[Added 8-16-61 by Res. No. 286-1961]
The following shall apply in interpretation
and the enforcement of this article:
That which is eaten or drunk by man and which furnishes nourishment.
Any premises or place or portion thereof where any article
of food or any ingredient thereof is kept, prepared, dressed, frozen,
slaughtered, processed, wrapped, canned, hermetically sealed, packaged,
bottled, distributed, handled, eviscerated, sold or offered for sale,
either at wholesale or retail, provided that this shall not include
cooking, canning or preserving in the home for consumption therein.
Any food consisting in whole or in part of milk, milk products,
eggs, meat, fish, poultry or other food capable of supporting rapid
and progressive growth of microorganisms which can cause food infections
or food intoxications. However, products in hermetically sealed containers
processed by heat to prevent spoilage and dehydrated, dry or powdered
products so low in moisture content as to preclude development of
microorganisms are excluded from the terms of this definition.
Any wagon, truck, pushcart or dispensing device, selling
or offering for sale or distribution any article of food.
Every food establishment shall register with
the Monroe County Department of Health. All existing establishments
shall file the required registration within six months of the effective
date of this article. No new establishment shall operate without first
filing such registration. Registration shall be on forms provided
for this purpose by the Monroe County Department of Health and shall
contain such information the Director of Health shall deem necessary
for the enforcement of this article. However, those establishments
which are presently registered under sections of either the New York
State or Monroe County Sanitary Code are excluded from this requirement.
A.
Samples of food, ingredients, containers or any substance
used in connection with the preparation and processing of food may
be taken for examination by any authorized representative of the Department
of Health from any premises for the detection of unwholesome or insanitary
conditions. Such samples may be taken without charge.
B.
Any food or any substance used in connection with
the preparation of food sold, offered for sale, kept or transported
may be retained, removed or destroyed by or under the direction of
a duly authorized representative of the Department of Health if, in
the judgment of such representative, such food or substance is in
whole or in part decomposed, contaminated, unwholesome, unfit for
human consumption or dangerous to the public health.
C.
Any such food or other substance may be placed under
embargo by any such representative of the Department of Health for
any reasonable period of time as may be required to make investigations
or examinations that may be necessary to determine that such food
or other substance is decomposed, contaminated, unwholesome, unfit
for human consumption or dangerous to the public health. No such food
or other substance shall be used, removed, destroyed or otherwise
disposed of while under such embargo except by or under the direction
of such representative of the Department of Health.
A.
Any person, firm or corporation owning, operating
or in responsible charge of a food establishment or vehicle at or
from which food intended for human consumption is sold, manufactured,
cooked, processed, prepared, kept or offered for sale or served for
consumption shall operate and maintain such food establishment or
vehicle at all times in a clean and sanitary condition to conform
to the requirements of this article. Any food kept or displayed in
any food establishment or vehicle in the manner that food or drink
intended for sale for human consumption is ordinarily kept or displayed
shall be deemed to be offered for sale for human consumption.
B.
Structure. Every food establishment or vehicle shall
be so constructed and maintained as to provide adequate enclosure
and protection of the food and food operations contained therein.
The floors of every food establishment or vehicle shall be so constructed
as to be easily cleaned, shall be smooth and shall be kept clean and
in good repair. The walls and ceilings of every food establishment
or vehicle shall be kept clean and in good repair, and all such surfaces
which are exposed to soiling by food handling operations shall be
smooth and washable and kept clean.
C.
Lighting. In every such food establishment or vehicle,
adequate lighting shall be provided to facilitate effective and thorough
cleaning.
D.
Ventilation. All rooms in which food is stored or
prepared or in which utensils are washed or stored shall be well ventilated.
E.
Washing facilities. In every food establishment, adequate
washing facilities shall be provided for the use of employees and
maintained in a useable and sanitary condition. Such washing facilities
shall include soap and individual towels or other sanitary methods
of drying hands.
F.
Toilets. In every such food establishment, adequate
toilets shall be provided for and readily accessible to the people
employed, and such toilets shall be properly enclosed, provided with
self-closing doors, properly ventilated and lighted and kept in good
repair and shall be maintained at all times in a clean and sanitary
condition.
G.
Waste containers. In every food establishment or vehicle,
adequate and suitable containers shall be provided and used to receive
waste and refuse, and such containers for wet and decomposable refuse
shall be impervious and water tight. All containers shall be provided
with tight-fitting covers and stored and located and contents disposed
of in a manner acceptable to the Director.
Every person engaged in the handling of food
shall maintain personal cleanliness, shall wear clean outer garments
and shall wash his hands thoroughly after using the toilet. Clothing
shall not be kept or placed in proximity to exposed food or drink.
No person known to have or suspected of having a communicable disease
transmissable through food or drink or who is known to be a carrier
of the organisms causing such disease and no person suffering from
a local infection transmissable through food shall be employed in
any food establishment or vehicle at which food is prepared or sold.
All utensils used in preparing, dispensing or
serving of food shall be free from chips, cracks or open seams, and
after each use, all except single-service utensils shall be cleansed
so as to remove all organic and mineral residue and shall be disinfected
in a manner so as to be free from bacilli of the coliform group. All
multi-use equipment, utensils and containers shall be cleansed and
disinfected in an acceptable manner and kept clean. All disinfected
utensils and single-service utensils shall be stored or kept in a
clean place protected from contamination. In any food establishment
or vehicle where cleansing of utensils in undertaken, an adequate
supply of hot water, an adequate supply of suitable cleanser and suitable
facilities for the cleansing, disinfecting and storage of such utensils
shall be provided. Drying cloths, if used, shall be clean and used
for not other purpose. Where such facilities are not provided, only
single-service utensils dispensed in a sanitary manner shall be used.
Single-service utensils shall be used only once, after which they
shall be promptly disposed of in such manner as to prevent their reuse.
No food which is in whole or part contaminated,
decomposed or dangerous to the public health or which has been exposed
to any substance, liquid or solid which in any way endangers the wholesomeness
or safety of the product or which in its manufacture, cooking, processing
or preparation has not conformed to the requirements of the Monroe
County Sanitary Code shall be kept, sold or offered for sale for human
consumption.
A.
Restriction on sale. No readily perishable foods shall
be displayed, offered for sale or sold except on the day of manufacture
thereof. The day of manufacture shall be the twenty-four hour period
immediately following the time manufacture is completed.
B.
Manufacture. Any particle of custard mix to be used
in the manufacture of custard-filled pastry shall be brought to and
held at a temperature of not less than 200° F. continuously for
not less than 10 minutes and within one hour thereafter placed in
a refrigerating temperature of not over 50° F. and kept at or
below such temperature until applied to the pastry.
C.
Holding temperatures. No custard-filled pastry shall
be kept, displayed, offered for sale or transported unless immediately
after manufacture it shall have been cooled to and maintained at all
times at a temperature of 50° F. or lower in clean containers
filled to a depth of not more than three inches. Other perishable
food shall be held either at a temperature of 50° F. or lower
or at a temperature of 140° F. or higher.
D.
Condemnation. Custard-filled pastry or perishable
food manufactured, kept, displayed or served in violation of the provisions
of this section is hereby declared to be dangerous to the public health
and, as such, subject to condemnation by any authorized representative
of the Department of Health.[1]
