Administrative enforcement.
Saint Paul Legislative Code § 331A.10
in effectSec. 331A.10. - Administrative enforcement.
Violation of the Minnesota Food Code or Saint Paul Legislative Code is grounds for adverse action against licenses issued under this chapter. Any violation shall be categorized into one (1) of two (2) categories.
(1) Critical violations refer to food-related conditions that are more likely than other conditions to contribute to food contamination, illness, or environmental degradation. Critical violations pose an imminent public health risk and require correction immediately in some cases, or in less severe cases require correction by a date determined by the department of safety and inspections. These violations shall be penalized according to the penalty matrix found in chapter 310.05 of this Code. Any critical violation as defined above may require a reinspection. Failure to correct upon reinspection is an aggravating factor in determining the appropriate penalty. Critical violations are further categorized as follows:
a. Critical violation—Major: A critical violation that is egregious and should have been known by ownership or management to contribute to food contamination, illness or environmental degradation that places consumers at a high risk for food-borne illness. A violation of this nature may result in re-inspection and immediate adverse action.
b. Critical violation—Minor: A critical violation that should have been known by ownership or management to have an impact on business or food service practices that are vital to the support of food safety within an establishment and that are of a lesser risk than a critical major violation to contribute to food contamination, illness or environmental degradation.
c. Repeated critical minor violation: A repeated critical minor violation shall be treated as a major critical violation under chapter 310.05 if the violation is documented and uncorrected at two (2) consecutive inspections.
(2) Non-critical violations are all violations of the Minnesota Food Code or related regulations of the state or the city other than those defined as critical violations. Non-critical violations are aggravating factors that may result in increased penalties for critical violations at the same establishment.
(3) Department of safety and inspections fine recommendation. The department of safety and inspections shall make a penalty recommendation for all adverse licensing action as outlined in this section. That recommendation shall be determined by the department of safety and inspections after consideration of the food code penalty guideline which is published on the website of the department of safety and inspections and available upon request. The department of safety and inspections shall also consider mitigating and aggravating factors including but not limited to:
a. The potential for harm or imminent threat to public health;
b. The extent of deviation from statutory or regulatory requirements;
c. The degree of willfulness or negligence;
d. The history of noncompliance or compliance;
e. The demonstration of good faith efforts to correct a violation;
f. The type of operation including the methods and extent of food storage, preparation, and service;
g. The existence of any non-critical violations.
(4) Nothing in this chapter limits the authority of the department of safety and inspections or the city to impose additional sanctions for the described violations.
(C.F. No. 07-1052, § 2, 11-28-07; Ord 13-33, § 1, 6-26-13)
Source: City of Saint Paul, Minnesota, City Charter, Legislative Code and Administrative Code (Municode Library, library.municode.com)URL: https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITXXIXLI_CH331AFOPRST_S331A.10ADENFetched: 11/1/2026
