an awful lot of scars on my back from having made promises which I wasn't able to keep in coming up with something within a required. deadline. I have a similar problem in the air pollution at the moment. Mr. WYDLER. I would be surprised if you could get this in 3 months, frankly. Mr. HOPE. We have a little bit of headstart on it. Mr. WYDLER. Are you using the Department of Agriculture's proposed regulations as your starting point? Mr. HOPE. Yes, sir; and we will use their same standards of identity. Mr. ROBINSON. Mr. Chairman. Mr. RANDALL. Yes. י ! Mr. ROBINSON. I have one other area I would like to pursue if there is time. 1 Mr. ROBINSON. That has to do with the Farmers' Market, the District of Columbia market Mr. HOPE. In the Northeast area; yes, sir. Mr. ROBINSON. Are you in a position to react to the situation out there as it applies to this particular inquiry? Are there problems that exist there that you believe should be corrected, and if so, what are they? I inquire as a matter of specific interest because I have constituents who use that market and they are interested, of course, in what the future of it will be. Mr. HOPE. Yes; we are concerned with certain matters of sanitation that exist within that particular facility, and, of course, it gets us into a difficult position in that we are dealing with the licensees in large measure who in many cases don't have the responsibility for the facility in which they are renting space. This leads to some confusionas to just whom we should bring pressure to bear against in order to effect the necessary improvements. Now there are a number of things that we think should be looked at. We have been assured by the management, Messrs. Cohen and Meisel, that they are looking into it. They have effected certain improvements at this point in time. There are other things that need to be done. This relates primarily, in my opinion, to a problem of drainage, where the total area, as you know, drains to a trench drain on one end of the building and is then conducted away to the sewer. There is some question regarding the adequacy of hot water for cleanup purposes. We are not too happy about the availability of toilet facilities for the number of people who are using that particular establishment. The matter of refuse and waste disposal has been something that has given us considerable concern. They have an inadequate incinerator, which I understand is now being replaced with a compacter which will eliminate that problem. And there are various other housekeeping items that need to be taken care of. Mr. ROBINSON. To what extent does this same attitude pertain to the open private space at Wisconsin Avenue and Grace Street NW. that is also used as a sort of informal farmers' market? Are you prepared to react to that? Mr. HOPE. You, pose a very difficult question, sir. The health regulations would apply equally in both eases.udabi I Mr. ROBINSON. Well, could you provide for us a reaction to it have had a chance to examine the situation? after you Mr. HOPE. Very good, sir. Mr. ROBINSON. Since you are evidently not prepared to do so at the moment. Mr. HOPE. You are very courteous. Yes, sir. (The information referred to follows:) STATEMENT OF DEPARTMENTAL ATTITUDE TOWARD THE MARKET AT 3206 GRACE STREET NW., IN COMPARISON TO THAT RELATING TO THE MARKET AT 1309 FIFTH STREET NE. The regulations are equally applicable to the two operations but the chargeable party for enforcement procedures varies because of the organizational structure. The Grace Street market operates under a single license and the licensee is responsible for compliance at all stands in the market. In contrast, individual stands are licensed at the 5th Street market and each licensee is responsible for his individual stand. The situation here is further complicated by the use of a common cooler, toilet, trash, and other areas which are at least partly the obliga tion of the landlord-owner. Records indicate that compliance at the Grace Street market is at a higher level than at the Fifth Street market. Mr. ROBINSON. One other point. It is my recollection there is still on the books a statutory directive to the District of Columbia to restore the publicly owned building on M Street in Georgetown known as the Old Georgetown Market and make it available for market use such as the other market is used. Do you have any information as to the status of this? Mr. HOPE. No, sir; I don't Mr. ROBINSON. Would you also provide us with any information you might be able to gather on that? Mr. HOPE. Very good, sir. (The information referred to follows:) GOVERNMENT OF THE DISTRICT OF COLUMBIA, To: Acting Chief, Bureau of Food and Drugs, Health Services Administration. This is in reply to your memorandum dated August 11, 1971, regarding the present status of the Old Georgetown Market. The history of this market takes up two files in our office and represents many communications involving the use of the property. Included in this information is a copy of a Corporation Counsel's opinion addressed to the Commissioners of the District of Columbia stating that during an early attempt to convey this property, the title company reported a cloud on its title due to an alleged covenant in one of the original deeds of conveyance of 1802, which required that this site be forever used as a market and for no other purpose. Due to the inability of the title company to issue a certificate of good title in the District of Columbia, the property has been rented for non market purposes to an auto parts distributor to obtain adverse possession against the possibility of reverter. Our files contain a lease agreement dated January 8, 1946, for 1 year and thereafter on a month to month tenancy until terminated and the auto parts distributor still occupies the property on this basis. Also contained in our files is a title binder from the District Realty Title Co. indicating, that the District now has fee simple ownership in this property. The files also contain recent correspondence from Mr. Robert B. Norris of the law firm of Bolton and Norris, requesting that the property be leased to his clients who will use the market as a first class restaurant, specialty market, and a "living museum" of the history of the Chesapeake and Ohio Canal. Mr. Norris proposes extensive renovations to the structure at his client's expense upon receipt of a definite commitment from the District. ร On June 23, 1971, the Corporation Counsel informally indicated that Public Law 89-600, September 21, 1966, which declares this property to be a historic landmark to be maintained and operated by the District as a public market and a museum to be operated by the Secretary of the Interior in connection with the Chesapeake and Ohio Canal, would prohibit its use as proposed by Mr. Norris. Subsequently, by memorandum dated July 16, 1971, this office recommended to the Director of General Services that legislation be submitted to the Congress authorizing the property to be used for restaurant as well as market and museum purposes as spelled out in the aforementioned act. In summary, the Old Georgetown Market is currently titled in the District of Columbia and we are awaiting further instructions, from the Director of General Services with regard to its further use. Mr. RUTLEDGE. Mr. Chairman, on the two latter questions it may be Mr. Dugas of the Department of Economic Development that could be of assistance. Mr. RANDALL. It occurs to us he is the proper witness on the markets. Of course, you are helpful and the questions were quite appropriate. I believe we have passed a point of, shall we say, no return here on being able to reach Mr. Dugas prior to the noon recess. The staff has spent a lot of time, done a lot of work on this, and it is certainly proper that they be given an opportunity to inquire. I will ask our staff director, Mr. Stewart, if he has a question. Mr. STEWART. First Mrs. Abzug indicated her desire to ask another question. Mr. RANDALL. I'm sorry. Mrs. Abzug.. Mrs. ABZUG. Would you be able to provide for our record at this time the standards that you go by some tabulation of the inspections, the "score card" you have referred to, and any future regulations that you may intend to promulgate? That would be useful for us to have, and I would like to ask unanimous consent, Mr. Chairman, that that be provided for the committee's information so that it can look to the record for these facts. Mr. RANDALL. Without objection, so ordered, Mrs. ABZUG. Thank you. (The information referred to follows:) DISTRICT OF COLUMBIA REGULATIONS TITLE & HEALTH REGULATIONS AMENDMENT 9 (Including all amendments and changes from August 22, 1967) Commissioners' Order No. 67-1303, dated August 22, 1967 ordered that pursuant to the authority contained in Joint Resolution No. 21, approved February 28, 1899 (30 Stat. 1390; D.C. Code, sec. 6-114), the Health Regulation known as "An Ordinance to prevent the sale of unwholesome food in the cities of Washington and Georgetown," as amended, is hereby amended in its entirety, and pursuant to the authority contained in section 4 of the Act of Congress approved December 16, 1941 (55 Stat. 808; D.C. Code, sec. 23-3419), and section 4 of the Act of Congress approved February 17, 1898 (30 Stat. 247; D.C. Code, sec. 33-104), the following General Food Regulations are hereby adopted and promulgated, effective on and after September 15, 1967: CHAPTER 6. IMPORTATION, PREPARATION, PRODUCTION, PROCESSING, TRANS- PORTATION, SERVICE, STORAGE OR SALE OF FOOD FOR PUBlic or PrivatE (c) Prohibited containers, utensils or other food contact surfaces. (d) Identification of contents of containers. 8-6:109 Personnel engaged in a food operation. 8-6:110 Sanitary design, construction and installation of equipment and utensils. TITLE 8-HEALTH REGULATIONS CHAPTER 6. IMPORTATION, PREPARATION, PRODUCTION, PROCESSING, TRANSPORTATION, SERVICE, STORAGE FOR SALE OF FOOD FOR PUBLIC OR PRIVATE CONSUMPTION The purpose of this part is to protect the public health by establishing safeguards for the control of food and the prevention of the public or private consumption of unwholesome adulterated, or otherwise unfit food. (b) Scope This part is applicable to the importation, preparation, processing, production, transportation, service, storage, or sale of food for public or private consumption in the District and its provisions are in addition to the other regulations in this chapter which are applicable to specific food operations and are supplemental to all other applicable District of Columbia regulations. Each person who conducts a food operation shall comply with those portions of this part that are applicable to his food operation: Provided, That it shall not apply to the food prepared, processed, or stored in a private home by a member or members of the household for the benefit of the household or the nonpaying guest of the household. 8-6:102 DEFINITIONS (a) When used in this part: "Adulterated food" means any food to which it is determined that any of the following circumstances apply: (1) It bears or contains any poisonous or deleterious substance which renders it reasonably likely to be injurious to health: Provided, That if such poisonous, or deleterious substance is a food additive, color additive or pesticide chemical as the terms are used in title 21, U.S. Code, 1964 ed., such food shall not be deemed to be adulterated when the quantity of such food additive, color additive, or pesticide chemical is in compliance with the applicable provisions of title 21, parts 120 and 121 of the Code of Federal Regulations: And provided further, That if such poisonous or deleterious substance is not a food additive, color additive, or pesticide chemical, such food shall not be deemed to be adulterated when the quantity of such poisonous or deleterious substance which it contains is not reasonably likely to be injurious to health; (2) Any substance has been substituted in whole or in part therefor; (4) Any essential constituent thereof has been in whole or in substantial part omitted or abstracted therefrom; or (5) Any substance has been added thereto, or mixed therewith, so as to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is. "Container" means the package, wrapper, or other receptacle in which food may be placed and includes, but is not limited to, any cup, mug, glass, jar, can, bottle, box, or bag. Director.-Means the Director of Public Health of the District of Columbia or his agent. District.-Means the territorial area known as the District of Columbia or the municipal government of the District of Columbia, as the context requires. Food-Means any article used for consumption by a human being or by an animal. Food contact surface.—Means any surface, which may be, or which may come, in direct contact with food, or any surface with which food may come in contact and which drains onto a surface normally in contact with food. Food establishment.-Means any part, or parts, of any premises, building, or vehicle used in the conduct of a food operation. Food operation. Means any activity involved in the importation, preparation, processing, transportation, service, storage or sale of food for public or private consumption, except the activity performed by a member of a household in providing, preparing or serving food for a member or members of the household or for a nonpaying guest of the household. 67-558-71—pt. 1- -3 |