Section 440. Food Product And Marketing Establishment.  


§ 440.1. Inspection Before Issuance Of Permit.
§ 440.2. Permit Procedures.
§ 440.3. Prohibition.
§ 440.4. Sanitation Of Premises.
§ 440.5. Toilet And Handwashing Facilities To Be Provided.
§ 440.6. Authority To Make Rules, Etc.
§ 441. Penalties And Enforcement.

(a)   "Food Product and Marketing Establishment" means any room or building, 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" as 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)   "Certified Farmers Market" means a location approved by the San Francisco Agricultural Commissioner where agricultural products are sold by producers or certified producers directly to consumers or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. A certified farmers market may only be operated by one or more certified producers, by a nonprofit organization, or by a local government agency and must meet the requirements of San Francisco Administrative Code Chapter 9A, or any successor provisions.

(e)   "Farm Stand" means a location at or near the point of production of a community or urban garden where their fresh produce, shell eggs and non-potentially hazardous processed agricultural products made with ingredients produced on or near the community or urban garden are sold. The community or urban garden must be deemed an approved source by the Director of Environmental Health or the County Agricultural Commissioner. "Near" is defined as "within San Francisco City Limits."

(f)   "Food Preparation Station" means a preparation area where separate equipment and/or facilities are used by designated trained staff for a specific type of food conveyance, including, but not limited to, meat, fish, bakery, prepared foods, or confection.

(g)   "Retail Food Vendor at Farmers Market" means a vendor who sells prepackaged food items that are processed, packaged and labeled from and approved permitted food facility, and has an individual permit that is specific to that market.

(h)   "Supermarket" means a food product and marketing establishment that sells a variety of food and is greater than 20,000 square feet.

(i)   "Wholesale Food Market with retail" means a food market which predominantly specializes in buying produce, bakery, meat, fish. processed food, confection and other food items for resale to retail outlets, but retains a retail space within the establishment to sell the aforementioned items to the public.

(j)   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; Ord. 298-10, File No. 101352, App. 12/3/2010; Ord. 172-12 , File No. 120638, App. 7/27/2012, Eff. 8/26/2012)