CROSS REFERENCES
Marketing standards, RC Ch 925
Adulterated, misbranded and unsafe food, RC 3715.52, 3715.59 et seq.; CO 241.23
Unfair trade practices defined, CO 641.11
Unconscionable trade practices defined, CO 641.12
Notwithstanding the provisions of the Consumer Protection Code, it shall not be unlawful for any owner, manager or supervisor of a retail store or any independently operated department within such a store to sell or offer for sale fresh or frozen meat in such a package as is currently used in the industry, including but not limited to the use of what is generically referred to as "pulp" and "foam" trays.
(Ord. No. 1294-73. Passed 7-2-73, eff. 7-3-73)
On or after four months from December 10, 1973, no owner, manager or supervisor of a retail store or any independently operated department within such a store shall sell, offer for sale or expose for sale at retail, on the same premises where any fresh or frozen meat, fish, shellfish, poultry or any produce, all herein after referred to as merchandise, are packaged, without complying with the following:
(a) If the merchandise is packaged in a tray, the top of the package shall be completely visible, exclusive of labelling, which may occupy not more than ten percent of one side of the package or a total of five square inches, whichever is greater.
(b) If the merchandise is packaged in a tray, the tray containing the merchandise shall be constructed or manufactured so that at least seventy percent of the bottom is transparent or open or slotted so as to make the merchandise therein visible to the buyer. No material shall be used for wrapping purposes which would otherwise obstruct the visibility of the merchandise as set forth herein.
The provisions of this section shall not apply to merchandise packaged at the request of and in the immediate view of the buyer purchasing the specific item.
(Ord. No. 2196-73. Passed 12-3-73, eff. 12-10-73)
The Director of Consumer Affairs shall enforce the provisions of Section 651.02. The Director may grant an extension of time for compliance with the section where a written request supported by evidence of exceptional circumstances and substantial efforts to comply prior to the effective date would justify his finding that full compliance on or before the effective date would be impossible or create undue financial hardship in the particular instance.
(Ord. No. 1640-73. Passed 8-10-73, eff. 8-13-73)
(a) Whoever violates any provisions of this Chapter shall be subject to the penalties provided in Section 643.99.
(b) In addition to the penalties above, any person aggrieved by any violation of this Chapter may pursue remedies authorized by Section 643.11 of this Code.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)