Substitute Bill No. 1 for
BILL NO. 473, 1999
ORDINANCE NO.19,770, 1999

Introduced by Councilman Wagener

AMENDING CHAPTER 807, TITLE VIII SLCRO 1974 AS AMENDED, "RESTAURANTS," BY ENACTING AND ADDING THERETO A NEW SECTION TO BE KNOWN AS SECTION 807.305 CONCERNING HEPATITIS A VACCINATION, AND BY REPEALING SECTIONS 807.870 AND 807.880 AND ENACTING IN LIEU THEREOF TWO NEW SECTIONS PERTAINING TO THE SAME SUBJECT.

BE IT ORDAINED BY THE COUNTY COUNCIL OF ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

SECTION 1. Chapter 807, Title VIII SLCRO 1974 as amended, "Restaurants," is amended by enacting and adding thereto one new section which shall be as follows:

807.305 Hepatitis A vaccination.--1. No person shall be employed as a food handler for more than two weeks unless and until such person shall provide to his or her employer written certification by a health care provider that:

(a) the person is immune from hepatitis A; or

(b) the person has been vaccinated against hepatitis A, including a booster shot within six (6) to twelve (12) months of the original vaccination; or

(c) the person has received the initial vaccination against hepatitis A; however, said person must then provide the restaurant owner(s) a health care provider's certification of the required booster shot within one year of the date of the original vaccination.

2. Employers of food handlers shall retain all written certifications provided pursuant to this ordinance throughout the period of each person's employment at the facility and make records available to the Department of Health upon request.

3. For purposes of this section, "food handler" shall mean a person who is employed by any person or entity in any capacity which requires the preparation, handling or touching of any food (except uncut produce), utensils, serving items or kitchen or serving area surfaces or materials, in a place where food that is intended for individual service and consumption is routinely provided completely prepared, regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. Such places include restaurants, hospital cafeterias, school and nursing home kitchens, day care facilities, residential group homes, caterers, banquet facilities, coffee shops, cafeterias, short order cafes, luncheonettes, taverns, sandwich stands, soda fountains, food vending carts and all other eating or drinking establishments, as well as kitchens, commissaries or other places in which food or drink is prepared for individual sale elsewhere. The term does not include a private home where food is prepared for noncommercial home use, and it does not include the location of food vending machines.

4. The requirements of this section shall not apply to women while they are pregnant, nor to those persons who object to vaccination because of religious beliefs or because of medical contraindications which are verified in writing by a duly licensed physician.

SECTION 2. Chapter 807, Title VIII SLCRO 1974 as amended, "Restaurants," is amended by deleting Sections 807.870 and 807.880 and enacting two new sections in lieu thereof as follows:

807.870 Hospitals and Nursing Homes Excepted.-A restaurant operated by a hospital or nursing home primarily for the preparation and service of food to patients or residents of the said hospital or nursing home shall be exempt from the provisions of this chapter except for the provisions of Section 807.305, so long as the State of Missouri conducts inspections thereof at least two (2) times per year; and provided further that the said restaurant does not jeopardize the public health.

807.880 Day Care Homes Providing Care for More than Ten Children-Exceptions, Special Requirements.-1. The food services operations of day care homes and day nurseries where no potentially hazardous food (other than milk or juice packaged in containers for individual consumption) is served are exempt from the provisions of this chapter, so long as the facility does not jeopardize the public health.

2. The food services operations of day care homes and day nurseries providing care for more than ten children, where potentially hazardous food (other than milk or juice packaged in containers for individual consumption) is served are exempt from the provisions of Sections 807.040 through 807.850 except for the provisions of Section 807.305, but are subject to the provisions of Section 807.885.

SECTION 3. This ordinance shall become effective six months after the date of enactment.

ADOPTED: DECEMBER 16, 1999

JEFF WAGENER
CHAIRMAN, COUNTY COUNCIL

APPROVED:   DECEMBER 16, 1999

BUZZ WESTFALL
COUNTY EXECUTIVE

ATTEST:   JEANETTE O. HOOK
DEPUTY ADMINISTRATIVE DIRECTOR