Date: Mon, 10 Dec 2001 18:57:42 -0600 (CST)
From: Derek Moore <derekm@hackunix.org>
To: Katina Foster <hitbystars@yahoo.com>
Subject: Freedom for FNB.

Yo, Katina,

So, here's everything I've gathered up about the law the cops cited us as 
being in violation of.

First, we should probably type up a lil' statement to give to the cops the 
next time they harass an FNB thingy.  Here's a statement I've typed up, 
which I think is fitting:

"As outlined in Kansas City's 1999 Food Code as established in the Code of
Ordinances Chapter 30, Section 30-71, Food Not Bombs is NOT a 'food
establishment,' in accordance with sections 1-201.10(B)(31)(c)(iv) and
1-201.10(B)(31)(c)(v), and is therefore not in violation of any ordinances
particular to 'food service establishments' as set forth in the Code of
Ordinances Chapter 30, Sections 30-71 through 30-79."

Now, here's the rationale behind that statement...

First, I got my information from these two sites:

Kansas City Code of Ordinances
http://fws.municode.com/CGI-BIN/om_isapi.dll?infobase=10156.NFO&softpage=Browse_Frame_Pg42

1999 Food Code (which Kansas City has adopted [see Sec. 30-71])
http://www.cfsan.fda.gov/~dms/foodcode.html

The cops cited us as follows (this is exactly what the piece of paper they
handed me said):

<BEGIN CITATION THINGY>
"Did operate without issuance of permit by KCMO Health Dept."

Violation Chapter 30 section 30-71 -> 30-78

penalty sec. 30-74
<END CITATION THINGY>

Chapter 30, Section 30-71, established the 1999 Food Code "for regulating
the design, construction, management and operation of food establishments,
and providing for plans submission and approval and the issuance of
permits and collection of fees therefore."

And in the 1999 Food Code, "food establishments" are defined in Section 
1-201.10(B)(31), and Subparagraph (c) of that Section says:

"(c) 'Food establishment' does not include: ... (iv) A kitchen in a
private home if only food that is not potentially hazardous is prepared
for sale or service at a function such as a religious or charitable
organization's bake sale if allowed by law and if the consumer is informed
by a clearly visible placard at the sales or service location that the
food is prepared in a kitchen that is not subject to regulation and
inspection by the regulatory authority; (v) An area where food that is
prepared as specified in Subparagraph (c)(iv) of this definition is sold
or offered for human consumption..."

So...  There we have it.  Neither Food Not Bombs, nor the kitchen the food
is prepared in, nor the park in which the food is served is subject to
regulation by the Kansas City Health Department.

Next time FNB serves, regardless of where FNB serves, there needs to be a
sign that says, "the food being served is prepared in a kitchen that is
not subject to regulation and inspection by the regulatory authority."

The "authorities" don't need to know that some (or even all) of the food
is prepared in a church kitchen, and if we wanna use this defense, we
should probably keep that information on the downlow...

Also, all the stuff the cops said about moving off of public property onto
private property and then not having to worry about Health Department
permits is complete bullshit.  Even if FNB served on the front steps of
that church, the cops could come back and still say, "You're in violation
of Chapter 30 section 30-71, stop serving food and take all this crap
inside."  And then if FNB started serving food inside, the police could
come back and knock on the door and say, "You're in violation of Chapter
30 section 30-71, stop serving food or get arrested."

Chapter 30 section 30-71 and the 1999 Food Code makes no distinction
between public and private property.

Also, I looked into the issue of FNB operating at a public park (like the
war memorial where it's been traditionally held).  The only restrictions I
could find about the use of public parks was in Section 64-208, titled
"Playing games in parks or streets; crossing grass plots."  As FNB is not
a game, I think we're in the clear when it comes to serving food in a
public park.

So there we have it...  FNB should be able to continue, and should be able
to serve at whichever public park it chooses.  And the whole thing about
FNB being safe if it moves onto private property is superfluous and
complete bullshit.  Moving FNB solves nothing.

... And of course, that's to say nothing about the Good Samaritan Food
Donation Act.  By the way, Missouri doesn't have very complete "Good
Samaritan" laws, but that Model Act that you have a copy of is a federal
act, and it was meant to provide at the very minimum the things it
outlined to all states that don't have such laws on the books.  So that
act does apply in Missouri, and every other state.  Also, the main
proponent of that act was a Republican Congressman from Missouri.

Okay, I'm done now,

Derek

#!/usr/bin/perl -w
@sig = ( "Derek Paul Moore [jZ]",
         "derekm [at] hackunix [dot] org",
         "I don't do Microsoft.",
         "I started with nothing \& I still have most of it left." );
foreach $i (@sig) { print("$i\n"); }