For the purpose of this chapter, the following terms shall have
the meanings indicated:
ADULTERATED
Has the meaning stated in the Federal Food, Drug, and Cosmetic
Act, § 402.
APPROVED
Acceptable to the Director of Health and Human Services based
on a determination of conformity with principles, practices, and generally
recognized standards that protect public health.
AUTHORIZED AGENT
The person designated by the Director of Health and Human
Services to act for him/her in the performance of their duties.
Aw
Water activity which is a measure of the free moisture in
a food, is the quotient of the water vapor pressure of the substance
divided by the vapor pressure of pure water at the same temperature,
and is indicated by the symbol "Aw."
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.
CONSUMER
A person who is a member of the public, takes possession
of food, is not functioning in the capacity of an operator of a food
service establishment or food processing plant, and does not offer
the food for resale.
EMPLOYEE
The permit holder, person in charge, food employee, person
having supervisory or management duties, person on the payroll, family
member, volunteer, person performing work under contractual agreement,
or other person working in a food establishment.
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.
FOOD
Any raw, cooked, or processed edible substance, ice, beverage
or ingredient used or intended for use or for sale in whole or in
part for human consumption, or chewing gum.
FOOD ESTABLISHMENT
A.
"Food establishment" means an operation that:
(1)
Stores, prepares, packages, serves, vends food directly to the
consumer, or otherwise provides food for human consumption such as
a restaurant, satellite or catered feeding location, catering operation
if the operation provides food directly to a consumer or to a conveyance
used to transport people, market, vending location, conveyance used
to transport people, institution, or food bank; and
(2)
Relinquishes possession of food to a consumer directly, or indirectly
through a delivery service such as home delivery of grocery orders
or restaurant takeout orders, or delivery service that is provided
by common carriers.
B.
"Food establishment" includes:
(1)
An element of the operation such as a transportation vehicle
or a central preparation facility that supplies a vending location
or satellite feeding location unless the vending or feeding location
is permitted by the regulatory authority; and
(2)
An operation that is conducted in a mobile, stationary, temporary,
or permanent facility or location; where consumption is on or off
the premises; and regardless of whether there is a charge for the
food.
C.
"Food establishment" does not include:
(1)
An establishment that offers only prepackaged foods that are
not time/temperature-control-for-safety foods;
(2)
A produce stand that only offers whole, uncut fresh fruits and
vegetables;
(3)
A food processing plant; including those that are located on
the premises of a food establishment;
(4)
A kitchen in a private home if only food that is not time/temperature-control-for-safety
food, is prepared for sale or service at a function such as a religious
or charitable organization's bake sale if allowed by law and if the
consumer is informed by a clearly visible placard at the sales or
service location that the food is prepared in a kitchen that is not
subject to regulation and inspection by the regulatory authority;
(5)
An area where food that is prepared as specified in Subsection
C(4) of this definition is sold or offered for human consumption;
(6)
A kitchen in a private home, such as a small family day-care
provider or a bed-and-breakfast operation that prepares and offers
food to guests if the home is owner-occupied, the number of available
guest bedrooms does not exceed 6, breakfast is the only meal offered,
the number of guests served does not exceed 18, and the consumer is
informed by statements contained in published advertisements, mailed
brochures, and placards posted at the registration area that the food
is prepared in a kitchen that is not regulated and inspected by the
regulatory authority; or
(7)
A private home that receives catered or home-delivered food.
FOOD PROCESSING PLANT
A commercial operation that manufactures, packages, labels,
or stores food for human consumption, and provides food for sale or
distribution to other business entities such as food processing plants
or food establishments. "Food processing plant" does not include a
food establishment.
GAME ANIMAL
An animal, the products of which are food, that is not classified
as livestock, sheep, swine, goat, horse, mule, or other equine in
9 CFR 301.2, Definitions, or as poultry, or fish. "Game animal" includes
mammals such as reindeer, elk, deer, antelope, water buffalo, bison,
rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic
reptiles such as land snakes. "Game animal" does not include ratites.
ITINERANT FOOD VENDING ESTABLISHMENT
A food vending business serving food or drink from any establishment
or conveyance without fixed location and without connection to water
supply and sewage disposal systems.
[Added 11-21-2022]
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 association, a corporation, individual, partnership, other
legal entity, government, or governmental subdivision or agency.
PERSON IN CHARGE
The individual present at a food service establishment who
is responsible for the operation at the time of inspection.
pH
A symbol for the negative logarithm of the hydrogen ion concentration,
which is a measure of the degree of acidity or alkalinity of a solution.
Values between 0 and 7 indicate acidity and values between 7 and 14
indicate alkalinity. The value for pure distilled water is 7, which
is considered neutral.
REGULATORY AUTHORITY
The local, state, or federal enforcement body or authorized
representative having jurisdiction over the food establishment.
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.
TIME/TEMPERATURE-CONTROL-FOR-SAFETY FOOD
A.
A food that requires time/temperature control for safety (TCS)
to limit pathogenic microorganism growth or toxin formation.
B.
Time/temperature-control-for-safety food includes:
(1)
An animal food that is raw or heat-treated; a plant food that
is heat-treated or consists of raw seed sprouts, cut melons, cut leafy
greens, cut tomatoes or mixtures of cut tomatoes that are not modified
in a way so that they are unable to support pathogenic microorganism
growth or toxin formation, or garlic-in-oil mixtures that are not
modified in a way so that they are unable to support pathogenic microorganism
growth or toxin formation; and
(2)
Except as specified in Subsection
E(4) of this definition, a food that because of the interaction of its Aw and pH values is designated as product assessment required (PA) in Table A or B of this definition:
C.
Table A. Interaction of pH and Aw for control of spores in food
heat-treated to destroy vegetative cells and subsequently packaged:
Aw values
|
pH: 4.6 or less
|
pH: >4.6 - 5.6
|
pH: >5.6
|
---|
<0.92
|
Non-TCS food*
|
Non-TCS food
|
Non-TCS food
|
>0.92 - 0.95
|
Non-TCS food
|
Non-TCS food
|
PA**
|
>0.95
|
Non-TCS food
|
PA**
|
PA**
|
|
|
|
|
*TCS food means Time/temperature-control-for-safety food
|
**PA means product assessment required
|
D.
Table B. Interaction of pH and Aw for control of vegetative
cells and spores in food not heat-treated or heat-treated but not
packaged.
Aw values
|
pH: <4.2
|
pH: 4.2 - 4.6
|
pH: >4.6 - 5.0
|
pH: >5.0
|
---|
<0.88
|
Non-TCS food*
|
Non-TCS food
|
Non-TCS food
|
Non-TCS food
|
0.88 - 0.90
|
Non-TCS food
|
Non-TCS food
|
Non-TCS food
|
PA**
|
>0.90 - 0.92
|
Non-TCS food
|
Non-TCS food
|
PA
|
PA
|
>0.92
|
Non-TCS food
|
PA
|
PA
|
PA
|
|
|
|
|
|
*TCS food means time/temperature-control-for-safety food
|
**PA means product assessment required
|
E.
"Time/temperature-control-for-safety food" does not include:
(1)
An air-cooled hard-boiled egg with shell intact, or an egg with
shell intact that is not hard-boiled, but has been pasteurized to
destroy all viable salmonellae;
(2)
A food in an unopened hermetically sealed container that is
commercially processed to achieve and maintain commercial sterility
under conditions of nonrefrigerated storage and distribution;
(3)
A food that because of its pH or Aw value, or interaction of
Aw and pH values, is designed as a Non-TCS food in Table A or B of
this definition;
(4)
A food that is designated as product assessment required (PA)
in Table A or B of this definition and has undergone a product assessment
showing that the growth or toxin formation of pathogenic microorganisms
that are reasonably likely to occur in that food is precluded due
to:
(a)
Intrinsic factors including added or natural characteristics
of the food such as preservatives, antimicrobials, humectants, acidulants,
or nutrients;
(b)
Extrinsic factors including environmental or operational factors
that affect the food such as packaging, modified atmosphere such as
reduced oxygen packaging, shelf life and use, or temperature range
of storage and use; or
(c)
A combination of intrinsic and extrinsic factors; or
(5)
A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the Subsections
E(1) through
(4) of this definition even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness of injury.
VARIANCE
A written document issued by the regulatory authority that
authorizes a modification or waiver of one or more requirements of
this code if, in the opinion of the regulatory authority, a health
hazard or nuisance will not result from the modification or waiver.
Where terms are not defined in this chapter and are defined
in either the FDA Food Code, 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
FDA Food Code, 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/her authorized
agent shall enforce the provisions of this chapter, the Connecticut
General Statutes, the FDA Food Code and the Public Health Code of
the State of Connecticut.
The Director of Health and Human Services or his/her 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. The
Director of Health and Human Services or his/her agent, after showing
proper identification, shall be permitted to enter, during normal
operating hours, any portion of any food establishment for the purpose
of making inspections to determine compliance with this chapter, the
FDA Food Code and the Public Health Code of the State of Connecticut.
In any case where a provision of this chapter is found to be
in conflict with the FDA Food Code, 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.
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.
[Amended 11-21-2022]
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,
unless such operation is otherwise authorized pursuant to the reciprocal
licensing procedures established under C.G.S. § 19a-36i
et seq. Each such licensee shall comply with the requirements of the
FDA Food Code, 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 from person to
person or from location to location. 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.
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.
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
Director of Health and Human Services, 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.
The design, installation, and maintenance of grease interceptors
shall comply with the requirements of the Department of Energy and
Environmental Protection and the Meriden 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.
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.
Any person who shall violate any provisions of this chapter,
the FDA Food Code, and/or the Public Health Code of the State of Connecticut
shall be guilty of a misdemeanor. Upon conviction thereof, such person
shall be subject to a fine of not more than $100 for each day that
an offense continues between the date of notice of violations and
the date of correction as known by reinspection, or the date of disposition
by a court of competent jurisdiction. Absent proof of a claim that
said violation(s) has (have) been corrected as herein provided for,
said violation(s) shall be deemed to have continued consecutively
each day during the period of time prior to said disposition. In addition
thereto, such persons may be enjoined from continuing such violation(s).
The provisions of this chapter may be enforced by citation,
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, the Associate Director of Health (in
Acting Status), the Environmental Health Administrator and any sanitarian.