As used in this article, the following terms
shall have the meanings indicated:
ADULTERATED
The condition of a food if:
A.
It bears or contains any poisonous or deleterious
substance in a quantity which may render it injurious to health.
B.
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.
C.
It consists, in whole or in part, of any filthy,
putrid or decomposed substance or if it is otherwise unfit for human
consumption.
D.
It has been processed, prepared, packed or held
under insanitary conditions whereby it may have become contaminated
with filth or whereby it may have been rendered injurious to health.
E.
It is, in whole or in part, the product of a
diseased animal or an animal which has died otherwise than by slaughter.
F.
Its container is composed, in whole or in part,
of any poisonous or deleterious substance which may render the contents
injurious to health.
CUSTARD MIX and CUSTARD-FILLED
Any product consisting principally of flour, sugar, eggs
and milk, with or without cornstarch, heated, cooled and applied to
pastry without subsequent heating or filled pastry such as cream puffs
or eclairs which may be heated subsequent to filling.
FOOD ESTABLISHMENT
Any place where food or beverage intended for human consumption
is kept, stored, manufactured, prepared, dressed, handled, sold or
offered for sale, with or without charge, either at wholesale or retail,
and not consumed on the premises; provided, however, that the term
"food establishment" shall not include a public eating and drinking
place.
OFFERED FOR SALE
Applies to any food or drink kept or displayed in any store,
place, dispenser or vehicle in the manner in which food or drink is
ordinarily kept or displayed.
POTENTIALLY HAZARDOUS FOOD
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.
SHELLFISH
Includes oysters, clams, scallops or mussels, fresh or frozen;
any shrimp, crab or lobster, fresh, frozen or cooked but not packed
in a sealed container; and any other mollusks, fresh or frozen, intended
for human consumption.
No person shall operate or maintain any food
establishment otherwise than in a clean and sanitary condition and
so as to conform at all times to the requirements of this chapter.
The person in charge of every food handler employed in any food establishment
shall observe and comply with the provisions of this chapter and of
all rules and regulations relating to the operation or maintenance
of such food establishment hereafter adopted.
No person shall undertake to construct a new building or remodel or alter an existing building or portion thereof, or install equipment which is being used or is proposed for use in a food establishment, without first submitting plans for approval thereof as provided in §
302-17 of this chapter.
An application for a permit to operate a food
establishment shall be on forms provided by this Board, which shall
set forth the name, residence, business address and telephone number
of the applicant, the name of the persons operating the establishment,
the square-foot floor area and any additional information which this
Board may require to enable it to determine whether the provisions
of this chapter are being complied with.
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 §
302-51 of this chapter.
No food or drink which is impure, decomposed
or dangerous to the public health or which has been so treated as
to conceal inferiority or which in its manufacture, cooking, processing,
preparation, handling or storage does not conform to the requirements
of this chapter shall be kept, sold or offered for sale for human
consumption. All unlabeled canned goods and cans showing rust, leakage
or evidence of internal pressure shall not be offered for sale or
given away.