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Health Code

San Francisco County Municipal Code Art. 8 Food and Food Products

San Francisco County Municipal Code · 2026-09 edition · updated 2026-10-22 · San Francisco County

Cite as: San Francisco County Municipal Code Article 8 · Text as of 2026-10-22

Sec. 385. Gathering, Sale, Etc., of Watercress Grown Near Sewer Outlets. Sec. 390. Manufacture, Etc., of Dangerous Food Adulterants. Sec. 391. Penalty. Sec. 396. Furnishing of Samples of Food Preservatives to Department. Sec. 397. Penalty. Sec. 402. Use of Paraffin in Preparation of Rice. Sec. 407. Conveyance of Bread, Etc., Through Public Streets. Sec. 412. Wire Screens, Etc., in Places Where Food is Sold. Sec. 417. Crabs, Shellfish, Etc. – Conditions, Preparations, Etc. Sec. 422. Vegetable Culture – Watering and Growing Agents. Sec. 423. Penalty. Sec. 428. Manufacture, Etc., of Food and Liquor. Sec. 429. Penalty. Sec. 434. Receipt and Delivery of Bread, Etc., at Bakeries, Stores, Etc. Sec. 435. Character of Receptacles. [Food Product and Marketing Establishments – Permits; Regulations] Sec. 440. Food Product and Marketing Establishments. Sec. 440.1. Inspection Before Issuance of Permit. Sec. 440.2. Permit Procedures. Sec. 440.3. Prohibition. Sec. 440.4. Sanitation of Premises. Sec. 440.5. Toilet and Handwashing Facilities to be Provided. Sec. 440.6. Authority to Make Rules, Etc. Sec. 441. Penalties and Enforcement. — Sec. 446. Sale of Bread For Other Than Human Consumption. [Food Preparation and Service Establishments – Permits; Regulations; Disclosure Requirements] Sec. 451. Food Preparation and Service Establishment. Sec. 452. Permit Required.

Sec. 452.1. Cottage Food Operations. Sec. 453. Diseased Employees. Sec. 454. Regulations. Sec. 456. Food Preparation and Service Establishment Disclosures. Sec. 456.1. Posting Requirements – Penalty for Noncompliance – Documents Available for Public Review. Sec. 456.2. Placard – Period of Validity. Sec. 456.3. Public Health Permit Suspension or Revocation – Notice of Closure. Sec. 456.4. Penalties and Enforcement. Sec. 456.5. Liens. — Sec. 456.6. Enforcement of Safe Drinking Water and Toxic Enforcement Act of 1986 and its Implementing Regulations; Requirement that Warnings Be Provided in English, Spanish, and Chinese. [Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment] Sec. 460. Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment Defined. Sec. 461. Permits. Sec. 462. Application – Investigation, Etc. Sec. 463. Application, Existing Establishments. Sec. 464. Grounds for Permit Revocations – Procedure. Sec. 465. Discretion of Officers, Etc. Sec. 466. Other Laws, Rules and Regulations. — Sec. 467. Food Vending Machines. [Nutrition Information Disclosure Requirements] Sec. 468. Purpose. Sec. 468.1. Findings. Sec. 468.2. Definitions. Sec. 468.3. Menu Labeling Required at Chain Restaurants. [Suspended.] Sec. 468.4. Nutrition Information Required to be Disclosed on Disclosure Media Other Than Menus, Menu Boards and Food Tags. [Suspended.] Sec. 468.5. Reporting Requirements. [Suspended.] Sec. 468.6. Penalties and Enforcement. [Suspended.] Sec. 468.7. Severability. [Suspended.] Sec. 468.8. Operative Date. [Suspended.] Sec. 468.9. Suspension of Ordinance. [Healthy Food Incentives Ordinance] Sec. 471.1. Findings. Sec. 471.2. Title and Purpose. Sec. 471.3. Definitions. Sec. 471.4. Incentive Items with Restaurant Food. Sec. 471.5. Administrative Penalties and Enforcement. Sec. 471.6. Preemption. Sec. 471.7. City Undertaking Limited to Promotion of General Welfare. Sec. 471.8. Severability. Sec. 471.9. Effective Date.

Editor's Note: The bracketed division headers in this Article have been provided by the editor as an aid for the user and are not official parts of the Code.

SEC. 385. GATHERING, SALE, ETC., OF WATERCRESS GROWN NEAR SEWER

OUTLETS. No person shall gather, or sell, or offer for sale, or keep for sale, or give, or distribute, or otherwise dispose of any watercress, or any other edible herb or vegetable which has been, or is, or may be, growing within 1,000 feet of any sewer outlet, or any cesspool or any other place where stagnant water, or seepage, or other drainage, or any offensive matter, or any matter dangerous to health has, or may be accumulated.

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SEC. 390. MANUFACTURE, ETC., OF DANGEROUS FOOD ADULTERANTS.

No person, firm or corporation shall manufacture, sell, expose for sale, give away, distribute or deliver or have in their possession, with intent to sell, expose for sale, give away, distribute or deliver, or cause to sell, expose for sale, give away, distribute or deliver any baneful or injurious substance intended to be used in the preservation of any article of food or drink for human consumption.

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SEC. 391. PENALTY.

Any person, company or corporation violating any of the provisions of Section 390 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding $100, nor less than $25, or by imprisonment in the County Jail for a term not exceeding 100 days, nor less than 30 days, or by both such fine and imprisonment.

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SEC. 396. FURNISHING OF SAMPLES OF FOOD PRESERVATIVES TO DEPARTMENT.

Every person, firm or corporation who shall manufacture, sell, expose for sale, give away, distribute, deliver or have in their possession, with intent to sell, expose for sale, give away, distribute or deliver, any mixture, compound or other substance intended to used in the preservation of any article of food or drink for human consumption is hereby required to furnish to the Department of Public Health on its demand a sample of said mixture, compound or other substance intended to be used in the preservation of any article of food or drink for human consumption.

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SEC. 397. PENALTY.

Any person, company or corporation violating any of the provisions of Section 396 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding $100, nor less than $25, or by imprisonment in the County Jail for a term not exceeding 100 days, nor less than 30 days, or by both such fine and imprisonment.

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SEC. 402. USE OF PARAFFIN IN PREPARATION OF RICE.

It shall be unlawful for any person, firm or corporation to use, or cause to be used, any oil, paraffin or other similar substance in the process of cleaning or preparing rice for market.

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SEC. 407. CONVEYANCE OF BREAD, ETC., THROUGH PUBLIC STREETS.

It shall be unlawful for any person, company or corporation to carry, transport or convey, or to cause to be carried, transported or conveyed through the public streets in open baskets or exposed containers, or vehicles or otherwise, any bread, cakes or pastry intended for human consumption.

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SEC. 417. CRABS, SHELLFISH, ETC. – CONDITIONS, PREPARATIONS, ETC.

It shall be unlawful to send, bring or cause to be sent or brought into the City and County of San Francisco any live crabs, crawfish or other shellfish unless the same be in good healthy condition. It shall be unlawful to prepare for food for human consumption any crabs, crawfish or other shellfish which are not at the time of preparation alive or in good wholesome condition, or to sell, expose or offer for sale or have possession of the same. It shall be unlawful to send, bring or cause to be brought into the City and County of San Francisco any cooked crabs, crawfish or other shellfish, unless the same shall have been cooked for a period of not less than 40 minutes in boiling water at the time of preparation, and properly packed in ice while in transit to this City.

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SEC. 422. VEGETABLE CULTURE – WATERING AND GROWING AGENTS.

It shall be unlawful for any person, firm or corporation to use human discharges or excrement, or any water containing any human discharges or excrement, or the waters of any well, spring, pond or creek, which receives the discharges of any sewer or drain, or which by any means whatever has become polluted with sewage discharges, for the purpose of irrigating or sprinkling vegetables used for human consumption. It shall be unlawful for any person, firm or corporation to bring into the City and County of San Francisco, or to produce, sell, offer for sale or have in his or their possession for sale for human consumption in the City and County of San Francisco, without first obtaining a license from the Department of Public Health, to produce, sell, or offer for sale, vegetables for human consumption; and further they shall also be required to have a certificate by the Department of Public Health that said vegetables are produced in a manner that does not violate any of the provisions of this Section, and that the same are being handled and transported in wagons and containers satisfactory to the Department of Public Health, and said wagons and containers shall bear the legend "Inspected by the Department of Public Health, San Francisco, California," before a license for their operation is issued.

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SEC. 423. PENALTY.

Any person, firm or corporation who shall violate any of the provisions of Section 422 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than $25 and not more than $500 or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprisonment.

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SEC. 429. PENALTY.

Any person, firm, company or corporation violating any of the provisions of Section 428 of this Article shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 nor more than $500 or shall be imprisoned in the County Jail for a term not exceeding six months, or by both such fine and imprisonment. Food found to be adulterated, mislabeled or misbranded within the meaning of Section 428 may be seized and destroyed.

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SEC. 434. RECEIPT AND DELIVERY OF BREAD, ETC., AT BAKERIES, STORES, ETC.

It shall be unlawful for any person, firm or corporation to conduct and maintain, or carry on, or cause to be conducted, maintained or carried on, any bakery, store, shop or stand where there is to be received or delivered bread or other bakery products, unless the said bakery, store, shop or stand be provided with proper receptacles for bread, or other bakery products, as in Section 435 of this Article provided. Every bakery, store, shop or stand where bread or other bakery products of any kind are received or delivered shall be provided with a wooden receptacle for the reception and protection of bread or other bakery products, and into which all bread or other bakery products shall be placed when delivered as herein provided.

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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)

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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)

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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)

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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)

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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) —

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SEC. 446. SALE OF BREAD FOR OTHER THAN HUMAN CONSUMPTION.

It shall be unlawful for any person, firm or corporation operating any bakery or place where bread for human consumption is baked for sale to the public, or for any person, firm or corporation who sells or exposes such bread for sale, to knowingly sell or otherwise dispose of any bread for other than human consumption which was wholesome and suitable for such use at the time it was baked and of the standard weight as now established or as may be hereafter established by ordinance of the City and County of San Francisco, until after the expiration of a period of five days from the time such bread was baked. No bread baked for human consumption which was suitable for such use at the time it was baked and of the standard weight as established by ordinance shall be sold for other than human consumption until such bread has been offered and exposed for sale to the public for human consumption for a period of not less than three days. Every person, firm or corporation selling or offering for sale any bread for human consumption which at the time of such sale or offering for sale is more than 48 hours old, excepting Sundays or Holidays, shall cause such bread to be indicated as more than 48 hours old either by written or printed label or placard clearly announcing such fact. [Food Preparation and Service Establishments – Permits; Regulations; Disclosure Requirements]

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SEC. 452.2. [REPEALED.]

(Added by Ord. 118-21, File No. 210566, App. 8/4/2021, Eff. 9/4/2021; repealed by Ord. 44-22, File No. 211292, App. 3/22/2022, Eff. 4/22/2022)

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SEC. 453. DISEASED EMPLOYEES.

No employer shall require, permit or suffer any person to work, nor shall any person work, in a building, room, basement, cellar, place or vehicle, occupied or used for the production, preparation, manufacture, packing, storage, sale, distribution or transportation of food, who is afflicted or affected with or who is a carrier of any venereal disease, smallpox, diphtheria, scarlet fever, yellow fever, tuberculosis, consumption, bubonic plague, Asiatic cholera, leprosy, trachoma, typhoid fever, epidemic dysentery, measles, mumps, German measles, whooping cough, chicken pox, or any other infectious or contagious disease.

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SEC. 454. REGULATIONS.

The Director shall be responsible for the administration and enforcement of this Article 8 and the rules and regulations relating thereto. The Director may prescribe the rules and regulations relating thereto. All Food Preparation and Service Establishments shall be operated, conducted, and maintained in accordance with said rules and regulations. The rules and regulations to be issued by the Director, shall, among other matters, provide for the following: (a) Suitable ducts in said kitchens and elimination of obnoxious and disagreeable odors from said public eating places; (b) Suitable hoods for ranges; (c) Proper ventilation for kitchens and dining rooms; (d) Basements and storerooms to be dry, clean, and sanitary; (e) Regulation of refrigeration and storage of foodstuffs; (f) Installation and maintenance of proper sanitary plumbing; (g) Handling, storage, and dispensing of milk; (h) Receptacles for soiled linen, use of clean linens, and laundering thereof; (i) Methods and manner of dishwashing; (j) Collection and disposition of garbage and proper receptacles and containers therefor; (k) Adequate toilet facilities and the location of water closets, dressing rooms, lockers, and wash basins; (l) Cleanliness of the premises, utensils, and towels. (Amended by Ord. 49-26, File No. 250967, App. 4/10/2026, Eff. 5/11/2026)

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SEC. 455. RESERVED.

(Repealed by Ord. 233-08, File No. 080621, App. 10/30/2008)

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SEC. 456.2. PLACARD – PERIOD OF VALIDITY.

A Placard shall remain valid until a County Environmental Health Inspector completes the next Routine or Scheduled Inspection of the Food Preparation and Service Establishment. (Added by Ord. 81-04, File No. 040092, App. 5/20/2004; amended by Ord. 252-19, File No. 190710, App. 11/15/2019, Eff. 12/16/2019)

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SEC. 456.5. LIENS.

(a) All final costs, fees, and administrative penalties assessed against a person for violations of Section 451 through 456.4, inclusive, or the California Retail Food Code shall be an obligation owed to the City by the person found to have violated these sections, and the owner of the property where the food preparation and service establishment is located, provided that both have been given adequate notice of the alleged violation(s). Such obligation may be collected by means of the imposition of a lien against the property of the owner of the property or the person or business against whom the final administrative or civil penalty was assessed. The City shall mail to the owner of the property and to the person against whom the final amount was assessed (if different from the owner of the property) a notice of the amounts due and a warning that lien proceedings will be initiated against the property if the amounts are not paid within 30 days after mailing of the notice. (b) Liens shall be created and assessed in accordance with Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230). (Added by Ord. 81-04, File No. 040092, App. 5/20/2004; Ord. 233-08, File No. 080621, App. 10/30/2008) —

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SEC. 456.7. [REPEALED.]

(Added by Ord. 250-10, File No. 101178, App. 10/22/2010; repealed by Ord. 125-15 , File No. 150268, App. 7/17/2015, Eff. 8/16/2015) Editor's Note: Former Sec. 456.7 pertained to "Restaurant Appreciation Month." For current provisions relating to "Restaurant Week," see Administrative Code Sec. 1.62. [Establishments Serving Alcoholic Beverages and Food and Furnishing Entertainment]

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SEC. 460. ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AND FOOD AND

FURNISHING ENTERTAINMENT DEFINED. The establishments referred to in Section 460 to 466, inclusive, of this Article, are hereby defined to be any place, room, or space, upon or within any building or structure, where any alcoholic beverage and food of any kind or character is served, and where theatrical, operatic, vaudeville or dancing performance, or any combination of such performance, is conducted or permitted upon the floor, a platform, or a stage, upon or within said place, room or space.

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SEC. 461. PERMITS.

It shall be unlawful for any person, firm or corporation to conduct or maintain any such establishment in the City and County of San Francisco without first obtaining a permit therefor from the Department of Public Health. No such permit shall be issued by the Department of Public Health until the issuance of the same has been approved by the Department of Electricity, the Bureau of Building Inspection of the Department of Public Works and the Bureau of Fire Prevention and Public Safety.

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SEC. 462. APPLICATION – INVESTIGATION, ETC.

Application for said permit shall be made to the Department of Public Health, which said application shall state the proposed location of said establishment, the character of the building in which the same is proposed to be conducted or maintained, and a detailed plan of

the premises contemplated to be occupied by the applicant, as well as the number of patrons to be accommodated at any time in said establishment. Upon receipt of said application the Department of Public Health shall forthwith send copies thereof to the Department of Electricity, the Bureau of Building Inspection of the Department of Public Works and the Bureau of Fire Prevention and Public Safety. It shall be the duty of each of the said bureaus and departments, upon receipt of said application, to investigate the condition of the premises in which said establishment is proposed to be maintained in so far as said conditions come under the jurisdiction of the said respective bureaus and departments, and, upon the completion of said investigation, to approve or disapprove the granting of said permit. In the event of the disapproval of the application by any of said bureaus or departments, said application for said permit shall be denied.

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SEC. 463. APPLICATION, EXISTING ESTABLISHMENTS.

Any person, firm or corporation conducting or maintaining such establishment in the City and County of San Francisco on the 5th day of November, 1936, shall make immediate application to the Department of Public Health for a permit to continue the maintenance and conduct of said establishment.

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SEC. 464. GROUNDS FOR PERMIT REVOCATIONS – PROCEDURE.

Any violation of any existing laws of the City and County of San Francisco, shall constitute and shall be so construed as to be sufficient reason for the revocation of any permit. Any permit issued pursuant to the provisions of Sections 460 to 466, inclusive, of this Article, may be revoked by the Department of Public Health for cause upon application of any one or more of the Departments or Bureaus whose approval was first necessary for the issuance of the permit, after due hearing shall be first had therein; and reasonable notice shall be given to the person, firm or corporation charged with the said violation, and of the time, place and date set for the hearing on the revocation of said permit.

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SEC. 465. DISCRETION OF OFFICERS, ETC.

Whenever any discretion as to the operation, construction or equipment of any such establishment by Sections 460 to 466, inclusive, of this Article, is given to any officer, board, bureau, department or commission, the said officer, board, bureau, department or commission shall exercise said discretion only in so far as the same is necessary for the safety of the patrons and employees and other persons frequenting said establishment.

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SEC. 466. OTHER LAWS, RULES AND REGULATIONS.

All existing laws of the City and County of San Francisco, and all rules and regulations of the Department of Public Health, relative to the keeping, preparation and serving of food and alcoholic beverages in restaurants or other places open to the public shall apply to such establishments; and no such establishment shall permit dancing therein without a permit from the Police Department of the City and County of San Francisco. —

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SEC. 468. PURPOSE.

The purpose of Sections 468 through 468.8 is to provide consumers with information about the nutritional components of Food prepared, purchased, and eaten outside the home. Consumers must have basic nutritional information readily available in order to make informed choices about the Food that they, and their children and dependants, eat. These sections require Chain Restaurants to provide consumers with specific nutritional information on Menu Items, such as calorie content, so that consumers may be better able to make nutritional choices consistent with their health needs. Furthermore, ensuring informed food choices supports societal public health goals of preventing obesity, diabetes, and other avoidable nutrition-related diseases. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

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SEC. 468.5. REPORTING REQUIREMENTS. [SUSPENDED. ]

By August 1, 2008, and July 1st of every year thereafter, Chain Restaurants shall report to the Department of Public Health the information required by Sections 468.3 and 468.4 in an electronic format determined by the Department. The Department shall make this information available to the public. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008; Ord. 195-08, File No. 080826, App. 8/7/2008)

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SEC. 468.7. SEVERABILITY. [SUSPENDED. ]

It is the intent of the Board of Supervisors to supplement applicable State and Federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The Board of Supervisors hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008)

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SEC. 468.8. OPERATIVE DATE. [SUSPENDED. ]

The disclosure requirements set forth in Sections 468.3(b) and 468.4(c) shall become operative on September 20, 2008. (Added by Ord. 347-86, App. 8/15/86; Ord. 40-08, File No. 071661, App. 3/24/2008; Ord. 195-08, File No. 080826, App. 8/7/2008)

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SEC. 468.9. SUSPENSION OF ORDINANCE.

In order to promote enforcement of Section 114094 of the California Health and Safety Code, the Board of Supervisors suspends Sections 468.3 through 468.8. During the period of suspension, Sections 468.3 through 468.8 shall have no force or effect and shall not be enforced. The Department of Public Health shall take any and all appropriate actions to enforce Section 114094 of the California Health and Safety Code. (Added by Ord. 260-08, File No. 081377, App. 11/25/2008) SECS. 469-469.10. [REPEALED.] Editor's Note: Ordinance 295-06, File No. 060944, approved November 29, 2006, repealed Secs. 469 through 469.10, which pertained to food packaging. For provisions relating to similar subject matter, see Environment Code, Chapter 16 ("Food Service Waste Reduction Ordinance").

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SEC. 470.1. [REDESIGNATED.]

(Added by Ord. 191-12 , File No. 120668, App. 9/11/2012, Eff. 10/11/2012; amended by Ord. 88-15 , File No. 150349, App. 6/18/2015, Eff. 7/18/2015; redesignated as Administrative Code Sec. 5.10-1 and amended by Ord. 173-18, File No. 180521, App. 7/17/2018, Eff. 8/17/2018)

(Former Sec. 470.1 added by Ord. 206-05, File No. 050741, App. 8/12/2005; amended by Ord. 19-08, File No. 071668, App. 2/15/2008; Ord. 29-10, File No. 091446, App. 2/11/2010; expired 1/30/2012)

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SEC. 470.2. [REDESIGNATED.]

(Added by Ord. 191-12 , File No. 120668, App. 9/11/2012, Eff. 10/11/2012; amended by Ord. 88-15 , File No. 150349, App. 6/18/2015, Eff. 7/18/2015; redesignated as Administrative Code Sec. 5.10-2 and amended by Ord. 173-18, File No. 180521, App. 7/17/2018, Eff. 8/17/2018) (Former Sec. 470.2 added by Ord. 206-05, File No. 050741, App. 8/12/2005; amended by Ord. 19-08, File No. 071668, App. 2/15/2008; Ord. 29-10, File No. 091446, App. 2/11/2010; expired 1/30/2012) [Healthy Food Incentives Ordinance]

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SEC. 471.2. TITLE AND PURPOSE.

This Ordinance shall be known as the "Healthy Food Incentives Ordinance." The intent of this Ordinance is to improve the health of children and adolescents in San Francisco by setting healthy nutritional standards for children's meals sold at restaurants in combination with free toys or other incentive items. These standards will support families seeking healthy eating choices for their children by permitting restaurants to give away free toys and other incentive items in combination with foods only if those foods meet specified nutritional criteria. This Ordinance imposes no requirements or regulations for the advertising or labeling of food or beverages or the disclosure of ingredients. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

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SEC. 471.5. ADMINISTRATIVE PENALTIES AND ENFORCEMENT.

(a) The Director may issue administrative citations for the violation of Section 471.4. San Francisco Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," is hereby incorporated in its entirety and shall govern the amount

of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this Section. (b) The Department of Public Health shall inspect restaurants for compliance with Section 471.4 and shall enforce Sections 471.1-471.4. The Director may adopt rules and regulations to give effect to those sections. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

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SEC. 471.6. PREEMPTION.

In adopting this Chapter, the Board of Supervisors does not intend to regulate or affect the rights or authority of the State or Federal government to do those things that are required, directed, or expressly authorized by Federal or State law. Further, in adopting this Chapter, the Board of Supervisors does not intend to prohibit or authorize that which is prohibited by Federal or State law. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

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SEC. 471.7. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.

In undertaking the adoption and enforcement of this Chapter, the City is assuming an undertaking only to promote the general welfare. The City does not intend to impose the type of obligation that would allow a Person to sue for money damages for an injury that the Person claims to suffer as a result of a City officer or employee taking or failing to take an action with respect to any matter covered by this Chapter. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

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SEC. 471.8. SEVERABILITY.

If any of the provisions of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of this Chapter, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Chapter are severable. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

Exceptions & meaning →

SEC. 471.9. EFFECTIVE DATE.

The provisions of the Ordinance shall become effective on December 1, 2011. (Added by Ord. 290-10, File No. 101096; Eff. 12/1/2011)

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