This regulation is adopted by the Plainville Board of Health
under the provisions of Massachusetts General Laws, Chapter 111, Section
31 and 127A in the exercise of its power to protect the health and
welfare of the public.
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.
BOARD
Refers to the Town of Plainville Board of Health.
CERTIFIED FOOD PROTECTION MANAGER
An individual who has shown proficiency of required information
through passing a certification examination that is part of an accredited
program recognized by the Department.
CODE
Refers to Chapter X of the Massachusetts State Sanitary Code,
105 CMR 590.000.
DEPARTMENT
Refers to the Massachusetts Department of Public Health.
FOOD ESTABLISHMENT
A.
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 not including farm trucks; institution; food bank;
residential kitchen in a bed-and-breakfast operation; residential
kitchen for a cottage foods operation; 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.
A 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.
Notwithstanding the exclusions set forth in the definition of
"food establishment" in 105 CMR 590.001, the following operations
shall be considered food establishments in the Town of Plainville:
(1)
An establishment that offers only prepackaged foods that are
not time/temperature control for safety foods.
(2)
An establishment that manufactures and/or offers edible marijuana
products.
HOURS OF OPERATION
Refers to all times during which personnel are on the premises
of a food establishment, including the hours prior to opening of the
food establishment and the hours after closing the food establishment.
PERSON
Includes an individual, partnership, corporation, and association
or other legal entity.
PERSON IN CHARGE
An individual who is at least 18 years of age who is the
permit holder or is employed by the establishment that has supervisory
and management responsibility and the authority to direct and control
food preparation and service and who is a certified food protection
manager.
If any provision or subpart thereof contained in this Food Permit
Regulation is found to be invalid or unconstitutional by a court of
competent jurisdiction, the validity of all remaining provisions or
subpart thereof shall not be so affected but shall remain in full
force and effect.
This regulation shall take effect immediately upon passage by
the Board of Health.