The following definitions will apply in the interpretation and
the enforcement of this ordinance.
FOOD-HANDLING ESTABLISHMENT
Shall mean restaurants, coffee shops, cafeterias, short-order
cafes, luncheonettes, taverns, sandwich stands, soda fountains, bakeries,
delicatessens, meat markets, fish markets, grocery stores, candy stores,
outdoor markets, kitchens or other places in which food or drink is
sold, offered for sale, manufactured, cooked, processed, stored, prepared,
displayed, dispensed or transported for consumption on or off premises.
The term food-handling establishments shall not be deemed to mean
and include retail liquor stores licensed by the New York State Liquor
Authority.
[Amended 1-4-60]
ITINERANT FOOD-HANDLING ESTABLISHMENT
Shall mean any food-handling establishment operating for
a temporary period in connection with a fair, carnival, circus, public
exhibition or other similar gathering or as a temporary establishment
operating for a period not to exceed 30 days from the date of opening
in any one location.
EMPLOYEE
Shall mean any person who handles food or drink during preparation
or serving, or who comes in contact with any eating or cooking utensils
or is employed in a room in which food or drink is prepared, served,
manufactured, processed, stored, displayed or transported.
UTENSILS
Shall include any kitchenware, tableware, glassware, cutlery,
containers or other equipment with which food or drink comes in contact
during storage, preparation or serving.
HEALTH OFFICER
Shall mean the Health Officer of the City of North Tonawanda
or his authorized Health Department representative.
PERSON
Shall mean person, firm, corporation or association.
Samples of food, drink and other substances may be taken and
examined by the Health Officer as often as may be necessary for the
detection of unwholesomeness or adulteration. The Health Officer may
condemn and forbid the sale of or cause to be removed or be destroyed
food or drink which is unwholesome or adulterated, upon giving a written
receipt therefor.
All establishments shall comply with the following items of
sanitation:
A. Floors.
The floors of all rooms in which food or drink is stored, prepared
or served or in which utensils are washed shall be of such construction
as to be easily cleaned, shall be smooth and shall be kept clean and
in good repair.
B. Walls
and ceilings. Walls and ceilings of all rooms shall be kept clean
and in good repair. All walls and ceilings of rooms in which food
or drink is stored or prepared shall be finished in light color. The
walls of all rooms in which food or drink is prepared or utensils
are washed shall have a smooth washable surface up to the level reached
by splash or spray.
C. Fly
cotrol. All openings into the outer air shall be effectively screened
and doors shall be self-closing, unless other effective means satisfactory
to the Health Officer are provided to prevent the entrance of flies.
D. Lighting.
All rooms in which food or drink is stored, prepared or served or
in which utensils are washed shall be well lighted.
E. Ventilation.
All rooms in which food or drink is stored, prepared or served or
in which utensils are washed shall be well ventilated. All fumes and
odors shall be dispensed to the exterior in an effective manner so
as to avoid causing a nuisance to people residing or employed next
to or near the food-handling establishment.
F. Toilet
facilities. Every establishment shall be provided with adequate and
conveniently located toilet facilities for its employees, conforming
with the ordinances of the City of North Tonawanda. Toilet rooms shall
be kept in a clean condition, in good repair, well lighted and properly
ventilated to the exterior and not into any room where food is prepared
or served. The juncture of floors and walls shall be coved to prevent
water soaking at the edges. In food-handling establishments hereafter
constructed or remodeled, toilet rooms shall not open directly into
any room in which food, drink or utensils are handled or stored, and
the doors of all toilet rooms shall be self-closing.
G. Water
supply. Hot and cold running water, under pressure, shall be easily
accessible to all rooms in which food is prepared or utensils are
washed, and the water supply shall be adequate and of a safe, sanitary
quality.
H. Lavatory
facilities. Adequate and conveniently located hand-washing facilities
shall be provided, including hot and cold running water, soap and
approved sanitary towels. The use of a common towel is prohibited.
No employee shall resume work after using the toilet room or after
any absence from his work area without first washing his hands.
I. Construction
of utensils and equipment. All multi-use utensils and all show and
display cases or windows, counters, shelves, tables, refrigerating
equipment, sinks and other equipment or utensils used in connection
with the operation of a food-handling establishment shall be so constructed
as to be easily cleaned and shall be kept in good repair. Utensils
containing or plated with cadmium or lead shall not be used; provided,
that solder containing lead may be used for jointing.
J. Disinfection
of utensils and equipment.
(1) All equipment, including display cases and windows, counters, shelves,
tables, meat blocks, refrigerators, stoves, hoods and sinks, shall
be kept clean and free from dust, dirt, insects and other contaminating
materials. All cloths used by waiters, chefs and other employees shall
be clean. Single service containers shall be used only once.
(2) All multi-use eating and drinking utensils shall be thoroughly cleaned
and effectively subjected to an approved bactericidal process satisfactory
to the Health Officer after each usage. All multi-use utensils used
in the preparation or serving of food and drink shall be thoroughly
cleaned and effectively subjected to an approved bactericidal process
before reuse. Drying cloths, if used, shall be clean and shall be
used for no other purpose.
(3) No article, polish or other substance containing any cyanide preparation
or other poisonous material shall be used for the cleaning or polishing
of utensils. No poisonous substance shall be used or stored anywhere
in a food-storage or preparation room.
K. Storage
and handling of utensils and equipment. After bactericidal treatment,
utensils shall be stored in a clean, dry place, protected from flies,
dust and other contamination, and shall be handled in such a manner
as to prevent contamination as far as practicable. 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.
L. Disposal
of wastes. All wastes shall be properly disposed of and all garbage
and trash shall be kept in approved receptacles in such manner as
not to become a health nuisance or a public nuisance from an aesthetic
standpoint.
M. Refrigeration.
All perishable food and drink shall be maintained at such temperature
as shall prevent abnormal deterioration, decomposition or contamination,
except when being prepared or served. Waste water from refrigeration
equipment shall be properly disposed of in a manner approved by the
Health Officer.
N. Wholesomeness
of food and drink. All food and drink shall be clean, wholesome, free
from spoilage, unadulterated, free from contamination with foreign
material and so prepared as to be safe for human consumption. All
milk, fluid milk products, ice cream and other frozen desserts served
shall be from approved sources. Milk and fluid milk products shall
be served in the individual original containers in which they were
received from the distributor or from a bulk container equipped with
an approved dispensing device; provided, that this requirement shall
not apply to cream, which may be served from the original bottle or
from a dispenser approved for such service. All oysters, clams and
mussels shall be from approved sources, and if shucked shall be kept
until used in the containers in which they were placed in the shucking
plant.
O. Storage,
display and serving of food and drink. All food and drink shall be
so stored, displayed and served as to be protected from dust, flies,
vermin, depredation and contamination by rodents or insects, unnecessary
handling, droplet infection, overhead leakage and other contamination.
No dogs, cats or other animals or fowls shall be kept or allowed in
any room in which food or drink is prepared, stored or served. All
approved means necessary for the control of flies, roaches and rodents
shall be used.
P. Cleanliness
of employees. All employees shall have clean outer garments and shall
keep their hands clean at all times when engaged in handling food,
drink, utensils or equipment. Employees shall not expectorate or use
tobacco in any form in any rooms in which food is prepared.
Q. Miscellaneous.
The premises of all establishments shall be kept clean and free of
litter and rubbish. None of the operations connected with a food-handling
establishment shall be conducted in any room used as living or sleeping
quarters. Adequate locker 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.
Itinerant food-handling establishments shall be constructed
and operated in an approved manner. The Health Officer should approve
an itinerant establishment only if it complies with the following
sanitation requirements:
A. It
shall be located in clean surroundings and kept in a clean and sanitary
condition. It shall be so constructed and arranged that food, drink,
utensils and equipment will not be exposed to insects or to dust or
other contamination. Only food and drink which is clean, wholesome
and free from adulteration shall be sold or served. An adequate supply
of water of safe, sanitary quality shall be easily available and used
for drinking and for cleaning utensils and equipment. If multi-use
utensils are used in the serving of food or drink, they shall be thoroughly
washed with hot water and a satisfactory detergent and effectively
subjected to an approved bactericidal process after each use, and
so handled and kept as to be protected from contamination. Single
service containers shall be used only once. Adequate provision shall
be made for refrigeration of perishable food or drink. Ice used in
or with food or drink shall be from a source approved by the Health
Officer and so handled as to avoid contamination.
B. Garbage
and refuse shall be kept in tightly covered, water-tight containers
until removed and shall be disposed of in a place and manner approved
by the Health Officer. Dishwater and other liquid wastes shall be
so disposed of as not to create a health nuisance.
C. No
person suffering from any disease transmissable by contact or through
food or drink or who is a carrier of the germs of such a disease shall
be employed in any capacity. Adequate and satisfactory toilet and
hand-washing facilities shall be readily accessible to employees.
No person engaged in the handling or serving of food or drink shall
return to his work after using the toilet without first washing his
or her hands.
D. Upon
failure of any person maintaining or operating an itinerant establishment,
after warning, to comply with any of these requirements, it shall
be the duty of the Health Officer summarily to forbid the further
sale or serving of food and drink therein. Any person continuing to
sell or serve food or drink in such an establishment after being forbidden
shall be subject to the penalties provided for violation of this ordinance.
From and after 12 months from the date on which this ordinance
takes effect, no food-handling establishment shall be operated within
the City of North Tonawanda or its police jurisdiction unless it conforms
to the requirements of this ordinance: provided, that when any establishment
fails to qualify the Health Officer is authorized to suspend the permit.
When suspicion arises as to the possibility of transmission
of infection from any food-handling establishment employee, the Health
Officer is authorized to require any or all of the following measures:
A. The immediate exclusion of the employee from the establishment.
B. The immediate closing of the establishment concerned until, in the
opinion of the Health Officer, no further danger of disease outbreak
exists.
C. Adequate medical examinations of the employee and of his associates,
with such laboratory examinations as may be indicated.
This ordinance shall be enforced by the Health Officer.
[Amended; published 4-21-58]
Any violation of any provision of this ordinance is hereby declared
to be an offense and is punishable by a fine of not more than $50,
or by imprisonment for not more than six months or by both.
All ordinances and parts of ordinances in conflict with this
ordinance are hereby repealed; and this ordinance shall be in full
force and take effect immediately upon its adoption and publication.
Should any paragraph, section, sentence, clause or phrase of
this ordinance be declared unconstitutional or invalid for any reason,
the remainder of the said ordinance shall not be affected thereby.