D.C. Code § 48-104

Current through codified legislation effective September 18, 2024

Section 48-104 - Enforcement measures; rules and regulations

(a) It shall be the duty of the Mayor to adopt such measures as may be necessary to facilitate the enforcement of this chapter with regard to the proper method of collecting and examining drugs and articles of food in the District of Columbia.

(b) The Mayor of the District of Columbia, with the approval of the Council, is authorized to adopt the United States Food and Drug Administration's Model Food Code, with any necessary amendments, to:

(1) Control and regulate the retail sale, commercial and institutional service, and vending of food;

(2) Establish standards for employee food safety practices and training;

(3) Regulate food sources, preparation, holding temperatures, and protection;

(4) Regulate equipment, utensils, and linens, their design, construction, number and capacity, location and installation, maintenance and operation, cleaning, and sanitization;

(5) Regulate the use of water and the treatment of liquid and solid wastes;

(6) Regulate facilities construction and maintenance, storage and use of poisonous and toxic materials;

(7) Establish license requirements for the operation of food establishments;

(8) Restrict or exclude employees;

(9) Examine, embargo, and condemn food or food products, equipment, utensils, and linens to protect the public health.

(c) The Mayor shall submit the United States Food and Drug Administration's Model Food Code, with any necessary amendments, to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed regulations, in whole or in part, by resolution, within this 45-day review period, the proposed regulations shall be deemed disapproved.

D.C. Code § 48-104

Feb. 17, 1898, 30 Stat. 247, ch. 25, § 4; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; May 2, 2002, D.C. Law 14-116, § 2(c), 49 DCR 1945.

Office of Director of Public Health abolished: Section 1 of the Act of August 1, 1950, 64 Stat. 393, ch. 513, provided that the Health Officer of the District of Columbia would be known as the Director of Public Health. The Health Department of the District of Columbia, including the office of the head thereof, was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 57 of the Board of Commissioners, dated June 30, 1953, and Reorganization Order No. 52, dated June 30, 1953, combined and redesignated Organization Order No. 141, dated February 11, 1964, established, under the direction and control of a Commissioner, a Department of Public Health headed by a Director, for the purpose of planning, implementing, and directing public health and hospital care programs, and for performing certain other allied medical and paramedical functions. The Anatomical Board was established under the direction and control of the Director of Public Health consisting of members as prescribed in the D.C. Code. The Order prior to redesignation abolished the previously existing Health Department, Gallinger Hospital, Glenn Dale Sanatorium, and the Anatomical Board and transferred their functions and positions to the new Department. The organization of the new Department was set out in the Order. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions stated in Organization Order No. 141 were transferred to the Director of the Department of Human Resources by Commissioner's Order No. 69-96, dated March 7, 1969, as amended by Commissioner's Order No. 70-83, dated March 6, 1970. Functions stated in Organization Order No. 141 were transferred to the Department of Environmental Services by Commissioner's Order 71-255, dated July 27, 1971, as amended by Commissioner's Order 72-96, dated April 18, 1972. Functions stated in Commissioner's Order 71-255 were transferred to the Director of Consumer and Regulatory Affairs by § III B. (9) of Reorganization Plan No. 1 of 1983.