Bill No. 2019-3
BILL NO. 2019-3
AN ORDINANCE AMENDING SECTION 617 OF THE CITY CODE
PERTAINING TO PUBLIC HEALTH AND THE
REGULATION OF FOOD ESTABLISHMENTS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. That the following Subsections of Section 617 of the Richfield City
Code are hereby amended by deleting those words stricken through and adding those
words that are underlined, to read as follows:
Section 2. Subsection 617.01 in the Richfield City Code is amended as follows:
This section is enacted to establish standards for the regulation of food
establishments in Richfield in order to protect the health, safety and general welfare of
the public pursuant to the powers granted under Minnesota Statutes, Chapter 145A.
The principal objectives of this section of the City Code are to prevent illness, to correct
and prevent conditions that may adversely affect persons utilizing licensed
establishments, to provide consistent standards for design, construction, operation and
maintenance of licensed establishments, and to meet the consumer expectations of
health and safety of licensed establishments.
For the purpose of prescribing regulations governing food establishments, the City of
Richfield hereby adopts the following rules and statutes as may be amended or
recodified from time to time:
(a) Minnesota Statutes, chapters 157 except for 157.16; and
(b) Minnesota Rules, chapter 4626, except for 4626.0033, subparts G through O,
4626.1715, subpart B, 4626.1720, subparts B and F, and 4626.1755 through60 and
4626.178070.
Section 3. Subsection 617.03 in the Richfield City Code is amended as follows:
Subdivision 1. “Certified food protection manager” (CFPM) is defined in
Minnesota Rules Chapter 4626 as an individual who has a valid Minnesota food
protection manager’s certification under Minnesota Rules part 4626.0033 or an
individual who is certified under Minnesota Rules 2015, parts 4626.2005 to 4626.2020.
Subd. 12. "Food catering vehicle" is a commercial vehicle used only to transport or store
food, tableware, utensils or food equipment with temperature control and is used as part
of a food catering or food retail operation. This does not include personal vehicles used
only to deliver foods intended for immediate consumption like pizza, boxed lunches, etc.
Subd. 23. "Food establishment" is defined in Minnesota Rules, chapter 4626, as
amended. Food establishments include, but are not limited to, restaurants, cafeterias,
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bars, clubs, cafes, coffee shops, grocery stores, delicatessens, convenience stores,
lodges, resorts, retail bakeries, retail meat markets, produce stands, group childcare
centers, group adult care centers, institutions, public and private schools, satellite or
catered serving locations, catering food vehicles, carts, packaged retail food sales,
vending machines, mobile food units, special event food stands or other short-term food
operations, and similar businesses established for the service or retail distribution of
food and beverages where consumption is on or off the premises and regardless of
whether there is a charge for the food or beverages.
Subd. 34. "Health Authority" means the City of Richfield Public Safety Department and
its qualified designated employees or agents as the Richfield City Council may
designate. The term "regulatory authority" in the Minnesota Food Code, Minnesota
Rules, Chapter 4626 shall mean the Health Authority.
Subd. 45. "Issuing Authority" means the City of Richfield Public Safety Department and
its qualified designated agents as the Richfield City Council may designate.
Subd. 56. "Potentially hazardousTime/temperature control for safety food" (TCS) is
defined in Minnesota Rules, Chapter 4626. It also means food that requires time or
temperature control for safety to limit pathogenic microorganism growth or toxin
formation.
Section 4. Subsection 617.07 in the Richfield City Code is amended as follows:
617.07. - License required and posted.
No person shall operate a food establishment within the City of Richfield or
engage in any enterprises described in this Code, without first obtaining and having a
valid license as provided herein. The application for such license shall be made on
forms furnished by the City of Richfield and shall describe the general nature of the
business, its location, and any other information deemed necessary by the City. The
application must be in the name of the owner of the real property on which the licensed
premises are situated and bear the signature of the owner or that of the owner's
authorized agent. The license must be posted in a location conspicuous to customers.
Section 5. Subsection 617.15 in the Richfield City Code is amended as follows:
Subdivision 1. Type I means those food establishments serving on average 500
or more meals per day; having 175 or more seats; or having 500 or more customers per
day. Type I establishments include those:
(a) Preparing for retail sale potentially hazardoustime/temperature control for safety
(TCS) foods that require extensive processing and handling on premises;
(b) Cooking or cooling potentially hazardousTCS foods;
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(c) Offering as a menu item, or an ingredient of a menu item, raw or undercooked
\[potentially hazardous \]meats, poultry products, eggs, fish, shellfish or similar foods\[
with raw potentially hazardous items as ingredients\];
(d) Transporting potentially hazardousTCS foods as a catering service; or
(e) Conducting food processing that involves smoking, curing, or reduced oxygen
packaging.
Type I food establishments require a certified food protection manager as specified in
Minnesota Rules, chapter 4626. They include, but are not limited to, full-service
restaurants; counter-service restaurants; food retail delis; institutional kitchens; food
manufacturing, packaging, and processing plants; bakeries preparing potentially
hazardous foods or detailed decorating; and meat markets with complex processing. A
supplemental license shall be required for each additional separate and distinct food
facility such as a bakery, kitchen, meat market, grocery store, bar, or serving area
facility on the same premises.
Subd. 2. Type II means a Type I food establishment serving on average fewer than 500
meals per day; having fewer than 175 seats; or having fewer than 500 customers per
day. Type II establishments require a certified food protection manager as specified in
Minnesota Rules, chapter 4626.
Subd. 3. Type III means those food establishments serving or preparing:
(a) Mainly non- potentially hazardousTCS foods and a limited amount of TCS foods that
require minimal processing and handling;
(b) Potentially hazardousTCS foods prepared elsewhere and only heated or held cold
onsite; and
(c) Serving or retailing limited potentially hazardousTCS foods, such as pizza, requiring
handling followed by heat treatment.
Type III establishments require a certified food protection manager as specified in
Minnesota Rules, chapter part 4626.0033 unless specifically exempted. They include,
but are not limited to, such operations as pizza carry-out and delivery; ice cream
dipping; heating for hot holding pizzas, precooked bagged soups and wrapped
sandwiches made elsewhere intended for customer self-service; bake-off only bakeries;
produce departments; meat markets that only cut or grind meat; buffet-style breakfasts
with hot held foods or waffle stations; coffee shops with frothed milk, juice bars with
blended drinks and assembling yogurt parfaits; and serving kitchens receiving meals
prepared elsewhere.
Subd. 4. Type IV means those food establishments having minimal food handling. \[Type
IV establishments are not required to have a certified food manager as specified in
Minnesota Rules, chapter 4626.\] They include, but are not limited to such operations as,
retail sales of cold or frozen packaged potentially hazardous foods; packaged foods
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where customers may heat the food onsite; hotdogs; preparing or packaging non-TCS
food that are made from ingredients that are not TCS; heating or serving precooked hot
dog or sausage products, popcorn, nachos, pretzels, or frozen pizza; childcare with
snacks and milk; ready-to-eat pizzas and sandwiches made elsewhere delivered for
immediate resale according to federal regulations; coffee shops with frothed milk;
unpackaged baked goods made elsewhere; continental breakfasts with rolls, juice,
coffee, cold cereal, and milk; juice bars with blended drinks; and on-sale bars with
mixed drinks.
Subd. 5. Type V means those food establishments where non- potentially
hazardousTCS food or food products are sold at retail or served in the original container
including snack bars, bottled beverages and packaged food products. Type V food
establishments are not required to have a certified food protection manager as specified
in Minnesota Rules, Chapter 4626.
Subd. 6. Supplemental facility means any additional distinct or separate food retail or
food service facility on the same premises as a Type I, II, III, IV, or V\[II\] establishment,
including catering food vehicles. Supplemental facilities are categorized as:
(a) High Supplemental Facility having similar food handling operations specified under
Type I establishment;
(b) Medium Supplemental Facility having similar food handling operations specified
under Type III or IV establishment; or
(c) Low Supplemental Facility having similar food handling operations specified under
Type V establishment.
Subd. 7. Temporary food establishment is defined in Minnesota Rules, Chapter 4626
and includes special event food stands as defined in Minnesota Statutes, Chapter 157.
Temporary Food Establishments are categorized as:
(a) Complex Temporary Food Establishment having similar food handling operations
specified under Type I and Type III establishments; or
(b) Simple Temporary Food Establishment having similar food handling operations
specified under Type IV and V establishments.
Subd. 8. Farmers' market stands meaning those food establishments operating at
farmers' markets and not exempt from licensing under Minnesota Statutes, Section 28A.
Subd. 9. Vending machines means devices dispensing unit servings of food that are
either a food or beverage machine or a nut, gum ball, or unwrapped candy machine.
Section 6. Subsection 617.17 in the Richfield City Code is amended as follows:
617.17. – Reserved. Exemptions or Exclusions.
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This section shall not include food service operations conducted in and for a house of
worship when the food service is limited to preparation, service, or consumption by the
members of the house of worship and not advertised to the public.
Section 7. Subsection 617.19 in the Richfield City Code is amended as follows:
This section specifically adopts the following additional standards for health and
safety to Minnesota Rules, chapter 4626:
Subdivision 1. Minnesota Rules, chapter 4626.0225 Preventing Contamination From
Hands, D is amended to read as follows: Food employees not serving a highly
susceptible population may contact exposed, ready-to-eat food with their bare hands if:
(a) Written procedures are maintained in the food establishment and made available to
the Health Authority upon request that include for each bare hand contact procedure, a
listing of the specific ready-to-eat foods that are touched by bare hands.
(b) A written employee health policy that details:
(i) Documentation that food employees and conditional employees acknowledge
that they are informed to report information about their health and activities as they
relate to gastrointestinal symptoms and diseases that are transmittable through food;
(ii) Documentation that food employees and conditional employees acknowledge
their responsibilities; and
(iii) Documentation that the person in charge acknowledges his/her
responsibilities.
(c) Documentation that food employees acknowledge that they have received training
according to Minnesota Rules, Chapter 4626 in:
(i) The risks of contacting the specific ready-to-eat foods with bare hands;
(ii) Proper handwashing including when and where to wash their hands;
(iii) Proper fingernail maintenance;
(iv) Prohibition of jewelry; and
(v) Good hygienic practices.
(d) Documentation that hands are washed before food preparation and as necessary to
prevent cross contamination by food employees during all hours of operation when the
specific ready-to-eat foods are prepared.
(e) Documentation that food employees contacting ready-to-eat food with bare hands
use two (2) or more of the following control measures to provide additional safeguards
to hazards associated with bare hand contact:
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(i) Double handwashing, such as after using the bathroom and returning to work,
handling raw meat products, or other high risk activities;
(ii) A hand antiseptic after washing;
(iii) Programs to encourage food employees not to work when they are ill; or
(iv) Other control measures approved by the Health Authority.
Subd. 2. Minnesota Rules, Chapter 4626.0410 TIME AS PUBLIC HEALTH CONTROL,
subpart 2. Notification. The food establishment licensee must submit written notification
to the Health Authority of his/her intention to use the procedures provided under this
part and receive approval from the Health Authority prior to implementation of the
provisions of this part.
Subd. 3.Subdivision 1. Minnesota Rules, Chapter 4626.1050, A is amended to read as
follows: A hand washing lavatory shallsink must be equipped to provide water to the
user through a mixing valve or combination faucet, at a temperature of at least 43
degrees C (110 degrees F), but not more than 54 degrees C (130 degrees F) in a food
establishment and not more than 48 degrees C (120 degrees F), in a sink that is used
by children such as at a school, day care, or preschool, to allow handwashing for at
least 20 seconds through a mixing valve or combination faucet.
Subd. 42. Minnesota Rules, Chapter 4626.1325, A is amended to read: Except as
specified in item 2B, materials for indoor floor, wall, and ceiling surfaces under
conditions of normal use shall be:
(a) Smooth, durable and easily cleanable for areas where food establishment
operations are conducted;
(b) Closely woven and easily cleanable carpet where carpeting is permitted; and
(c) Non-absorbent for areas subject to moisture and resistant to the wear and abuse to
which they are subjected. Materials such as, but not limited to, quarry tile, or ceramic tile
are approved for floors in food preparation areas, toilet rooms, hand washing areas,
wait stations, kitchens, bars, walk-in refrigeration, ware washing areas, janitorial areas,
laundry rooms, areas subject to flushing or spray cleaning methods, and other areas
subject to moisture. Materials such as, but not limited to, ceramic tile are approved for
walls subject to splash or moisture in food preparation areas, ware washing areas, toilet
rooms, etc.
Subd. 53. Minnesota Rules, Chapter 4626.1465 TOILET TISSUE, AVAILABILITY. A
supply of toilet tissue in a mounted dispenser shall be available at each toilet.
Subd. 64. A food establishment shall have in place and use a system of risk-based self-
inspection. The self-inspection program shall include written policies, appropriate forms
for logging self-inspections, and evidence that routine self-inspection of all aspects of
the food establishment takes place.
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Subd. 5. Minnesota Rules, Chapter 4626.0123 Clean-up of vomiting and diarrheal
events. A food establishment must have written procedures for employees to follow
when responding to vomiting or diarrheal events that involve the discharge of vomitus or
fecal matter onto surfaces in the food establishment. The procedures must address the
specific actions employees must take to minimize the spread of contamination and the
exposure of employees, consumers, food, and surfaces to vomitus or fecal matter.
Section 8. Subsection 617.21 in the Richfield City Code is amended as follows:
Subdivision 1. Administrative variance request. Relief from the strict compliance
with the requirements of section 617.19 and those parts of Minnesota Rules, Chapter
4626 hereof may be granted in the form of a variance. Variance requests shall not be
considered from those specifically listed in Minnesota Rules, chapter 4626.1690,
subpart A.(1) through (\[7\]4). The variance application must be from the party to whom
the requirement applies and must be in writing and submitted to the Health Authority,
including, at a minimum, the following information:
(a) The full name, address, daytime and evening telephone numbers of the party
requesting a variance;
(b) The address of the licensed premises;
(c) The relationship of the party requesting a variance to the licensed premises;
(d) The specific reasons why the requirements of City Code or State Rule cannot be
met;
(e) A description of alternative measures that will be taken to ensure a comparable
degree of protection to the health or the environment if a variance is granted;
(f) The length of time for which the variance is requested;
(g) A statement that the person applying for the variance will comply with the terms of
the variance and maintain a copy, if granted;
(h) A HACCP plan, if required under part 4626.1730, that includes the information in
part 4626.1735 that is relevant to the variance requested; and
(i) Other relevant information the City determines necessary to properly evaluate the
request for a variance.
Subd. 2. Criteria for variance. The Health Authority may grant a variance request upon
making all of the following findings of fact in writing:
(a) The variance was requested in the manner prescribed by this section of City Code;
(b) Science-based evidence that tThe variance will have no potential adverse effect or
impact on public health, safety or the environment;
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Section 9. Subsection 617.25 in the Richfield City Code is amended as follows:
Construction shall not commence on any new or remodeled food establishment
or any existing structure converted to a food establishment until the Health Authority has
reviewed and approved the plans and specifications. Those construction projects being
expedited under the fast track building permit process, shall not have any equipment or
floor, wall or ceiling finish materials installed until the Health Authority has reviewed and
approved the plans and specifications.
Subdivision 1. Submission of plans.
(a) Two complete sets of printed or one set of digital of plans and specifications shall be
submitted to the Health Authority for review.
Section 10. Subsection 617.27 in the Richfield City Code is amended as follows:
Subdivision 1. The Health Authority shall inspect each food establishment prior to
issuing a license and as deemed necessary by the Health Authority. The Health
Authority shall not issue a license until the food establishment complies with the
standards of this section as demonstrated by a satisfactory inspection.
Subd. 2. The Health Authority, after proper identification, shall have the right to enter
and have access to the food establishment at any time during the conduct of business.
Subd. 3. The Health Authority shall inspect each food establishment as frequently as
necessary during construction, and prior to opening for service to the public, to ensure
that construction and operations are in conformance with this section.
Subd. 4. The Health Authority shall inspect each food establishment at a frequency no
less often than State law requires.
Subd. 5. The licensee, owner, or operator of a food establishment upon receipt of a
health inspection report giving notice of violations of this section shall correct or remove
each violation in the length of time determined by the Health Authority. \[Critical\]Priority 1
and priority 2 food code violations shall be complied with immediately or within 24 hours
if not otherwise specified by the Health Authority. Failure to remove or correct each
violation within the specified time period shall constitute a separate violation of this
section. The Health Authority may issue orders to halt construction or remodeling, or to
take corrective measures to ensure compliance with this section.
Section 11. This Ordinance will be effective in accordance with Section 3.09 of
the City Charter.
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Adopted by the City of Richfield, Minnesota this 26th day of February, 2019.
MCIAIS)
Maria Regan Gon lez, Mayor
ATTEST:
ci Z}`
Eliza`be /anHoose, City Clerk
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Bill No. 2019-3
AFFIDAVIT OF PUBLICATION CITY OF RICHFIELD
RESOLUTION NO.11614
STATE OF MINNESOTA )ss RESOLUTION APPROVING
COUNTYSUMMARY PUBLICATION
OF HENNEPIN
OF AN ORDINANCE
PERTAINING TO PUBLIC
Elise Strecker being duly sworn on an oath, HEALTH AND THE
states or affirms that he/she is the Publisher's REGULATION OF FOOD
Designated Agent of the newspaper(s) ESTABLISHMENTS
� td knownWHEREAS, the City has ad-
as: opted the above-referenced ordi-
nance;and
SC Bloomington Richfield WHEREAS,the verbatim text of
the ordinance is cumbersome,and
the expense of publication of the
with the known office of issue being located complete text is not justified;and
in the county of: WHEREAS, the following sum-
HENNEPIN mary clearly informs the public of
the intent and effect of the ordi-
with additional circulation in the counties of: Hance.
HENNEPIN NOW THEREFORE, BE IT RE-
and has full knowledge of the facts stated SOLVED by the City Council of the
below: City of Richfield that the following
The newspaper has tom complied with all of summary is hereby approved for
(A) p official publication:
the requirements constituting qualifica- SUMMARY PUBLICATION
tion as a qualified newspaper as provided BILL NO.2019-3
by Minn.Stat.§331A.02. AN ORDINANCE AMENDING
(B)This Public Notice wasprinted andpub- SECTION 17 OFTHE
CITY CODE PERTAINING
lished in said newspaper(s) once each TO PUBLIC HEALTH
week, for 1 successive week(s); the first AND THE REGULATION OF
insertion being on 03/07/2019 and the last FOOD ESTABLISHMENTS
Rich-
insertion beingon 03/07/2019. On February 26,2019,the field City Council adopted an ordi-
nance designated as Bill No.2019-
MORTGAGE FORECLOSURE NOTICES 3,the title of which is stated above.
Pursuant to Minnesota Stat. §580.033 Thissummarypursuantofthe to Secordtionance 3.12is
relating to the publication of mortgage of the Richfield City Charter. The
foreclosure notices: The newspaper complies purpose of the Ordinance is to:
with the conditions described in §580.033, update definitions and terminology,
subd. 1, clause (1) or(2). If the newspaper's as well as the body of the Ordi-
known office of issue is located in a count Stel reflecto d handli ig
Y State laww governing ng food handling
adjoining the county where the mortgaged practices,health and hygiene stan-
premises or some part of the mortgaged dards,and equipment certification
in food establishments.
ies of the ordinance are
a substantial po 'on of the newspaper's available for public inspection in
circulation is in the <tter county. the City Clerk's office during normal
business hours or upon request by
1111.` calling 612-861-9738.
B .� Ado ted by the City Council of
y. the Ci of Richfield,Minnesota this
Designated Agent 26th day of February,2019.
Maria Regan Gonzalez,Mayor
ATTEST:
Subscribed and sworn to or affirmed before Elizabeth VanHoose,City Clerk
me on 03/07/2019 by Elise Strecker. Published in the
Sun Current
March 7,2019
911957
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Notary Public
<' , DARLENE MARIE MACPHERSON
x Notary Public
' = Minnesota
My Commission Expires January 31,2024
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