69-89 Sanitary Code New Chpt 1753 Sale of Irradiated Foods

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ORDINANCE NO. 69-89 to RULES & ORDINANCES CMTE on 11,'~D/89. Placed on SECOND READTNG~onl. 2~.4/89. BY: Brown, Chinnock, Gallagher, Gazzana, George, Graham, Wendlir AN ~MERGENCY ORDINANCE to amend ~ne Sanita~? - ~ Codified Ordinances of the City of Lakewood by enactin~ new 1753, "Sale of Irradiated Foods." ~ "%e Jnapter WHEREAS, the Federal Drug Administration has permitted the radiation of food using radioactive sources including x-rays, electron beams and gamma rays, and WHEREAS, such treatment of food has not all together demonstrated to be without harmful or hazardous effects upon consumption, and been human WHEREAS, other states have undertaken legislation prohibit the sale of irradiated foods within their borders, and to WHEREAS, the pronounced primary purpose of such treatment of foods is extension of shelf live without any health benefit for consumers, and radiation apparent WHEREAS, significant studies exist that strongly indicate that irradiation of foods constitutes a danger to human health because of the creation of carcenogens and other factors, and WHEREAS, it is in the best interest of all citizens of the City of Lakewood that use of radiation for treating foods should not be permitted until such time as there is clear and convincing evidence that there is no harmful effect upon the health of our citizens, and WHEREAS, this ordinance constitutes an emergency providing for the immediate preservation of the public health, and welfare; now, therefore, v measure safety BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Sanitary Code of the Codified Ordinances of the City of Lakewood is hereby amended by the enactment of Chapter 1753, "Sale of Irradiated FoOds" to read as follows: 1753 SALE OF IRRADIATED FOODS. 1753.01 DEFINITIONS: (a) "Food" means fruits, vegetables, meats, poultry, eggs, dairy products and other natural and processed products offered for sale for human or animal consumption. (b) "Irradiated Food" means any food treated with ionizing radiation from radioactive sources, x-rays or electron beams and includes any food which contains an ingredient that has been irradiated; provided, however, that if the irradiated ingredients of any food consist solely of spices which have been so treated, such food shall not be deemd an irradiated food on account of such irradiated spices. 1753.02 SALE OF IRRADIATED FOOD PROHIBITED: EXCEPTION. It shall be unlawful for any merchant, broker or processer to knowingly sell, offer for sale or expose for sale an irradiated food except as otherwise provided in this Chapter, whether or not such food is deemed to be adulterated under provisions of the Codified Ordinances of the City of Lakewood. It shall not be unlawful under this subdivision for any merchant, broker