[Added 12-1-1959 by Res. No. 282-1959]
The following definitions shall apply in the
interpretation and the enforcement of this article:
Any person who handles food during preparation or service
or who handles eating, drinking or cooking utensils during cleansing,
bactericidal treatment, storage or service.
That which is eaten or drunk by man and which furnishes nourishment.
A mechanical device for dispensing milk by gravity or pump
from a refrigerated bulk container into a receptacle in portions intended
for consumption by one person.
A natural person, partnership, firm, corporation or association.
Any place in which food is prepared for public service, including
all eating and drinking establishments, whether fixed or mobile, temporary
or permanent, except common carriers in interstate service.
In a decayed, diseased, contaminated, infected or any other
state which is presumably deleterious to health.
Kitchenware, tableware, glassware, cutlery, containers or
other equipment with which food comes in contact during storage, preparation,
cooking or serving.
A.
It shall be unlawful for any person who does not possess
an unrevoked permit from the Director to operate a service food establishment.
Only persons who comply with the requirements of this article shall
be entitled to receive and retain such permit. Applications for new
installations shall be made at least 10 days before the first day
of operation as a service food establishment on a form prescribed
by the Director. A permit shall not be transferable. The Director
may specify a date of expiration of the permit, and if no date is
specified, the permit shall continue in effect until suspended or
revoked.
B.
A permit may be suspended by the Director upon the
violation by the holder of any of the terms of this article when,
in his opinion, public health is in peril or may be revoked by the
Director for serious or repeated violations after an opportunity for
a hearing.
Samples of food, drink and other substances
may be taken and examined by the Director or his authorized representative
as often as may be necessary for the detection of unwholesomeness.
The Director or his authorized representative may order such food,
drink or other substances held pending the completion of such examinations.
The Director may condemn and forbid the sale or cause to be removed
or destroyed any food or drink which, in his opinion, is unwholesome.
Food, drink or raw materials which have become unfit for human consumption
shall be kept separate and apart from wholesome food, drink or raw
materials. The presence of any food, drink or raw material in any
part of the establishment shall be deemed prima facia evidence of
intended use as human food.
A.
The Director, before issuing a permit, shall cause
an inspection to be made of the service food establishment and at
least annually thereafter and shall cause additional inspections to
be made as he deems necessary for the proper enforcement of this article.
B.
One copy of the inspection report shall be given by
the Director or his authorized representative to the manager or operator
of the service food establishment, and the latest inspection report
shall be kept on file and shall not be defaced or removed by any person
except the Director or his authorized representative. The original
of the inspection report shall be filed with the records of the Director.
C.
The person operating the service food establishment
shall, upon request of the Director or his authorized representative,
permit access to all parts of the establishment and shall furnish
copies on demand or permit copying of any or all records of food purchased.
Service food establishments shall comply with
all of the following items of sanitation.
A.
Floors. The floors of all rooms in which food is stored,
prepared or served or in which utensils are washed or stored shall
be of such construction as to be easily cleaned, shall be smooth and
shall be kept clean and in good repair. Floor coverings in such rooms
shall be kept clean and in good repair.
B.
Walls and ceilings. Walls and ceilings of all rooms
in which food is stored, prepared or served or in which utensils are
washed or stored shall be kept clean and in good repair.
C.
Lighting. All rooms in which food is stored or prepared
or in which utensils are washed or stored shall be lighted adequately.
D.
Ventilation. All rooms in which food is stored or
prepared or in which utensils are washed or stored shall be well ventilated.
E.
Toilet facilities. Every service food establishment
shall have adequate and conveniently located toilet facilities properly
constructed and maintained for the management and employees, conforming
with state laws and local ordinances. Toilet rooms shall be kept in
a clean condition, in good repair and well-lighted and ventilated.
Hand-washing signs shall be posted in each toilet room used by employees.
F.
Water supply. Water supplies of service food establishments
shall be derived from sources which are properly located, protected
and operated. Water in adequate quantity under satisfactory pressure
and at satisfactory temperature shall be provided in all rooms in
which food is prepared or utensils washed. Only water of safe, sanitary
quality shall be provided in such rooms. Drinking water shall be of
safe, sanitary quality when served.
G.
Hand-washing facilities. Adequate and convenient hand-washing
facilities shall be available to management and employees, including
hot and cold running water, soap and sanitary towels. A towel for
common use shall not be permitted. No employee shall resume work after
using the toilet without first washing hands.
H.
Construction of utensils, equipment and fixtures.
All multi-use utensils and equipment and all show and display cases
or windows, counters, shelves, tables, refrigerators, sinks or other
fixtures shall be of suitable material so constructed as to be easily
cleaned and inspected and shall be kept in good repair. Utensils made
of or plated with cadmium, lead or zinc or other poisonous materials
shall not be used, except that solder containing less than 5% lead
may be used for jointing. All equipment install on or after January
1, 1958, for use in the cleaning and bactericidal treatment of utensils
used in the preparation, storing, handling or serving of food for
consumers shall be of a type acceptable to the State Commissioner
of Health. Milk dispensers shall be of a make and model approved by
the State Commissioner of Health.
I.
Cleaning and bactericidal treatment of utensils, equipment
and fixtures.
(1)
Adequate facilities shall be provided for cleaning,
rinsing and bactericidal treatment of all multi-use utensils and equipment.
All utensils, equipment and fixtures, including show and display cases
of windows, counters, shelves, tables, refrigerators, sinks and other
equipment and fixtures with which food, drinks or utensils come in
contact, shall be kept clean and free from flies and other insects,
dust, dirt and other contaminating material. All cloths used by employees
during the preparation and service of food shall be clean. Single-service
containers shall be used only once. Empty milk bottles and cans shall
be thoroughly rinsed before return.
(2)
All multi-use eating, drinking and cooking utensils
shall be so cleansed and bactericidally treated as to have a total
bacterial count of not more than 100 per utensil surface examined
as determined by a test and in a laboratory approved for the purpose
by the State Commissioner of Health. Drying cloths and racks, if used,
shall be clean and shall be used for no other purpose.
(3)
No substance or article used solely for polishing
which contains cyanide or other poisonous material shall be kept or
used in any service food establishment.
J.
Storage and handling of utensils and equipment. After
bactericidal treatment, multi-use utensils shall be stored in a clean,
dry place protected from flies and other insects, from dirt, dust
and other contamination and shall be handled in such a manner as to
prevent contamination. Single-service utensils shall be purchased
only in sanitary containers, shall be stored therein in a clean, dry
place until used and shall be handled in a sanitary manner. Unwrapped
soda straws, tubes or similar devices for drinking from containers
shall be dispensed only from a dispenser approved by the State Commissioner
of Health. Such dispensers shall be so located as to be easily accessible
to users at the point of service. No person other than the ultimate
user shall touch such unwrapped straws, tubes or devices, either before
or after dispensing, except for disposal.
K.
Disposal of wastes. Sewage and all liquid wastes shall
be properly disposed of, and all garbage and trash shall be kept in
suitable covered receptacles. Garbage and trash receptacles shall
be emptied at such intervals and in such manner so as not to create
a nuisance.
L.
Refrigeration. All readily perishable food and drink
shall be cooled immediately after preparation and shall be kept at
or below 50° F. except when being prepared or served. Refrigerators
shall be equipped with accurate thermometers, located in the warmest
zone.
M.
Wholesomeness of food and drink. All food and drink
shall be clean, wholesome, free from spoilage and so prepared as to
be safe for human consumption. All milk, cream, milk products, ice
cream and other frozen desserts shall be from sources acceptable to
the Director. Only pasteurized milk, cream and milk products shall
be used. Milk, cream and milk products shall be served in or from
the original containers in which they were received from the distributor
or from a bulk container in a manner acceptable to the Director. All
oysters, clams and mussels shall be from certified shippers and, if
shucked, shall be kept until used in the containers in which they
were placed at the shucking plant. Ice shall be from a source acceptable
to the Director.
N.
Storage, display, protection and serving of food.
(1)
Readily perishable foods not refrigerated shall be
mantained at not less than 140° F. prior to service. Food, drink
and ice shall be so stored, displayed and served as to be protected
from dust, dirt, flies, other insects and vermin and from depredation
and pollution by rodents, unnecessary handling, droplet infection,
overhead leakage and other contamination. No animals or fowls shall
be kept in or allowed in any room in which food is prepared or stored.
All service food establishments shall be so constructed and equipped
as to prevent the entrance of flies and other insects and vermin.
Effective measures shall be used for elimination of flies and other
insects and vermin.
(2)
Insecticides, rodenticides or other substances containing
poison shall not be stored, kept or used in refrigerators, on shelves
or in other places where they may contaminate or be mistaken for foods
or beverages. Detergents, sanitizers or any toxic substances shall
not be stored in such a manner that they may contaminate or be mistaken
for foods or beverages.
O.
Cleanliness of employees.
(1)
All employees shall wear suitable, clean outer garments
and shall keep their hands clean at all times while engaged in handling
food, drink, utensils or equipment. Employees shall not use tobacco
in any form while serving or preparing food. Tobacco in any form shall
not be used in any area in which food is prepared or utensils washed
or stored.
(2)
Spitting shall be prohibited in rooms in which food
is prepared, stored or served or utensils washed or stored.
P.
Miscellaneous. The premises of all service food establishments
shall be kept clean and free of litter or rubbish. Empty refillable
containers shall be stored in such a manner that they shall not attract
flies or other insects. None of the operations connected with a service
food establishment shall be conducted in any room used as living or
sleeping quarters. Adequate lockers or dressing rooms shall be provided
for employees' clothing and shall be kept clean. Soiled linens, coats
and aprons shall be kept in containers provided for this purpose.
No person who is affected with any disease communicable
through food or who is a carrier of such disease or who has suppurating
lesions on arms, hands or other exposed parts of the body or who is
suffering from periods of vomiting or diarrhea shall work in any service
food establishment. A service food establishment shall not employ
any such person or any person suspected of being affected with any
disease communicable through food or suspected of being a carrier
of such disease or any person who refuses physical examination by
the Director or his authorized representative. If the manager, supervisor
or operator of a service food establishment suspects that an employee
has contracted any disease communicable through food or has become
a carrier of such disease, he shall notify the Director immediately.
