[HISTORY: Adopted by the Town of East Haddam 10-19-1999. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
One who has been certified by the State of Connecticut for
food establishment inspections.
The Director of Health for the Town of East Haddam or the
Registered Sanitarian, who is his/her authorized agent, who shall
enforce this chapter.
Any raw, cooked or processed edible substance, drink or ingredient,
including ice, used or intended for use, in whole or in part, or otherwise
handled for human consumption.
Any place, fixed or mobile, where food intended for human
consumption is manufactured, prepared, stored, offered for sale, sold,
served or given to the public or handled in any other manner for public
use, regardless of whether consumption is on or off the premises or
whether there is a charge for the food. The term does not include
private homes where food is prepared for individual family consumption.
A device automatically operated to supply food without the
direct supervision of a human being.
An evaluation of food handling operations to identify points
of potential product contamination and assess the adequacy of hot
processing and hot and cold storage methods of foods.
A food establishment which is seasonal in nature, i.e., not
to exceed a six-month duration in any given year.
Food establishments that may operate in the Town of East
Haddam at fixed locations for periods not to exceed 14 days in any
thirty-day period, in connection with a carnival, circus, public exhibition,
festival, or similar transitory gathering.
A.
The Director of Health or his/her authorized agent shall classify
each food service establishment at the time of licensure, license
renewal or other registration with the Director of Health.
B.
The food service establishment classification shall be reviewed during
each inspection, and in no case less than annually, and the establishment
shall be placed into the highest classification that describes any
of the food operations conducted. No food service establishment shall
change operations to a different classification without prior written
approval by the Director of Health or his/her authorized agent.
C.
The classes of food service 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 soups 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.
A.
No person shall operate a food establishment who does not have a
valid license issued to him/her by the Director of Health or certified
agent who has been duly authorized. Only a person who complies with
the requirements of this chapter and the Public Health Code of the
State of Connecticut[1] shall be entitled to receive or retain such a license.
Food service licenses are not transferable between or to another owner(s)
or principal operator. Change of ownership or principal operator(s)
shall immediately cause a reinspection and classification of the establishment,
together with the application for a new food service license and payment
of the appropriate fee. A valid license shall be posted prominently
in plain view in every food establishment. Licenses for temporary
food service establishments shall be issued for a period of time not
to exceed 14 consecutive days.
[1]
Editor's Note: See Regulations of Connecticut State Agencies
§ 19-13-A1 et seq.
B.
New license. Any person desiring to operate a food establishment
shall make a written application for a license on forms provided by
the Town Department of Health. Such application shall include the
name and address of the owner, principal operator, and the designated
qualified food operator (QFO), the location and type of the proposed
food establishment, and the signature of all applicants. If the application
is for a temporary food establishment, it shall also include the date(s)
of the proposed operation. Prior to approval of an application for
license, the Director of Health or his/her agent shall inspect the
proposed food establishment to determine compliance with the provisions
of this chapter and the Connecticut Public Health Code. Following
this inspection, payment of fee, and a review that the proposed food
establishment complies with the requirements of this chapter and the
Connecticut Public Health Code and any other applicable statutes,
ordinances or rules and regulations, the Director of Health shall
issue a license to the applicant.
C.
License renewal. All food service licenses shall expire on December
31 of each year and may be renewed by the same owner or operator for
another year upon application approval and payment of the annual fee.
Licenses not renewed by February 15 following shall be considered
lapsed and expired, and any subsequent application for renewal shall
trigger reinspection of the establishment. Seasonal food establishments
must complete the license renewal procedure no less than 45 days prior
to the scheduled annual opening of operations to the public.
D.
License suspension.
(1)
The Director of Health or Registered Sanitarian may, without prior
warning, notice, or hearing, suspend any license to operate a food
establishment if the license holder does not comply with requirements
of this chapter or the Connecticut Public Health Code, or if the operation
of the food establishment otherwise constitutes a substantial hazard
to public health, or for serious or repeated code violations, or for
interference with the Director of Health, Registered Sanitarian or
certified agent in the performance of their duties.
(2)
Whenever a license is suspended, the license holder or person in
charge shall be notified in writing that the license is, upon service
of the notice, immediately suspended and that an opportunity for an
appeal is provided if a written request for an appeal is filed with
the Director of Health by the license holder within 48 hours. If no
request for an appeal is filed within 48 hours, the suspension becomes
final. The Director of Health or Registered Sanitarian may end the
suspension at any time if the reasons for the suspension no longer
exist.
E.
Revocation of license. The Director of Health may, after providing
opportunity for an appeal, revoke a license for refusal to comply
with an order of suspension or serious or repeated violations of any
of the requirements of this chapter or of the Public Health Code of
the State of Connecticut. Prior to revocation, the Director of Health
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 an appeal is filed with the Director
of Health by the license holder within 48 hours. If no request for
an appeal is filed within 48 hours, the revocation of the license
becomes final.
F.
Reapplication for licensure. Whenever a suspension or revocation
of a license has become final, the holder of the suspended or revoked
license may make written application for reinstatement of the license
or for a new license. Such request for reinstatement of license must
contain a signed statement that the cited violations have been corrected.
A license holder or establishment that has had its license revoked
shall not be eligible for consideration for a new or renewed food
establishment license until 30 days have elapsed after the correction
of all defects and violations noted in prior inspection reports and
notices of violations.
Each person owning, operating or managing a food service establishment
designated as Class III or Class IV shall be a qualified food operator
(QFO) or shall employ on site at least one qualified food operator
who is in a supervisory position at said establishment. Documentation
for said QFO shall be maintained on file at the food service establishment
and provided to the local Director of Health or his/her agent on request.
Whenever the qualified food operator terminates employment, is terminated
or is transferred, the person owning, operating or managing the food
service establishment shall immediately notify the local health department
in writing. A replacement qualified food operator shall be employed
within 30 days from the date of termination or transfer of the qualified
food operator. Exempt from this QFO requirement (but from no other
food service regulations) are temporary food service establishments
and special events sponsored by nonprofit civic organizations such
as, but not limited to, school sporting events, little league food
booths, church suppers and fairs.
A.
All food service establishments shall be inspected by the Director
of Health, registered sanitarian, or an authorized agent of the Director
of Health. Such authorized inspectors from the Town or state health
department shall be permitted to enter, at any reasonable time, any
food service establishment for the purpose of making inspections to
determine compliance with this section and the Connecticut Public
Health Code.[1] All food service establishments are in four classes, as
designated by the Connecticut Public Health Code, including so-called
temporary, itinerant, seasonal/part-time, caterer, and vending/vendor.
[1]
Editor's Note: See Regulations of Connecticut State Agencies
§ 19-13-A1 et seq.
B.
Classified food service establishments.
(1)
Class I food service establishments shall be inspected at intervals
not to exceed 360 days.
(2)
Class II service establishments shall be inspected at intervals not
to exceed 180 days.
(3)
Class III food service establishments shall be inspected at intervals
not to exceed 120 days.
(4)
Class IV food service establishments shall be inspected at intervals
not to exceed 90 days, except that an interval not to exceed 120 days
may be allowed where one of the annual inspections is hazard analysis
inspection.
C.
Temporary food service establishments, itinerants, and mobile caterers
(not to exceed 14 business days of operation in any thirty-day period)
shall be licensed and inspected at the start of each term of business;
said operator, vendors and caterers must present verification of licensure
and inspection from their town of origin as well as meet all East
Haddam codes and regulations.
D.
Enforcement and reinspections.
(1)
All inspections shall be conducted according to the regulations and
procedures as stipulated in the Connecticut food protection codes.
Every food service establishment shall maintain a rating score of
80 or higher and shall not have one or more four-demerit-point items
in violation, regardless of the total rating score. If the establishment
fails this stipulation, the Director of Health or his/her agent shall
order correction of the items in violation within two weeks. After
the two weeks, the Director of Health or his/her agent shall make
a reinspection and determine the new rating score; all reinspections
are complete, not partial, inspections.
(2)
If at the time of reinspection the rating score is below 80 or there
is one or more four-demerit-point items, the Director of Health shall
take immediate steps to have the food service establishment closed.
E.
Unsanitary conditions. If there are unsanitary or other conditions
in the operation of a food service establishment which, in the judgment
of the Director of Health, constitute an immediate and substantial
hazard to the public health, he/she may immediately issue a written
notice to the permit holder or operator citing such conditions, specifying
the corrective action to be taken, and the time period within which
such action shall be taken, and, if deemed necessary, ordering immediate
correction. If correction is not made in the stated time, a written
order shall be issued to close the food service establishment.
F.
Hearings and appeals.
(1)
Hearings. An owner or operator may request a hearing to appeal an
order for license suspension or revocation. The hearing provided for
in this chapter shall be conducted by the Director of Health at a
time and place designated by the Director of Health. Based upon the
recorded evidence of such hearing, the Director of Health shall make
a final finding, and may vacate, modify or affirm any notice or order
considered in the appeal. A written report of the hearing decision
shall be furnished to the license holder by the Director of Health.
(2)
Appeals. The owner or operator of an establishment who is aggrieved
by such action of the Director of Health may, within 48 hours after
the making of such decision, appeal to the Connecticut Commissioner
of Public Health, who shall thereupon immediately notify the authority
from whose order the appeal was taken and examine the merits of such
case and may vacate, modify or affirm such action. The appeal to the
Commissioner must be delivered by hand or by mail to the office of
the Commissioner within the 48 hours or a telephone call must be made
to the office of the Commissioner within 48 hours with notification
of the intent to appeal followed by a letter of appeal.
A.
At the time of licensure or other registration with the Director
of Health, or at the time of annual license renewal, all food service
establishments shall pay an annual fee to the Town of East Haddam.
Fees or renewal of annual licensure shall be paid and delivered to
the Building Department at Town Hall on or before February 15 of each
year. Unpaid fees shall cause the food service license to immediately
expire.
B.
Annual fees are calendar-based and set as follows:
(1)
Class I: $75 per year.
(2)
Class II: $100 per year.
(3)
Class III: $150 per year.
(4)
Class IV: $200 per year.
(5)
Temporary license: $35 per registration, to a maximum of $350 per
calendar year; license valid for 14 consecutive days.
(6)
Vending machines owned by one vendor, per location: $25.
(7)
(Reserved)
(8)
Religious, civic, and philanthropic organizations: $5 for Class I
and II; $15 for Class III and Class IV.
(9)
Seasonal (less than 180 aggregate days of operation per year): 50%
fee, each classification.
(10)
Reinspection fee, each occurrence: $45. The imposition of this
fee or its payment shall not be deemed to excuse any violation found
pursuant to this chapter or to prevent the imposition of any penalty
prescribed by the chapter or other provision of law.
A.
Whenever a food establishment is constructed or remodeled and whenever
an existing structure is converted to use as food establishment, or
when a change is made in the menu requiring a change in equipment
or operation of an existing food establishment, properly prepared
plans and specifications for such construction, remodeling or alteration
or change shall be submitted to the Director of Health or certified
agent for review and approval before construction, remodeling or alteration
is begun. The plans shall indicate the proposed layout, construction
materials, arrangement of work and storage areas, location, size,
model and type of fixed or movable equipment and facilities which
must be NSF-approved or its equal. The menu, service expectations
and any other information necessary to evaluate the proposed construction
or alteration may be required for submission and evaluation.
B.
The Director of Health or certified agent shall approve the plans
and specifications if they meet the requirements of this chapter and
the Connecticut Public Health Code.[1] No food establishment shall be constructed, remodeled
or altered except in accordance with plans and specifications approved
by the Director of Health or certified agent. Upon change of ownership
of existing food establishments, upgrading of present facilities and
equipment as deemed appropriate for effective maintenance and satisfactory
operation may be required by the Director of Health or certified agent.
[1]
Editor's Note: See Regulations of Connecticut State Agencies
§ 19-13-A1 et seq.
C.
Preoperational
inspections. Whenever plans and specifications are required by this
chapter to be submitted to the Director of Health or certified agent,
the Director of Health, Registered Sanitarian or his/her certified
agent shall inspect the food establishment as may be necessary prior
to its beginning operation 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.
A.
Food may be examined by the Director of Health, Registered Sanitarian
or certified agent as often as necessary for enforcement of this chapter
or the Public Health Code of the State of Connecticut.[1] The Director of Health or certified agent may condemn
food or other related substances which have been subjected to fire,
smoke, flooding, sewage contamination, loss of refrigeration, improper
temperature requirements for potentially hazardous foods or other
serious mistreatment. An itemized list of such destroyed items as
required by the Director of Health or certified agent is to be kept
on record, a copy of which shall be made available to the license
holder upon request.
[1]
Editor's Note: See Regulations of Connecticut State Agencies
§ 19-13-A1 et seq.
B.
The Director of Health or certified agent, without prior written
notice, may at his/her discretion place a hold order on any food which
he/she believes is in violation of the Public Health Code of the State
of Connecticut or any section of this chapter. Confirmation of such
action shall be by written notice to the license holder by means of
an inspection report or notice of violation or his/her certified agent
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.
C.
The Director of Health shall permit storage of the food under conditions
specified in the hold order, unless storage is not possible without
risk to the public health, in which case immediate destruction shall
be ordered and accomplished. The hold order shall state that a request
for hearing may be filed with the Director of Health within 48 hours,
and that if no hearing is requested, the food shall be destroyed.
The Director of Health shall hold a hearing, if so requested, and
on the basis of evidence produced at the hearing, the hold order may
be vacated or the owner or person in charge of the food may be directed
by written order to denature or destroy such food or to bring it into
compliance with the provisions of this chapter or the Connecticut
Public Health Code.
Food from a food establishment outside the jurisdiction of the
Director of Health of the Town of East Haddam may be sold within the
Town of East Haddam if such food establishments conform to the provisions
of this chapter or to substantially equivalent provisions. The Director
of Health or certified agent may accept reports from responsible authorities
in other jurisdictions where such food establishments are located.
Any person who shall violate any of the provisions of this chapter
and/or the Public Health Code of the State of Connecticut[1] shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than $100. In addition
thereto, such persons may be enjoined from continuing such violation.
Each day upon which such a violation occurs shall constitute a separate
violation.
[1]
Editor's Note: See Regulations of Connecticut State Agencies
§ 19-13-A1 et seq.
A notice provided for in this chapter is properly served when
it is delivered or left with the license holder or person in charge
by means of an inspection report or other written notice or when it
is sent by registered or certified mail, return receipt requested,
to the last known address of the license holder. A copy of any notice
shall be filed in the records of the Director of Health.
