[Food Product and Marketing Establishments - Permits; Regulations]

SF-HEALTH art. 8, pt. [Food Product and Marketing Establishments - Permits; Regulations]

in effect

SF Health Code § 440 FOOD PRODUCT AND MARKETING ESTABLISHMENT.

SEC. 440. FOOD PRODUCT AND MARKETING ESTABLISHMENT. (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)

SF Health Code § 440.1 INSPECTION BEFORE ISSUANCE OF PERMIT.

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)

SF Health Code § 440.2 PERMIT PROCEDURES.

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)

SF Health Code § 440.3 PROHIBITION.

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)

SF Health Code § 440.4 SANITATION OF PREMISES.

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)

SF Health Code § 440.5 TOILET AND HANDWASHING FACILITIES TO BE PROVIDED.

SEC. 440.5. TOILET AND HANDWASHING FACILITIES TO BE PROVIDED. (a) Every permanent food facility, as defined in Section 113849 of the California Health and Safety Code, must provide toilet and handwashing facilities for use by employees. Every permanent food facility shall provide clean toilet facilities in good repair for consumers, guests, or invitees if there is onsite consumption of food or if the permanent food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space. In addition, such toilet facilities shall comply with the Plumbing Code of the City and County of San Francisco. (b) For purposes of this Section 440.5, “onsite consumption of food” means the consumption of food, provided by a permanent food facility to patrons or guests, at or within the facility or within an area operated or controlled by the facility. A permanent food facility that does not offer onsite consumption of food may not have on its premises any dining tables, dining chairs, dining counters, or dining standing-tables. (Amended by Ord. 199-86, App. 6/6/86; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019)

SF Health Code § 440.6 AUTHORITY TO MAKE RULES, ETC.

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)

SF Health Code § 441 PENALTIES AND ENFORCEMENT.

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)

Source: City and County of San Francisco, Charter and Municipal Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_health/0-0-0-6574Fetched: 11/1/2026