# 0030 Titles 13 to 20 (2010)

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0030 Titles 13 to 20 (2010)
NAVAJO NATION CODE ANNOTATED

Title 13
Health and Welfare
Cross References
Division of Health, see 2 N.N.C. § 1601 et seq.
Water development and improvement generally, see 22 N.N.C. § 1 et seq.
United States Code
Contracts for medical attention for Indians, see 25 U.S.C. §§ 452–454.
Construction of health facilities, financial assistance by Surgeon General, see
42 U.S.C. § 2005 et seq.
Indians afflicted with contagious or infectious diseases, see 25 U.S.C. § 198.
Code of Federal Regulations
Indian health services, see 42 CFR § 136.1 et seq.
Native American housing assistance, see 24 CFR § 1000.1 et seq.

Chapter 1. Food Service Sanitation Code
History
CMY–28–86, May 2, 1986.
ACMA–37–60, March 9, 1960.
Note. Appendix referenced in the Code and the rationale for certain sections
are not included. See source resolution.

Subchapter 1. General Provisions
§ 1. Purpose
This Code shall be liberally construed and applied to promote and protect
the public health.
History
CMY–28–86, May 2, 1986.
§ 2. Definitions

A. "Accessible" means easily or readily exposed for cleaning or
inspection with or without the use of simple tools such as a screwdriver,
pliers or an open-end wrench. Readily accessible means exposed or capable of
being exposed for cleaning and inspection without the use of any tools.
B. "Act" means the Federal Food, Drug and Cosmetic Act of June 25, 1938, 1
as amended.
C. "Adulterated" means a condition of a food that (1) bears or contains
any poisonous or deleterious substance in a quantity which may render it
injurious to health;
(2) bears or contains any poisonous or deleterious
substances for which no safe tolerance has been established bylaw, or is in
excess of such tolerance if one has been established; (3) consists in whole or
in part of any filthy, putrid, or decomposed substance or otherwise is unfit
for human consumption; (4) has been processed, prepared, packed, or held under
any insanitary conditions whereby there is a reasonable probability that it
might have become contaminated with filth or rendered injurious to health; (5)
is in whole or in part the product of a diseased animal or an animal which has
died otherwise than by slaughter; or (6) its container is composed in whole or
in part of any poisonous or deleterious substance which may render the contents
injurious to health.
D. "Approved/Approved Source" means acceptable to the health advisor
based on their determination as to conformance with appropriate standards and
good public health practice.
E. "Closed" means fitted together snugly, leaving no openings large
enough to permit the entrance of vermin, insects, and rodents.
F. "Commissary" means a catering establishment, restaurant, or any other
place in which food, containers, or supplies are kept, handled, prepared,
packaged or stored including any service center or base of operations directly
from which mobile food units are supplied or serviced.
G. "Cooked Foods" means those foods, either single or combined food
ingredients, which through the application of heat, microwave energy, or other
acceptable methods have been prepared by an approved method and are ready for
human consumption.
H. "Corrosion-Resistant Materials" means those materials that maintain
their original surface characteristics under prolonged influence of the food to
be contacted, the normal use of cleaning compounds and bactericidal use, and
then discarded.
I. "Display Case" means any case, cabinet, or other facility, used for
displaying food.
J. "Easily Cleanable" means that surfaces are readily accessible and made
of such materials and/or finish and so fabricated that residue may be
effectively removed by normal cleaning methods.
K. "Employee" means individuals having supervisory or management duties
and any other person working in a food service establishment.

L. "Equipment" means stoves, ovens, ranges, hoods, slicers, mixers,
meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam
tables, and similar items other than utensils, used in the operation of a food
service establishment.
M. "Food" means any raw, cooked, or processed edible substance, or
beverage, or ingredient intended for human consumption and includes ice and
water.
N. "Food Additive" means any substance as defined in the Federal Food,
Drug, and Cosmetic Act, § 201,2 meeting the approval of the U.S. Department of
Agriculture, U.S. Environmental Protection Agency and the U.S. Department of
Commerce.
O. "Food Contact Surface" means those surfaces of equipment and utensils
with which food normally comes in contact, and those surfaces from which food
may drain, drip, or splash back on to surfaces normally in contact with food.
P. "Food Processing Establishment" means a commercial establishment in
which food is manufactured or packaged for human consumption.
Q. "Food Service Establishment" means any place where food is prepared
and intended for individual portion service, and includes the site at which
individual portions are provided. The term includes any such place regardless
of whether consumption is on or off the premises and regardless of whether
there is a charge for the food.
The term also includes delicatessen-type
operations that offer prepared foods intended for individual portion service,
and includes commissaries. The term does not include private homes where food
is prepared or served for individual family consumption, retail food stores,
the location of food vending machines, and supply vehicles.
R. "Frozen Food' " means any article used for food or drink which has
been processed, packaged, or preserved by accepted commercial practices and is
in a frozen state.
S. "Health Advisor" shall mean the Director, Navajo Area Indian Health
Service or an authorized agent.
T. "Hermetically Sealed Container" means a container designed and
intended to be secure against the entry of microorganisms and to maintain the
commercial sterility of its content after processing.
U. "Internal Product Temperature" means the internal temperature of a
food.
V. "Kitchenware" means all multi-use utensils other than tableware.
W. "Mobile Food Unit" means a vehicle-mounted food service establishment
designed to be readily moveable.
X. "Packaged" means bottled, canned, cartoned, or securely wrapped.
Y. "Person" means any individual, partnership, corporation, association,
or other legal entity.

Z. "Person in Charge" means an individual present in a food service
establishment who has management or supervisory responsibilities and has
authority to allow food service inspections and receive any notifications
pertaining to violations.
AA. "Potentially Hazardous Food" means any food that consists in whole or
part of milk or milk products, eggs, meat, poultry, fish shellfish, edible
crustacea, whipped butter or whipped margarine or other ingredients including
synthetic ingredients, in a form capable of supporting rapid and progressive
growth of infectious or toxigenic microorganisms.
Rice, fried rice, refried
beans and baked potatoes will also be considered potentially hazardous food.
The term does not include foods which have pH level of 4.6 or below or a water
activity value of 0.85 or less.
BB. "Reconstituted" means dehydrated
potable water or other safe liquids.

food

products

recombined

with

CC. "Regulatory Authority" shall mean the Navajo Division of Health or
its successor.
DD. "Safe Materials" means articles manufactured from or composed of
materials that may not reasonably be expected to result, directly or
indirectly, in their becoming a component or otherwise affecting the
characteristics of any food.
If materials used are food additives or color
additives as defined by the Act they are "safe" only if they are used in
conformity with this Act. Other materials are "safe" only if, as used, they
are not food additives or color additives as defined by the Act.
EE. "Sanitation Permit" means a written permit issued by the Commerce
Department of the Navajo Nation or its successor upon the recommendation of the
Health Advisor reflecting the food establishment's compliance with the
provisions of this Chapter.
FF. "Sanitization" means effective bactericidal treatment by a process
that provides enough accumulative heat or concentration of chemicals for enough
time to reduce the bacterial count, including pathogens, to a safe level on
clean utensils and equipment.
GG. "Sealed" means free of spaces or other openings that permit the entry
or passage of moisture.
HH. "Solid Wastes" means any discarded organic matter, garbage, trash,
and other waste materials resulting from the operation of a food service
establishment.
II. "Tableware" means multi-use eating and drinking utensils.
JJ. "Temporary Food Service Establishment" means a food service
establishment that operates at a fixed location for a period of time of not
more than 14 consecutive days in conjunction with a single event or
celebration.
KK. "Toxic" means any substance which may have an adverse physiological

effect on a person or persons.
LL. "Uniform Plumbing Code" shall mean the International Association of
Plumbing and Mechanical Officials, Uniform Plumbing Code, 1982.
MM. "Utensil" means any implement
transportation, or service of food.

used in the

storage,

preparation,

NN. "Vehicle" means any van, truck, trailer, cab, bus, cycle, automobile,
push cart, wagon, or any means of conveying food.
OO. "Wastewater" means sewage or water carried wastes, and shall include
but is not limited to, the discharges from all plumbing fixtures or facilities.
PP. "Warewashing/Dishwashing" means the cleaning
food-contact surfaces of all tableware and utensils.

and

QQ. "Wholesome" shall mean in sound condition,
adulteration, and otherwise suitable for use as human food.

sanitization

clean,

free

of

from

History
CMY–28–86, May 2, 1986.
§ 3. Captions
Sections and other captions are made a part of this Act.
History
CMY–28–86, May 2, 1986.

Subchapter 2. Food Care
§ 31. Food supplies—General
Food shall be free from adulteration, or other contamination and shall be
safe for human consumption.
Food shall be obtained from sources that comply
with all the Act relating to food and food labeling.
Food in hermetically
sealed containers which are free from major defects must be prepared in an
approved food processing establishment.
Home canned and home prepared foods
are prohibited.
History
CMY–28–86, May 2, 1986.
§ 32. Special Requirements
A. Fluid milk and fluid milk products used or served shall be pasteurized
and meet the Grade A quality standards as specified in the latest edition of
the U.S.
Food and Drug Administration's Grade A Pasteurized Milk Ordinance,
Public Health Service/Food and Drug Administration Publication No. 229, U.S.

Government Printing Office. Dry milk and dry milk products shall be made from
pasteurized milk and milk products. Raw milk and raw milk products shall not
be served.
B. Fresh and frozen shucked shellfish (oysters, clams, or mussels) shall
be packed in non-returnable packages identified with the name and address of
the original shell processor, shucker-packer, or repacker, and the interstate
certification number issued according to law.
Shell stock and shucked
shellfish shall be kept in the container in which they are received until they
are used. Each container of unshucked shell stock (oysters, clams, or mussels)
shall be identified by an attached tag that states the name and address of the
original shell stock processor, the kind and quality of shell stock, and an
interstate certification number issued by the state or foreign shellfish
control agency.
C. Only "Grade B" clean, whole eggs or better meeting U.S. Department of
Agriculture grade standards, or pasteurized liquid, frozen, or dry eggs or
pasteurized dry egg products shall be used, except that hard-boiled, peeled
eggs, commercially prepared and packaged, may be used.
D. All imported foods shall bear an English language label. Foods that
do not bear such label shall be detained until the source is determined.
Procedures for condemnation of such foods shall be taken if an approved source
cannot be found.
E. All meat products used in food preparation shall be U.S. Department
of Agriculture inspected and approved or be inspected and meet the approval of
a state inspection program which has been certified by the U.S. Department of
Agriculture.
Meat which is state inspected shall only be sold in the state
that the product was inspected.
History
CMY–28–86, May 2, 1986.
§ 33. Food protection—General
At all times, including while being stored, prepared, displayed, served,
or transported, food shall be protected from potential contamination, including
dust, insects, rodents, unclean equipment and utensils, unnecessary handling,
coughs, and sneezes, flooding, drainage, and overhead leakage or overhead
drippage from condensation.
The temperature of potentially hazardous food
shall be 45F or below or 140F or above at all times, except as otherwise
provided in these regulations.
History
CMY–28–86, May 2, 1986.
§ 34. Emergency occurrences
In the event of a fire, flood, power outage, sewage flooding or similar
event that might result in the contamination of food, or that might prevent

potentially hazardous food from being held at required temperatures, the person
in charge shall immediately contact the Health Advisor, who shall take whatever
reasonable action is necessary to protect the public health.
History
CMY–28–86, May 2, 1986.
§ 35. Food Storage—General
A. Food, whether raw or prepared, if removed from the container or
package in which it was obtained, shall be stored in a clean, covered container
except during necessary period of preparation or service.
If the food is
potentially hazardous, the container must be sanitized, and covers shall be
impervious and non-absorbent, except that clean laundered linens or napkins may
be used for lining or covering bread or roll containers. Solid cuts of meat
shall be protected by being covered in storage, except that quarters or sides
of meat may be hung uncovered on clean sanitized hooks if no food product is
stored beneath the meat.
B. Containers of food shall be stored a minimum of six inches above the
floor in a manner that protects the food from splash or other contamination,
and permits easy cleaning of the storage area except:
1. Metal pressurized beverage containers and cased food packaged in
cans, glass or other waterproof containers need not be elevated when the
food container is not exposed to floor moisture; or
2. Containers may be stored on dollies, racks or pallets, provided
such equipment is easily movable.
C. Food and containers of food shall not be stored under open stair wells
or under unprotected sewer lines, or where water lines are leaking or
condensate is present. The storage of food in the toilet rooms or vestibules
is prohibited.
D. Food not subject to further washing or cooking before serving shall be
stored in a manner that protects it against cross-contamination from food
requiring washing or cooking.

ice.

E. Packaged food shall not be stored in contact with water or undrained
Wrapped sandwiches shall not be stored in direct contact with ice.

F. Bulk food such as cooking oil, syrup, salt, sugar or flour not stored
in the product container or package in which it was obtained, shall be stored
in an approved container identifying the food by common name.
The labeling
shall be on the container body or a non-detachable lid.
G. Store rooms should be properly ventilated and have adequate space.
Store room temperatures should not exceed 70F.
H. Food products in storage shall not be stored against the wall.
Storage shall be at least six inches from any wall surface and be accessible

for inspection.
History
CMY–28–86, May 2, 1986.
§ 36. Refrigerated storage
A.
Sufficient
conveniently
located
refrigeration
facilities
or
effectively insulated facilities shall be provided to assure the maintenance of
potentially hazardous food at required temperatures during storage.
Each
mechanically refrigerated facility storing potentially hazardous food shall be
provided with a numerically scaled indicating thermometer, accurate to 3F
located to measure the air temperature in the warmest part of the facility and
located to be easily readable. Recording thermometers, accurate to 3F, may be
used in lieu of indicating thermometers.
A zone type thermometer without
calibrations is not acceptable.
B. Potentially hazardous food requiring refrigeration after preparation
shall be rapidly cooled to an internal temperature of 45F or below.
Potentially hazardous foods of large volume or prepared in large quantities
shall be rapidly cooled, utilizing such methods as shallow pans, agitation,
quick chilling or water circulation external to the food container so that the
cooling period shall not exceed four hours. Potentially hazardous food to be
transported shall be pre-chilled and held at a temperature of 45F or below
unless maintained in accordance with § 37 of these regulations.
C. Refried beans, rice, and baked potatoes intended for use and/or re-use
shall be rapidly cooled to an internal temperature of 45F or below.
Large
volumes of these products shall be rapidly cooled using similar methods to
those listed in § 36(B). These products being transported shall be pre-chilled
at temperatures of 45F or below, unless maintained in accordance with § 37 of
these regulations.
D. Frozen food shall be kept frozen and should be stored at a temperature
of 0F or below.
E. Ice intended for human consumption shall not be used as a medium for
cooking stored food, food containers or food utensils, except that such ice may
be used for cooking tubes conveying beverages or beverage ingredients to a
dispenser head. Ice used for cooking stored food and food containers shall not
be used for human consumption.
History
CMY–28–86, May 2, 1986.
§ 37. Hot storage
A. Sufficient hot food storage facilities shall be provided to assure the
maintenance of food at the required temperature during storage. Each hot food
facility storing potentially hazardous food shall be provided with a
numerically scaled indicating thermometer, accurate to 3F located to measure

the air temperature in the coolest part of the facility and located to be
easily readable. Recording thermometers, accurate to 3F may be used in lieu
of indicating thermometers. Where it is impractical to install thermometers on
equipment such as bain-maries, steam tables, steam kettles, heat lamps, cal-rod
units, or insulated food transport carriers, a product thermometer must be
available and used to check internal food temperature.
B. The internal temperature of potentially hazardous foods including
refried beans, rice and baked potatoes requiring hot storage shall be 140F or
above except during necessary period of preparation.
Potentially hazardous
food to be transported shall be held at a temperature of 140F or above unless
maintained in accordance with § 36(B) of these regulations.
History
CMY–28–86, May 2, 1986.
§ 38. Food preparation—General
Food shall be prepared with the least possible manual contact, with
suitable utensils and on surfaces that prior to use have been cleaned, rinsed
and sanitized to prevent cross-contamination.
History
CMY–28–86, May 2, 1986.
§ 39. Raw fruits and raw vegetables
Raw fruits and raw vegetables shall be thoroughly washed with potable
water before cooking or serving. Any sink used to wash, prepare, store or soak
food shall be indirectly connected to the sewer, through an air-break.
History
CMY–28–86, May 2, 1986.
§ 40. Cooking potentially hazardous foods
Potentially hazardous foods being processed within the retail food store
by cooking shall be cooked to heat all parts of the food to a temperature of at
least 140F (60C), except that:
A. Poultry, poultry stuffings, stuffed meats, and stuffings containing
meat, shall be cooked to heat all parts of the food to at least 165F (74C),
with no interruption of the cooking process.
B. Pork and pork products shall be cooked to heat all parts of the food
to at least 150F (66C), or, if cooked in a microwave oven, to at least 170F
(77C).
C. When beef roasts under 10 pounds [5 kilograms (kg)] in weight are
cooked in a still dry heat oven, the oven shall be preheated to and held at an

air temperature of at least 350F (177C) throughout the process. If cooked in
a convection oven, the oven shall be preheated to and held at an air
temperature of at least 325F (163C) throughout the process.
D. When beef roasts of 10 pounds [5 kilograms (kg) ] in weight are cooked
in a still dry heat oven, the oven shall be preheated to and held at an air
temperature of a least 350F (177C) throughout the process.
If cooked in a
convection oven, the oven shall be preheated to and held at an air temperature
of a least 325F (163C) throughout the process.
E. Further, in order to meet public health requirements for the processes
cited above, the following table lists the minimum internal temperature of the
beef roast for the minimum time the roast needs to be held at such temperature.
[See note below.]
History
CMY–28–86, May 2, 1986.
Note. § 40(E): Consult CMY–28–86 for table listing the minimum holding times
for beef, roasts at various internal temperatures.
§ 41. Dry milk and dry milk products
Reconstituted pasteurized dry milk and pasteurized dry milk products may
be used in instant desserts and whipped products, and for cooking and baking
purposes.
History
CMY–28–86, May 2, 1986.
§ 42. Liquid, frozen, dry eggs and egg products
Liquid, frozen, dry eggs products shall be pasteurized products used only
for cooking and baking purposes.
History
CMY–28–86, May 2, 1986.
§ 43. Reheating
Potentially hazardous foods including refried beans and rice that have
been cooked and then refrigerated shall be reheated rapidly to 165F or higher
throughout before being served or before being placed in a hot food storage
facility.
Steam tables, bain-maries, warmers, and similar hot food holding
facilities are prohibited for the rapid reheating of potentially hazardous
foods.
History
CMY–28–86, May 2, 1986.

§ 44. Nondairy products
Nondairy creaming, whitening, or whipping agents may be reconstituted on
the premises only when stored in sanitized, covered containers not exceeding
one gallon capacity and cooled to 45F or below within four hours after
preparation.
History
CMY–28–86, May 2, 1986.
§ 45. Product thermometers
Non-corrosive metal stem-type numerically scaled indicating thermometers
accurate to 3F shall be provided and used to assure the attainment and
maintenance of proper internal cooking, holding or refrigeration temperatures
of all potentially hazardous foods. Glass or liquid filled thermometers shall
not be used.
History
CMY–28–86, May 2, 1986.
§ 46. Thawing potentially hazardous foods
Potentially hazardous foods shall be thawed:
A. In refrigerated units at a temperature not to exceed 45F;

or

B. Under potable running water of a temperature of 70F or below, with
sufficient water velocity to agitate and float off loose food particles into
the overflow; or
C. In a microwave oven only when the food will be immediately transferred
to conventional cooking facilities as part of a continuous cooking process or
when the entire, uninterrupted cooking process takes place in the microwave
oven; or
D. As part of the conventional cooking process.
History
CMY–28–86, May 2, 1986.
§ 47. Chilis and peppers
Chilis and peppers shall be added to foods and cooked as part of the
cooking process.
History
CMY–28–86, May 2, 1986.

§ 48. Food display and service—Potentially hazardous foods
Potentially hazardous food including refried beans, rice and baked
potatoes shall be kept at an internal temperature of 45F or below or at an
internal temperature of 140F or above during display and service, except that
rare roast beef shall be held for service at a temperature of at least 130F.
History
CMY–28–86, May 2, 1986.
§ 49. Milk and cream dispensing
A. Milk and milk products for drinking purposes should be provided to the
consumer in an unopened, commercially filled package not exceeding one pint (16
oz.) in capacity, or drawn from a commercially filled container stored in a
mechanically refrigerated bulk milk dispenser. The outlet dispenser tubes for
these bulk milk dispensers shall be trimmed to a length not exceeding two
inches and cut to an angle of approximately 45 degrees to facilitate drainage.
Where a bulk dispenser for milk and milk products is not available and portions
of less than 1/2 pint are required for mixed drinks, cereal, dessert service,
or in a glass for drinking, milk and milk products may be poured from a
commercially filled container of not more than 1/2 gallon capacity.
B. Cream or half-and-half shall be provided in an individual service
container, a protected pour-type pitcher, or drawn from a refrigerated
dispenser designed for such service.
When pour-type dispensers are emptied,
they shall be washed and sanitized before re-use.
C. When canned evaporated or condensed milk is used, the tops of cans
will be thoroughly cleaned and punctured with an instrument. Open canned milk
will be refrigerated at 45F or below between use or serving periods and at no
time remain out of refrigeration more than two hours total time.
History
CMY–28–86, May 2, 1986.
§ 50. Nondairy product dispensing
These items shall be provided in an individual service container, a
protected pour-type dispenser, or drawn from a refrigerated dispenser designed
for such service. When pour-type dispensers are emptied, they shall be washed
and sanitized before re-use.
History
CMY–28–86, May 2, 1986.
§ 51. Condiment dispensing
A. Condiments,

seasoning and dressing

for self-service

use shall be

provided in individual packages, from dispensers, or from containers protected
in accordance with § 55 of these regulations.
B. Condiments provided for table or counter service shall be individually
portioned except that catsup and other sauces may be served in the original
container or pour-type dispenser.
Sugar, jams, jellies, honey or syrup for
consumer use shall be provided in individual portions or a pour-type dispenser.
The use of a spoon in a container containing the product is prohibited for
table service.
History
CMY–28–86, May 2, 1986.
§ 52. Ice dispensing
Ice for consumer use shall be dispensed only by employees with scoops,
tongs, or other ice dispensing utensils or through automatic self-service,
ice-dispensing equipment.
Scooping of ice with a cup or glass or similar
container is prohibited.
Ice-dispensing utensils shall be stored on a clean
surface or in the ice with the dispensing handle extending out of the ice.
Between uses, ice transfer receptacles shall be stored in a way that protects
them from contamination.
Ice storage bins shall be drained through an air
break as defined in the latest edition of the Uniform Plumbing Code.
History
CMY–28–86, May 2, 1986.
§ 53. Dispensing utensils
To avoid unnecessary manual contact with food, suitable dispensing
utensils shall be used by employees or provided to consumers who serve
themselves. Between uses during service, dispensing utensils shall be:
A. Stored in the food with the dispensing utensil handle extended out of
the food; or
B. Stored clean and dry; or
C. Stored in running water;

or

D. Stored either in a running water dipper well, or clean and dry in the
case of dispensing utensils and malt collars used in preparing frozen desserts.
History
CMY–28–86, May 2, 1986.
§ 54. Re-service
Once served to a consumer, portions of leftover food shall not be served
again except that packaged food other than potentially hazardous food, that is
still packaged and is still in sound condition may be re-served.

History
CMY–28–86, May 2, 1986.
§ 55. Display equipment
Food on display shall be protected from consumer contamination by the use
of packaging or by the use of easily cleanable counter, serving line, or salad
bar protector devices, display cases, or by other effective means. Enough hot
or cold food facilities shall be available to maintain the required temperature
of potentially hazardous food on display.
History
CMY–28–86, May 2, 1986.
§ 56. Re-use of tableware
Re-use of soiled tableware by self-service customers returning to the
service area for additional food is prohibited. Beverage cups and glasses are
exempt from this requirement.
History
CMY–28–86, May 2, 1986.
§ 57. Food transportation—General
During transportation, food and food utensils shall be kept in covered
containers or completely wrapped or packaged so as to be protected from
contamination.
Foods in original individual packages do not need to be
overwrapped or covered if the original package has not been torn or broken or
otherwise damaged. During transportation, including transportation to another
location for service or catering operation, food shall meet the requirements of
these regulations relating to food protection and food storage.
History
CMY–28–86, May 2, 1986.

Subchapter 3. Personnel
§ 81. Employee health—General
A. No person, while infected with a disease in a communicable form that
can be transmitted by foods or who is a carrier of organisms that cause such
disease or while afflicted with a boil, an infected wound, or an acute
respiratory infection shall work in a food service establishment in any
capacity in which there is a likelihood of such person contaminating food or
food-contact surfaces with pathogenic organisms or transmitting disease to
other persons.

B. The manager or person in charge of the establishment shall notify the
Health Advisor when any employee of a food service establishment is known or
suspected of having a disease in communicable form. It is the responsibility
of the employee to advise the employer of the occurrence of the above disease,
symptoms or conditions, and every employee shall be advised of this
responsibility upon his employment.
History
CMY–28–86, May 2, 1986.
§ 82. Personal cleanliness—General
Employees shall thoroughly wash their hands and the exposed portions of
their arms with soap and warm water before starting work, during work as often
as is necessary to keep them clean, and after smoking, eating, drinking, or
using the toilet. Employees shall keep their fingernails clean and trimmed.
History
CMY–28–86, May 2, 1986.
§ 83. Clothing—General
A. The outer clothing of all employees shall be clean, and where uniforms
are not provided, clean aprons should be worn over street clothes.
B. Employees shall use effective hair restraints to prevent the
contamination of food or food-contact surfaces.
All employees directly
involved in food preparation or utensil washing or storing operations are
required to wear hats, caps, or hairnets that cover the hair. The use of hair
sprays will not be accepted as a suitable substitute for hats, caps, hairnets
or other approved hair coverings.
Other employees shall keep hair under
control at all times.
C. Food service employees wearing beards must keep them neatly trimmed,
and clean at all times while working.
History
CMY–28–86, May 2, 1986.
§ 84. Employee practices—General
A. Employees shall consume food only in designated dining areas.
An
employee dining area shall not be so designated if consuming food there may
result in contamination of other food, equipment, utensils or other items
needing protection.
B. Employees shall not use tobacco in any form while engaged in food
preparation or service, nor while in areas used for equipment or utensil
washing or for food preparation.
Employees shall use tobacco only in
designated areas.
An employee tobacco-use area shall not be designated for
that purpose if the use of tobacco there may result in contamination of food,

equipment, utensils, or other items needing protection.
C. Employees shall handle
contamination of their hands.

soiled

tableware

in

a

way

that

minimizes

D. Employees shall maintain a high degree of personal cleanliness and
shall conform to good hygienic practices during all working periods in the food
service establishment.
Jewelry shall not be worn on the hands of those
individuals involved in handling of food and cleaning and sanitizing of kitchen
ware, utensils, etc.
E. All employees, managers, and owners working in a food service
establishment shall have a valid food handlers training certificate issued by
the Health Advisor. Records of such training shall be available for inspection
at each establishment.
History
CMY–28–86, May 2, 1986.

Subchapter 4. Equipment and Utensils
§ 111. Materials—General
Multi-use equipment and utensils shall be constructed and repaired with
safe materials, including finishing materials, shall be corrosion resistant and
nonabsorbent and shall be smooth, easily cleanable, and durable under
conditions of normal use.
Single-service articles shall be made from clean,
sanitary, safe materials.
Equipment, utensils, and single-service articles
shall not impart odors, color, or taste, or contribute to the contamination of
food.
History
CMY–28–86, May 2, 1986.
§ 112. Solder
If solder is used,
corrosion resistant.

it

shall

be

composed

of

safe

materials

and

be

History
CMY–28–86, May 2, 1986.
§ 113. Wood
Hard maple or equivalently nonabsorbent material that meets the general
requirements set forth in § 111 of these regulations may be used for cutting
blocks, cutting boards, salad bowls, and baker's tables. Wood may be used for
single-service articles, such as chopsticks, stirrers, or ice cream spoons.
The use of wood, canvas, or other porous materials as a food-contact surface
under other circumstances is prohibited.

History
CMY–28–86, May 2, 1986.
§ 114. Plastics
Safe plastic or safe rubber or safe rubber-like materials that are
resistant under normal conditions of use to scratching, scoring, decomposition,
crazing, chipping or distortion, that are of sufficient weight and thickness to
permit cleaning and sanitizing by normal dishwashing/warewashing methods, and
which meet the general requirements set forth in § 111 of these regulations,
are permitted for repeated use.
History
CMY–28–86, May 2, 1986.
§ 115. Mollusk and crustacea shells
Mollusk and crustacea shells may be used only once as a serving
container. Further reuse of such shells for food service is prohibited.
History
CMY–28–86, May 2, 1986.
§ 116. Single-service
Reuse of single-service articles is prohibited.
History
CMY–28–86, May 2, 1986.
§ 117. Design and fabrication—General
A. All equipment and utensils or tableware, including plastic-ware, shall
be designed and fabricated for durability under conditions of normal use and
shall be resistant to denting, buckling, pitting, chipping, crazing and shall
meet the National Sanitation Foundation requirements or be of equivalent
construction.
B. Food-contact surfaces shall be easily cleanable, smooth, and free of
breaks, open seams, cracks, chips, pits, and similar imperfections, and free of
difficult-to-clean internal corners and crevices. Cast iron may be used as a
food-contact surface only if the surface is smooth and heated, such as in
grills, griddle tops, and skillets.
Threads shall be designed to facilitate
cleaning; ordinary "V" type threads are prohibited as food-contact surfaces,
except that in equipment such as ice makers or hot oil cooking equipment and
hot oil filtering systems, such threads shall be minimized.
C. Equipment containing bearings and gears requiring unsafe lubricants
shall be designed and constructed so that the lubricant cannot leak, drip, or

be forced into food onto food-contact surfaces. Only safe lubricants shall be
used on equipment designed to receive lubrication of bearings and gears on or
within food-contact surfaces.
These lubricating materials shall meet 21 CFR
178.3570.
D. Tubing conveying beverages or beverage ingredients to dispensing heads
may be in contact with stored ice; provided, that such tubing is fabricated
from safe materials, is grommeted at entry and exit points to prevent moisture
(condensation) from entering the ice machine or the ice storage bin, and is
kept clean.
Drainage tubes from dispensing units shall not pass through the
ice machine or the ice storage bin.
E. Sinks and drain boards shall be self-draining.
History
CMY–28–86, May 2, 1986.
§ 118. Accessibility
Unless designed for in-place cleaning, food-contact surfaces shall be
accessible for cleaning and inspection:
A. Without being disassembled;

or

B. By disassembling without the use of tools;

or

C. By easy disassembling with the use of only simple tools such as a
mallet, a screwdriver, or an open-end wrench kept available near the equipment.
History
CMY–28–86, May 2, 1986.
§ 119. In-place cleaning
Equipment intended
fabricated that:

for

in-place

cleaning

shall

be

so

designed

and

A. Cleaning and sanitizing solutions can be circulated throughout a fixed
system using an effective cleaning and sanitizing regimen; and
B. Cleaning and sanitizing
contact surfaces; and

solutions

will contact all interior

food

C. The system is self-draining or capable or being completely evacuated.
History
CMY–28–86, May 2, 1986.
§ 120. Pressure spray cleaning
Fixed equipment designed and fabricated to be cleaned and sanitized by

pressure spray
connections.

methods

shall

have

sealed

electrical

wiring,

switches,

and

History
CMY–28–86, May 2, 1986.
§ 121. Thermometers
Indicating thermometers required for immersion into food or cooking media
shall be of non-corrosive metal, stem type construction, numerically scaled,
and accurate to 3F.
History
CMY–28–86, May 2, 1986.
§ 122. Non-food-contact surfaces
Surfaces of equipment not intended for contact with food, but which are
exposed to splash or food debris or which otherwise require frequent cleaning,
shall be designed and fabricated to be smooth, washable, free of unnecessary
ledges, projections, or crevices, and readily accessible for cleaning, and
shall be of such material and in such repair as to be easily maintained in a
clean and sanitary condition.
History
CMY–28–86, May 2, 1986.
§ 123. Ventilation hoods
Ventilation hoods and devices shall be designed to prevent grease or
condensation from collecting on walls and ceiling, and from dripping into food
or onto food-contact surfaces.
Filters or other grease extracting equipment
shall be readily removable for cleaning and replacement if not designed to be
cleaned in place.
These hoods shall be constructed and maintained in
accordance with the latest edition of the National Fire Codes, National Fire
Protection Association, Volume 9, 1983.
History
CMY–28–86, May 2, 1986.
§ 124. Existing equipment
Equipment that was installed in a food service establishment prior to the
effective date of these regulations and that does not fully meet all of the
design and fabrication requirements of these regulations shall be deemed
acceptable in that establishment if it is in good repair, capable of being in a
sanitary condition, and the food-contact surfaces are nontoxic.
Replacement
equipment and new equipment acquired after the effective date of these
regulations shall meet the requirements of these regulations.

History
CMY–28–86, May 2, 1986.
§ 125. Equipment installation and location—General
Equipment, including ice makers and ice storage equipment, shall not be
located under open stairwells or under exposed or unprotected sewer lines, or
where water lines are leaking or condensate is present, or other source of
contamination.
This requirement does not apply to automatic fire protection
sprinkler heads that may be required by law.
History
CMY–28–86, May 2, 1986.
§ 126. Table-mounted equipment
A. Equipment that is placed on tables or counters, unless portable, shall
be sealed to the table or counter or elevated on legs to provide at least a
four-inch clearance between the table or counter and equipment and shall be
installed to facilitate the cleaning of the equipment and adjacent areas.
B. Equipment is portable within the meaning of these regulations if:
1. It is small and light enough to be moved easily by one person;
and
2. It has no utility connection, or has a utility connection that
disconnects quickly, or has flexible utility connection line of
sufficient length to permit the equipment to be moved for easy cleaning.
History
CMY–28–86, May 2, 1986.
§ 127. Floor-mounted equipment
A. Floor-mounted equipment, unless readily movable, shall be:
1. Sealed to the floor;

or

2. Installed on a raised platform of concrete or other smooth
masonry in a way that meets all the requirements for sealing or floor
clearances; or
3. Elevated on legs to provide at least a six-inch clearance
between the floor and equipment, except that vertically mounted floor
mixers may be elevated to provide at least a four-inch clearance between
the floor and equipment if no part of the floor under the mixer is more
than six inches from cleaning access.
B. Equipment is easily movable if.

1. It is mounted on wheels or casters;

and

2. It has no utility connection that disconnects quickly, or has a
flexible utility connection line of sufficient length to permit the
equipment to be moved for easy cleaning.
C. Unless sufficient space is provided for easy cleaning between, behind
and above each unit of fixed equipment, the space between it and adjoining
equipment units and adjacent walls or ceiling shall be not more than 1/32 inch;
or if exposed to seepage, the equipment shall be sealed to the adjoining
equipment or adjacent walls or ceilings.
History
CMY–28–86, May 2, 1986.
§ 128. Aisles and working spaces
Aisles and working spaces between units of equipment and walls shall be
unobstructed and of sufficient width to permit employees to perform their
duties readily without contamination of food or food-contact surfaces by
clothing or personal contact.
All easily movable storage equipment such as
pallets, racks, and dollies shall be positioned to provide accessibility to
working areas.
History
CMY–28–86, May 2, 1986.

Subchapter
Utensils

5.

Cleaning,

Sanitization

and

Storage

of

Equipment

and

§ 151. Equipment and utensil cleaning and sanitization and storage—Cleaning
frequency
A. Tableware shall be washed, rinsed, and sanitized after each use and
when necessary pre-rinsed or pre-soaked to remove gross food particles and
soil.
B. To prevent cross-contamination, kitchenware and food-contact, surfaces
of equipment shall not be used for both raw and cooked food unless they have
been washed, rinsed, and sanitized after each use or following any interruption
of operations during which time contamination may have occurred.
C. Where equipment and utensils are used for the preparation of
potentially hazardous foods on a continuous or production-line basis, utensils
and food-contact surfaces of equipment shall be washed, rinsed, and sanitized
at intervals throughout the day on a schedule based on food temperature, type
of food, and amount of food particles accumulation.
D. The food-contact surfaces of grills, griddles, and similar cooking
devices and the cavities and door seals of microwave ovens shall be cleaned at

least once a day, except that this shall not apply to hot oil cooking equipment
and hot oil filtering systems.
The food-contact surfaces of all cooking
equipment shall be kept free of encrusted grease deposits and other accumulated
soil.
E. Non-food-contact surfaces of equipment shall be cleaned as often as is
necessary to keep the equipment free of accumulation of dust, dirt, grease,
food particles, and other debris.
History
CMY–28–86, May 2, 1986.
§ 152. Wiping cloths
A. Cloths used for wiping food spills on tableware, such as plates or
bowls being served to the consumer, shall be clean, dry and used for no other
purpose.
B. Moist cloths used for wiping food spills on kitchenware and
food-contact surfaces of equipment shall be clean and rinsed frequently in one
of the sanitizing solutions permitted by the Federal Insecticide, Fungicide and
Rodenticide Act of June 25, 1947,1 as amended and used for no other purpose.
These cloths shall be rinsed and then stored in the sanitizing solution between
uses.
C. Moist cloths used for cleaning non-food contact surfaces of equipment
such as counters, dining table tops and shelves shall be clean and rinsed in
one of the sanitizing solutions permitted by the Federal Insecticide, Fungicide
and Rodenticide Act,1 as amended, and used for no other purpose. These cloths
shall be rinsed and then stored in the sanitizing solution between uses.
History
CMY–28–86, May 2, 1986.
§ 153. Manual cleaning and sanitizing
A. For manual washing, rinsing and sanitizing of utensils and equipment,
a sink with not fewer than three compartments shall be provided and used. Sink
compartments shall be large enough to permit the accommodation of the equipment
and utensils, and each compartment of the sink shall be supplied with hot and
cold potable running water.
Fixed equipment and utensils and equipment too
large to be cleaned in sink compartments shall be washed manually or cleaned
through pressure spray methods.
B. Drain boards or easily movable dish tables or carts of adequate size
shall be provided for proper handling of soiled utensils prior to washing and
for cleaned utensils following sanitizing and shall be located so as not to
interfere with the proper use of the dishwashing facilities.
C. Equipment and utensils shall be pre-flushed or pre-scraped, and when
necessary, pre-soaked to remove gross food particles and soil.

D. Except for fixed equipment and utensils too large to be cleaned in
sink compartments, manual washing, rinsing and sanitizing shall be conducted in
the following sequence:
1. Sinks shall be thoroughly cleaned prior to each use;
2. Equipment and utensils shall be thoroughly washed in the first
compartment with a hot detergent solution that is kept clean; and
3. Equipment and utensils shall be rinsed free of detergent and
abrasive with clean water in the second compartment.
E. Equipment and utensils shall be sanitized in the their compartment as
follows:
1. Immersion for a least one-half (1/2) minute in clean, hot water
at a temperature of at least 170; or
2. Immersion for at least one minute in a clean solution containing
at least 50 parts per million of available iodine and at a temperature of
at least 75F; or
3. Immersion for at least one minute in a clean solution containing
at least 50 parts per million of available chlorine as a hypochlorite and
at a temperature of at least 75F; or
4. Immersion in a clean solution containing any approved sanitizing
agent that will provide the equivalent bactericidal effect of a solution
containing at least 50 parts per million of available iodine and at a
temperature of a least 75F for one minute; or
5. Treatment with steam free from unapproved materials or additives
in the case of equipment too large to sanitize by immersion, but in which
steam can be confined; or
6. Rinsing or spraying or swabbing with an approved chemical
sanitizing solution of at least twice the strength required for that
particular sanitizing solution in the case of equipment too large to
sanitize by immersion.
F. When hot water is used for sanitizing, the following facilities shall
be provided and used;
1. An integral heating device or fixture installed in, on, or under
the sanitizing compartment of the sink capable of maintaining the water
at a temperature of at least 170F; and
2. A numerically scaled indicating thermometer, accurate to 3F,
convenient to the sink for frequent checks of water temperatures; and
3. Dish baskets of such size and design to permit complete
immersion of the tableware, kitchenware, and equipment in the hot water.

G. When chemicals are used for sanitization, they shall meet the
requirements of the U.S.
Environmental Protection Agency as a sanitizer for
food equipment and not have concentrations higher than the maximum permitted by
the manufacturer of the approved product and a test kit or other device that
accurately measures the parts per million concentration of the solution shall
be provided and used.
History
CMY–28–86, May 2, 1986.
§ 154. Mechanical cleaning and sanitizing
A. Cleaning and sanitizing may be done by spray-type or immersion
dishwashing machines or by any other type of machine or device if it can be
demonstrated to the Health Advisor that it thoroughly cleans and sanitizes
equipment and utensils. These machines and device shall be properly installed
and maintained in good repair.
Machine and device shall be operated in
accordance with manufacturers' instructions, and utensils and equipment placed
in the machine shall be exposed to all dishwashing cycles. Automatic detergent
dispensers, wetting agent dispensers, and liquid sanitizer injectors, if any,
shall be an approved device properly installed and maintained.
B. The pressure of final rinse water supplied to spray-type dishwashing
machines shall not be less than 15 nor more than 25 pounds per square inch
measured in the water line immediately adjacent to the final rinse control
valve.
A 1/4–inch IPS (Iron Pipe Size) valve shall be provided immediately
upstream from the final rinse control valve to permit checking the flow
pressure of the final rinse water.
C. Machine or water line mounted numerically scaled indicating
thermometers, accurate to 3F, shall be provided to indicate the temperature of
the water in each tank of the machine and the temperature of the water in each
tank of the machine and the temperature of the final rinse water as it enters
the manifold.
D. Rinse water tanks shall be protected by baffles, curtains, or other
effective means to minimize the entry of wash water into the rinse water.
Conveyors in dishwashing/warewashing machines shall be accurately timed to
assure proper exposure times in wash and rinse cycles in accordance with
manufacturers' specifications attached to the machines.
E. Drain boards shall be provided, be self-draining, and be of adequate
size for the proper handling of soiled utensils prior to washing and of cleaned
utensils following sanitization and shall be so located and constructed as not
to interfere with the proper use of the dishwashing facilities. This does not
preclude the use of easily movable dish tables or carts for the storage of
clean utensils following sanitization.
F. Equipment and utensils shall be flushed or scraped and, when
necessary, soaked to remove food particles and soil prior to being washed in a
dishwashing/warewashing machine unless a pre-wash cycle is a part of the
dishwashing/warewashing machine operation.
Equipment and utensils shall be

placed in racks, trays, or baskets, or on conveyors, in a way that food-contact
surfaces are exposed to the unobstructed application of detergent wash and
clean rinse waters and that permits free draining.
G. Machines (single-tank,
spray-type glass washers) using
provided, that:

stationary-rack, door-type machines and
chemical for sanitization may be used;

1. The temperature of the wash water shall not be less than 120F.
2. The wash water shall be kept clean.
3. Chemicals added for sanitization purposes shall be automatically
dispensed.
4. Utensils and equipment shall be exposed to the final chemical
sanitizing rinse in accordance with manufacturers' specifications for
time and concentration.
5. The chemical sanitizing rinse water temperature shall be not
less than 75F nor less than the temperature specified by the machine's
manufacturer.
6. Approved chemical sanitizer shall be used.
7. A test kit or other device that accurately measures the parts
per million concentration of the solution shall be available and used.
H. Machines using hot water for sanitization may be used provided that
wash water and pumped rinse water shall be kept clean and water shall be
maintained at not less than the temperatures as indicated below:
1. Single-tank stationary-rack, dual-temperature machine:
Wash temperature………………………………………………………………………………150F
Final rinse temperature………………………………………………………….180F
2. Single-tank, stationary-rack, single-temperature machine:
Wash temperature…………………………………………………………………………….165F
Final rinse temperature………………………………………………………….165F
3. Single-tank, conveyer machine:
Wash temperature…………………………………………………………………………….160F
Final rinse temperature………………………………………………………….180F
4. Multi-tank, conveyer machine:
Wash temperature…………………………………………………………………………….150F

Pumped rinse temperature……………………………………………………….160F
Final rinse temperature………………………………………………………….180F
5. Single-tank, pot, pan, and utensil washer (either stationary or
moving-rack):
Wash temperature…………………………………………………………………………..140F
Final Rinse temperature………………………………………………………..180F
I. All dishwashing/warewashing machines shall be thoroughly cleaned at
least once a day or more often when necessary to maintain them in a
satisfactory operating condition.
History
CMY–28–86, May 2, 1986.
§ 155. Drying
After sanitization, all equipment and utensils shall be air dried.
History
CMY–28–86, May 2, 1986.
§ 156. Equipment and utensils—Handling
Cleaned and sanitized equipment and utensils shall be handled in a way
that protects them from contamination.
Spoons, knives, and forks shall be
touched only by their handles. Cups, glasses, bowls, plates and similar items
shall be handled without contact with inside surfaces or surfaces that contact
the user's mouth.
History
CW–28–86, May 2, 1986.
§ 157. Equipment and utensils—Storage
A. Cleaned and sanitized utensils and equipment shall be stored at least
six inches above the floor in a clean, dry location in a way that protects them
from contamination by splash, dust and other means. The food-contact surfaces
of fixed equipment shall also be protected from contamination. Equipment and
utensils shall not be placed under open stairwells or under exposed sewer fine
or water lines which are leaking or on which condensate is present, except for
automatic fire protection sprinkler heads that may be required by the Fire
Protection Authority having jurisdiction.
B. Utensils shall be air dried before being stored or shall be stored in
a self-draining position.

C. Glasses and cups shall be stored inverted. Direct storage on toweling
or paper is prohibited.
Other stored utensils shall be covered or inverted
whenever practical.
Facilities for the storage of knives, forks, and spoons
shall be designed and used to present the handle to the employee or consumer.
Unless tableware is pre-wrapped, holders for knives, forks, and spoons at
self-service locations shall protect these articles from contamination and
present the handle of the utensil to the consumer.
All unused pre-set
tableware will be collected for washing and sanitizing immediately after
customer meal period.
History
CMY–28–86, May 2, 1986.
§ 158. Single-service articles
A. Single-service articles shall be stored at least six inches above the
floor in closed cartons or containers which protect them from contamination and
shall not be placed under open stairwells, under unprotected sewer lines or
water fines that are leaking or on which condensate is present, except for
automatic fire protection sprinkler heads that may be required by the Fire
Protection Authority having jurisdiction.
B. Single-service articles shall be handled and dispensed in a manner
that prevents contamination of surfaces which may come in contact with food or
with the mouth of the user.
C. Single-service knives, forks, and spoons packaged in bulk shall be
inserted into holders or be wrapped by an employee who has washed his hands
immediately prior to sorting or wrapping the utensils. Unless single-service
knives, forks and spoon are pre-wrapped or prepackaged, holders shall be
provided to protect these items from contamination and present the handle of
the utensils to the consumer.
D. To protect against health hazards related to the conduct of the food
service establishment in the case of dishwashing equipment breakdown or other
operational failure, the Health Advisor may impose the requirement to provide
only single-service articles for use by the consumer.
History
CMY–28–86, May 2, 1986.
§ 159. Prohibited storage area
The storage of food, equipment, utensils or single-service articles in
toilet rooms or vestibules is prohibited.
History
CMY–28–86, May 2, 1986.

Subchapter 6. Sanitary Facilities and Controls
§ 181. Water supply—General
Enough potable water for the needs of the food service establishment
shall be provided from a source constructed and operated according to the Safe
Drinking Water Act, Public Law 93–523.1
History
CMY–28–86, May 2, 1986.
§ 182. Transportation
All potable water not provided directly by pipe to the food service
establishment from the source shall be transported in a bulk water transport
system and shall be delivered to a closed-water system. Both of these systems
shall be both constructed and operated to meet the approval of the Health
Advisor.
History
CMY–28–86, May 2, 1986.
§ 183. Bottled water
Bottled and packaged potable water shall be obtained from a source that
complies with all laws and shall be handled and stored in a way that protects
if from contamination. Bottled and packaged potable water shall be dispensed
from the original container.
History
CMY–28–86, May 2, 1986.
§ 184. Water under pressure
Water under pressure at the required temperatures shall be provided to
all fixtures and equipment that use water.
History
CMY–28–86, May 2, 1986.
§ 185. Steam
Steam used in contact with food or food-contact surfaces shall be free
from any materials or additives other than those specified in 21 CFR 173.310.
History
CMY–28–86, May 2, 1986.

§ 186. Sewage—General
All sewage, including liquid waste, shall be disposed of by a public
sewerage system or by a sewage disposal system constructed and operated to meet
the approval of the Health Advisor.
Non-water-carried sewage disposal
facilities are prohibited, except as permitted by §§ 291–298 of this ordinance
(pertaining to temporary food service establishments) or as permitted by the
regulatory authority in remote areas or because of special situations.
History
CMY–28–86, May 2, 1986.
§ 187. Plumbing—General
Plumbing shall be sized, installed, and maintained according to the
latest edition of the Uniform Plumbing Code.
There shall be no cross
connection between the potable water supply and any nonpotable or questionable
water supply nor any source of pollution through which the potable water supply
might become contaminated.
History
CMY–28–86, May 2, 1986.
§ 188. Nonpotable water system
A nonpotable water system is permitted only for purposes such as
air-conditioning and fire protection and only if the system is installed to
meet the approval of the Health Advisor and the nonpotable water does not
contact, directly or indirectly, food, potable water, equipment that contacts
food, or utensils. The piping of any nonpotable water system shall be durably
identified so that it is readily distinguishable from piping that carries
potable water.
History
CMY–28–86, May 2, 1986.
§ 189. Backflow
The potable water system shall be installed to preclude the possibility
of backflow.
Devices shall be installed to protect against backflow and
backsiphonage at all fixtures and equipment where an air gap at least twice the
diameter of the water supply inlet is not provided between the water supply
inlet and the fixture's flood level rim.
A hose shall not be attached to a
faucet unless a backflow prevention device is installed.
History
CMY–28–86, May 2, 1986.
§ 190. Grease traps

If used, grease traps shall be located to be easily accessible for
cleaning and shall be located outside the building.
History
CMY–28–86, May 2, 1986.
§ 191. Garbage grinders
If used, garbage grinders shall be installed and maintained to meet the
approval of the Health Advisor.
History
CMY–28–86, May 2, 1986.
§ 192. Drains
There shall be no direct connection between the sewerage system and any
drains originating from equipment in which food, portable equipment, or
utensils are placed. When a dishwashing machine is located within five feet of
a trapped floor drain, the dishwasher waste outlet may be connected directly on
the inlet side of a properly vented floor drain trap if meeting the approval of
the Health Advisor.
History
CMY–28–86, May 2, 1986.
§ 193. Toilet facilities—Toilet installation
A. Toilet facilities shall be installed for the public and employees
according to the latest edition of the Uniform Plumbing Code, shall be
conveniently located, and shall be accessible to employees at all times.
B. Bathroom facilities shall accommodate handicapped individuals. These
facilities shall be constructed according to American National Standard
Specification A1171–1976 (R1971).
History
CMY–28–86, May 2, 1986.
§ 194. Toilet design
Toilets and urinals shall be designed to be easily cleanable.
History
CMY–28–86, May 2, 1986.
§ 195. Toilet rooms
Toilet rooms shall be completely enclosed and shall have tight-fitting,

self-closing, solid doors, which shall be closed except during cleaning or
maintenance.
History
CMY–28–86, May 2, 1986.
§ 196. Toilet fixtures
Toilet fixtures shall be kept clean and in good repair.
A supply of
toilet tissue shall be provided at each toilet at all times. Easily cleanable
receptacles shall be provided for waste materials. Toilet rooms used by women
shall have at least one covered waste receptacle.
History
CMY–28–86, May 2, 1986.
§ 197. Lavatory facilities—Lavatory installation
A. Lavatories shall be at least the number required by the latest edition
of the Uniform Plumbing Code, shall be installed according to this Code, and
shall be located to permit convenient use by all employees in food preparation
areas and utensil-washing areas.
B. Lavatories shall be accessible to employees at all times.
C. Lavatories shall also be located in or immediately adjacent to toilet
rooms or vestibules. Sinks used for food preparation or for washing equipment
or utensils shall not be used for handwashing.
History
CMY–28–86, May 2, 1986.
§ 198. Lavatory faucets
Each lavatory shall be provided with hot and cold water tempered by means
of a mixing valve or combination faucet.
Any self-closing, slow-closing, or
metering faucet used shall be designed to provide a flow of water for at least
15 seconds without the need to reactivate the faucet. Steam-mixing valves are
prohibited.
History
CMY–28–86, May 2, 1986.
§ 199. Lavatory supplies
A supply of hand-cleansing soap or detergent shall be available at each
lavatory.
A supply of sanitary towels or a hand-drying device, providing
heated air shall be conveniently located near each lavatory. Common towels are
prohibited. If disposable towels are used, easily cleanable waste receptacles
shall be conveniently located near the handwashing facilities.

History
CMY–28–86, May 2, 1986.
§ 200. Lavatory maintenance
Lavatories, soap dispensers, hand-drying devices and all related fixtures
shall be kept clean and in good repair.
History
CMY–28–86, May 2, 1986.
§ 201. Garbage and refuse—Containers
A. Garbage and refuse shall be kept in durable, easily cleanable,
insect-proof and rodent-proof containers that do not leak and do not absorb
liquids. Plastic bags and wet-strength paper bags may be used to line these
containers, and they may be used for storage inside the food service
establishment.
B. Containers used in food preparation and utensil washing areas shall be
kept covered after they are filled.
C. Containers stored outside the establishment, and dumpsters, compactors
and compactor systems shall be easily cleanable, shall be provided with
tight-fitting lids, doors or covers, and shall be kept covered when not in
actual use. In containers designed with drains, drain plugs shall be in place
at all times, except during cleaning.
D. There shall be a number of containers to hold all the garbage and
refuse that accumulates.
E. Soiled containers shall be cleaned at a frequency to prevent insect
and rodent attraction.
Each container shall be thoroughly cleaned on the
inside and outside in a way that does not contaminate food, equipment,
utensils, or food preparation areas. Suitable facilities, including hot water
and detergent or steam, shall be provided and used for washing containers.
Liquid waste from compacting or cleaning operations shall be disposed of as
sewage.
History
CMY–28–86, May 2, 1986.
§ 202. Storage
A. Garbage and refuse on the premises shall be stored in a manner to make
them inaccessible to insects and rodents.
Outside storage of unprotected
plastic bags or wet-strength paper bags or baled units containing garbage or
refuse is prohibited.
Cardboard or other packaging material not containing
garbage or food waste need not be stored in covered containers.

B. Garbage or refuse storage rooms, if used, shall be constructed of
easily cleanable, non-absorbent, washable materials, shall be kept clean, shall
be insect-proof and rodent-proof and shall be large enough to store the garbage
and refuse containers that accumulate.
C. Outside storage areas or enclosures shall be large enough to store the
garbage and refuse containers that accumulate and shall be kept clean. Garbage
and refuse containers, dumpsters and compactor systems located outside shall be
stored on or above a smooth surface of nonabsorbent materials such as concrete
or machine-laid asphalt that is kept clean and maintained in good repair.
History
CMY–28–86, May 2, 1986.
§ 203. Disposal
A. Garbage and refuse shall be disposed of often enough to prevent the
development of odor and the attraction of insects and rodents.
B. Where garbage or refuse is burned on the premises, it shall be done by
controlled incineration that prevents the escape of particulate matter meeting
the approval of the Health Advisor. Areas around incineration facilities shall
be clean and orderly.
History
CMY–28–86, May 2, 1986.
§ 204. Insect and rodent control—General
Effective measures intended to minimize the presence of rodents, flies,
cockroaches, and other insects on the premises shall be utilized. The premises
shall be kept in such condition as to prevent the harborage or feeding of
insects or rodents.
History
CMY–28–86, May 2, 1986.
§ 205. Openings
Openings to the outside shall be effectively protected against the
entrance of rodents. Outside openings shall be protected against the entrance
of insects by tight-fitting, self-closing doors, closed windows, screening,
controlled air currents, or other means. Screen doors shall be self-closing,
and screens for windows, doors, skylights, transoms, intake and exhaust air
ducts, and other openings to the outside shall be tight-fitting and free of
breaks. Screening material shall not be less than 16 mesh to the inch.
History
CMY–28–86, May 2, 1986.

Subchapter 7. Construction and Maintenance Of Physical Facilities
§ 221. Floor construction
Floors and floor coverings of all food preparation, food storage, and
utensil-washing areas, and the floors of all walk-in refrigerating units,
dressing rooms, locker rooms, toilet rooms and vestibules shall be constructed
of smooth durable material such as sealed concrete, terrazzo, ceramic tile,
durable grades of linoleum or plastic, or tight wood impregnated with plastic,
and shall be maintained in good repair. Nothing in this Section shall prohibit
the use of antislip floor covering in areas where necessary for safety reasons.
History
CMY–28–86, May 2, 1986.
§ 222. Floor carpeting
Carpeting, if used as a floor covering, shall be of closely woven
construction, properly installed, easily cleanable, and maintained in good
repair.
Carpeting is prohibited in food preparation, equipment washing and
utensil-washing areas where it would be exposed to large amounts of grease and
water, in food storage areas, and toilet room areas where urinals or toilet
fixtures are located.
History
CMY–28–86, May 2, 1986.
§ 223. Prohibited floor covering
The use of sawdust, wood shavings, peanut hulls, or similar material as a
floor covering is prohibited.
History
CMY–28–86, May 2, 1986.
§ 224. Floor drains
Properly installed, trapped floor drains shall be provided in floors that
are water-flushed for cleaning or that receive discharges of water or other
fluid waste from equipment, or in areas where equipment, or in areas where
pressure spray methods for cleaning equipment are used. Such floors shall be
constructed only of sealed concrete, terrazzo, ceramic tile or similar
materials, and shall be graded to drain.
History
CMY–28–86, May 2, 1986.
§ 225. Mats and duckboards

Mats and duckboards shall be of nonabsorbent, grease resistant materials
and of such size, design, and construction as to facilitate their being easily
cleaned. Duckboards shall not be used as storage racks.
History
CMY–28–86, May 2, 1986.
§ 226. Floor junctures
In all new or extensively remodeled establishments utilizing concrete,
terrazzo, ceramic tile or similar flooring materials, and where water-flush
cleaning methods are used, the junctures between walls and floors shall be
covered and sealed. In all other cases, the juncture between walls and floors
shall not present an open seam of more than 1/32 inch.
History
CMY–28–86, May 2, 1986.
§ 227. Utility line installation
Exposed utility service lines and pipes shall be installed in a way that
does not obstruct or prevent cleaning of the floor. In all new or extensively
remodeled establishments, installation of exposed horizontal utility lines and
pipes on the floor is prohibited.
History
CMY–28–86, May 2, 1986.
§ 228. Walls and ceilings—Maintenance
Walls and ceilings, including doors, windows, skylights, and similar
closures shall be maintained in good repair.
History
CMY–28–86, May 2, 1986.
§ 229. Construction
The walls, including non-supporting partitions, wall coverings, and
ceilings
of
walk-in
refrigerating
units,
food
preparation
areas,
equipment-washing and utensil-washing areas, toilet rooms and vestibules shall
be light colored, smooth, nonabsorbent, and easily cleanable.
Concrete or
pumice blocks used for interior wall construction in these locations shall be
finished and sealed to provide an easily cleanable surface.
History
CMY–28–86, May 2, 1986.
§ 230. Exposed construction

Studs, joists, and rafters shall not be exposed in walk-in refrigerating
units, food preparation areas, equipment-washing and utensil-washing areas,
toilet rooms and vestibules. If exposed in other rooms or areas, they shall be
finished to provide an easily cleanable surface.
History
CMY–28–86, May 2, 1986.
§ 231. Utility line installation
Exposed utility service lines and pipes shall be installed in a way that
does not obstruct or prevent cleaning of the walls and ceilings.
Utility
service lines and pipes shall not be unnecessarily exposed on walls or ceilings
in walk-in refrigerating units, food preparation areas equipment-washing and
utensil-washing areas, toilet rooms and vestibules.
History
CMY–28–86, May 2, 1986.
§ 232. Attachments
Light fixtures, vent covers, wall-mounted fans, decorative materials, and
similar equipment attached to walls and ceilings shall be easily cleanable and
shall be maintained in good repair.
History
CMY–28–86, May 2, 1986.
§ 233. Covering material installation
Wall and ceiling covering materials shall be attached and scaled so as to
be easily cleanable.
History
CMY–28–86, May 2, 1986.
§ 234. Cleaning physical facilities—General
Cleaning of floors and walls, except emergency cleaning of floors, shall
be done during periods when the least amount of food is exposed, such as after
closing or between meals.
Floors, mats, duckboards, walls, ceilings, and
attached equipment and decorative materials shall be kept clean. Only dustless
methods of cleaning floors and walls shall be used such as vacuum cleaning, wet
cleaning, or the use of dust-arresting sweeping compounds with brooms.
History
CMY–28–86, May 2, 1986.

§ 235. Utility facility
In new or extensively remodeled establishments at least one utility sink
or curbed cleaning facility with floor drain shall be provided and used for the
cleaning of mops or similar wet floor cleaning tools and for the disposal of
mop water or similar liquid wastes. The use of lavatories, utensil-washing or
equipment-washing, or food preparation sinks for this purpose is prohibited.
History
CMY–28–86, May 2, 1986.
§ 236. Lighting—General
A. Permanently fixed artificial fight sources shall be installed to
provide at least 20 foot candles of light on all food preparation surfaces and
at equipment or utensil-washing work levels.
B. Permanently fixed artificial light sources
provide, at distance of 30 inches from the floor:

shall

be

installed to

1. At least 20 foot candles of light in utensil and equipment
storage areas and in lavatory and toilet areas; and
2. At least 10 foot candles of light in walk-in refrigerating
units, dry food storage areas, and in all other areas. This shall also
include dining areas during cleaning operations.
History
CMY–28–86, May 2, 1986.
§ 237. Protective shielding
A. Shielding to protect against broken glass falling onto food shall be
provided for all artificial lighting fixtures located over, by, or within food
storage, preparation, service, and display facilities, and facilities where
utensils and equipment are cleaned and stored.
B. Infrared or other heat lamps shall be protected against breakage by a
shield surrounding and extending beyond the bulb, leaving only the face of the
bulb exposed.
History
CMY–28–86, May 2, 1986.
§ 238. Ventilation–General
All rooms shall have sufficient ventilation to keep them free of
excessive heat, steam, condensation, vapors, obnoxious odors, smoke and fumes.
Ventilation systems shall be installed and operated according to the approval
of the Health Advisor.

History
CMY–28–86,May 2, 1986.
§ 239. Special ventilation
A. Intake and exhaust air ducts shall be maintained to prevent the
entrance of dust, dirt, and other contaminating materials.
B. In new or extensively remodeled establishments, all rooms from which
obnoxious odors, vapors or fumes originate shall be mechanically vented to the
outside.
History
CMY–28–86, May 2, 1986.
§ 240. Dressing rooms and areas
If employees routinely change clothes within the establishment, rooms or
areas shall be designated and used for that purpose.
These designated and
rooms or areas shall not be used for food preparation, storage or service, or
for utensil washing or storage.
History
CMY–28–86, May 2, 1986.
§ 241. Locker areas
Enough lockers or other suitable facilities shall be provided and used
for the orderly storage of employee clothing and other belongings. Lockers or
other suitable facilities may be located only in the designated dressing rooms
or in food storage rooms or areas containing only completely packaged food or
packaged single-service articles.
History
CMY–28–86, May 2, 1986.
§ 242. Poisonous or toxic materials—Materials permitted
There shall be present in food service establishments only those
poisonous or toxic materials necessary for maintaining the establishment,
cleaning and equipment and utensils, and controlling insects and rodents.
History
CMY–28–86, May 2, 1986.
§ 243. Labeling of materials
Containers of
distinctly labeled

poisonous or toxic materials shall be prominently and
according to U.S. Environmental Protection Agency's

requirements for easy identification of contents.
History
CMY–28–86, May 2, 1986.
§ 244. Storage of materials
A. Poisonous or toxic materials consist of the following categories:
1. Insecticides and rodenticides;
2. Detergents, sanitizers, and related cleaning or drying agents;
3. Caustics, acids, polishes, and other chemicals.
B. Each of the three categories set forth in Subsection A of this Section
shall be stored and physically located separate from each other. All poisonous
or toxic materials shall be stored in cabinets or in a similar physically
separate place used for no other purpose. To preclude contamination poisonous
or toxic materials shall not be stored above food, food equipment, utensils or
single-service articles, except that this requirement does not prohibit the
convenient availability of detergents or sanitizers at utensil or dishwashing
stations.
History
CMY–28–86, May 2, 1986.
§ 245. Use of materials
A. Bactericides, cleaning compounds or other compounds intended for use
on food-contact surfaces shall not be used in a way that leaves a toxic residue
on such surfaces or that constitutes a hazard to employees or other persons.
B. Poisonous or toxic materials shall not be used in a way that
contaminates food, equipment, or utensils, nor in a way that constitutes a
hazard to employees or other persons, nor in a way other than in full
compliance with the manufacturer's labeling.
History
CMY–28–86, May 2, 1986.
§ 246. Personal medications
Personal medications shall not be stored in food storage, preparation or
service areas.
History
CMY–28–86, May 2, 1986.
§ 247. First-aid supplies

First-aid supplies shall be stored in a way that prevents them from
contaminating food and food-contact surfaces.
History
CMY–28–86, May 2, 1986.
§ 248. Premises and building—General
A. Food service establishments and all parts of property
connection with their operations shall be kept free of litter.

used

in

B. The walking and driving surfaces of all exterior areas of food service
establishments shall be surfaces with concrete or asphalt, or with gravel or
similar material effectively treated to facilitate maintenance and minimize
dust. These surfaces shall be graded to prevent pooling and shall be kept free
of litter.
C. Only articles necessary for operation and maintenance of the food
service establishment shall be stored on the premises.
D. The premises and building shall be accessible to handicapped
individuals.
It shall meet the requirements as specified in the American
National Standards Specification A1171–1976 (R1971).
History
CMY–28–86, May 2, 1986.
§ 249. Living areas
No operation of a food service establishment shall be conducted in any
room used as living or sleeping quarters.
Food service operations shall be
separated from any living or sleeping quarters by complete partitioning and
solid, self-closing doors.
History
CMY–28–86, May 2, 1986.
§ 250. Laundry facilities
A. Laundry facilities in a food service establishment shall be restricted
to the washing and drying of linens, cloths, uniforms and aprons necessary to
the operation. If such items are laundered on the premises, an electric or gas
dryer shall be provided and used.
B. Separate rooms shall be provided for laundry facilities except that
such operations may be conducted in storage rooms containing only packaged
foods or packaged single-service articles.
History

CMY–28–86, May 2, 1986.
§ 251. Linens and clothes storage
A. Clean clothes and linens shall
protected from contamination until used.

be

stored

in

a

clean

place

and

B. Soiled cloths and linens shall be stored in nonabsorbent containers or
washable laundry bags until removed for laundering.
History
CMY–28–86, May 2, 1986.
§ 252. Cleaning equipment storage
Maintenance and cleaning tools such as brooms, mops, vacuum cleaners and
similar equipment shall be maintained and stored in a way that does not
contaminate food, utensils, equipment, or linens and shall be stored in an
orderly manner for the cleaning of that storage location.
History
CMY–28–86, May 2, 1986.
§ 253. Animals
Live animals, including birds and turtles, shall be excluded from within
the food service operational premises and from adjacent areas under the control
of the permit holder. This exclusion does not apply to edible fish, crustacea,
shellfish, or to fish in aquariums.
Patrol dogs accompanying security or
police officers, or guide dogs accompanying blind persons, shall be permitted
in dining areas.
History
CMY–28–86, May 2, 1986.
§ 254. Fire and electrical safety
Premises and buildings shall comply with the most recent edition of the
National Fire Protection Association and the Navajo Nation Fire Protection
Codes.
History
CMY–28–86, May 2, 1986.

Subchapter 8. Mobile Food Units
§ 271. Mobile food service—General
Mobile food units shall comply with the requirements of this Chapter,

except as otherwise provided in this Section and in § 272 of these regulations.
The Health Advisor may impose additional requirements to protect against health
hazards related to the conduct of food service establishments as a mobile
operations, may prohibit the sale of some of all potentially hazardous food,
and when no health hazard will result, may waive or modify requirements of this
Chapter relating to physical facilities except those requirements of §§ 274–278
of these regulations.
History
CMY–28–86, May 2, 1986.
§ 272. Restricted operation
Mobile food units serving food prepared, packaged in individual servings,
transported and stored under conditions meeting the requirements of these
regulations, or beverages that are not potentially hazardous and are dispensed
from covered urns, or other protected equipment, need not comply with
requirements of these regulations pertaining to the cleaning and sanitization
of equipment and utensils if the required equipment for cleaning and
sanitization exists at the commissary.
History
CMY–28–86, May 2, 1986.
§ 273. Single-service articles
Mobile food units shall provide only single-service articles for use by
the consumer.
History
CMY–28–86, May 2, 1986.
§ 274. Water system
A mobile food unit requiring a water system shall have a potable water
system under pressure. The system shall be of sufficient capacity to furnish
enough hot and cold water for food preparation, utensil cleaning and
sanitizing, and handwashing, in accordance with the requirements of these
regulations.
The water inlet shall be located so that it will not be
contaminated by waste discharge, road dust, oil, or grease, and it shall be
kept capped unless being filled.
The water inlet shall be provided with a
transition connection of a size or type that will prevent its use for any other
service.
All water distribution pipes or tubing shall be constructed and
installed in accordance with the requirements of these regulations.
History
CMY–28–86, May 2, 1986.
§ 275. Waste retention

If liquid waste results from operation of a mobile food unit, the waste
shall be stored in a permanently installed retention tank that is of at least
fifteen percent (15%) larger capacity than the water supply tank and in any
case of sufficient capacity to contain all anticipated waste water loading.
Liquid waste shall not be discharged from the retention tank when the mobile
food unit is in motion. All connections on the vehicle for servicing mobile
food unit waste disposal facilities shall be of a different size or type than
those used for supplying potable water to the mobile food unit.
The waste
connection shall be located lower than the water inlet connection to preclude
contamination of the potable waster system.
History
CMY–28–86, May 2, 1986.
§ 276. Commissary—Base of operations
A. Mobile food units shall operate from a commissary or other fixed food
service establishment and shall report at least daily to such location for all
supplies and for all cleaning and servicing operations.
B. The commissary or other fixed food service establishment used as a
base of operations for mobile food units shall be constructed and operated in
compliance with the requirements of these regulations.
History
CMY–28–86, May 2, 1986.
§ 277. Servicing area and operations—Servicing area
A. A mobile food unit servicing area shall be provided and shall include
at least overhead protection for any supplying, cleaning, or servicing
operation. Within this servicing area, there shall be a location provided for
the flushing and drainage of liquid wastes separate from the location provided
for water servicing and for the loading and unloading of food and related
supplies. This servicing area will not be required where only packaged food is
placed on the mobile food unit or where mobile food unit do not contain waste
retention tanks.
B. The surface of the servicing area shall be constructed of a smooth
nonabsorbent material, such as concrete or machine-laid asphalt and shall be
maintained in good repair, kept clean, and be graded to drain.
C. The construction of the walls and ceilings of the servicing area is
exempted from the provisions of § 228–233 of these regulations.
History
CMY–28–86, May 2, 1986.
§ 278. Servicing operations
A. Potable water servicing equipment shall be installed to meet the

Health Advisor's approval and shall be stored and
protects the water and equipment from contamination.

handled in a

way

that

B. The mobile food unit liquid waste retention tank, where used, shall be
thoroughly flushed and drained during the servicing operation.
All liquid
waste shall be discharged to a sanitary sewerage disposal system in accordance
with § 186 of these regulations.
History
CMY–28–86, May 2, 1986.

Subchapter 9. Temporary Food Service
§ 291. Temporary food service establishments—General
A temporary food service establishment shall comply with the requirements
of this Chapter, except as otherwise provided in this Subchapter. The Health
Advisor may impose additional reasonable requirements to protect against health
hazards related to the conduct of temporary food service establishment, may
prohibit the sale of some or all potentially hazardous foods, and when no
health hazard will result, may waive or modify requirements of Subchapter 9 of
this Code.
History
CMY–28–86, May 2, 1986.
§ 292. Restricted operations
A. These provisions are applicable whenever a temporary food service
establishment is permitted, under the provisions of § 291 of these regulations,
to operate without complying with all the requirements of this Subchapter.
B. Only those potentially hazardous foods requiring limited preparation,
such as hamburgers, frankfurters, refried beans, mutton and lamb stew that only
require seasoning and cooking, shall be prepared or served. The preparation or
sandwiches containing meat, poultry eggs or fish is prohibited.
This
prohibition does not apply to any potentially hazardous foods that have been
prepared and packaged under conditions meeting the requirements of these
regulations, is obtained in individual servings, is stored at a temperature of
45F or below or at a temperature of 140F or above in facilities meeting the
requirements of these regulations, and is served directly in the unopened
contain or in which it was packaged.
History
CMY–28–86, May 2, 1986.
§ 293. Ice
Ice that is consumed or that contacts food shall be made under conditions
meeting the approval of the Health Advisor. The ice shall be obtained only in

chipped, crushed, or cubed form and in single-use safe plastic or wet-strength
paper bags filled and sealed at the point of manufacture.
The ice shall be
held in these bags until it is dispensed in a way that protects it from
contamination.
History
CMY–28–86, May 2, 1986.
§ 294. Equipment
A. Equipment shall be located and installed in a way that prevents food
contamination and that also facilitates cleaning the establishment.
B. Food-contact surfaces of equipment shall be protected from
contamination by consumers and other contaminating agents. Effective shields
for such equipment shall be provided, as necessary, to prevent contamination.
History
CMY–28–86, May 2, 1986.
§ 295. Single-service articles
All temporary food service establishments without effective facilities
for cleaning and sanitizing tableware shall provide only single-service
articles for use by the consumer.
History
CMY–28–86, May 2, 1986.
§ 296. Water
Sufficient potable water shall be available in the establishment for food
preparation, for cleaning and sanitizing utensils and equipment, and for
handwashing.
A heating facility capable of producing enough hot water for
these purposes shall be provided on the premises.
History
CMY–28–86, May 2, 1986.
§ 297. Wet storage
Storage of packaged food in contact with water or undrained ice is
prohibited. Wrapped sandwiches shall not be stored in direct contact with ice.
History
CMY–28–86, May 2, 1986.
§ 298. Wastewater

All wastewater including liquid wastes shall be disposed of at a public
sewer or other approved wastewater disposal systems.
History
CMY–28–86, May 2, 1986.
Note.

Slightly reworded for purposes of statutory clarity.

§ 299. Handwashing
A convenient handwashing facility shall be available for employee
handwashing.
This facility shall consist of water, soap and single-service
towels.
History
CMY–28–86, May 2, 1986.
§ 300. Floors
Floors shall be effectively treated to control dust.
History
CMY–28–86, May 2, 1986.
§ 301. Walls and ceilings of food preparation areas
A. Ceilings shall be made of wood, canvas, or other material that
protects the interior of the establishment from the weather.
Walls and
ceilings of food preparation areas shall be constructed in a way which
minimizes the entrance of insects and other sources of contamination. Doors to
food preparation areas shall be self-closing.
Screening material used for
walls, doors, or windows shall be at least 16 mesh to the inch.
B. Counter-service openings shall not be larger than necessary for the
particular operation conducted.
History
CMY–28–86, May 2, 1986.
Note.

§ 301 (A) slightly reworded for purposes of statutory clarity.

Subchapter 10. Compliance Procedures
§ 331. Permits, licenses, or certificates—General
No person shall operate a food service establishment who does not have a
valid sanitation permit issued to him by the regulatory authority.
Only a
person who complies with the requirements of this Code shall be entitled to
receive or retain such a sanitation permit.
Sanitation permits are not

transferable.
A valid permit shall be posted in every food service
establishment. Food processing operations, i.e., canneries, must have a valid
sanitation permit issued by the Regulatory Authority and meet the requirements
of the Health Advisor.
History
CMY–28–86, May 2, 1986.
§ 332. Certifications
Each employee working in a food service establishment, including mobile
and temporary food establishments, must have a valid food service training
certificate from the Health Advisor. Each food service establishment must have
on duty at least one individual who is currently certified as a food service
manager by the Health Advisor.
History
CMY–28–86, May 2, 1986.
§ 333. Issuance of sanitation permit
A. Any person desiring to operate a food service establishment shall make
written application for a sanitation permit on forms provided by the Regulatory
Authority.
Such application shall include the name and address of each
applicant, the location and type of the proposed food service establishment,
and the signature of each applicant.
B. Prior to approval of an application for a sanitation permit, the
Health Advisor shall inspect the proposed food service establishment to
determine compliance with the requirements of this Code.
C. The Regulatory Authority based on the recommendation of the Health
Advisor shall issue a sanitation permit to the applicant if its inspection
reveals that the proposed food service establishment complies with the
requirements of this Code.
D. Certain waivers of these regulations may be granted if, in the opinion
of the Health Advisor, this does not constitute a health hazard.
History
CMY–28–86, May 2, 1986.
§ 334. Suspension of permit, license, or certificate
A. The Regulatory Authority or Health Advisor may, without warning,
notice, or hearing suspend any sanitation permit to operate a food service
establishment if the holder of the permit does not comply with the requirements
of this Code, or if the operation of the food service establishment otherwise
constitutes a substantial hazard to public health.
Suspension is effective
upon service of the notice required by § 334(B) of this Code.
When a
sanitation permit is suspended, food service operations shall immediately

cease. Whenever a permit, license, or certificate is suspended, the holder of
the permit, license, or certificate shall be afforded an opportunity for
hearing within 10 days of receipt of a request for hearing.
B. Whenever a sanitation permit is suspended, the holder of the permit,
or the person in charge shall be notified in writing that the permit is, upon
service of the notice, immediately suspended and that an opportunity for
hearing will be provided if a written request for hearing is filed with the
Regulatory Authority by the holder of the permit, within 10 days of receipt of
the request.
All notification of violations and permit suspensions must
include a written description of reasons for suspension, with clear
specification of violations. If no written request for hearing is filed within
10 days, the suspension is sustained.
The Regulatory Authority may end the
suspension at any time if reasons for suspension no longer exist.
History
CMY–28–86, May 2, 1986.
§ 335. Revocation of sanitation permit
A. The Regulatory Authority may, after providing opportunity for hearing,
revoke a sanitation permit, for serious or repeated violations of any of the
requirements of this Code or for interference with the Health Advisor in the
performance of duty.
B. Prior to revocation, the Regulatory Authority shall notify, in
writing, the holder of the sanitation permit, or the person in charge, of the
specific reason(s) for which the permit is to be revoked and that the permit
shall be revoked at the end of the 10 days following service of such notice
unless a written request for hearing is filed with the Regulatory Authority by
the holder of the permit within such 10-day period. If no request for hearing
is filed within the 10-day period, the revocation of the permit becomes final.
History
CMY–28–86, May 2, 1986.
§ 336. Service of notice
A notice provided for in this Code is properly served when it is
delivered to the holder of the permit, or the person in charge, or when it is
sent by registered or certified mail, return receipt requested, to the last
known address of the holder of the permit. A copy of the notice shall be filed
in the records of the Regulatory Authority.
History
CMY–28–86, May 2, 1986.
§ 337. Hearings
The hearings provided for in this Code shall be conducted by the
Regulatory Authority at a time and place designated by it. Any oral testimony

given at the hearing shall be recorded verbatim, and the presiding officer
shall make provision for sufficient copies of the transcript. The Regulatory
Authority shall make a final finding based upon the complete hearing records
and shall sustain, modify or rescind any notice or order considered in the
hearing. A written report of the hearing decision shall be furnished to the
holder of the sanitation permit, by the Regulatory Authority, within 10 days
after the hearing.
History
CMY–28–86, May 2, 1986.
§ 338. Application after revocation
Whenever a revocation of a sanitation permit has become final, the holder
of the revoked permit may make a written application for a new permit.
History
CMY–28–86, May 2, 1986.
§ 339. Inspections—Inspection frequency
An inspection of a food service establishment shall be performed at least
once every 12 months. Additional inspections of the food service establishment
shall be performed as often as necessary for the enforcement of this Code.
History
CMY–28–86, May 2, 1986.
§ 340. Access
Representatives of the Health Advisor, after proper identification, shall
be permitted to enter any food service establishment at any reasonable time for
the purpose of making inspections to determine compliance with this Code. The
representatives shall be permitted to examine the records of the establishment
to obtain information pertaining to food and supplies purchased, received, or
used.
History
CMY–28–86, May 2, 1986.
§ 341. Report of inspections
Whenever an inspection of a food service establishment or commissary is
made, the findings shall be recorded on the inspection report form set out in §
343 of this Code. The inspection report form shall summarize the requirements
of this ordinance and shall set forth a weighted point value for each
requirement.
Inspectional remarks shall be written to reference, by Section
number, the Section violated and shall state the correction to be made. The
rating score of the establishment shall be the total of the weighted point
values for all violations, subtracted from 100.
A copy of the completed

inspection report form is a public document that shall be made available for
public disclosure to any person who requests it.
History
CMY–28–86, May 2, 1986.
§ 342. Correction of violations
A. The completed inspection report form shall specify a reasonable period
of time for the correction of the violations found;
and correction of the
violations shall be accomplished within the period specified, in accordance
with the following provisions:
1. If an imminent health hazard exists, such as complete lack of
refrigeration or sewage backup onto the establishment, the establishment
shall immediately cease food service operations. Operations shall not be
resumed until authorized by the Health Advisor.
2. All violations of 4 or 5 point weighted items as described in
the inspection report form shall be corrected as soon as possible, but in
any event, within 10 days following inspection. Within 15 days after the
inspection, the holder of the sanitation permit shall submit a written
report to the Health Advisor stating that the 4 or 5 point weighted
violations have been corrected.
A follow-up inspection shall be
conducted to confirm correction.
3. All 1 or 2 point weighted items shall be corrected as soon as
possible, but in any event, by the time of the next routine inspection.
4. When the rating score of the establishment is less than 60, the
establishment shall initiate corrective action on all identified
violations within 48 hours. One or more reinspections will be conducted
at reasonable time intervals to assure correction.
5. In the case of temporary food service establishment, all
violations shall be corrected within 24 hours.
If violations are not
corrected within 24 hours, the establishment shall immediately cease food
service operations until authorized to resume by the Health Advisor.
B. The inspection report shall state that failure to comply with any time
limits for corrections may result in cessation of food service operations. An
opportunity for hearing on the inspection findings or the time limitations or
both will be provided if a written request is filed with the Regulatory
Authority within 90 days following cessation of operations. If a request for
hearing is received, a hearing shall be held within 20 days of receipt of the
request.
C. Whenever a food service establishment is required under the provisions
of § 342 to cease operations, it shall not resume operations until it is has
shown on reinspection that conditions responsible for the order to cease
operations no longer exist.
Opportunity for reinspection shall be offered
within a reasonable time.

History
CMY–28–86, May 2, 1986.
§ 343. Inspection report Form 300.3 [See note below]
History
Note.

See Appendix B, CMY–28–86, May 2, 1986.

§ 344. Examination and condemnation of food—General
Food may be examined or sampled by the Health Advisor as often as
necessary for enforcement of this Code. The Health Advisor may, upon written
notice to the owner or person in charge, specifying with particularity the
reasons therefore, place a hold order on any food which it believes is in
violation of §§ 31, 32, or any other Section of this Code. The Health Advisor
shall tag, label, or otherwise identify any food subject to the hold order. No
food subject to a hold order shall be used, served, or moved from the
establishment.
The Health Advisor shall permit storage of the food under
conditions specified in the hold order, unless storage is not possible without
risk to the public health, in which case immediate destruction shall be ordered
and accomplished. The hold order shall state that a request for hearing may be
filed within 10 days and that if no hearing is requested the food shall be
destroyed.
If a request for hearing is received, the hearing shall be held
within 10 days after receipt of the request. On the basis of evidence produced
at that hearing, the hold order may be vacated, or the owner or person in
charge of the food may be directed by written order to denature or destroy such
food or to bring it into compliance with the provisions of this Code.
History
CMY–28–86, May 2, 1986.
§ 345. Review of plans—Submission of plans
Whenever a food service establishment is constructed or extensively
remodeled and whenever an existing structure is converted to use as a food
service establishment, properly prepared plans and specifications for such
construction, remodeling, or conversion shall be submitted to the Health
Advisor for review and approval before construction, remodeling or conversion
is begun.
The plans and specifications shall indicate the proposed layout,
arrangement, mechanical plans, and construction materials of work areas, and
the type and model of proposed fixed equipment and facilities.
The Health
Advisor shall approve the plans and specifications if they meet the
requirements of this Code. No food service establishment shall be constructed,
extensively remodeled, or converted except in accordance with plans and
specifications approved by the Health Advisor.
History
CMY–28–86, May 2, 1986.
§ 346. Pre-operational inspection

Whenever plans and specifications are required by § 345 of this Code to
be submitted to the Health Advisor, the Regulatory Authority shall inspect the
food service establishment prior to the start of operations, to determine
compliance with the approved plans and specifications and with the requirements
of this Code.
History
CMY–28–86, May 2, 1986.
§ 347. Procedure when infection is suspected—General
When the Health Advisor has reasonable cause to suspect possible disease
transmission by an employee of a food service establishment, it may secure a
morbidity history of the suspected employee or make any other investigation as
indicated and shall take appropriate action.
All investigations shall be
conducted in compliance with the provisions of the Privacy Act, and information
collected will only be used for epidemiological purposes. The Health Advisor
may require any or all of the following measures:
A. The immediate
service establishments;

exclusion

of

the

employee

from

employment

in

food

B. The immediate closing of the food service establishment concerned
until, in the opinion of the Health Advisor, no further danger of disease
outbreak exists;
C. Restriction of the employee's services to some area of the
establishment where there would be no danger of transmitting disease; and/or
D. Adequate medical and laboratory examination of the employee and of
other employees and of his/her and their body discharges.
History
CMY–28–86, May 2, 1986.
§ 348. Remedies–Penalties
A. The Regulatory Authority shall execute and enforce the provisions of
this Act and in that enforcement is vested with all powers relating to
inspecting, sampling, condemnation and embargoing of hazardous substances
granted to it with respect to this Code.
B. If any person shall violate directly or indirectly, through his
officers or employees, any of the provisions of this Act, or regulations
promulgated thereunder, the Regulatory Authority may order the correction of
the violation within such reasonable period of time as the commissioner may
prescribe. Such order shall be complied within the time specified.
C. Any person violating any of the provisions of this Act or orders of
regulations promulgated thereunder shall be liable to a penalty of not less
than twenty-five dollars ($25.00) nor more than two hundred fifty dollars

($250.00), and for the second and each succeeding violation, double that of the
proceeding infraction, to be collected in a civil action by the Regulatory
Authority and deposited in the Navajo Nation General Funds account. Where the
violation is of a continuing nature, each day during which it continues, after
the date given by which the violation must be eliminated in the order by the
Regulatory Authority, shall constitute an additional, separate and distinct
offense, except during the time an appeal from said order may be taken or is
pending.
D. The Regulatory Authority is hereby authorized and empowered to
compromise and settle any claim for a penalty under the Section in such amount
in the discretion of the Regulatory Authority as may appear appropriate and
equitable under all of the circumstances.
E. Payment of a penalty for any violation of this Act or regulations
promulgated thereunder either or after the institution of proceedings for the
collection thereof shall be deemed equivalent to a concession of the violation
for which such penalty was claimed.
History
CMY–28–86, May 2, 1986.
§ 349. Injunctions
The Health Advisor may seek to enjoin violations of this Code.
History
CMY–28–86, May 2, 1986.

Chapter 2. Civil Tobacco Liability Enforcement and Recovery Act
§ 401. Short title
This Act shall be known and designated as the "Civil Tobacco Liability
Enforcement and Recovery Act."
History
CJY–80–99, July 23, 1999.
§ 402. Findings and purpose
A. Tobacco use leads to disease and death and has created an epidemic of
tragic proportions. More than 400,000 deaths per year in the United States are
tobacco-related.
Tobacco causes more deaths than AIDS, homicide, suicide,
automotive accidents, and alcohol and drug use combined.
B. According to the United States Surgeon General, Native Americans have
"substantially higher" smoking rates than any other group in the general United
States population. Data compiled by the National Center for Health Statistics
shows that the overall prevalence of cigarette smoking among American Indians

and Alaska Natives was forty-eight and two-tenths percent (48.2%) in 1978 and
thirty-nine and two-tenths percent (39.2%) in 1994–5.
C. Smoking rates of Native American minors are significantly higher than
the smoking rates of all other groups of minors in the United States.
According
to
the
United
States
Surgeon
General,
the
prevalence
of
previous-month cigarette smoking during 1990–94 was thirty-nine and four-tenths
percent (39.4%) among American Indian and Alaska Native females and forty-one
and one-tenth percent (41.1%) among males. A 1992 survey of Navajo and Pueblo
school children found that thirty and six-tenths percent (30.6%) of fifth
graders and sixty and four-tenths percent (60.4%) of seventh graders had tried
smoking.
Approximately seventy percent (70%) of all adult smokers start
smoking before the age of 18.
D. The use of tobacco is unique among all consumer products sold in the
Navajo Nation.
It is the only product which, when used as the manufacturer
intends, will lead to disease and/or death.
E. Tobacco use in the Navajo Nation has resulted in a health care crisis.
In conjunction with the United States government, the Navajo Nation provides
medical assistance to tribal members. In responding to the health care crisis
resulting from tobacco use, the Navajo Nation has paid millions of dollars each
year, including payments funded by the Indian Health Care Improvement Act, 25
U.S.C. § 1601, et seq., to treat the tobacco-related illnesses of tribal
members.
F. In addition to the health care costs arising from tobacco-related
illnesses, tobacco use imposes incalculable additional costs on the Navajo
Nation. These costs include, but are not limited to, the income that would be
generated by those tribal members who suffer debilitating illness or death at
the hands of tobacco and the costs of caring for dependents or such tribal
members.
G. It is a policy of the Navajo Nation, as well as that of the United
States pursuant to the Indian Health Care Improvement Act,1 to raise the health
status of tribal members to the highest possible level and to reduce the
prevalence and incidence of preventable illnesses among, and unnecessary and
premature deaths of, tribal members.
H. It is the intent of the Navajo Nation and the Indian Health Care
Improvement Act1 that the Navajo Nation recover the costs of providing health
care services from third parties held liable for such costs. It is intended
that the Navajo Nation shall recover from a liable tobacco manufacturer the
costs of treating the tobacco-related illnesses of tribal members.
I. In order to protect the health of tribal members, it is also a policy
of the Navajo Nation to prevent restraints of trade, and unfair, deceptive,
fraudulent and unconscionable acts or practices committed in the sale of
tobacco products.
J. This Act shall be liberally construed so that its beneficial purposes
may be served.
History

CJY–80–99, July 23, 1999.
§ 403. Definitions
A. "Tribal member" means any member of the Navajo Nation.
B. "Tobacco" means any tobacco product, including but not limited to
loose tobacco suitable for smoking, snuff flour, cavendish, plug and twist
tobacco, fine cut and other kinds and forms of tobacco suitable for chewing and
smoking, including cigars and cigarettes.
C. "Tobacco manufacturer" means any person engaged in the process of
designing, fabricating, assembling, producing, constructing or otherwise
preparing a product containing tobacco, including any packaging or labeling or
repacking or relabeling of such product, with the intention of selling the
product for gain or profit. "Tobacco manufacturer" does not include persons
whose activity is limited to growing natural leaf tobacco or to selling tobacco
products at wholesale or retail to consumers;
provided that this term shall
not be interpreted to mean any person that engages in the defined activities in
furtherance of a religious practice, e.g. Navajo Mountain tobacco.
D. "Liable tobacco manufacturer" means a tobacco manufacturer having an
obligation under this Act, or otherwise by law, to pay all or any portion of
the medical expense incurred by the Navajo Nation to treat the tobacco-related
illnesses of tribal members.
The obligation is not discharged by virtue of
being undiscovered or undeveloped at the time assistance is provided.
Liability includes a finding of legal liability by a court of law.
E. A "restraint of trade" means a contract, combination, or conspiracy
between two or more persons in restraint of trade or commerce.
It is a
restraint of trade hereunder to agree not to research, develop, manufacture or
sell less harmful tobacco products, or to advertise tobacco based on
comparative health claims.
F. An "unfair" act or practice is one which:
1. Offends public policy as defined by statute or common law;
2. Is immoral, unethical, oppressive or unscrupulous;
3. Causes substantial injury to consumers;

or

4. A reasonable person would conclude was designed to encourage or
does encourage persons under the age of 18 to use tobacco products.
G. A "deceptive" act or practice is one which has the tendency or
capacity to deceive concerning a material fact which a person could be expected
to consider in determining whether to commence or continue using tobacco
products or a particular brand or type of tobacco product, whether or not any
person has in fact been misled, deceived or damaged thereby. It includes the
use or employment of any deception, fraud, false pretense, false promise,
misrepresentation or the concealment, suppression or omission of any material
fact.
Actual reliance by a person is not required.
Nor is it necessary to

prove intent to deceive.
In evaluating representations and omissions
hereunder, the test is whether the act or practice has the tendency or capacity
to deceive or mislead the least sophisticated consumer.
The technical
correctness of a representation is irrelevant if the capacity to deceive or
mislead is found.
H. "Unconscionable acts or practices" include, without limitation:
1. Withholding, suppressing or altering information concerning the
deleterious health effects of tobacco products in any manner which
deprives consumers or governmental authorities of such information;
2. Making insupportable, bad-faith claims of attorney client
privilege or work product protection in order to suppress information
about the adverse health effects of tobacco;
3. Deliberately enhancing the addictive qualities of tobacco
products through such means as increasing the bioavailability of nicotine
in tobacco smoke and breeding or selecting strains of tobacco plants that
have unusually high nicotine content;
4. Designing ventilation holes and other technology to provide the
smoker with higher levels of "tar" and nicotine than those documented in
F.T.C. tests; and
5. Not informing "low tar" or "light" smokers of the proper manner
in which to smoke those products in order to obtain the lower "tar" and
nicotine levels advertised by the tobacco manufacturers.
I.
"Person"
shall
include,
where
applicable,
corporations, trusts, unincorporated associations and
governmental entities.

natural
persons,
partnerships, and

J. "Caused" as used in § 404(B)(3) of this Act means that the tobacco
product was a material element and a substantial factor in bringing about the
health conditions and includes both direct and indirect effects.
K. "Unit" as used in this Act means a pack of cigarettes or a package of
smokeless tobacco.
History
CJY–80–99, July 23, 1999.
§ 404. Liability for tobacco-related illnesses
A. After the Navajo Nation has provided medical assistance to tribal
members for tobacco-related illness under any program, it may recover from
tobacco manufacturers the amount paid or likely to be paid for medical
assistance to such persons, plus civil penalties, costs, reasonable attorneys'
fees and other appropriate relief.
B. In order to recover under Subsection (A) of this Section, the Navajo
Nation shall prove:

1. That a tobacco manufacturer, in the research, design,
manufacture, distribution, marketing or sale of a tobacco product, did
one or more of the following:
a. Conspired to restrain trade or engage in restraints of
trade;
b. Committed an unfair or deceptive act or practice;
c. Committed an unconscionable act or practice;
d. Was negligent or produced a defective product unreasonably
dangerous to the user or consumer who received or will receive medical
assistance; or
e. Violated any other duties owed under the law of the Navajo
Nation.
2. That the tobacco manufacturer's perpetration of any such act as
enumerated in Subsection (B)(1) was a factor in tribal members' use of
unreasonably unsafe tobacco products.
3. That the tobacco products caused the health conditions for which
the Nation seeks reimbursement; and
4. The amount of compensatory damages and the appropriateness of
any other relief sought.
History
CJY–80–99, July 23, 1999.
§ 405. Independent, non-exclusive remedy;

Preservation of causes of action

A. The right of the Navajo Nation to a cause of action against a tobacco
manufacturer hereunder shall be independent of and not construed to affect any
rights or causes of action by an individual tribal member to recover damages or
other relief as a result of tobacco-related illness.
In the event that
recovery of health care expenditures had been achieved hereunder, and the
individual tribal
member thereafter recovers damages from a tobacco
manufacturer, then the tobacco manufacturer shall be entitled to a setoff for
the amount of any such recovery which represents the expenditure on behalf of
the individual tribal member.
B. Existing common law and statutory actions available to recover health
care expenditures from a tobacco manufacturer, including direct action, are
expressly preserved. An action brought pursuant to this Act may be brought in
addition to any existing common law or statutory action, or both, and shall not
preempt, limit or extinguish those actions.
History
CJY–80–99, July 23, 1999.

§ 406. Abrogation of certain defenses
A. Principles of common law and equity as to assignment, lien,
subrogation, comparative negligence, assumption of risk, and all other
affirmative defenses normally available to a tobacco manufacturer are to be
abrogated to allow full recovery from tobacco manufacturers. Such principles
shall not act to reduce the recovery of the Navajo Nation pursuant to this Act.
Common law theories of recovery shall be liberally construed to accomplish this
intent.
B. The defenses of statute of repose and statute of limitations shall not
apply to any action brought under this Act.
History
CJY–80–99, July 23, 1999.
§ 407. Joint and several liability;

Market share recovery

A. The concept of joint and several liability applies to any judgment on
behalf of the Navajo Nation under this Act.
B. In any action brought pursuant to this Act, the Navajo Nation shall be
allowed to proceed under a market share theory, provided that the products
involved are substantially interchangeable among brands, and that substantially
similar factual and legal issues would be involved in seeking recovery against
each tobacco manufacturer individually. In the event the Navajo Nation elects
to proceed under such a market share theory, the concept of joint and several
liability shall not apply.
History
CJY–80–99, July 23, 1999.
§ 408. Recovery in a single action;

Use of statistics

A. In the event that medical assistance has been provided by the Navajo
Nation to more than one tribal member, and the Nation elects to seek recovery
hereunder due to actions by tobacco manufacturers or circumstances which
involve common issues of fact or law, the Nation may bring an action to recover
sums paid on behalf of all such tribal members in one proceeding.
B. In any action brought under this Act wherein the number of tribal
members is so large as to cause it to be impracticable to join or identify each
claim, the Nation shall not be required to identify the individual for which
payment has been made, but rather can proceed to seek recovery based upon
payments made on behalf of all tribal members as a group.
C. The evidence code shall be liberally construed regarding issues of
causation and of aggregate damages, and causation and damages in any such
action may be proven by use of statistical analysis.
History

CJY–80–99, July 23, 1999.
§ 409. Civil penalties
Because the actual costs of tobacco use to the Navajo Nation are far
greater than the amounts which may be recovered under § 404(A) of this Act, and
in order to more fully remediate the deleterious effects of tobacco on the
health and welfare of the Navajo Nation, any tobacco manufacturer who violates
this Act by committing any of the actions set out in § 404(B)(1) of this Act,
shall pay civil penalties in the amount of:
A. Not more than three times the cost per unit of tobacco sold;

or

B. No more than five thousand dollars ($5,000) per advertisement where
such advertisement violates this Act; or
C. Not more than one hundred thousand dollars ($100,000) per unfair act
or practice as provided in Sections 404(B)(1)(b) and 403(F) of this Act.
History
CJY–80–99, July 23, 1999.
§ 410. Amount of awardable attorneys' fees
The Nation may recover attorneys' fees and costs if it prevails on any
claims against any or all of the defendants. The attorneys' fees recoverable
under this Act shall be in an amount representing a reasonable hourly rate per
hour of work expended plus a multiplier. The multiplier shall have a benchmark
of twenty percent (20%) of all amounts recovered hereunder, including damages
and civil penalties but not costs.
Deviation from the benchmark shall be
permitted only if a manifest injustice would occur.
History
CJY–80–99, July 23, 1999.
§ 411. Effective date
This Act, being deemed of immediate importance, takes effect upon
enactment, although recovery may be had hereunder for acts occurring prior to
the effective date.
History
CJY–80–99, July 23, 1999.
§ 412. Severability
In the event that any provision of this Ac

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Anavajo_nation%3A8fd8791bc3ec5f3b. Public record. Not legal advice.