§ 16-4. Labeling and sale of meat, poultry, fish, or game products.

(a)

Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Seasoned meat means any raw meat changed from its natural state by an ingredient added to change its natural flavor.

Sell by date means a recommended last date of sale that permits a subsequent period before deterioration by spoilage, loss of value, or loss of palatability.

Service case means any segregated case displaying unwrapped meat, poultry, fish, or game for the customer to select and purchase from an employee who will weigh, wrap, and price the product at that time.

(b)

Sale of meat, poultry, fish, or game. Prepackaged meat, poultry, fish, or game sold or offered for sale by a retail food establishment shall be identified with a sell by date as prescribed by this section.

(c)

Determination of sell by date.

(1)

Reasonable period for consumption. A retailer or other person who prepackages perishable meat, poultry, fish, or game shall determine a date that allows a reasonable period after sale for consumption of the food without physical spoilage, loss of value, or loss of palatability. A reasonable period for consumption shall consist of at least one-third of the approximate total shelf life of the perishable meat, poultry, fish, or game.

(2)

Factors for the date determination. A person who places the sell by date shall determine the date by taking into consideration the food quality, characteristics, formulation, processing impact, packaging or container and other protective wrapping or coating, customary transportation, and storage and display conditions. For purposes of calculating this date, home storage conditions shall be considered to be 40 degrees Fahrenheit (4.4 degrees Celsius).

(d)

Sale of products with expired date.

(1)

Meat, poultry, fish, or game products may be sold or offered for sale after the sell by date only if such product is wholesome. However, in no event shall any ground meat, poultry, fish, or game ground on the premises of the retail establishment be sold or offered for sale more than 48 hours after it is ground.

(2)

Products sold or offered for sale after the sell by date shall be advertised in a conspicuous manner as being offered for sale after the recommended last date of sale and shall be segregated in a separate section of the case with a sign over the section stating that the sell by date has expired on the products in the section but that the products are not spoiled. The placement of a sign, sticker, or tag is acceptable for such advertising if it is easily readable and clearly identifies the meat, poultry, fish, or game as having passed the recommended last date of sale.

(3)

Products which have an expired sell by date, which are not labeled as required in this section, and which are not displayed in a segregated section, as required by this section, must be removed from retail sales areas immediately.

(e)

Manner of expressing and placement of the date. The sell by date shall be expressed and placed as required by the Uniform Open Dating Regulation of NIST Handbook 130, published by the United States Department of Commerce Technology Administration, National Institute of Standards and Technology.

(f)

Records. A person who establishes a sell by date for perishable meat, poultry, fish, or game shall keep a record of the method used for the determination of that date. A record revision is necessary whenever a factor affecting date determination is altered. Such record shall be retained for not less than six months after the most recent sell by date and be available during normal business hours for examination upon request by health department inspectors or by weights and measures inspectors.

(g)

Proper temperature. All meat, poultry, fish, and game must be kept in cases or coolers that are inspected for proper temperature at least once per day. The maximum temperature of such cases or coolers must be 32 degrees Fahrenheit (zero degrees Celsius). The maximum temperature of cutting rooms must be 50 degrees Fahrenheit (ten degrees Celsius). All cutting rooms must be inspected for proper temperature at least once per day. This subsection shall not apply to service cases.

(h)

Spoiled products. All meat, poultry, fish, or game products that are spoiled shall be removed from retail sales areas immediately.

(i)

Unlawful acts.

(1)

It shall be unlawful for any person to sell or offer for sale any meat, poultry, fish, or game unless it is identified with a sell by date. This subsection shall not apply to service cases.

(2)

Except as provided in subsection (i)(6) of this section, it shall be unlawful to offer for sale any meat, poultry, fish, or game after the sell by date unless it is wholesome and advertised as required by this section.

(3)

It shall be unlawful to offer for sale any meat, poultry, fish, or game packages with a label on top of a label.

(4)

It shall be unlawful to offer for sale any packages of meat, poultry, fish, or game that have been repackaged unless the original sell by date is used on the new packaging.

(5)

It shall be unlawful to offer for sale any meat, poultry, fish, or game that is not kept in cases or coolers as required by this section.

(6)

It shall be unlawful to sell or offer for sale any meat, poultry, fish, or game ground on the premises of the retail establishment more than 48 hours after it is ground. This subsection shall not apply to seasoned meat products.

(7)

It shall be unlawful to sell or offer for sale any spoiled meat, poultry, fish, or game.

(8)

It shall be unlawful to violate any of the provisions of this section.

(Code 1988, § 16-4; Ord. No. 65912, § 1, 6-2-1994)

Cross reference

Definitions generally, § 1-2.