[HISTORY: Adopted by the Board of Health of the Town of Ashland 2-13-1997. Amendments
noted where applicable.]
The Ashland Board of Health, pursuant to the authority granted
under Massachusetts General Laws Chapter 111, Sections 31 and 127A,
hereby adopts the following regulations to protect the public health
of the community.
A.
The Ashland Board of Health recognizes that an ideal food protection
program is supported by a partnership effort between industry and
food regulatory officials. Together, educated food handlers and effective
inspection programs can reduce the incidence of high-risk practices
which can lead to foodborne disease outbreaks.
B.
Other benefits of food manager training include providing industry
with a more professional approach to food safety, improving communication
between industry and regulators, increasing consumer confidence in
their food supply and avoiding negative economic impacts often associated
with foodborne disease outbreaks. Food establishments which have trained
food handlers are also more likely to be in compliance resulting in
less inspection and enforcement time spent by the Board of Health.
C.
Accordingly, the Board of Health declares that the purpose of this
regulation is to improve the general sanitation conditions in Ashland's
food establishments, thus protecting the public health and welfare
of the dining public.
D.
Food manager certification will ensure that these managers have knowledge
of the principles and practices of food sanitation with the primary
purpose of preventing foodborne illness and protecting the public
health in accordance with Chapter X of the State Sanitary Code, 105
CMR 590.000, Minimum Sanitation Standards for Food Establishments.
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section. Any terms not specifically
defined herein are to be construed in accordance with the definitions
of Chapter X of the State Sanitary Code, 105 CMR 590.000.
A food safety training course approved by the Board which
meets the requirements of the Massachusetts Guideline for Food Protection
Management Training and Testing.
Refers to the Town of Ashland Board of Health.
An individual employed by the establishment who has passed an exam as described in § 296-5 and has supervisory, training and management responsibilities.
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 not limited to restaurants,
caterers, nursing and retirement homes, hospitals, private clubs,
industrial cafeterias, public and private educational institutions
and delicatessens in retail food stores that cook and/or offer prepared
food in individual service portions.
Means minimum thirty-five (35) hours work per week.
An incident in which two or more persons experience a similar
symptom usually gastrointestinal in nature, after ingestion of common
food and an epidemiological analysis implicates the food as the source
of the illness or one case of botulism or chemical food poisoning.
Includes an individual, partnership, corporation, and association
or other legal entity.
Any food that consists in or in part of milk or milk products,
eggs, meat, poultry, fish, shellfish edible crustacea, or other ingredients
including synthetic ingredients in a form capable of supporting rapid
and progressive growth of infectious or toxigenic microorganisms or
the slower growth of C. botulinum. The term does not include foods
which have a pH level of 4.5 or below or a water activity (Aw) value
of 0.85 or less.
A.
Each food establishment where potentially hazardous food are prepared
and/or served shall employ at least one full-time, on-site person
and as a certified food manager who is at least eighteen (18) years
of age.
B.
Once a certified food manager terminates employment, establishments
shall have ninety (90) days to employ a new certified food manager
or have an individual enrolled in a Board-approved food manager certification
program in food safety.
C.
Certificates for managers certified in food safety shall be prominently
posted in the establishment next to the license(s) to operate. The
certificate shall be removed when the individual is no longer employed
by the establishment.
D.
No person shall use the title "certified food manager", or in any
way represent themselves as a manager certified in food safety unless
they shall hold a current certificate pursuant to these regulations.
Certification shall be achieved by attending a food safety and
sanitation course and attaining a passing grade on an exam provided
by the Educational Testing Services (Food Protection Certification
Program) or the Educational Foundation of the National Restaurant
Association (ServSafe) or an equivalent exam recognized by the Massachusetts
Department of Public Health and approved by the Board.
A.
The certified food manager shall have supervisory, training and management
responsibilities and shall be responsible for food preparation and
service or have the authority and responsibility to direct and control
such activities.
B.
The certified food manager is responsible for operating the establishment
in compliance with all relevant federal, state and local rules and
regulations pertaining to food service.
C.
The certified food manager shall assure that all employees engaged
in food preparation do so in a manner consistent with proper food
sanitation practices.
D.
The certified food manager shall develop a plan for assessing, monitoring,
and controlling foodborne disease hazards in the food establishment.
E.
The certified food manager shall report any alleged foodborne illness
to the Board within twenty-four (24) hours of the incident.
A certified food manager's certificate is not transferable
from one person to another.
The Ashland Board of Health shall, at its discretion, recognize prior certification from any course which meets the requirements of § 296-5.
Any person who violates any provision of this regulation or
any person who is a certified food manager who does not comply with
these requirements may be subject to administrative fines and/or the
suspension or revocation of the establishment's food service
permit or the persons certification.
This regulation shall be enforced by those procedures identified by § 29-2 of the Code of the Town of Ashland The Board, after due notice and opportunity for a hearing, shall have the right to levy administrative fines up to three hundred dollars ($300) against any certified food manager or food establishment owner who violates any provision of this regulation.
The Board may waive the applicability of any provision of this
regulation, if, in its opinion, the enforcement thereof would be unjust
or be contrary to the public interest. Provided, however that the
decision of the Board shall not conflict with the spirit of any minimum
standards established by this regulation. Any such waiver shall only
be adopted by the Board after due notice and public hearing.
If any provision, clause, sentence or paragraph of this regulation
or the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the remaining provisions
of this regulation and to this end the provisions are declared to
be severable.
This regulation shall take effect on August 1, 1997.
