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RESOLUTION 91-20331 RESOLUTION NO. 91-20331 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXEMPTING THE CITY OF MIAMI BEACH FROM THE PROVISIONS OF ARTICLE XIA OF CHAPTER 8A OF THE CODE OF METROPOLITAN DADE COUNTY, WHICH ARTICLE PROVIDES FOR COUNTY REGULATION OF KOSHER PRODUCTS AND COUNTY ENFORCEMENT OF SAME. WHEREAS, on June 20, 1991 the Board of County Commissioners of Metropolitan Dade County enacted Ordinance No. 91-65, establishing Article XIA of Chapter 8A of the Code of Metropolitan Dade County, which sets forth regulations to apply throughout Dade County pertaining to kosher products and provides for enforcement of those regulations by Dade County; and WHEREAS, Ordinance NO. 91-65 also provides that any municipality may exempt itself from the regulations and enforcement procedures therein by filing with the Clerk of the Board of County Commissioners and the Director of the Metropolitan Dade County Consumer Protection Division certified copies of a resolution of the governing body of the municipality exempting the municipality from the provisions of Article XIA, within sixty (60) days of the enactment of the Ordinance; and WHEREAS, Section 167 of the City of Miami Beach' s Related Laws and Chapter 16 of the Miami Beach City Code provide for City regulation of kosher products; and WHEREAS, the Code Enforcement Division of the City of Miami Fire Department has been successfully enforcing Related Laws Section 167 and City Code Chapter 16 within the City of Miami Beach; and WHEREAS, the City Commission of the City of Miami Beach deems it in the best interests of the citizens of the City to exempt the City of Miami Beach from the provisions of Article XIA of the Code of Metropolitan Dade County. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach is exempt from the provisions of Article XIA of Chapter 8A of the Code of Metropolitan Dade County, which Article provides for County regulation of kosher products and enforcement of same, and the City Clerk is hereby directed to send certified copies of this • Resolution to the Clerk of the Board of County Commissioners of Metropolitan Dade County and the Director of the Metropolitan Dade County Consumer Protection Division. PASSED and ADOPTED this 10th day of July 1991. MAYOR ATTEST: cLA,L\- CITY CLERK FORM APPROVED LF/SWS/jcl LEGAL DEPT. a:\kosher.res. By ,--itteet444 Date ece vale% F L O R I D A 3 3 1 3 9 'M1 gEw, e *:INCORP ORATED t*! , ,, t ° V�4CA TIUNL,�IVL) U. S. A. 1/4t OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. DATE: July 10, 1991 TO: Mayor Alex Daoud and Members of the City Co I fission FROM: Carla Bernabei Talarico City Manager SUBJECT: DADE COUNTY ORDINANCE REGULATING SALE OF KOSHER PRODUCTS BACKGROUND: The City Attorney' s office advised me that on June 20th the Dade County Commission, on final reading, passed an ordinance regulating the sale of kosher products. Section 8A-270 of the ordinance permits municipalities to exempt their jurisdictions from the county ordinance by passing a resolution so stating, and by filing with the Clerk of the County Board of Commissioners and the Director of the Metropolitan-Dade County Consumer Protection Division certified copies of our resolution within sixty (60) days of passage of the County ordinance. If a municipality does not exempt itself, then the Dade County Ordinance applies within the municipality' s jurisdiction and is supplemental to any municipal ordinances on this subject. (The Dade County Ordinance would be enforced by Dade County inspectors and the City' s Ordinance would be enforced by the City inspector. ) Pursuant to Section 8A-270, where there is a conflict between the two Ordinances, the stricter one prevails on that point. The City Attorney has suggested that it would be cost effective to allow the County to take over enforcement of regulating the sale of kosher products, since the Dade County ordinance would be enforced by Dade County Consumer Protection Agency employees. The City Attorney also informed me that Rabbi Stern and Rabbi Lehrman appeared to have no objection to the County' s regulating these sales. These responsibilities have been administered by the City of Miami Beach since 1955, and the enforcement specialist currently performing these duties has an outstanding achievement record. There are three options available to the City regarding enforcement of the sale of kosher products: Option 1. Exercise our option to exempt our jurisdiction from the County ordinance by passing a resolution and enforcing our own ordinance. AGENDA -7- ITEM . 0 DATE PAGE 2 (Continued) COMMISSION MEMORANDUM NO. DATE: July 10, 1991 Option 2 . Do not exercise our option within the sixty day period, resulting in Dade County assuming enforcement responsibilities within the City of Miami Beach. This option means that we have County ordinances and City ordinances both in effect. Where there is a conflict between the two ordinances, the provision which establishes the more stringent requirement shall prevail. Option 3 . Do not exercise our option within the sixty day period and at the same time repeal the City ordinances, thereby removing any conflicts that may exist between the two ordinances. ADMINISTRATION RECOMMENDATION: That the Mayor and City Commissioners consider the options and select the one most beneficial for the City of Miami Beach. CBT:BD:jb 12 • CITY OF MIAMI BEACH TO: CARLA BERNABEI TALARICO DATE: JUNE 4, 1991 CITY MANAGER FROM: LAURENCE FEINGOLD ' CITY ATTORNEY SUBJECT: PROPOSED DADE COUNTY ORDINANCES REGULATING SALE OF KOSHER PRODUCTS On June 18, 1991 the Dade County Commissioners will hold a public hearing to consider passing on final reading an ordinance regulating the sale of kosher products. Section 8A-270 of the proposed ordinance permits municipalities to exempt their jurisdictions from the county ordinance by passing a resolution so stating, and by informing the Dade County Consumer Protection Division of their decision within sixty (60) days of passage of the County ordinance. If a municipality does not exempt itself, then the Dade County Ordinance applies within its jurisdiction and is supplemental to any municipal ordinances on this subject. (The Dade County Ordinance would be enforced by Dade County inspectors and the City's Ordinance would be enforced by the City inspector. ) Pursuant to Section 8A-270, where there is a conflict between the two Ordinances, the stricter one prevails on that point. If the Dade County Ordinance passes on final reading on June 18, 1991, then the City Commission will need to decide whether to exempt the City. Since the City Commission does not meet in August and the decision must be made within 60 days of June 18th, the Commission will have to make this decision by its last meeting in July. You may want to advise the Commission of their options regarding the County ordinance. It seems that it would be cost effective to allow the County to take over enforcement in this area. In this regard, I met with the Mayor, Rabbis Stern and Learman who appeared to have no objection to the County taking over. The Rabbis informed me that there are two kosher butcher shops in Miami Beach today. I do not know if this is correct. It should be noted that the Dade County Ordinance regulates all restaurants and grocery stores as well as kosher butchers. SWS:jcl (c:\lKosher.Mem.) 15 AGENDA ITEM - // DATE �� " v .. a �. MEMORANDUM Substitute 107O7.17AA,,Ilk ',Al AA. .1 Agenda Item No . 2 (c? ) TO: Honorable Mayor and Members DATE: June 18 , 1991 Board of County Commissioners SUBJECT: Ordinance Regulating Kosher Products FROM: Robert A. Ginsburg Dade County Attorney 9 - 6 5 This item was placed on the agenda at the request of Mayor Stephen P. Clark. This substitute is the result of public comment. It differs from the original item by modifying the definition of the term "Kosher" and its utilization throughout the ordinance and also deletes a requirement for rabbinical supervision. Robert A. Gin§burg j RAG\PST\mag attachment is Substitute Agenda Item No. 2 (e ) 6-18-91 9 1 - 6 5 ORDINANCE NO. ORDINANCE ENACTING ARTICLE XIA OF CHAPTER 8A OF THE CODE OF METROPOLITAN DADE COUNTY, FLORIDA, RELATING TO REPRESENTATIONS CONCERNING AND REQUIREMENTS FOR THE SALE OF KOSHER PRODUCTS, PROVIDING FOR PROHIBITION OF UNLAWFUL PRACTICES, PROVIDING DISPLAY AND HANDLING REQUIREMENTS, PROVIDING DEFINITIONS, PROVIDING IDENTIFICATION REQUIREMENTS FOR KOSHER MEAT AND POULTRY, PROVIDING FOR FILING REQUIREMENTS AND PRESUMPTIONS, PROVIDING FOR INSPECTION OF KOSHER MEAT DEALERS, KOSHER POULTRY DEALERS AND DEALERS IN KOSHER FOODS AND FOOD PRODUCTS, PROVIDING FOR RECORDS REQUIRED TO BE MAINTAINED BY KOSHER MEAT DEALERS AND KOSHER POULTRY DEALERS, PROVIDING FOR APPLICABILITY AND CONFLICT, AND PROVIDING CRIMINAL PENALTIES; AMENDING CHAPTER 8CC OF THE CODE OF METROPOLITAN DADE COUNTY, FLORIDA, PROVIDING CIVIL PENALTIES; REPEALING SECTION 8A-120. 1 OF THE CODE OF METROPOLITAN DADE COUNTY, FLORIDA, RELATING TO COSTS; AMENDING SECTION 8A-124 OF THE CODE OF METROPOLITAN DADE COUNTY, FLORIDA, PROVIDING ENFORCEMENT PROCEDURE, REMEDIES, ATTORNEYS FEES AND COSTS RELATED TO CONSUMER PROTECTION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA: Section 1 . Article XIA of Chapter 8A of the Code of Metropolitan Dade County, Florida, is hereby enacted as follows : ARTICLE XIA REPRESENTATIONS CONCERNING AND REQUIREMENTS FOR THE SALE OF KOSHER PRODUCTS; INSPECTION OF KOSHER MEAT DEALERS, KOSHER POULTRY DEALERS, AND DEALERS IN KOSHER FOODS .,FOOD PRODUCTS; RECORDS REQUIRED TO BE MAINTA NED- , BY KOSHER MEAT DEALERS AND KOSHER POULTRY DEALERS . 17 6 ° o Substitute Agenda Item No. 2(e) Page No. 2 Sec. 8A-261 . Definitions . (a) The following words and terms when used in this Article shall have the following meanings, unless the context indicates otherwise: 1 . "Advertises, represents or holds itself out" shall mean engaging in any kind of promotional activities including but not limited to posters , newspaper, radio and television advertising and distribution of fliers . 2 . "Kosher" shall mean a food product intended for human consumption which is prepared and maintained in strict compliance with the Code of Jewish Laws as set forth in the Shulchan Aruch. 3 . "Kosher brand" shall mean a mark of a type approved by the United States Department of Agriculture. 4 . "Kosher for Passover" shall mean a Kosher food or food product which is prepared and maintained in strict compliance with the Code of Jewish Laws as set forth in the Shulchan Aruch with respect to the Jewish holiday of Passover. 5 . "Kosher-style, " "Kosher-type, " "Jewish, " "Hebrew" or other similar words shall mean a non-Kosher food or food product which has not been prepared or maintained in strict compliance with the Code of Jewish Laws as set forth in the Shulchan Aruch, but rather has either been prepared in such a way as to simulate the taste, appearance or consistency of a Kosher food or food product or has originally been .prepared in accordance with the above religious requirements but has not been maintained in the proper manner in order to remain Kosher. 6 . "Pareve" shall mean a Kosher food or food product which is prepared and maintained in strict compliance with the Code of Jewish Laws as set forth in the 18 . - r. 451. . c_ r ehJ♦•2=...t'.-.'JL .._.:1-_•-,...►v... _ v rw• ...r...._ -\..`.. ._ ... 1 • //I r • V Substitute Agenda Item No. 2(e) • Page No. 3 Shulchan Aruch and which is neither a meat nor a dairy product or by-product. ?. "Person" shall mean an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity. When used in this Article "person" shall include, in addition to all retail establishments , all dealers in Kosher meat, poultry, food or food products, Dade County-based manufacturers, wholesalers , processors , slaughterhouses and all others along the chain from the time the product •is manufactured or, in the case of meat or poultry from the time of the slaughter, to the time of its sale, and who hold themselves out as Kosher or dealing in Kosher meat, poultry, food or food products . 8. "Plumba" shall mean the tin seal commonly used in the Kosher food industry with the word "Kosher" indicated thereon either in English or Hebrew letters , and with certain letters, figures or emblems indicated thereon which will positively identify such seal with the particular slaughterhouse where the animal was slaughtered or processed . 9 . "Properly sealed packages" shall mean those packages placed on or around the Kosher meat, Kosher poultry, or Kosher food or food product by the processor or manufacturer. 10 . "Tag" shall mean a tag in any form bearing the name and address of the slaughterhouse where the animal was slaughtered, the name of the person who sanctioned the Kosher slaughtering of meat or poultry at the slaughterhouse named and the date of the slaughter . 11 . "Dealer in Kosher food or food products" shall mean any store, restaurant, hotel , food cart, catering facility or any other place where foods or food products are sold or offered for sale or served 19 .... .. ... ..'• i..-.L.%1. _.i.._ .. .E......• ... ..,-.�r'..Gt.4:. r ...._..,t.• ... ...A.'4-moi 1. . __...:•.lr 1 V:v.•.. 1f.-_. r a - .. ti_2•'.-n.. • • • N 0 Substitute Agenda Item No. 2(e) Page No. 4 as Kosher or as having been prepared according to or with a product sanctioned by the Code of Jewish Laws as set forth in the Shuichan Aruch. 12. "Kosher meat dealer" or "Kosher poultry dealer" shall mean any person engaged in the slaughtering or wholesaling . of properly identified Kosher meat or properly identified Kosher poultry, as the case may be, or who purchases , obtains or receives properly identified Kosher meat or properly identified Kosher poultry, as the case may be, from slaughterhouses, wholesalers or other sources and who cuts , slices , carves , breaks down or divides such Kosher meat or such Kosher poultry into smaller quantities or portions intended for sale to a customer as Kosher meat or Kosher poultry, as the case may be. Places of business performing the aforesaid operations include, but are not limited to: caterers , hotels , summer camps , butcher shops , delicatessens , supermarkets, grocery stores , freezer dealers and food plan companies . Such places of business may also purchase, sell, handle, package and process non-Kosher meat, non-Kosher poultry, and other Kosher and non-Kosher food products . 13 . "Non-Kosher meat" or "non-Kosher poultry" shall mean meat or poultry, as the case may be, which is obtained from animals which are not approved or which are not slaughtered in strict compliance with the Code of Jewish Laws as set forth in the Shuichan Aruch, and which does not have affixed thereto the Kosher plumba or Kosher tag placed on such Kosher meat or such Kosher poultry, as the case may be, at the slaughterhouse where the animal was slaughtered . Non-Kosher meat or non-Kosher poultry , also shall mean meat or poultry, as the case may be, which is obtained from animals which are approved and slaughtered in strict compliance with the Code of Jewish Laws as set forth in the Shuichan Aruch but which does not have affixed thereto the Kosher plumba 20 • - .. ..max-•..-' - .-_.. ... ♦ . ... i. .. Substitute • Agenda Item No. 2(e) Page No. 5 or Kosher tag placed on such meat or poultry, as the case may be, at the slaughterhouse where the animal was slaughtered . ?.4. "Properly identified Kosher meat" or "properly identified Kosher poultry" shall mean Kosher meat or Kosher poultry, as the case may be, which is obtained from animals which are approved and slaughtered in strict compliance with the Code of Jewish Laws as set forth in the Shulchan Aruch and which has affixed thereto the Kosher plumba or Kosher tag placed on such Kosher meat or Kosher poultry, as the case may be, at the slaughterhouse where the animal was slaughtered . Sec. 8A-262. Unlawful Practices . (a) It shall be a violation of this Article for any person to sell , offer for sale, expose for sale, serve, or have in said person' s possession with intent to sell , by any of the following means , in any restaurant, hotel , food cart, store or catering facility or any other place, any meat, poultry, food or food product which is falsely represented to be "Kosher" , "Kosher for Passover" , "under Rabbinical Supervision" , "pareve" or as having been prepared according to or with a product sanctioned by the Code of Jewish Laws as set forth in the Shulchan Aruch: 1 . By direct statements , orally or in writing; or 2. By display of the word "Kosher" in English or Hebrew letters , or by display of any sign, emblem, insignia, six-pointed star, symbol or mark in simulation of the word Kosher; or 3 . By inscription on any meat, poultry, food or food products , or its package, container or contents , the word "Kosher" , "Pareve" , "Glatt, " or "Rabbinical Supervision" in English or Hebrew letters , or by display or 21 • Substitute Agenda Item No. 2(e) Page No. 6 inscription of any sign, emblem, • insignia, six-pointed star, symbol or mark in simulation of the word Kosher; or 4 . By display on any interior or exterior sign or menu or otherwise, the words "Kosher-Style, " "Kosher-Type, " "Jewish, " "Hebrew, " "Holiday (Jewish) Foods , " "Traditional (Jewish) , " or other similar words, either alone or in conjunction with the word "Type, " "Style" or other similar expression, unless there is clearly and conspicuously stated a disclaimer in the same size type or letters in some prominent place or location that these terms refer to non-Kosher ,meat, poultry, food or food products or any non-Kosher food-handling facility; or 5 . By advertisement , either oral or in writing, using the words "Kosher-Style, " "Kosher-Type, " "Jewish, " "Hebrew, " "Holiday (Jewish) Food , " "Traditional (Jewish) , " or other similar words, either alone or in conjunction with the word "Type, " "Style" or other similar expression, unless there is clearly and conspicuously stated a disclaimer in type no smaller than the smallest type in the advertisement, and in no event less than 10-point type, that the product or products offered for sale are non-Kosher . i. The disclaimer shall appear in a box within the advertisement and shall be preceded with the word "NOTICE, " or other similar word , in not smaller than bold 14-point type. ii. An advertisement that utilizes any Kosher symbol that also promotes the sale of non-Kosher meat, poultry, food or - food products is in violation of this Article unless there is clearly and conspicuously stated in the advertisement a disclaimer, in accordance with the 22 • Substitute Agenda Item No. 2(e) Page No. 7 • requirements of this paragraph, that some of the meat, poultry, food or food products offered for sale are non-Kosher, or 6 . By unauthorized use of a Kosher food symbol including, but not limited to OU, OK, VH, NK, SK, CRC, KAJ, KOF-K . Sec. 8A-263 . Display and handling requirements . (a) Kosher meats, Kosher poultry, and Kosher food or food products sold by a restaurant, hotel, store, catering facility, food cart, or any other place which advertises , represents or holds itself out as selling, serving or offering for sale both Kosher and non-Kosher meats , poultry, food or food products shall be deemed to be falsely represented to be Kosher within the meaning of this Article and a violation of this Article unless the following display and handling requirements are observed : 1 . Interior display and handling requirements are as follows : 1 . Kosher meats, Kosher poultry, and Kosher food or food products which are not prepared , cut, sliced , carved , broken down or divided into smaller portions on the premises of the place in which they are offered for sale, and which are contained in properly sealed packages , may be commingled with non-Kosher meats , non-Kosher poultry, and non-Kosher food or food products , provided , however , that if a person indicates by sign or label that Kosher products are contained in a separate display cabinet or section, only Kosher products shall be contained therein; ii. Kosher meats, poultry, food or food products which are prepared , cut , sliced , carved , broken down or divided into smaller portions on the premises of the place in which they are offered for sale shall not be commingled with non-Kosher 23 e . • Substitute Agenda Item No. 2(e) Page No. 8 meats, poultry, food or food products . Kosher meats , 'poultry, food or food products shall be kept in a separate display cabinet which shall not contain any non-Kosher meat, non-Kosher poultry, non-Kosher food or food products, or any dairy products and shall be completely separated from any non-Kosher meats , non-Kosher poultry, non-Kosher food or food products or any dairy products by a clearly visible divider. iii. There shall be a clearly visible sign in block letters affixed to the separate display cabinet or Kosher section of said cabinet indicating that only KOSHER FOOD is contained therein and indicating which section contains only DAIRY products and which section contains only MEAT. iv. Kosher dairy foods shall be prepared in utensils that are separate and distinct from those used to prepare Kosher or non-Kosher meats and poultry and all servicing and eating utensils shall be kept separate and apart as either meat or dairy. Such Kosher meat, poultry, and food or food products shall be sliced with a separate knife, and on a separate cutting board , or on a separate slicing machine, used solely for Kosher meat , Kosher poultry, and Kosher food or food products and labelled "Kosher" in clearly visible block letters affixed to the knife or, in the case of a slicer,- either affixed to the slicer or displayed in a prominent place on the premises where the slicer is maintained . v. No articles of food or food products , including meats and poultry , shall be sold as Kosher or Kosher for Passover unless a Kosher or Kosher for Passover identification is securely affixed 24 Substitute Agenda Item No. 2(e) Page No. 9 thereto by the processor, manufacturer or packer at its premises . No person other than such processor, manufacturer or packer shall possess or affix such marks of identification. vi. No raw meat or poultry shall be sold or offered for sale as Kosher unless the words "soaked and salted, " "not soaked and salted" or "soaked and salted upon request only" , as the appropriate case may be, is prominently displayed on a sign in conjunction with the product. If the raw meat or poultry is packaged , the words "soaked and salted" or "not soaked and salted" shall be marked on the package label in lieu of, or in addition to, the above requirement, but in no event shall packaged raw meat or poultry be sold or offered for sale as Kosher without the date of packaging clearly marked on the label . No person shall sell or offer for sale, as Kosher, any raw meat or poultry that is identified as "soaked and salted" unless the product has been soaked and salted in a manner which makes it Kosher. 2. Washing and deveining requirements are as follows : i . Kosher meats shall be maintained Kosher and shall be properly deveined and , with the exception of liver, washed within seventy-two ( 72 ) hours after slaughter, and within each subsequent seventy-two ( 72 ) hour period , in accordance with the Code of Jewish Laws as set forth in the Shulchan Aruch. The date and time of the day (A.M. or P.M. ) of each washing and the name of the person performing such duty shall be legibly indicated on all tags attached to said meat . ii . Meats to be washed enroute shall be packed in such a manner as to allow washing to be done as prescribed • 25 a 0 Substitute Agenda Item No. 2(e) Page No. 10 above. The date and time of day of the washing shall be indicated on all tags or by means of a written statement securely attached inside the car or other vehicle and signed by the person supervising the washing. Upon receipt of the meat so washed enroute, the information contained in the written statement shall be legibly transferred to tags attached to the meat by the person receiving the meat. iii. When tongues , offal and other parts of meat that are packed in containers and are not deveined , soaked , salted and rinsed in a manner which would make them Kosher prior to shipping, said parts of meat shall be packed in containers that are sufficiently perforated to permit the free flow of water to • reach all sides of said tongues , offal and other parts of meat packed therein and to enable the water to freely flow out again. iv. When calves are shipped unflayed and part of the skin is detached from the meat , the water shall also reach every portion of the meat under the detached skin. v. All marks of Kosher identification shall be removed by the owner or consignee from meat which has not been properly washed immediately after the time of washing has expired provided , however , that liver shall be excepted from the requirements of this paragraph. All marks of Kosher identification shall be removed by the owner or consignee from meat on which the date and time of day (A.M. or P.M. ) of each washing has not been properly indicated on all tags attached thereto. Stamps , inscriptions and incisions of Kosher marks of identification impressed on the meat shall be removed by the owner or consignee by blotting out or obliterating such marks of identification. 26 Substitute Agenda Item No. 2(e) f' Page No. 11 3 . Exterior sign requirements are as follows : i . Any restaurant, hotel, store cart, cateringfood facility or any other place as is described in (a) above shall display in a prominent place in its front window or pedestrian entrance area the following sign which shall be printed in block letters at least four inches in height: "KOSHER AND NON-KOSHER FOOD PRODUCTS SOLD HERE. " Sec. 8A-264 . Identification requirements . • (a) All meats sold as Kosher, regardless the size of the portion, g of thereto shall have affixed hereto at the slaughterhouse a. ta plumba. The tags shallg o r g be affixed as follows: 1 . For all forequarters of steers cow bulls, heifers and y e arling , s , calves, the following Kosher identifications shall be affixed to each of the following parts: i . Breast, rib, plate (outside) , plate pieces ( inside) , chuck, shoulder, heart, lung, oxtail , tripe, milt (spleen) , tenderloin (hanger) : plumba and tag; ii . Liver: two Kosher brands and two plumbas, one of each to the opposite ends of the liver, so that if the liver is cut in half through bear one the vein each half willg plumba and one Kosher brand • iii. Feet: plumba and tag to each foot; iv. Breads : plumba and tag to each pair. v. Brains : plumba to each brain, when sold separately from the head; 27 Substitute Agenda Item No. 2(e) Page No. 12 vi . Tongue: plumba and tag at the tip, and a Kosher brand at the tip on a smooth surface; vii. Breastbone: incisions in the form of Hebrew characters, showing the date of slaughter . 2. For all foresaddles of veal, the following Kosher identifications shall be affixed to each of the following parts : i. Breast: incision on each in the form of Hebrew characters , showing the date of slaughter; ii . Rack : two incisions on the inside, one of them on each side of the spine, in the form of Hebrew characters , showing the date of slaughter; iii. Shoulder : plumba and tag; iv . Liver: plumba affixed to the center of the liver at the vein, and a Kosher brand on the upper surface of the liver; v . Haslett: plumba and tag through the heart and milt; vi . Lung: plumba and tag; vii . Feet : plumba and tag to each foot; viii .Breads : one tag, and one plumba drawn through three pairs; ix. Brains : plumba to each brain, when sold separately from the head; x. Tongue: plumba and tag at the tip, and a Kosher brand at the tip of the smooth surface. 28 Substitute Agenda Item No. 2(e) Page No. 13 3 . For all foresaddles of lamb and mutton, the following Kosher identifications shall be affixed to each of the following parts : i. Breast: incision on each in the form of Hebrew characters, showing the date of slaughter; ii. Rack: two plumbas and two tags , one of each to either side of the spine; iii . Shoulder: plumba and tag; iv. Haslett: plumba and tag through the liver and milt; v. Tongue : one tag, and one plumba drawn through each group of six; vi . Brains : plumba to each brain, when sold separately from the head; vii . Liver: plumba and tag at the center of the liver, when sold separately from the haslett. (b) The slaughterer and wholesaler of Kosher poultry is responsible to ensure that plumbas are affixed and remain on each and every portion. A Dade County-based slaughterer or wholesaler shall not refuse to accept returned poultry that is missing the necessary plumbas and shall provide a refund for same. Sec. 8A-265 . Filing requirements . (a) Any person operating a restaurant, hotel, store, catering facility, food cart, or any other place which advertises , represents or holds itself out as selling, serving or offering for sale exclusively Kosher meat, poultry , food or food products , shall file with the Director of the Metropolitan Dade County Consumer Protection Division a document from a supervising rabbi or rabbinical organization that said establishment complies with the dietary requirements of the Code of Jewish Laws as . set forth in the Shulchan Aruch or, if said establishment is not under rabbinical supervision, so advise the Director in 29 ` e Substitute Agenda Item No. 2(e) Page No. 14 writing. The Director of the Metropolitan Dade County Consumer Protection Division shall be notified in writing, within ten ( 10 ) business days, of any change in the Kosher or rabbinical supervision status referred to above. Failure to notify the Director of a change in the Kosher or rabbinical supervision status as provided herein shall constitute a violation of this Article. (b) Any person providing Kosher supervision to any restaurant, hotel , store, food cart , catering facility, slaughterer, or any other place shall file with the Director of the Metropolitan Dade County Consumer Protection Division a document listing the name, address and type of establishment that the person is supervising. The Director shall be notified , in writing, within ten ( 10 ) business days by said person of the date of termination of such supervision. Failure to notify the Director of said termination shall constitute a violation of this Article . Sec. 8A-266 . Presumptions . Evidence of possession by any person of any non-Kosher meat, poultry, food or food products in any restaurant, hotel , store, food cart, catering facility or any other place where meat, poultry, food or food products are sold or served and which person advertises , represents or holds itself out as only selling Kosher meat, poultry, food or food products at such place, creates a rebuttable presumption that the person is in possession of such non-Kosher meat , poultry , food or food products with the intent to sell such non-Kosher meat, poultry, food or food products at such place . Sec. 8A-267 . Exculpation. A person operating a restaurant , hotel , store, food cart, catering facility or any other place where meat, poultry, food or food products are sold or served shall not be deemed to have committed a violation of this Article if a preponderance of the evidence establishes that said person relied in good faith upon the representations of a 30 • s �i�►+wo Oti Substitute Agenda Item No. 2(e) Page No. 15 slaughterhouse, manufacturer , processor , packer or distributor of any meat, poultry, food or food products represented to be Kosher, Kosher for Passover or as having been prepared according to or with a product sanctioned by the Code of Jewish Laws as set forth in the Shulchan Aruch. Sec. 8A-268 . Records required to be maintained by Kosher meat dealers and Kosher poultry dealers . ( a) Complete and accurate records of all purchases of properly identified Kosher meat, properly identified Kosher poultry , non-Kosher meat, and non-Kosher poultry from slaughterhouses , wholesalers or any other source shall be kept by every Kosher meat dealer and by every Kosher poultry dealer, including the name and address of the slaughterhouse, wholesaler or other source from which such purchases are made, the dates , quantities and identity or nature of the meat or poultry included in all such purchases , and copies of all invoices and bilis of sale relating to all such purchases . Kosher meat dealers and Kosher poultry dealers shall retain all such records for a two year period following the purchase of the particular properly identified Kosher meat, properly identified Kosher poultry , non-Kosher meat, and non-Kosher poultry. Records shall be separated into two sets , one set for Kosher meat and poultry and one set for non-Kosher meat and poultry . (b) Kosher meat dealers and Kosher poultry dealers shall not remove the attached plumbas or tags or any duly affixed identifications affixed thereto by the slaughterhouse from any Kosher meats , Kosher poultry, or any other Kosher products received therefrom until the time immediately preceding the point in time when said Kosher meat, Kosher poultry, or product, whenever appropriate, is ready to be cut, sliced , carved , broken down, or divided into smaller quantities or portions . 31 Substitute kienda Item No. 2(e) Page No. 16 Sec. 8A-269 . Inspection of Kosher meat dealers, Kosher poultry dealers and dealers in Kosher food or food products . (a) The inspections provided for by this section shall only be conducted by authorized inspectors of the Director of the Metropolitan Dade County Consumer Protection Division. (b) When conducting an inspection as provided for by this Article, the authorized inspectors shall utilize the inspection report form approved by the Director to report the date of the inspection, the nature and scope of the inspection and the findings of the inspection. (c) For the purpose of making any inspections under this section, the authorized inspectors of the Director shall • have a right of entry to, upon and through the business premises of all. Kosher meat dealers , Kosher poultry dealers , and dealers in Kosher food or food products . (d ) Authorized inspectors of the Director shall make inspections of Kosher meat dealers , Kosher poultry dealers and dealers in Kosher food or food products for the purpose of: 1 . Determining by examination of the meat , poultry, food , food products , tags , plumbas , or any other proper identification and by inspection of the records whether or not the establishment under inspection is in compliance with this Article . (e) The scope and manner of inspections shall be as follows : 1 . At the commencement of all inspections provided for by this section, the authorized inspectors of the Director shall present appropriate identification of themselves to the Kosher meat dealer, Kosher poultry dealer or Kosher food or food products dealer, owner , manager or any sales person and shall advise said person of the purposes of the inspection to be conducted under the provisions of this section . 32 Substitute Agenda Item No. 2(e) Page No. 17 2. All inspections provided for by this section shall be limited to: i. The meat and poultry and other food and food products located on the business premises of the Kosher meat dealer , Kosher poultry dealer or Kosher food or food products dealer . The business premises shall include all places of storage of meats, poultry and food or food products , all places where meat, poultry and food or food products are cut, sliced , carved , broken down, or divided into smaller quantities or portions and all places where meat , poultry and food or food products are prepared and sold to customers ; and i i . The records required to be kept by Kosher meat dealers and Kosher poultry dealers under the provisions of this Article. 3 . The inspections provided for by this section shall be made during the regular business hours of the Kosher meat dealer, Kosher poultry dealer or Kosher food or food products dealer , and at any time, including non-business hours , when deliveries of meat, poultry and food or food products are made to any of the aforesaid dealers or when any of the aforesaid dealers is engaged in the cutting, slicing, carving, breaking down, preparing, packaging, processing, or dividing of meat , poultry or food or food products into smaller quantities or portions . 4 . In carrying out the requirements of this section, no advance notice of an inspection shall be required to be provided to any person . 5 . All inspections of the meat, poultry or food or food products located on the business premises of Kosher meat dealers , Kosher poultry dealers and Kosher food or food products dealers and all inspections of the records required to be kept by said persons under the 33 f O Substitute Agenda Item No. 2(e) Page No. 18 provisions of this Article shall be conducted in such a manner so as to not unduly interfere with the regular business operations of the Kosher meat dealers, Kosher poultry dealers and Kosher food or food products dealers . (f) A failure to allow an authorized inspector a right of entry upon the business premises of a Kosher meat dealer, Kosher poultry dealer or Kosher food or food products dealer in accordance with the requirements of this Article shall be a violation of this Article. (g) At the completion of all inspections provided for by this section, the authorized inspectors of the Director shall prepare an inspection report which shall indicate the date of the inspection, the nature and scope of the inspection and the findings of the inspection. A copy of the inspection report • shall be filed in the records of the Director. (h) Inspectors authorized by the Director may, under the following circumstances , tag meat, poultry or food or food products as evidence of a possible violation of this Article. 1 . Upon reasonable belief that certain meat , poultry or food or food products in the possession of a Kosher meat dealer, Kosher poultry dealer or Kosher food or food products dealer is not Kosher. 2 . Upon discovery that certain meat or poultry in the possession of the Kosher meat dealer or Kosher poultry dealer is not identified in accordance with this Article. 3 . Upon discovery that certain meat or poultry in the possession of the Kosher meat dealer or Kosher poultry dealer has not been maintained in accordance with this Article : i . A Kosher meat dealer , Kosher poultry dealer or Kosher food or food products dealer whose meat is 34 Substitute Agenda Item No. 2(e) Page No. 19 tagged as evidence in accordance with (h) above shall not remove the tag or dispose of the meat, poultry or food or food product for a period of seventy-two ( 72 ) hours unless notified otherwise by an authorized representative of the Director . Removal of the aforesaid tag or disposal of tagged meat, poultry or food or food product in violation of this paragraph shall constitute a violation of this Article. Sec. 8A-270 . Applicability; Conflict; Municipalities . (a) The provisions of this Article shall apply in both the incorporated and unincorporated areas of Dade County , Florida, and shall be deemed supplemental to all county and municipal ordinances . (b) In the event of a conflict between the provisions of this Article and the provisions of any county or municipal ordinance, the provision which establishes the more stringent requirement shall prevail . (c) The provisions of this Article shall not apply within any municipality which files with both the Clerk of the Board of County Commissioners and the Director of the Metropolitan Dade County Consumer Protection Division certified copies of a resolution of the governing body of such municipality which notifies the Board of County Commissioners and the Director of the Metropolitan Dade County Consumer Protection Division that the municipality exercises thereby its option to exempt the municipality from the provisions of this Article, provided , however , such certified copies are filed as set forth above no later than sixty days from the date of enactment of this ordinance. Sec. 8A-270 . 1 . Penalties generally. ( a) Any person who shall fail or refuse to obey or comply with or violates any of the provisions of Article XI or Article XIA of this Chapter shall , upon conviction of such offense, be punished by a fine not to exceed 3$ IP d a Substitute Agenda Item No. 2(e) Page No. 20 five hundred dollars ( $500 . 00 ) , or by imprisonment not to exceed sixty ( 60 ) days in the county jail , or both such fine and imprisonment in the discretion of the court . Each day of continued violation shall be considered as a separate offense. Section 2 . Chapter 8CC of the Code of Metropolitan Dade County, Florida, is hereby amended as follows : * * Sec. 8CC-l0 . Schedule of civil penalties . * • Code Section Description of Violation Civil Penalty • • s $ s $ $ * * * 8A-262 Sale or offer for sale, serve, $500.00 expose for sale, or have in possession with intent to sell meat, poultry, food or food product falsely represented to be Kosher, Kosher for Passover, or under Rabbinical Supervision. 8A-263 False representation as Kosher $500.00 by failure to comply with display and handling requirements. 8A-264 Failure to comply with $200.00 identification requirements. 8A-265 Failure to comply with filing $250.00 requirements. 8A-268 Failure to comply with records $500.00 requirements. 8A-269 Failure to comply with $500.00 inspection requirements. * * * 36 Substitute Agenda Item No. 2(e) Page No. 21 Section 3 . Section 8A-120 . 1 of the Code of Metropolitan Dade County, Florida, is hereby repealed in its entirety as follows:!" See:-8A-129717-CestsT Geurts-may-award-reasonable-Bests-fer investigation;-enfereement;-anal-litigation-te the-elireeter-ef-the-Bade-Ceufty-Censumer Preteetien-Divisien-in-any-eiv}l-aetien autherieed-in-Artiele-III-ef-Chapter-SAT Section 4 . Section 8A-124 of the Code of Metropolitan Dade County, Florida, is hereby amended as follows : Sec. 8A-124 . InjunetienT Enforcement procedure; remedies; attorneys fees; costs . The-direeter-is-autherieed-te-apply-te any-eeurt-of-vempetent-jurisdietien-fer;-and sueh-eeurt-upen-hearing-and-fer-cause-shewn may-grant;-a-temperary-er-permanent ±n unetien-restraining-any-persen-frem violating-any-prevision-ef-this-artieleT (a) It shall be unlawful for any person to violate an of the •rovisions of Article III , Article XI an. Article XIA of this Chapter . In addition to any other judicial or administrative remedies provided by law or this Chapter, the Director of the Metropolitan Dade County Consumer Protection Division shall have the following judicial remedies available to enforce the provisions of Article III , Article XI and Article XIA of Chapter 8A of the Code of Metropolitan Dade County, Florida : 1 . The Director may institute a civil action in a court of competent jurisdiction to seek temporary or permanent, prohibitory or mandatory injunctive relief to enforce compliance' 1/ Words stricken through shall be deleted . Underscored words constitute the amendment proposed . Remaining provisions are now in effect and remain unchanged . • 37 Substitute Agenda Item .No. 2(e) Page No. 22 • with or prohibit the violation of any of the provisions o ArTicl e III , Article XI , and Article XIA of Chapter 8A of the Code of Metropolitan Dade County, Florida. 2. The Director may institute a civil action in a court of com etent jurisdiction to impose an recover a civil penalty in an amount of not more than ten thousand dollars ( $10 , 000 . 00 ) for each violation of the provisions of Article III , Article XI , and Article XIA of Chapter 8A of the Code of Metropolitan Dade County, Florida. Each day during any portion of which such violation occurs or continues to occur constiEutes ,a separate violation. The right of trial by jury shall be available in any court to determine both liability for and the amount of the civil penalties to be imposed and recovered hereunder . 3 . The Director may institute a civil action in a court of competent jurisdiction to seek restitution and other equitable relief: i . To recover any sums and costs fiTended .12y the Director for tracing, investigating, preventing, controlling, abating or remedying violations of Article III , Article XI , and Article XIA of Chapter 8A of the Code of Metropolitan Dade County, Florida . ii . To provide restitution to any consumers injured by any violation of Article III , Article XI , and Article XIA of Chapter 8A of the Code of Metropolitan Dade County, Florida. ( b) Upon the rendition of a judgment or decree by any of the courts of this state against any person and in favor of the Director of the Metropolitan Dade County Consumer Protection Division under any of the provisions of Article III , Article XI , or Article XIA of this Chapter , the trial court, or, in the event of an appeal in which the . 38 Substitute Agenda Iters •No. 2(e) Page No. 23 Director prevails , the appellate court, shall adjudge or decree against said person and in favor of the Director a reasonable sum as fees or compensation for the Director ' s attorney prosecuting the suit in which the recovery is had . Where so awarded , compensation or fees of the attorney shall be included in the judgment or decree rendered in the case. This provision shall apply to all civil actions , legal or equitable, filed after the effective date of this ordinance by the Director. Cessation of any violation of any of the aforesaid provisions of this Chapter whatsoever, prior to rendition of a judgment or entry of a temporary or final decree, or prior to execution of a negotiated settlement, but after an action is filed by the Director under any of the aforesaid provisions of this Chapter, shall be deemed the functional equivalent of a confession of judgment or verdict in favor of the Director, for which attorneys ' fees shall be awarded by the trial court as set forth hereina ove . (c) All the judicial and administrative remedies in Article III , Article XI , and Article XIA of Chapter 8A of the Code of Metropolitan Dade County , Florida, are independent and cumulative . Section 5 . If any section, subsection, sentence, clause or provision of this ordinance is held invalid , the remainder of this ordinance shall not be affected by such invalidity . Section 6 . It is the intention of the Board of County Commissioners , and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Metropolitan Dade County, Florida . The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section, " "article, " or other appropriate word . :39 • ( Substitute Agenda Item No. 2(e) Page No. 24 Section 7 . This ordinance shall become effective sixty ( 60 ) days after the date of enactment . PASSED AND ADOPTED: JUS z 0 1991 Approved by County Attorney as to form and legal sufficiency . 1/K Prepared by: •1 <", • 40 ORT NAL RESOLU1ION NO. - -20331 Exempting the City of Miami Beach from the provisions of Article XIA of Chapter 8A of the Code of Metropolitan Dade County which article provides for County regulation of kosher products and County Enforcement of same.