As used in this article, the following terms
shall have the meanings indicated:
A source which complies with applicable federal, state or
local regu1ations.
A food establishment which involves the sale or distribution
of food and drink prepared in bulk at one geographic location for
service in individual portions at another location, or which involves
preparation and service of food on public or private premises not
under ownership or control of the operator of such service.
As defined by the Connecticut Public Health Code.
A brochure, label statement, deli case or menu advisory targeted
at vulnerable consumers who, due to certain health conditions, may
be at increased risk for food-borne illness when eating raw or undercooked
potentially hazardous foods.
Any raw, cooked or processed edible substance, ice, beverage
or ingredient used or intended for use or for sale, in whole or in
part, for human consumption.
Any food establishment, temporary food establishment, catering
food service, food store or itinerant food vending business.
The conversion of any food product into a state ready for
human consumption.
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 includes but is not limited to
grocery stores, restaurants, hotels, taverns, bars, rest homes, schools,
camps, industrial feeding establishments, commissaries, catering establishments
or any eating place, whether fixed or mobile. The term does not include
a kitchen in a private home where food is prepared or served and not
offered for sale. The term does not include a bed-and-breakfast operation
that prepares and offers food to the guests if such operation is owner
occupied and has a total building occupant load of not more than 16
persons, including the owner and occupants, and has no provisions
for cooking or warming food in the guest rooms and breakfast is the
only meal offered and placards are posted at the registration area
which read "this establishment is exempt from Section 19-13-B42 of
the Connecticut Public Health Code."
Any place which sells or dispenses for sale at wholesale
or retail any groceries, prepackaged foods, whole or bulk bakery products,
whole vegetables and fruits, raw meat or fish or packaged dairy products.
Any food establishment which serves food or drink from an
approved conveyance without a fixed location and without connection
to a water supply or a sewage disposal system.
Any individual, partnership, association, corporation, company,
governmental agency, club or organization of any kind, and includes
the plural.
Any food or food ingredient, natural or synthetic, that is
in a form capable of supporting the rapid and progressive growth of
infectious or toxigenic microorganisms or the slower growth of Clostridium
botulinum. The term includes but is not limited to foods of animal
origin, cooked foods of plant origin, garlic in oil, cut melons and
raw sprouts. The term does not include foods with a water activity
of 0.85 or less and/or a pH of 4.6 or less.
The individual food portion is completely wrapped to preclude
contamination. All prepackaged food shall be prepared and packaged
in an approved food facility.
A food operator employed in a full-time position who has
demonstrated knowledge of safe food-handling techniques. A full-time
position means 30 hours per week or the number of hours per week that
the food service establishment is open for business, whichever is
less. A qualified food operator will be required in those food service
establishments designated as either a Class III or a Class IV food
service operation as defined in the Connecticut Public Health Code.
A food service establishment which is seasonal in nature
and operates for a period of time not to exceed six months in any
one year.
A food service establishment that operates at a fixed location
for a temporary period of time, for 14 consecutive days or less in
any thirty-day period, in conjunction with a carnival, circus, public
exhibition, fair, festival, celebration concert, show, or similar
transitory gathering, or any kind of event that is advertised and
open to the general public, with or without admission fee. The term
does not include events which are not advertised or open to the general
public.
Any person, firm or corporation owning, operating
or maintaining, within any city, town or political subdivision comprising
the Central Connecticut Health District, any food service establishment
or place where food or beverage is served to the public shall possess
a valid license issued by the Health District.
A.
Any owner desiring to operate a food service establishment
shall, at least 10 working days prior to the opening of a new food
service establishment or the expiration of an existing license or
the change of ownership, make written application for a license on
forms provided by the Health District. Such application shall be submitted
prior to start of construction, remodeling or conversion. Such application
shall include, but not be limited to, the name and address of the
person responsible for the operation of the food service establishment,
the type and location of the food service establishment and the signature
of each owner or authorized representative. If the application is
for a temporary food service establishment, it shall also include
the dates of the proposed operation.
C.
Prior to the issuance of final approval for license,
the Director of Health or his authorized agent, who shall be a certified
food service sanitation officer, shall inspect the food service establishment
to determine compliance with the provisions of this article, the Connecticut
Public Health Code, any other applicable codes, regulations or statutes.
D.
The Director of Health shall issue a new license to
the applicant if the inspection reveals that the food service establishment
complies with the requirements of this article, the Connecticut Public
Health Code and any other applicable codes, regulations or statutes.
Licensed facilities must comply with the requirements of this article,
the Connecticut Public Health Code and any other applicable codes,
regulations or statutes.
E.
All licenses shall expire on June 30 of each year,
unless otherwise indicated, and may be renewed for another year upon
application and payment of an annual fee, provided that the food service
establishment is in compliance with this article, the Connecticut
Public Health Code and any other applicable codes, regulations or
statutes.
F.
In the case of a transfer of ownership of an existing
food service establishment to a new owner, the new owner shall submit
an application for a license on forms provided by the Health District.
The establishment shall be brought into compliance with this article,
the Connecticut Public Health Code and any other applicable codes,
regulations or statutes by correcting all violations before a license
to operate can be issued. The license is not transferable.
A.
The Director of Health or his authorized agent, who
shall be a certified food service sanitation officer, shall be permitted,
after proper identification, to enter at any reasonable time any food
service establishment for the purpose of making inspections, as deemed
necessary by the Director of Health or his authorized agent, to determine
compliance with this article, the Connecticut Public Health Code and
any other applicable codes, regulations or statutes.
B.
The Director or his authorized agent shall be permitted
to examine the records of the establishment to obtain information
pertaining to food and supplies purchased, received, used or proposed
to be used and persons employed or proposed to be employed, but not
including financial records. By application for licensure, the owner
or operator gives permission for records examination as set forth
in this section.
A.
The Director of Health may suspend any license to
operate a food service establishment if the license holder does not
comply with the requirements of this article, the Connecticut Public
Health Code or any other applicable code, regulation or statute.
B.
In the event that the Director of Health or his duly
authorized representative finds unsanitary or other conditions in
the operation of the food service establishment which in his judgment,
constitute a violation of this article, the Connecticut Public Health
Code or any other applicable code, regulation or statute, the Director
of Health may issue a written notice of intent to suspend the license
to the license holder or operator citing such conditions, specifying
the corrective action to be taken and specifying the time period within
which such action shall be taken and, if deemed necessary, order immediate
correction.
C.
If correction is not made in the stated time, the
license shall be suspended and a written order issued to the owner
or operator to cease the operation of the food service establishment.
Food service operations shall immediately cease upon receipt of the
order.
D.
One copy of the order to cease food service operations
shall be posted by the owner upon the inner surface of the window
of the front entrance door of the food service establishment or upon
the nearest window thereto in such a manner as to be clearly visible
to the general public from the exterior of such establishment. Said
order to cease operations shall not be defaced or removed by any person
except the Director of Health or his authorized agent.
The Director of Health may, after providing
opportunity for hearing and appeal, revoke a license for serious or
repeated violations of any of the requirements of this article, the
Connecticut Public Health Code, other applicable codes, regulations
or ordinances, or for interference with the Director of Health or
his authorized agent in the performance of their duties. Prior to
revocation, the Director of Health shall notify the license holder
or person in charge, in writing, of the reasons for which the license
is subject to revocation and that the license shall be revoked at
the end of 10 days following service of such notice unless an appeal
is filed with the Director of Health by the license holder within
48 business hours of receipt of the notice. If no appeal is filed
within 48 business hours, the revocation of the license becomes final.
Written notices and orders provided for in this
article shall be deemed to have been properly served when a copy of
the notice or order has been delivered personally or sent by certified
mail, return receipt requested, to the owner, permit holder or person
in charge of the food service establishment. Such written notices
and orders shall also be deemed to have been properly served provided
it has been posted on the front entrance door of the food service
establishment or upon the nearest window thereto in such a manner
as to be clearly visible to the general public from the exterior of
the establishment. Said notice shall not be defaced or removed by
any person except the Director of Health or his authorized agent.
A copy of any such notice or order shall be filed in the records of
the Director of Health.
A.
Suspension. Whenever a license has been suspended,
the holder of the suspended license may make a written request for
license reinstatement. Within 10 days following receipt of a written
request, including a statement signed by the applicant that, in his
opinion, the conditions causing the suspension have been corrected,
the Director of Health or his authorized agent shall make a reinspection.
If the applicant is found to be in compliance with the requirements
of this article, the Connecticut Public Health Code, other applicable
codes, regulations or statutes, and the conditions responsible for
the suspension have been corrected, the license shall be reinstated.
B.
Revocation. After a period of 30 days from the date
of revocation, a written application may be made for the issuance
of a new license. Procedures delineated in this article for obtaining
a new license shall be followed.
The owner or operator of a food service establishment
aggrieved by a written notice or any order described above may, within
48 hours after the receipt of such notice and/or order, appeal to
the Director of Health, who shall thereupon immediately examine the
merits of such case and may vacate, modify or affirm such written
notice or order. The owner or operator of a food service establishment
who is aggrieved by such action of the Director of Health may, not
later than three business days after the date of receipt of such notice
or order, appeal to the Commissioner of Health, who shall thereupon
immediately notify the authority from whose order the appeal was taken
and examine the merits of such case and may vacate, modify or affirm
such action in accordance with the Connecticut General Statutes.
Whenever a food service establishment is constructed
or remodeled and whenever an existing structure is converted to use
as a food service establishment, properly prepared plans and specifications
for the public-health-related aspects of such construction, remodeling
or conversion shall be submitted to the Director of Health or his
authorized agent for review and approval before construction, remodeling
or conversion is begun. The plans and specifications shall include,
but not be limited to, the menu, the proposed layout, arrangement
of work and storage areas, construction materials and the type and
model of proposed equipment and facilities, which must be National
Sanitation Foundation (NSF) approved or its equal. The Director of
Health or his authorized agent shall approve the plans and specifications,
in writing, if they meet the requirements of this article, the Connecticut
Public Health Code and other applicable codes, regulations or statutes.
No food service establishment shall be constructed, remodeled or converted
except in accordance with plans and specifications approved by the
Director of Health or his authorized agent.
Whenever plans and specifications are required by § 202-18 of this article to be submitted to the Director of Health or his authorized agent, the Director of Health or his authorized agent shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of this article, the Connecticut Public Health Code and other applicable codes, regulations or statutes.
Food may be examined or sampled by the Director
of Health or his authorized agent as often as necessary for enforcement
of this article or the Connecticut Public Health Code.
A.
Hold order.
(1)
The Director of Health or his authorized agent may,
upon written notice to the owner or person in charge specifying with
particularity the reasons therefor, place a hold order on any food
or beverage which he believes is unfit for human consumption. The
Director of Health or his authorized agent 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.
(2)
The Director of Health 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 an appeal may be filed with the Director of Health within
48 business hours and that if no appeal is filed, the food shall be
destroyed. The Director of Health shall hold an appeal hearing, if
so requested, and 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
article or the Connecticut Public Health Code.
B.
Condemnation. Food shall be subject to immediate condemnation
by the Director of Health when it is found to be unfit for human consumption
by reason of appearance; odor; decomposition; adulteration; contamination
by exposure to fire, water, smoke or heat; lack of proper temperature
maintenance; animal or insect contact; or exposure to nonfood chemicals.
Said action of condemnation shall only be used when, in the opinion
of the Director of Health, there is substantial risk that the suspected
food would otherwise be used for human consumption or if the license
holder agrees to the grounds for the condemnation.
Food from food service establishments outside
the jurisdiction of the Central Connecticut Health District may be
sold within the Health District if such food service establishments
conform to the provisions of the Connecticut Public Health Code or
to substantially equivalent provisions. To determine the extent of
compliance with such provisions, the Director of Health or his authorized
agent may accept reports from responsible authorities in other jurisdictions
where such food service establishments are located.
