:

(i) Is not present in the location or in the form required by these sections:

(ii) Is different than what the Restaurant knows or believes to be the true and accurate information; or

(iii) Deviates from what actual analysis or other reliable evidence shows to be the average content of a representative sample of the Menu Item by more than 20%.

(h) Food Items Excluded. This section and section 468.4 shall not apply to:

(1) Items placed on the table or at a counter for general use without charge, such as, for example, condiments:

(2) Alcoholic beverages; and

(3) Items that are on the Menu, Menu Board or Food Tag for less than 30 days in a calendar year.

(Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

SEC. 468.4. NUTRITION INFORMATION REQUIRED TO BE DISCLOSED ON DISCLOSURE MEDIA OTHER THAN MENUS, MENU BOARDS AND FOOD TAGS.

(a) Each Chain Restaurant shall make the following nutrition information available to consumers per Menu Item, as usually prepared and offered for sale, on the disclosure media provided for in subsection (c): calories, protein, carbohydrates, total fat, saturated fat, trans fat cholesterol, fiber and sodium. The nutrition information shall consist of the following items:

(1) A heading titled "Nutrition Information" or equivalent heading acceptable to the Department of Public Health.

(2) The nutritional information required by Section 468.3(a).

(3) Protein, fiber, total fat, and trans fat shall be expressed to the nearest gram per serving.

(4) Cholesterol shall be expressed to the nearest milligram per serving.

(b) Customers must be able to obtain nutrition information without the necessity of purchasing food.

(c) The information required by subsection (a) must be disclosed, in a size and typeface that is clear and conspicuous, on a printed poster of a size no smaller than eighteen (18) inches by twenty-four (24) inches, displayed in a conspicuous place and readily visible to customers either: (1) at the point of sale; (2) near the front door; (3) on or near the host/hostess desk or reception area; or (4) at any point in or near the entryway or waiting area of the restaurant.

(Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

SEC. 468.5. REPORTING REQUIREMENTS.

By July 1, 2008, and July 1st of every year thereafter, Chain Restaurants shall report to the Department of Public Health the information required by Sections 468.3 and 468.4 in an electronic format determined by the Department. The Department shall make this information available to the public.

(Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

SEC. 468.6. PENALTIES AND ENFORCEMENT.

(a) Cumulative Remedies. The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity.

(b) Administrative Remedies. The Director may enforce the provisions of Sections 468.3 through 468.5 by serving a Notice of Violation requesting a Chain Restaurant to appear at an administrative hearing before the Director at least 20 days after the Notice of Violation is mailed. At the hearing, the Chain Restaurant cited with violating the provisions of these sections shall be provided an opportunity to refute all evidence against it. The Director shall oversee the hearing and issue a ruling within 20 days of its conclusion. The Director's ruling shall be final. If the Director finds that a Chain Restaurant has violated any of the provisions of Sections 468.3 through 468.5 or refuses to comply with these sections, the Director may order either of the following penalties:

(1) Suspension or revocation of the permit issued by the Director pursuant to Sections 451 et seq. of this Code; or

(2) An administrative fine in an amount (1) not exceeding one hundred dollars ($100.00) for a first violation; (2) not exceeding two hundred dollars ($200.00) for a second violation within one year; (3) not exceeding five hundred dollars ($500.00) for each additional violation within one year. In assessing the amount of the administrative penalty, the Director shall consider any one or more of the relevant circumstances presented by any of the parties to the hearing, including but not limited to the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the Chain Restaurant's misconduct, and the Chain Restaurant's assets, liabilities, and net worth. Any penalty assessed and recovered pursuant to this paragraph shall be paid to the City Treasurer and credited to the Department Environmental Health Section Special Revenue Account.

(c) Civil Penalties. Violations of Sections 468.3 through 468.5 are subject to a civil action brought by the City Attorney, punishable by a civil fine not less than two hundred fifty dollars ($250.00) and not exceeding five hundred ($500.00) per violation. Unless otherwise specified in this section, each day of a continuing violation shall constitute a separate violation. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the City Treasurer and credited to the Department Environmental Health Section Special Revenue Account.

(d) Action for Injunction. The City Attorney may bring a civil action to enjoin a violation of Sections 468.3 through 468.5.

(e) Aiding and Abetting. Causing, permitting, aiding, abetting, or concealing a violation of any provision of Sections 468.3 through 468.5 shall also constitute a violation of this ordinance.

(f) Enforcement Agency. The Department of Public Health shall supervise compliance with Sections 468.3 through 468.5 and shall enforce those sections. Notwithstanding, any other person legally permitted under federal law, under state law, under Sections 468.3 through 468.5, or under other provisions of this Code to enforce a provision of these sections may enforce that provision. Such persons may include, for example: peace officers; code enforcement officials; and City officials, employees, and agents.

(g) Fees. In order to implement the requirements set forth in this ordinance, the Department of Public Health is hereby authorized to impose a surcharge of $350.00 for the permit issued to Chain Restaurants pursuant to Sections 451 et seq. of this Code.

(Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

SEC. 468.7. SEVERABILITY.

It is the intent of the Board of Supervisors to supplement applicable State and Federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The Board of Supervisors hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

(Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

SEC. 468.8. OPERATIVE DATE.

The disclosure requirements set forth in Sections 468.3(b) (Menus), 468.3(d) (Food Tags), and 468.4(c) (Posters), shall become operative ninety (90) days after the effective date of this ordinance. The disclosure requirements set forth in Section 468.3(c) (Menu Boards) shall become operative one hundred and fifty (150) days after its effective date.

(Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

Secs. 469– 469.10. Reserved.

Editor's note: Ordinance 295-06, File No. 060944, Approved November 29, 2006, repealed sections 469 through 469.10, which pertained to: Chlorofluorocarbon Processed Food Packaging– Findings; Definitions; Prohibition on Use of Chlorofluorocarbon Processed Food Packaging; Food Packaging– Proof of Compliance; Exceptions; Food Packaging– Existing Contracts; Penalties and Enforcement; City and County Purchases Prohibited; Conflict With Other Laws; Promoting Purposes of Legislation; and Severability. The user's attention is directed to the Environmental Code, Sections 1601– 1611.

SEC. 470.1. ESTABLISHMENT AND MEMBERSHIP OF FOOD SECURITY TASK FORCE.

(a) Food Security Task Force. There is hereby established a Food Security Task Force of the City and County of San Francisco. Food security, for purposes of this ordinance, shall mean the state in which all persons obtain a nutritionally adequate, culturally acceptable diet at all times through local non-emergency sources.

(b) Membership. The Task Force shall consist of up to 12 members as provided below. Voting members, other than department representatives and the School District representative, shall serve at the pleasure of the Board of Supervisors.

(1) Voting Members. The Board of Supervisors shall appoint one voting member from the Department of Human Services of the Human Service Agency, the Department of Aging and Adult Services of the Human Services Agency, the Department of Public Health, the Department of Children, Youth and their Families, the Mayor's Office on Community Development, and the Recreation and Park Department. The Clerk of the Board of Supervisors shall invite the San Francisco Unified School District to submit a representative for appointment by the Board as a voting member of the Task Force.

In addition, the Board may appoint as voting members of the Task Force up to four representatives of community-based organizations that provide nutritional support and increase the food security of San Francisco residents. Such community members may include but are not limited to representatives from the San Francisco Food Bank or St. Anthony's Foundation. No organization shall have more than one representative on the Task Force.

Members other than department representatives shall serve at the pleasure of the Board of Supervisors.

(2) Non-Voting Members. The Task Force shall invite federal agencies, such as the United States Department of Agriculture, Food and Nutrition Services, to send a representative to sit as a non-voting member of the Task Force.

(c) Staffing. The Department of Public Health, Nutrition Services, shall provide clerical assistance and logistical support to the Task Force and its committees.

(d) Purposes of Task Force; Strategic Plan. The Food Security Task Force shall recommend to the Board of Supervisors legislative action and city-wide strategies that would increase participation in federally funded programs such as the Food Stamp program, Summer Food Service, the Child and Adult Care Food Program, the Homeless Children Nutrition Program, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch Program and the National School Breakfast Program. The Task Force shall also provide general advice and assistance to the Board of Supervisors with regard to funding priorities, legislative action, and city policies on addressing hunger and enhancing the food security of San Francisco residents in addition to any other issues within the Task Force's expertise.

To accomplish these goals, the Food Security Task Force shall prepare a written, comprehensive, and coordinated strategic plan setting forth its recommendations and suggestions on implementation. The Task Force shall submit the plan to the Board of Supervisors within twelve months after the first meeting of the Task Force. The Board of Supervisors may adopt legislation to support the plan.

Thereafter, the Task Force shall submit status reports on progress toward implementing the plan and meeting the plan's goals to the Board bi-annually.

(Added by Ord. 206-05, File No. 050741, App. 8/12/2005; Ord. 19-08, File No. 071668, App. 2/15/2008)

SEC. 470.2. SUNSET PROVISION.

One year after the passage of this ordinance, the Food Security Task Force shall submit a recommendation to the Board of Supervisors on whether the Task Force should continue in operation. Unless the measure creating the Task Force is reauthorized and extended by the Board by resolution prior to January 31, 2009, Sections 470.1 and 470.2 shall expire by operation of law and the City Attorney shall cause those sections to be removed from future editions of the Code.

(Added by Ord. 206-05, File No. 050741, App. 8/12/2005; Ord. 19-08, File No. 071668, App. 2/15/2008)