As used in this article, the following terms
shall have the meanings indicated:
The condition of a food or drink if:
It bears or contains any poisonous or deleterious
substance in a quantity which may render it injurious to health.
It bears or contains any added poisonous or
deleterious substance for which no safe tolerance has been established
by regulation, or in excess of such tolerance if one has been established.
It consists in part or in whole of any filthy,
putrid or decomposed substance, or if it is otherwise unfit for human
consumption.
It has been processed, prepared, packaged or
held under insanitary conditions whereby it may have become contaminated
with filth or whereby it may have been rendered injurious to health.
It is in whole or in part the product of a diseased
animal or an animal which has died otherwise than by slaughter.
Its container is composed in whole or in part
of any poisonous or deleterious substance which renders the contents
injurious to health.
Any person who handles food or drink, as defined in § 302-3, during preparation or serving or who comes in contact with any eating or cooking utensils, or who is employed in a room where food or drink is prepared or served. This shall include the proprietor or any member of the proprietor's family who handles food and drink.
One operating for a temporary period in connection with a
fair, carnival, circus, public exhibition or other similar gathering.
The permission granted to a licensee to conduct a public
eating and drinking place.
The Board of Health of the Borough of Bridgeport.
Any food of such type or in such condition as may spoil.
Any perishable food which consists, in whole or in part,
of milk or milk products, eggs, meat, poultry, fish, shellfish or
other ingredients capable of supporting rapid and progressive growth
of infectious or toxicogenic microorganisms.
Any person, partnership, association or corporation conducting
or operating within the limits of the Borough a public eating or drinking
place.
Restaurant; coffee shop; cafeteria; short-order cafe; luncheonette;
tavern; sandwich shop; soda fountain; private club; hospital kitchen,
dining room or snack bar; industrial plant kitchen, dining room, cafeteria
or snack bar; school lunchroom or cafeteria; or any other place where
food, drinks or refreshments are sold or prepared and sold to be consumed
on the premises; provided, however, that this definition shall not
be interpreted to include boardinghouses or private homes.
As applied to potentially hazardous food, temperatures of
45° F. or below and of 140° F. or above.
A.
It shall be unlawful for any person to operate a public
eating and drinking place in the Borough who does not possess a license
from this Board. The annual fee for such a license shall be as determined
by Borough Council by resolution. Licenses shall be granted for the
period of one fiscal year from January 1 to December 31. Such license
shall be conspicuously displayed at all times in the place thereby
licensed and shall not be transferable. Application for renewal of
a license shall be made at least one month before the expiration of
the existing license.
[Amended 1-12-1982 by Ord. No. 466, approved 1-12-1982; 5-12-1998 by Ord. No.
98-558, approved 5-12-1998]
(1)
Such license may be suspended by the Board or revoked,
after an opportunity for a hearing by this Board, upon the violation
by the holder of any of the terms of this chapter.
(2)
A license will not be issued until the Health Officer
has inspected and approved the establishment. Where food is processed
outside the Borough and sold in a public eating and drinking place
within the Borough, written permission for the Health Officer to inspect
such establishment shall be secured by the applicant.
B.
Each applicant for a license for a public eating and
drinking place shall, at the time he makes his initial application,
pay an inspection fee in an amount to be determined by Borough Council
by resolution. The payment of an inspection fee at the time of renewal
of a previously issued license is not required.
[Amended 1-12-1998 by Ord. No. 466, approved 1-12-1982; 5-12-1998 by Ord. No. 98-558, approved 5-12-1998[2]]
[2]
Editor's Note: This ordinance also repealed
former Subsection C, which immediately followed this subsection.
[1]
Editor's Note: The current fees resolution
of the Borough is on file in the office of the Borough Secretary.
A.
No person while affected with any disease in a communicable
form or while a carrier of such disease or while afflicted with boils,
infected wounds, sores or an acute respiratory infection shall work
in any area of a food service establishment in any capacity in which
there is a likelihood of such person contaminating food or surfaces
which contact food with pathogenic organisms or transmitting disease
to other individuals. No person known to be or suspected of being
affected with any such disease or condition shall be employed in such
an area or capacity.
(1)
The Health Officer shall have full power and authority
at any time to require such examinations and tests as may be necessary
to determine whether any food handler has a disease in a communicable
form or is a carrier of a communicable disease. It shall be the duty
of all food handlers and drink handlers to submit to such examinations
at the request of the Health Officer, and any food or drink handler
who shall refuse to submit to such examination shall not be employed
or continued as a food or drink handler in any public eating and drinking
place in the Borough.
B.
Notification of disease: Notice shall be sent to the
Health Officer immediately by the proprietor or by the employee concerned
if he or any employee contracts any infectious, contagious or communicable
disease, a skin eruption, a cough lasting more than three weeks or
any other suspicious symptoms. It shall be the duty of any such employee
to notify the proprietor immediately when any of the said conditions
exist, and if neither the proprietor nor the employee concerned notifies
the Health Officer immediately when any of the said conditions exist,
they shall be jointly and severally guilty of violating this subsection.
Any employee who has been absent from work because of illness for
a period of more than two weeks shall be required to present a certificate
of health, signed by a licensed physician, to the Health Officer before
he can be reemployed.
C.
Procedure when infection is suspected: When suspicion
arises as to the possibility of transmission of infection from any
employee, the Health Officer is authorized to require any or all of
the following measures:
(1)
The immediate exclusion of the employee.
(2)
The immediate closing of the public eating and drinking
place concerned until no further danger of disease exists in the opinion
of the Health Officer.
(3)
The adequate medical examinations of the employee
and his associates with such laboratory examinations as may be needed.
D.
All persons engaged in the preparation, handling,
servicing, selling or dispensing of unwrapped or unpackaged food,
foodstuffs or drink intended for consumption by the public shall file
with the Board evidence that such persons are not suffering from active
pulmonary tuberculosis. Such evidence shall consist of a written statement
from a recognized physician attesting to the fact that such person
has a negative tuberculin reaction based on a test within the last
six months or a written certificate from a roentgenologist or from
any X-ray service approved by the Board that he has submitted to a
chest X-ray examination within the last year and that said examination
is negative for active pulmonary tuberculosis in a transmissible state.
A.
Unless otherwise specifically exempted from the requirements
of this section, no person shall undertake to remodel or alter any
existing building or portion thereof which is being used or is proposed
for use as a public eating and drinking place or shall undertake to
construct a new building which is to be used in whole or in part as
a public eating and drinking place without first having submitted
plans thereof in duplicate to the Health Officer for approval.
B.
Such plans shall be accompanied by data completely
describing the public eating and drinking place or the addition or
alteration proposed. If approved, one set of plans bearing such approval
in writing shall be returned to the applicant. If not approved, the
manner in which such plans do not meet the requirements of this chapter
shall be marked on both sets of plans, and one set of plans will be
returned to the applicant.
C.
The Health Officer shall be guided by the provisions
of this chapter affecting such construction, the proposed methods
of receiving and distributing perishable food or drink and any applicable
laws relating to the handling or processing of food or drink.
A.
Floors: The floors of all rooms in which food or drink
is prepared or stored or in which utensils are washed shall be smooth
and shall be kept clean and in good repair. In the case of all new
establishments, the floors of all rooms in which food or drink is
prepared or stored or in which utensils are washed shall be constructed
of a material impervious to water and shall be provided with a sanitary
base and with adequate and sufficient drains to permit cleaning. The
use of linoleum or similar floor coverings is prohibited in kitchens
and food preparation rooms.
B.
Walls and ceilings: Walls and ceilings of all rooms
in which food or drink is prepared, served or stored or in which utensils
are washed or stored shall be kept clean and in a sanitary condition.
The walls of all such rooms shall have a smooth, washable surface
and shall be finished in a light color. No paper or oilcloth coverings
are permitted on walls of kitchens and food preparation rooms. In
the case of all new establishments, all rooms in which food or drink
is prepared or served or in which utensils are washed shall have a
clear ceiling height of not less than seven feet.
C.
Construction of kitchens: The rooms in which food
is prepared shall be of adequate size and construction to permit easy
cleaning and the unhampered performance of all kitchen operations.
D.
Construction and location of utensils and equipment:
(1)
All eating and cooking utensils and all showcases
and display cases or windows, counters, shelves, tables, booths and
refrigerating and other equipment shall be of a sanitary design and
construction and so located as to be easily cleaned and shall be kept
clean and in sanitary condition. In new establishments or in establishments
where new installations of equipment are made, all equipment used
for the preparation, storing, handling or serving of food or drink
shall be equivalent to or in excess of that specified in the National
Sanitation Foundation Standards. Such equipment shall be spaced away
from walls and corners so as to permit access for cleaning. Thirty
inches of working space shall be required between all units of new
equipment, unless such equipment is movable. A minimum of 30 inches
of working space shall be provided between counters, back bars and
work tables, wherever located. No cooking unit of any kind shall be
permitted to be placed or located in any bay window. All new installations
of equipment shall be elevated at least six inches from the floor
on pear-shaped legs. Where equipment with a closed bottom without
air spaces is set on a masonry base, the top of the base shall be
waterproofed with mastic.
(2)
Plates, cups, saucers, dishes, crockery or chinaware
which are cracked, chipped or broken shall not be used to contain
food or drink.
(3)
In cases of all new construction, shelves shall be
constructed at least two inches from the wall unless tightly stripped
to eliminate cracks.
E.
Doors and windows: When flies are prevalent, all openings
into the outer air shall be effectively screened with not less than
sixteen-mesh wire. Doors shall be self-closing, unless other effective
means are provided to prevent the entrance of flies. All screen doors
shall open outward.
F.
Lighting: All rooms in which food or drink is prepared
or in which utensils are washed shall be well lighted with adequate
natural or artificial lighting sufficient to produce an intensity
of not less than 15 footcandles at 30 inches from the floor. In rooms
where food is stored, lighting shall be provided sufficient to produce
an intensity of not less than four footcandles at 30 inches from the
floor.
G.
Ventilation: All rooms in which food or drink is prepared
or served or in which utensils are washed shall be well ventilated.
There shall be openings to the outer air at least equal to 5% of the
floor area. In the case of artificial ventilation where food is prepared,
facilities must be provided for at least eight air changes per hour.
In no case shall recirculation of air be permitted. All rooms in which
food or drink is served shall be provided with at least five air changes
per hour and not more than 50% of recirculation shall be permitted.
All cooking units shall be hooded and vented to the outside air by
forced draft; provided, however, that the latter requirements shall
not apply to a simple bread toaster and to coffee urns.
H.
Toilet facilities:
(1)
All public eating and drinking places where male help
is employed shall be provided with separate toilet facilities for
each sex.
(2)
Toilet rooms shall not open directly into any room
in which food or drink is prepared or handled. An intervening vestibule
of at least three by three feet shall be provided. The doors of all
toilet rooms and vestibules shall be self-closing.
(3)
Toilet rooms shall be kept clean, in good repair,
well lighted and properly ventilated by exterior windows or mechanical
means. The walls and ceilings shall be of smooth washable surface
and shall be finished in a light color.
(4)
Hand-washing facilities with running hot and cold
water, sanitary towels and soap shall be in or adjacent to the toilet
room. The use of the common towel is prohibited. Hand-washing signs
shall be posted in each toilet room used by food handlers. No food
handler shall return to work after using the toilet without first
washing his hands.
(5)
The floor of all toilet rooms shall be constructed
so that the material and joints are impervious to water and shall
be provided with a sanitary base. The walls of all toilet rooms shall
be constructed of a material impervious to water to a height of four
feet; the remaining walls and ceilings shall be of a smooth washable
surface and shall be finished in a light color. The plumbing fixtures
shall be of the wall-hung type to facilitate easy cleaning.
(6)
In all new establishments or establishments where
alterations are made, the partitions in toilet rooms shall be of metal
and hung from the ceiling with a clearance of at least six inches
from the floor to the partition.
I.
Lavatory facilities: All kitchens, stands and counters
where food is prepared shall be equipped with or have adjacent thereto
separate hand-washing facilities, for the washing and cleansing of
the hands, equipped with running hot and cold water, soap and sanitary
towels.
J.
Water supply: Running hot and cold water under pressure of not less than 15 pounds per square inch shall be easily accessible to all rooms in which food is prepared or utensils washed and shall be adequate and of a safe, sanitary quality, as provided in § 302-15 of this chapter.
K.
Dish-washing facilities: In all public eating and
drinking places where dish washing is done by other than mechanical
means, no less than three-compartment sinks shall be provided and
equipped with running hot and cold water. There shall be a drain board
of a material impervious to moisture affixed to each end of the unit.
In new establishments or establishments where alterations are made,
each compartment of the sink shall be of a size not less than 18 inches
square by 16 inches deep. Each compartment for sinks in soda fountains
and bars shall be no less than 14 inches square by 10 inches deep.
Mechanical dish-washing machines shall be equipped to provide a minimum
water temperature of 130° F. All mechanical dishwashers shall
be equipped with two thermometers for recording the wash and sterilizing
temperatures. Prerinse or presoak facilities shall be provided for
either mechanical or manual dish washing.
L.
Cleaning and bacterial treatment of utensils and equipment:
All equipment, including display cases or windows, counters, shelves,
tables, refrigerators, stoves, hoods or sinks, shall be kept clean
and free from dust, dirt, insects and other sources of contamination.
All clothes used by waiters, chefs and other employees shall be kept
clean. All eating and drinking utensils, except single-service utensils,
shall be thoroughly cleaned and subjected to an approved bactericidal
process after each use and, at the time of service to the public,
be thoroughly clean and sterilized. All multiuse containers and utensils
used in the preparation, cooking and serving of food and drink shall
be thoroughly cleansed and subjected to an approved bactericidal process
immediately following the day's operation. Towel drying is not permitted.
(1)
Only such poisonous and toxic materials as are required
to maintain sanitary conditions and for sanitation purposes may be
used or stored in food service establishments. Poisonous and toxic
materials shall be identified and shall be used only in such manner
and under such conditions as will not contaminate food or constitute
a hazard to employees or customers.
M.
Storage and handling of utensils and equipment: After
cleansing and sterilizing, all utensils and equipment must be stored
above the level of the floor in a clean, dry place, protected from
flies, dust or other contamination, and no utensils shall be handled
except in such a manner as to prevent contamination. Single-service
utensils shall be purchased only in sanitary containers and shall
be stored therein in a clean, dry place until used and shall be handled
in a sanitary manner. Kitchens shall be used only for cooking and
for the storage of food products, kitchen, cooking or eating utensils
and equipment in use.
N.
Disposal of waste: All liquid waste resulting from
the cleansing and rinsing of utensils and floors and from flush toilets
and lavatories must be disposed of in a public sewer or, in the absence
of a public sewer, by methods approved by this Board. All plumbing
must comply with the provisions of Borough of Bridgeport plumbing
ordinances. All garbage must be stored in nonleaking metal containers
with tight-fitting lids or in an approved garbage storage room and
must be covered at all times. All other waste materials must be kept
free of garbage and stored in nonleaking metal containers with tight-fitting
lids or in an approved waste material storage room and be covered
at all times. Garbage and other waste materials must be removed from
the premises as often as necessary to prevent a nuisance and be disposed
of in a manner approved by this Board. All garbage and waste-material
receptacles must be washed when emptied and treated with a disinfectant
if necessary to prevent a nuisance. Adequate can-washing facilities
shall be provided.
O.
Refrigeration: All readily perishable food or drink
shall be kept at temperatures lower than 45° F., except when being
prepared or served. All refrigeration must be equipped with a recording
thermometer and maintained in a clean and sanitary condition. Wastewater
from refrigeration equipment shall be disposed of in accordance with
the Borough of Bridgeport Plumbing Code.[1]
P.
Food.
(1)
Food supplies: All food in food service establishments
shall be clean, wholesome, free from spoilage, free from adulteration
and misbranding and safe for human consumption. No hermetically-sealed,
nonacid or low-acid food which has been processed in a place other
than a commercial food-processing establishment shall be used.
(2)
Food protection: All food, while being stored, prepared,
displayed, served or sold at food service establishments or during
transportation between such establishments, shall be wholesome, free
from spoilage and protected from contamination. All perishable food
shall be stored at such temperatures as will protect against spoilage.
All potentially hazardous food shall be maintained at safe temperatures
(45° F. or below or 140° F. or above), except during necessary
periods of preparation and service. Raw fruits and vegetables shall
be washed before use. Stuffings, poultry, stuffed meats and poultry
and pork and pork products shall be thoroughly cooked before being
served. Individual portions of food, once served to the customer,
shall not be served again. The shells of shellfish cannot be reused
for service. All milk, ice cream and other frozen dairy products shall
be from sources approved by this Board. This requirement shall not
apply to cream which may be served from the original bottle or from
a dispenser approved by this Board. In the case of milk drinks, the
milk used shall include the entire contents of the original container.
(3)
No cream puffs, eclairs, napoleons, cream pies, cream-filled
layer cakes and similar products containing custard or whipped cream
shall be sold or stored unless kept in a storage compartment, the
maximum temperature of which is not greater than 45° F.
(4)
All oysters, clams and mussels shall be from approved
sources.
(5)
All ice shall be from an approved source.
Q.
Storage and display of food and drink: All food and drink shall be stored, handled, cooked, processed, prepared, displayed or dispensed as provided in § 302-31 hereof. Sugar served in all public eating and drinking places shall be dispensed from containers which provide protection against dirt, dust, other contamination and human handling at all times, except in the case of lump or packaged sugar which is individually wrapped.
R.
Cleanliness of food handlers: All food handlers shall
wear clean garments and shall keep their hands and fingernails clean
at all times when engaged in the handling of food, drink, utensils
or equipment. All females shall wear hairnets or other approved hair
restraint. All male employees shall wear caps while engaged in the
preparation of food. All food handlers who in any manner come in contact
with or handle food shall, before beginning work, thoroughly wash
their hands with soap and water. No employee shall use tobacco in
any form while engaged in the handling of food.
S.
Insect and rodent control: All persons engaged in
the operation of any public eating and drinking place shall be required
to take all necessary precautions to keep the premises free of rats
and vermin. In the case of rat or vermin infestation, operators shall
report such infestation to the Health Officer for the purpose of procuring
proper advice and instructions in order to eliminate the nuisance.
In the case of all new establishments, all rooms in which food and
drink are prepared, stored or served shall be of a ratproof construction.
A.
The premises of all public eating and drinking places
shall be kept clean and free of litter or rubbish.
B.
No sleeping facilities or domestic activities shall
be permitted in any room which is part of or which opens into any
room where food is prepared, stored or served or in which utensils
are washed or stored.
C.
Adequate facilities shall be provided for the orderly
storage of employees' clothing and personal belongings. Where employees
routinely change clothes within the establishment, one or more dressing
rooms or designated areas shall be provided for this purpose. Such
designated areas shall be located outside of the food preparation,
storage and serving areas, the multiuse, utensil-washing and storage
areas and toilet rooms.
D.
Soiled linens, coats and aprons shall be kept in verminproof
containers provided for this purpose.
E.
No public eating and drinking place shall be located
in any cellar, basement or other place below the natural surface of
the ground except with the written permission of this Board.
F.
Bulk ice cream cannot be dispensed unless running
water is provided next to the cabinet containing the ice cream. The
utensils used in dispensing bulk ice cream must be sterilized frequently,
washed by running water after each usage and kept dry when not in
use.
G.
No article, polish or other substance containing any
cyanide preparation or other poisonous materials shall be used for
the cleaning, disinfecting or polishing of utensils or containers
used in preparing or handling any food or drink.
H.
No substance containing any cyanide, fluoride, lindane
or other poison shall be kept or used as an insecticide or exterminator
in any place where food or drink is exposed during sale, preparation,
holding or handling or in such manner as to contaminate such food
or drink.
I.
No person shall bring or permit to be brought into
the dining room, kitchen or storeroom of any public eating or drinking
place any dog, cat or other animal. This subsection shall not apply
to a blind person led by a trained dog.
J.
Temporary food service establishments. An itinerant
public eating and drinking place shall comply with all provisions
of this regulation which are applicable to its operation, provided
that the Board may augment such requirements when needed to assure
the service of safe food, may prohibit the sale of certain potentially
hazardous food and may modify specific requirements for physical facilities
when, in its opinion, no imminent health hazard will result.
Any official representative of this Board in
the performance of any duty imposed by this chapter shall have full
access to any place, container or conveyance used in the production,
preparation, manufacture, packing, storage, transportation, handling,
distribution or sale of any food. He shall be entitled to make an
examination, open any package or container and take therefrom a sample
for analysis of any food manufactured, sold, exposed for sale or found
to be in possession of the proprietor in violation of any provisions
of this chapter.
A.
Every person who shall distribute or sell or offer
for distribution or sale or have in his possession any food shall,
on request and tender of the value by an official representative of
this Board, deliver as much thereof to such representative as may
be requested as a sample.
B.
If such request is not immediately complied with,
this Board or its official representative may demand and take as much
of the food as it may think necessary, tendering to the person in
charge what it deems to be its reasonable value.
C.
At no time shall a proprietor have in his possession,
either for sale or not for sale, any food which is unfit and is likely
to cause illness or transmit disease. When, in the opinion of this
Board or its official representative, such food exists, it shall be
ordered denatured, removed and disposed of. It shall be the duty of
the owner or person in charge of such substance to remove it immediately
and dispose of it at his own expense according to the direction of
this Board. In case the owner or person in charge shall fail to remove
immediately and dispose of such substance as ordered, the same shall
be caused to be denatured, removed and disposed of by this Board at
the expense of the owner or person in charge.
A.
Samples of food, drink, ingredients, containers or
any substance used in connection with the preparation of food or drink
may be taken by a duly authorized representative of this Board for
examination as often as may be deemed necessary for the detection
of an impure or insanitary condition. Any food or drink, or any substance
used in connection with the preparation of food or drink, sold, offered
for sale or kept may be condemned, removed or destroyed by or under
the direction of a duly authorized representative of this Board if,
in the judgment of such representative, such food, drink or substance
is adulterated, decomposed, impure, unfit for human consumption or
dangerous to the public health. Any food, drink or other substance
may be stopped from sale or use and placed under embargo by any representative
of this Board for as reasonable a period of time as may be required
to make investigations or examination, if such may be necessary to
determine that the food, drink or other substance is decomposed, impure,
unfit for human consumption or dangerous to the public health. No
such food, drink or other substance shall be used, removed, destroyed
or otherwise disposed of while under embargo except by or under the
direction of a representative of this Board.
B.
The owner of products placed under embargo by virtue
of any power granted under this chapter shall have the right to appeal
to the Board of Health. The Board of Health shall afford a hearing
and shall give due notice of the time and place of the hearing to
the owner of such goods. As a result of the hearing, the Board of
Health shall have the right to stay or set aside the order.
Whenever the proprietor of a public eating and
drinking place shall fail to keep his public eating and drinking place
in a sanitary condition or shall cause or transmit disease, this Board,
upon proper notification, shall order closed such public eating and
drinking place until it shall have been put in a sanitary condition
or until the food or drink or the sale of the same shall no longer
be likely to cause any illness or transmit disease. The proprietor
of the public eating and drinking place so ordered shall immediately
comply with and obey such order and shall not conduct further operations
until permission has been granted by this Board.
