University of Virginia Library

CHAPTER 13.

Food and Food Establishments.[18]

Article I. In General.

         

§ 1.	Protection from flies, dust and dirt; exposing on street or sidewalk.
§ 2.	Spoiled, diseased, adulterated or misbranded foodstuffs.
§ 3.	Vegetables grown on soil impregnated with human excrement.
§ 4.	Handling and sale of meats, fowl, etc.; permit to sell meat not inspected at abattoir.
§ 5.	Wrapping bakery products.

Article II. Food Establishments.

                                                         

§ 6.	Definitions.
§ 7.	Permits—To operate restaurant; posting; fee.
§ 8.	Same—For employees.
§ 9.	Examination and condemnation of unwholesome food or drink.
§ 10.	Health officer to enforce article; inspections.
§ 11.	Notification of disease.
§ 12.	Procedure when infection suspected.
§ 13.	Floors.
§ 14.	Walls and ceilings.
§ 15.	Lighting.
§ 16.	Ventilation.
§ 17.	Toilets; posting handwashing signs.
§ 18.	Water supply.
§ 19.	Personal cleanliness of employees; washing hands, etc.
§ 20.	Washing facilities for employees.
§ 21.	Screening; self-closing doors, etc.
§ 22.	Construction of utensils and equipment.
§ 23.	Eating and drinking utensils—Dishwashing equipment.
§ 24.	Same—Methods of bactericidal treatment.
§ 25.	Same—Storing and handling; single-service utensils.
§ 26.	Disposal of wastes.
§ 27.	Refrigeration.
§ 28.	Milk and cream.
§ 29.	Storage and display of food and drink.
§ 30.	Cleanliness generally; use of rooms for domestic purposes; dressing rooms; soiled linen, etc.
§ 31.	Materials used for cleaning or polishing utensils.
§ 32.	Tables, shelves and napkins.
§ 33.	Vermin and rodent control methods.
§ 34.	Penalty; revocation of permit.

Article I. In General.

Sec. 1. Protection from flies, dust and dirt; exposing on
street or sidewalk.

Food in the process of manufacture, preparation, and packing,
and when stored, on sale, or offered for sale shall be securely protected
from flies, dust and dirt; and food ready for consumption
without further preparation, maintained or offered for sale or
exchange, shall be covered by some permanent means, such as
glass, wood, metal or other suitable materials, in such manner or
means as to adequately protect same from dirt, dust and other
contamination. The use of newspapers, old sacks, unclean paper
or any paper that has been formerly used as an outside or
inside wrapping of articles of food is hereby prohibited. No
food, meat or other food article shall be exposed on the sidewalks
or streets, except as may be necessary in transporting from one
place to another. (Code 1932, § 398.)

Sec. 2. Spoiled, diseased, adulterated or misbranded
foodstuffs.

Whenever any health, sanitary, police or other officer of the
health department of the city shall find in any food establishment
or other place any rotten, diseased, unwholesome, adulterated or
misbranded foodstuffs, substances or articles intended for human
food or drink, it shall be the duty of such officer or agent to notify
the owner, manager or person in charge of such articles to remove
such foodstuffs or articles to some proper place and destroy
the same in the presence of said officer or agent, or such officer
or agent may seize such foodstuffs or articles and destroy them;
provided, that said officer or agent may retain any amount desired
for examination or use as evidence in any prosecution under this
section. All containers in which spoiled food has been placed shall
be thoroughly cleansed before a second use. (Id. § 409.)

Sec. 3. Vegetables grown on soil impregnated with human
excrement.

It shall be unlawful for any person, after notification by the
health officer, to offer for sale or sell vegetables that have grown
on soil that has been impregnated or fertilized with human excrement
within a period of twelve months from time of such fertilization.
(Id.)

Sec. 4. Handling and sale of meats, fowl, etc.; permit
to sell meat not inspected at abattoir.

All beef, pork, mutton, goat, poultry, fish, oysters and shellfish,
and other meats offered for sale, shall be subject to inspection
by a proper representative of the health officer, who shall have
power to condemn any such meats or fowl unfit for human consumption.
It shall be unlawful for any person engaged in the sale
of meats and other foodstuffs to permit meat articles of food
which are of such nature that they may be defiled or polluted by
handling to be exposed for sale in such manner that they may be
handled by prospective purchasers or others by whom such handling
is not necessary. Meats, meat products or other foodstuffs

shall not be brought into, transported or sold in the city unless
properly covered and adequately protected against pollution, flies,
dust, dirt, etc. Meats, meat products, fish and shellfish on sale,
or in storage, shall be kept in iced refrigerators or iced containers.
Any person selling, or offering for sale any beef, pork, mutton or
goat which has not been killed and inspected at an abattoir approved
by the health officer, shall first obtain a permit from the
city health officer. Such meat and all animals to be slaughtered,
and the premises where slaughtered, shall at all times be subject
to inspection by a representative of the health officer. It shall be
unlawful for any person knowingly to sell or offer for sale any
part of the carcass of a diseased animal unless approved by an
accredited veterinarian. The penalty for the violation of this section
shall be the revocation of the permit and a fine of not less than
one hundred dollars or thirty days in jail, or both. (Code 1932,
§ 410.)

Sec. 5. Wrapping bakery products.

All breads, rolls, biscuits, cakes and pies and all other baked
goods, sold, exchanged or delivered in the city shall be closely
wrapped in a clean paper before leaving the building; provided,
however, that the provisions of this section shall not apply to
hotels, restaurants, boarding houses or other places where bread is
made for their own use. (Id., § 411.)

Article II. Food Establishments.

Sec. 6. Definitions.

(a) Restaurant. The term "restaurant" shall mean restaurant,
coffee shop, cafeteria, short order cafe, luncheonette, hotel dining
room, tavern, sandwich shop, soda fountain and all other eating
and drinking establishments.

(b) Other food establishments. "Other food establishments"
shall mean all places that manufacture, pack, store, sell or distribute
food or food products and beverages, that are not eating or
drinking establishments.

(c) Employees. The term "employee" shall mean any person

who handles food or drink during preparation or serving, or who
comes in contact with any eating or cooking utensils, or who is
employed at any time in a room in which food or drink is stored,
prepared or served.

(d) Eating, drinking and cooking utensils. "Eating, drinking
and cooking utensils" shall include any kitchenware, tableware,
cutlery, containers, or other equipment with which food or drink
comes in contact during storage, preparation or serving.

(e) Health officer. The term "health officer" shall mean the
director of health activities of the city or his authorized representative.

(f) Unwholesome food. "Unwholesome food" shall mean any
food or drink not fit for human consumption.

Sec. 7. Permits—To operate restaurant; posting; fee.

It shall be unlawful for any person to operate a restaurant in
the city who does not possess an unrevoked permit from the health
officer and in whose place of business such permit is not posted in
a conspicuous place, and no license to operate a restaurant shall
be issued by the commissioner of revenue until a health department
permit is presented by the operator or proprietor. Persons who
meet the requirements of this article shall be entitled to receive and
retain such a permit or to secure a license to operate.

The fee to be charged for such permit shall be one dollar.

Sec. 8. Same—For employees.

It shall be unlawful for any employee to work in a restaurant
or other food establishment without first securing a permit from
the health officer. To obtain such permit, the employee shall
furnish such information and laboratory specimens and submit to
such physical examination as the health officer may require, and
receive instructions on personal hygiene and an explanation of the
items of this article. Each permit shall remain in force until revoked
for cause.

Sec. 9. Examination and condemnation of unwholesome
food or drink.

Samples of food and drink may be taken and examined by the
health officer as often as he deems necessary for the detection of
unwholesomeness. The health officer may condemn, remove and
destroy any food or drink which he deems unwholesome.

Sec. 10. Health officer to enforce article; inspections.

The health officer is hereby made responsible for the enforcement
of this article. Inspections shall be made as frequently as
deemed necessary by the health officer.

One copy of the inspection report shall be retained by the establishment;
another copy shall be filed with the records of the health
department.

Sec. 11. Notification of disease.

Notice shall be sent to the health officer immediately by the
owner or manager of the restaurant or other food establishment,
or by the employee concerned, if the manager or any employee or
any member of his respective household contracts any infectious,
contagious or communicable disease, or has a fever, a skin eruption,
a cough lasting more than three weeks, or any other suspicious
symptom. It shall be the duty of any such employee to
notify the owner or manager of the restaurant or other food establishment
immediately when any of said conditions exist, and
if neither the manager nor the employee concerned notifies the
health officer immediately when any of said conditions exist, they
shall be held jointly and severally to have violated this section.

Sec. 12. Procedure when infection suspected.

When suspicion arises as to the possibility of transmission of
infection from any restaurant or other food establishment employee,
the health officer is authorized to require any or all of the
following measures: (1) The immediate exclusion of the employee
from all restaurants or other food establishments; (2) the

immediate closing of the restaurant or other food establishment
concerned until no further danger of disease outbreak exists, in the
opinion of the health officer; (3) adequate medical examinations
of the employee and of his associates, with such laboratory examinations
as may be indicated.

Sec. 13. Floors.

The floors of all restaurants and other food establishments shall
be of such construction as to be easily cleaned, shall be smooth,
and shall be kept clean and in good repair.

Sec. 14. Walls and ceilings.

Walls and ceilings of all restaurants and other food establishments
shall be kept clean and in good repair, finished in light color,
and have a smooth, washable surface up to the level reached by
splash or spray.

Sec. 15. Lighting.

If lighting of window space be less than ten per cent of the
floor area, its equivalent in artificial light shall be provided.

Sec. 16. Ventilation.

All restaurants and other food establishments shall be well
ventilated. Exhaust fans and metal hoods over ranges, equipped
with ventilators, must be provided when necessary to prevent
odors and condensation and to promote cleanliness.

Sec. 17. Toilets; posting handwashing signs.

Adequate, approved toilet facilities must be provided for employees.
Toilets must be constructed and maintained in accordance
with the rules and regulations of the State Health Department.

Toilets must be entirely separate and apart from any room used
for the manufacture, storage or handling of food products. Flush
toilets used in any restaurant or other food establishment must be
provided with tight, self-closing doors, and all new construction
must be vestibuled, and toilet room must be ventilated by means of

window or flue leading to the outside. All flush toilets must be
connected to an approved sewer system or provided with properly
constructed septic tank.

Walls, floors, seats and commodes must be clean, and a supply
of toilet paper must be provided.

Handwashing signs shall be posted in each toilet room used by
employees.

Sec. 18. Water supply.

Any water supply used at a restaurant or other food establishment
shall be properly located, constructed, operated and shall be
easily accessible, adequate, and of a safe, sanitary quality.

Sec. 19. Personal cleanliness of employees; washing
hands, etc.

All employees must observe a high standard of personal cleanliness,
and they must be constantly supervised in this respect by
the employer. The hands of all employees must be washed thoroughly
with soap and water after visiting the toilet. Employees,
such as clerks, waiters, cooks, etc., must keep their hands away
from the mouth and nose and wash their hands immediately with
soap and water should they become contaminated with oral or
nasal secretions. Employees must keep fingernails short and clean.

All employees shall wear clean outer garments and shall keep
their hands clean at all times while engaged in handling food,
drink, utensils or equipment.

Sec. 20. Washing facilities for employees.

Adequate handwashing facilities include running hot and cold
water, or a suitable vessel and an adequate supply of clean water,
soap, and a clean individual towel for each employee.

Sec. 21. Screening; self-closing doors, etc.

All openings to the outer air shall be effectively screened and
doors shall be self-closing and open outward, unless other effective
means are provided to prevent the entrance of flies.

Sec. 22. Construction of utensils and equipment.

All eating and cooking utensils and all show and display cases
or windows, counters, shelves, tables, refrigerating equipment,
sinks and other equipment or utensils used in connection with the
operation of a restaurant or other food establishment shall be so
constructed as to be easily cleaned and shall be kept clean and in
good repair.

Sec. 23. Eating and drinking utensils — Dishwashing
equipment.

Adequate facilities shall be provided and maintained for the
washing, rinsing and bactericidal treatment of all eating and drinking
utensils, each to be a separate and distinct operation requiring
a minimum of a three-compartment sink. Adequate facilities for
heating water for cleaning must be provided. An approved washing
powder must be used. A sufficient number of dish baskets
must be provided.

In establishments where only beverages and ice cream are
served, cold water washing of glassware and silver may be approved,
if thorough and effective.

Provided, that nothing contained under this section shall be construed
as disbarring any other equipment which has been demonstrated
as of at least equal efficiency and is approved by the health
officer.

Sec. 24. Same—Methods of bactericidal treatment.

One of the following methods must be used: Hot water or
chlorine chemicals. Utensils must be submerged in hot water at
170° F., or more, for at least two minutes, or submerged in a
chlorine solution containing not less than fifty parts per million
of residual chlorine for at least two minutes. (A solution containing
one hundred parts per million, or more, is recommended.)

The practice of drying eating and drinking utensils with a towel
shall not be permitted.

Provided, that nothing contained under this section shall be construed
as disbarring any other process which has been demonstrated

as of at least equal efficiency and is approved by the health
officer.

The above requirements apply to manual dishwashing methods.
Where dishwashing machines are used, the operation of the machine,
temperature of wash and rinse waters, and retention period
of dishes in the machine, must meet the approval of the health
officer.

Sec. 25. Same—Storing and handling; single-service
utensils.

After bactericidal treatment, no utensils shall be stored except
in a clean, dry place protected from flies, dust or other contamination,
and no utensil shall be handled except in such manner as to
prevent contamination as far as practicable. Single-service utensils
shall be purchased only in sanitary containers and shall be
stored therein in a clean, dry place until used.

Sec. 26. Disposal of wastes.

All wastes shall be properly disposed of, and all garbage and
trash shall be kept in suitable covered receptacles, in such manner
as not to become a nuisance.

Drain and waste pipes from floors, wash sinks, soda fountains,
ice boxes, etc., must be of sufficient size, well trapped, and in a
good state of repair.

Sec. 27. Refrigeration.

Refrigerators, ice boxes, etc., shall be of adequate size to store
all perishable food, constructed of materials that will permit thorough
cleaning, shall be properly drained and ventilated, shall be
equipped with thermometer and kept at a temperature of 50° F.,
or lower, at all times, except during periods of defrosting. Floors,
walls, ceilings, racks, hooks, pipes, etc., shall be kept clean. Drains
from ice boxes shall not be connected directly to a sewer but shall
drain into an open fixture.

Sec. 28. Milk and cream.

Only graded milk or cream shall be used or served in a food establishment.

Official placards, stating the grade of milk served,
whether pasteurized or raw, must be displayed in a place designated
by the health officer. All milk must be served in the original
container in which it was bottled at the plant.

As to milk and milk products generally, see ch. 17 of this volume.

Sec. 29. Storage and display of food and drink.

All food and drink shall be so stored and displayed as to be protected
from dust, flies, vermin, handling, droplet infection, overhead
leakage, and other contamination. No animals or fowls shall
be kept or allowed in any room in which food or drink is prepared
or stored. All means necessary for the elimination of flies shall
be used.

Sec. 30. Cleanliness generally; use of rooms for domestic
purposes; dressing rooms; soiled linen, etc.

The surroundings of all restaurants and other food establishments
shall be kept clean and free of litter or rubbish. None of
the operations connected with a restaurant shall be conducted in
any room used for domestic purposes. Adequate lockers or dressing
rooms shall be provided for employees' clothing. Soiled linens,
coats and aprons shall be kept in containers provided for this purpose.

Sec. 31. Materials used for cleaning or polishing utensils.

No articles, polish or other substance containing any cyanide
preparation or other poisonous material shall be used for the
cleansing or polishing of eating or cooking utensils.

Sec. 32. Tables, shelves and napkins.

All tables must be properly constructed of materials that can be
thoroughly and easily cleaned. All the table tops must be of nonabsorbent
material when deemed necessary by the health officer.
Table tops must be free of unnecessary articles. Table covers,
napkins, etc., must be clean and all shelves shall be clean, free of
unnecessary articles and neatly arranged. All napkins shall be discarded
or laundered after each usage.

Sec. 33. Vermin and rodent control methods.

Methods used for the control of vermin and rodents must be
effective at all restaurants and other food establishments.

Sec. 34. Penalty; revocation of permit.

Any person who violates any provision of this article shall be
fined not less than ten dollars for the first offense and twenty dollars
for any subsequent offense. Each and every violation of the
provisions of this article shall constitute a separate offense. In the
case of two offenses, the permit herein required may be revoked
by the health officer.