City of Meriden, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by Council of the City of Meriden 7-1-1991.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Citation process — See Ch. 86.
[1]
Editor's Note: This ordinance repealed former Ch. 112, relative to food and food establishments, adopted 10-7-1963 and amended 10-5-1964, 12-15-1965, 4-28-1976, 9-15-1980 and 7-2-1990.
For the purpose of this chapter, the following terms shall have the meanings indicated:
ADULTERATED
Food which bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established; if it consists in whole or in part of any filthy, putrid or decomposed substance or if it is otherwise unfit for human consumption; if it has been processed, prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health; if it is in whole or in part the product of a diseased animal or an animal which has died otherwise than by slaughter; if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
APPROVED
Acceptable to the Director of Health and Human Services based on determination as to conformance with the requirements of this chapter and the Public Health Code of the State of Connecticut and/or good public health practices.
AUTHORIZED AGENT
The person designated by the Director of Health and Human Services to act for him in the performance of his duties.
BAKERY
An establishment primarily involved in the preparation of baked goods for consumption off the premises.
CATERER
A business involved in 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 or service of food on public or private premises not under the ownership or control of the operator of such service.
COMBINATION LICENSE
A license obtained by an otherwise licensed food service establishment which permits the license holder to include catering as part of the operation. A combination license may not be issued separately, but may only be issued in conjunction with another license class.
[Added 4-21-1997]
COMMERCIAL FOOD PROCESSING ESTABLISHMENT
An establishment in which food is processed or otherwise prepared and packaged on the premises for wholesale distribution and consumption off the premises, and which is subject to sanitary regulations and periodic inspection by a federal, state or local governmental inspection agency.
DIRECTOR OF HEALTH AND HUMAN SERVICES
The local Director of Health and Human Services or his authorized agent.
EATING OR DRINKING ESTABLISHMENT
A business operating from a fixed location in which food or drink intended for individual portion service is processed, prepared and/or offered for sale or consumption. This term does not include private homes where food is prepared or served for individual family consumption.
EQUIPMENT
All stoves, ranges, hoods, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables or other similar items other than utensils used in the operation of a food service establishment.
FAILED INSPECTION/REINSPECTION
An inspection or reinspection score of less than 80 as specified in Section 19-13-B42(t) of the Public Health Code of the State of Connecticut.
[Added 6-19-1995]
FOOD
Any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use in whole or in part for human consumption.
FOOD SERVICE ESTABLISHMENT
Any fixed or mobile operation in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is sold, served, provided or dispensed in any manner to the public.
ITINERANT FOOD VENDOR
Any person, firm or operation operating a food vending business serving food or drink from an approved conveyance without a fixed location. Said conveyance shall comply with the requirements as set forth in Section 19-13-B48(a)(7), (b) and (f) of the Connecticut Public Health Code, as amended. Conveyances currently licensed by the Meriden Health Department that are not in compliance with the above requirements shall not transfer said licenses, and renewal of said license for noncomplying conveyances shall be at the discretion of the Director of Health and Human Services or his designee. Bond requirements as set forth in § 156-5 of the Meriden City Code shall be complied with as part of the issuance of a license to any itinerant food vendor.
[Amended 7-2-2001]
MARKET
An establishment primarily involved in the sale or distribution of food and/or drink in its original unopened package for consumption off the premises.
NONPROFIT ORGANIZATION
An organization holding a tax exempt status as defined by the United States Internal Revenue Code 26 U.S.C. § 501, which is operated by an entity which is not associated with a branch of federal, state or local government.
PERSON
An individual, firm, partnership, company, corporation, trustee, association or any public or private entity.
PERSON IN CHARGE
The individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual claims to be a supervisor, then any employee present is deemed to be the person in charge for the purposes of this chapter.
PREPARED FOOD READY TO EAT
Food which is subject to processing or handling, or which is prepared, cooked, or packaged for sale in other than its original unopened container. This term shall include but not be limited to operations such as delicatessens, soup or salad bars, meat or seafood markets, but shall not include hot or cold beverages or commercially packaged precooked foods which may be heated and served in the original package.
PROCESSING
Conversion of raw food products into a state ready for human consumption, including but not limited to cutting, washing, heating, cooling and packaging.
TEMPORARY FOOD SERVICE ESTABLISHMENT
Any food service establishment which operates from a fixed location within the City of Meriden only for a period of time not to exceed 14 days in connection with a celebration or single event, such as a fair, carnival, circus or rodeo.
Where terms are not defined in this chapter and are defined in either the Connecticut General Statutes or the building, fire safety or public health codes, they shall have the same meanings ascribed to them as in the general statutes or as in these codes.
Where terms are not defined under the provisions of either the Connecticut General Statutes or the building, fire safety or public health codes, they shall have ascribed to them their ordinarily accepted dictionary meanings or such as the context may herein imply.
Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
The Director of Health and Human Services or his authorized agent shall enforce the provisions of this chapter, the General Statutes, and the Public Health Code of the State of Connecticut.
The Director of Health and Human Services or his authorized agent may enter any building, structure or vehicle in the City in order to carry out his duties as to food inspection and may take samples of food or drink found in the City for purposes of inspection.
In any case where a provision of this chapter is found to be in conflict with a regulation of the Connecticut Department of Public Health and/or the Department of Consumer Protection on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The City Council is authorized to establish minimum requirements for food service establishments. Such requirements may be modified from time to time in accordance with the recommendations of the Connecticut Department of Public Health.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 4-21-2003]
It shall be unlawful for any person or entity to operate a food service establishment within the municipality of Meriden without a valid license issued by the Director of Health and Human Services. Each such licensee shall comply with the requirements of the Public Health Code of the State of Connecticut and the Code of the City of Meriden in order to receive and retain such a license. Licenses shall not be transferable. All licenses shall expire on December 31 of each year. A valid license shall be posted in a conspicuous location in every food service establishment. Licenses for temporary food service establishments shall be issued for a period of time not to exceed 14 days. Any person or entity applying for a food handling license is presumed to be knowledgeable about and agrees to abide by all of the provisions of this chapter and the Public Health Code of the State of Connecticut.
[Amended 6-19-1995; 4-21-1997; 4-21-2003; 6-6-2005]
A. 
Any person desiring to operate a food service establishment must make written application for a license on forms provided by the Director of Health and Human Services at least 10 days prior to the opening or change of ownership of such establishment. Such application shall include the applicant's full name and post office address and whether such applicant is an individual, firm, corporation or partnership and, if not an individual, the name(s) of the officers or partners, together with their addresses, the type of service, location of the proposed food service establishment, and the signature of the applicant. If the application is for a temporary food service establishment, it shall also include the inclusive dates and scope of the proposed operation. Only those persons who comply with the requirements of the Code of the City of Meriden and the Public Health Code of the State of Connecticut within 90 days of inspection for the purposes of licensing shall be entitled to receive and retain such license. At the time of filing the application, the applicant shall pay to the Director of Health and Human Services the required fee that shall be the license fee for one year.
B. 
Food service establishment classification. The Director of Health and Human Services shall classify each food service establishment by using the criteria outlined in this subsection. Establishments shall be classified at the time of licensure. The classification shall be reviewed during each inspection and in no case less than annually. The food service establishment shall be placed into the highest classification that describes any of the food operations conducted. When it comes to the attention of the Director of Health and Human Services that the food service establishment has changed to a different class, the Director of Health and Human Services shall reclassify that food service establishment. No license fee adjustments will be made on current valid food service licenses. No food service establishment shall change operations to a different classification without prior approval by the Director of Health and Human Services. The classifications for food service establishments are as follows:
(1) 
Class I is a food service establishment with commercially prepackaged foods and/or hot or cold beverages only. No preparation, cooking or hot holding of potentially hazardous foods is included, except that commercially packaged precooked foods may be heated and served in the original package within four hours.
(2) 
Class II is a food service establishment using cold or ready-to-eat commercially processed food requiring no further heat treatment and/or hot or cold beverages. No cooking, heating or hot holding of potentially hazardous foods is included, except that commercially packaged precooked foods may be heated and served in the original package within four hours, and commercially precooked hot dogs, kielbasa and soup may be heated if transferred directly out of the original package and served within four hours.
(3) 
Class III is a food service establishment having on the premises exposed potentially hazardous foods that are prepared by hot processes and consumed by the public within four hours of preparation.
(4) 
Class IV is a food service establishment having on the premises exposed potentially hazardous foods that are prepared by hot processes and held for more than four hours prior to consumption by the public.
C. 
Annual license fees shall be charged according to the following schedule:
(1) 
Class I establishments: $100.
(2) 
Class II establishments: $125.
(3) 
Class III establishments: $175.
(4) 
Class IV establishments: $225.
(5) 
Nonprofit organizations (must show IRS tax-exempt status):
(a) 
Class I and II establishments: $50.
(b) 
Class III establishments: $75.
(c) 
Class IV establishments: $100.
(6) 
School/government organization: no fee.
(7) 
Catering combination (issued in conjunction with another license class): $15.
(8) 
Temporary food service (14 days maximum): $50; nonprofit organizations: $25.
D. 
Other fees.
(1) 
An additional fee of $50 will be charged to those establishments which fail to renew their food service license before January 1 of each year.
(2) 
A fee of $50 shall be charged for each reinspection of a food service establishment due to a failed inspection or a failed reinspection.
(3) 
Whenever a reinspection fee is charged, the Director of Health and Human Services shall submit an invoice to the licensee. Such invoice shall be payable within two weeks of receipt by the licensee. All reinspection fees shall be paid before any license is renewable by the Director of Health and Human Services.
E. 
Upon receipt of such an application, the Director of Health and Human Services shall make an inspection of the food service establishment to determine compliance with the provisions of this chapter and the Public Health Code of the State of Connecticut. When inspection reveals that the applicable requirements of this chapter and the Public Health Code of the State of Connecticut have been met, the Director of Health and Human Services shall issue a license to the applicant.
A. 
A Director of Health and Human Services may suspend any license to operate a food service establishment if:
(1) 
The license holder, person in charge, or the operation of the establishment itself does not comply with the requirements of this chapter or the Public Health Code of the State of Connecticut.
(2) 
The operation of the establishment otherwise constitutes an immediate and substantial hazard to public health.
(3) 
The Director of Health and Human Services or his authorized agent is interfered with in the performance of their duties.
(4) 
There is a failure to correct a violation which is continually found and reported on the inspection form.
B. 
If the Director of Health and Human Services finds unsanitary or other conditions in the operation of a food service establishment which, in his judgment, constitute an immediate and substantial hazard to public health, he will immediately issue a written notice of suspension to the license holder or person in charge citing the reasons for such action. Upon service of such notice, the license is suspended. When a license is suspended, all operations related to the processing, preparation, storage, transportation, sale or service of food shall cease immediately.
C. 
Whenever a license is suspended, an opportunity for a hearing will be provided if a written request for a hearing is filed with the Director of Health and Human Services by the license holder within 48 hours. If no written request for a hearing is filed within 48 hours, the suspension is sustained. The Director of Health and Human Services may end the suspension at any time if reasons for the suspension no longer exist.
D. 
Upon receiving a request for hearing, the Director of Health and Human Services shall thereupon immediately examine into the merits of such suspension and may sustain, modify or rescind such suspension. The license holder who is aggrieved by such action of the Director of Health and Human Services may, within 48 hours after the making of such decision, appeal to the Commissioner of Public Health who shall thereupon immediately notify the authority from whose decision the appeal was taken and examine the merits of such case and may sustain, modify or rescind such action.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
During the process of appeal, the license shall remain suspended. However, the Director of Health and Human Services may grant a stay upon a showing of good cause.
A. 
The Director of Health and Human Services may, after providing an opportunity for hearing and appeal, revoke a license for serious or repeated violations of any of the requirements of this chapter or the Public Health Code of the State of Connecticut, or for interference with the Director of Health and Human Services, or his authorized agent, in the performance of their duties, or for cases where the license to operate has been obtained through nondisclosure, misrepresentation, or intentional misstatement of material fact, or for nonpayment of personal property taxes in accordance with § 12-146a of the Connecticut General Statutes.
B. 
Prior to revocation, the Director of Health and Human Services 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 a request for a hearing is filed with the Director of Health and Human Services by the license holder within 48 hours of the notice being issued. If no request for a hearing is filed within 48 hours, the revocation of the license becomes final.
C. 
If a written request for a hearing is filed with the Director of Health and Human Services by the license holder or the person in charge within 48 hours following the service of such notice, the Director of Health and Human Services shall thereupon immediately examine into the merits of such revocation and may sustain, modify or rescind such revocation. The license holder or person in charge who is aggrieved by such action of the Director of Health and Human Services may, within 48 hours after the making of such decision, appeal to the Commissioner of Public Health who shall thereupon immediately notify the authority from whose decision the appeal was taken and examine the merits of such case and may sustain, modify or rescind such action.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A notice provided for in this chapter shall be deemed to have been properly served when a copy of the inspection report form or other notice has been delivered to the license holder or person in charge or when it is sent by registered or certified mail, return receipt requested, to the address of the license holder as reported on the license application. A copy of the notice shall be filed in the records of the Director of Health and Human Services.
A. 
Suspension. Whenever a license has been suspended, the holder of the suspended license may make a written request for license reinstatement. Such written request shall specifically indicate how each of the conditions which caused the suspension have been corrected and shall be signed by the license holder. Within 10 days following receipt of written request, the Director of Health and Human Services shall make a reinspection. If the Director of Health and Human Services determines that the applicant has complied with the requirements of the chapter and the Public Health Code of the State of Connecticut, the license shall be reinstated.
B. 
Revocation. After a period of 60 days from the date of revocation, a written application may be made for the issuance of a new license, as provided for in §§ 112-9 and 112-10 of this chapter, and payment of the annual fee.
Prior to the issuance of a license and periodically thereafter, the Director of Health and Human Services shall visit every food service establishment within the City of Meriden to make as many inspections and additional reinspections as are necessary to ensure effective compliance with the enforcement of this chapter. Every person operating a food service establishment shall, upon the request of the Director of Health and Human Services, permit access during business hours, or, in the case of a public health hazard, upon notification by the Health Division, to all parts of the establishment to determine compliance with the requirements of this chapter and the examination of all records of food purchased or received if a public health hazard is suspected. If the Director of Health and Human Services discovers a violation of any provision of this chapter, he shall notify the responsible person of the condition found, provide a reasonable period for correction and explain that failure to correct within the specified time may result in suspension or revocation of the license or prosecution. An opportunity for a hearing will be provided if a written request for a hearing is filed with the Director of Health and Human Services within 48 hours following service of such notice, provided that when any condition found is deemed an imminent public health hazard, the Director of Health and Human Services shall send the operator an official notice of immediate suspension of the license. In the case of temporary food service establishments, violations must be corrected within a specified period of time not to exceed 24 hours. Failure to comply with such notice shall result in immediate suspension of the license.
A. 
Food from approved source. All food and drink in a food service establishment shall be from sources approved or considered satisfactory by the Director of Health and Human Services.
B. 
Examination. Food may be examined or sampled by the Director of Health and Human Services as often as necessary for enforcement of this chapter or the Public Health Code of the State of Connecticut.
C. 
Hold order. The Director of Health and Human Services may, upon written notice to the license holder or person in charge specifying with particularity the reason(s) therefor, place a hold order on any food or beverage which he believes is adulterated or otherwise unfit for human consumption. The Director of Health and Human Services 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. The Director of Health and Human Services shall direct storage of the food under conditions specified in the hold order without risk to the public health. The hold order shall state that a request for hearing may be filed with the Director of Health and Human Services within 48 hours, and that if no hearing is requested, the food shall be destroyed. Within 48 hours following receipt of a request for a hearing, the Director of Health and Human Services shall hold a hearing. On the basis of evidence procured at that hearing, the hold order may be rescinded or the license holder or person in charge of the food may be directed, by written order, to denature or destroy such food or bring it into compliance with the provisions of this chapter or the Public Health Code of the State of Connecticut.
D. 
Condemnation. Food shall be subject to immediate condemnation by the Director of Health and Human Services when it is found to be from an unapproved source or is found to be unfit for human consumption by reason of the appearance or odor of decomposition, adulteration, or by having been contaminated by exposure to water, smoke, fire, heat, lack of refrigeration or animal or insect contact. Exposure to nonfood chemicals in solid, liquid, or gaseous forms shall also be grounds for condemnation. Such action of condemnation shall only be used when, in the opinion of the Director of Health and Human Services, there is substantial risk that the suspected food would otherwise be used for human consumption, or if the license holder agrees in writing as to the grounds for condemnation.
A. 
All new and replacement equipment used in the storage, processing, holding and transportation of food shall conform with the design and fabrication standards of the National Sanitation Foundation, or equal.
B. 
A three-compartment sink shall be provided and used wherever washing and sanitization of equipment is conducted manually. The sink shall be a single unit and shall be constructed of galvanized metal or better. Sink compartments shall be of adequate length, width, and depth to permit the complete immersion of the equipment and utensils used in the operation of the facility. Each compartment shall be supplied with hot and cold running water. Drainboards or easily movable utensil tables of a size acceptable to the Director of Health and Human Services shall be provided at all dishwashing sinks. The design and location of such drainboards or utensil tables shall not interfere with the proper use of the dishwashing facilities.
C. 
Equipment in use in a food service establishment prior to the effective date of this chapter which does not fully meet all of the design and construction standards as stated may be continued in use, under the same ownership, if it is in good repair and is capable of being maintained in a sanitary condition, or is otherwise deemed acceptable by the Director of Health and Human Services.
The design, installation, and maintenance of grease interceptors shall comply with the requirements of the Department of Environmental Protection and the Water Pollution Control Authority.
In new or extensively remodeled establishments, at least one utility sink or curbed cleaning facility with a floor drain shall be provided and used for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water or similar liquid wastes. The sink or facility shall be equipped with hot and cold running water. The use of handwashing, utensil-washing, equipment-washing, or food preparation sinks for this purpose is prohibited.
A. 
When food service establishments are hereafter constructed or remodeled, or when existing structures are converted for use as food service establishments, properly prepared plans and specifications for such construction, remodeling or alteration, showing layout, arrangement and construction materials of work areas and location, size and type of equipment and facilities, shall be submitted to the Director of Health and Human Services for approval before such work is begun.
B. 
Information and application for plan review shall be submitted on forms approved by the Director of Health and Human Services. At the time of application, the applicant shall pay to the Director of Health and Human Services the required fee which shall be $100.
[Amended 6-6-2005]
C. 
The Director of Health and Human Services shall review and approve these plans and specifications prior to the start of construction, remodeling or conversion. No food service establishment shall be constructed, remodeled, or converted except in accordance with the plans and specifications approved by the Director of Health and Human Services. No building permit shall be issued until such time as the Director of Health and Human Services has submitted to the Building Official a written statement indicating his approval of plans and specifications. Existing establishments which have a change in ownership or license holder shall be reviewed by the Director of Health and Human Services prior to the issuance of a new license. Such establishments shall be required to make any physical modifications deemed necessary by the Director of Health and Human Services to bring the establishment into compliance with the provisions of this chapter and the Public Health Code of the State of Connecticut.
D. 
Whenever plans and specifications are required by this chapter to be submitted to the Director of Health and Human Services, the Director of Health and Human Services shall inspect the food service establishment as many times as he shall deem necessary prior to the start of operations to determine compliance with the approved plans and specifications and with the requirements of this chapter and the Public Health Code of the State of Connecticut. No certificate of occupancy shall be issued until such time as the Director of Health and Human Services has submitted to the Building Official a written statement indicating his approval of the food service establishment.
Food from service establishments outside the jurisdiction of the Director of Health and Human Services of the City of Meriden may be sold within the City of Meriden if such food service establishments conform to the provisions of this chapter or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the Director of Health and Human Services may accept reports from responsible authorities in other jurisdictions where such food service establishments are located.
[1]
Editor’s Note: Former § 112-22, Penalties for offenses other than suspension and revocation, was repealed 4-3-2017.
[Added 6-3-1996; amended 4-3-2017]
The provisions of this chapter may be enforced by citation up to $250 per violation, in addition to other remedies. The following persons have the authority to issue citations for violation pursuant to this section: the Director of Health and Human Services, Associate Director of Health, Environmental Health Administrator and any sanitarian.