[Adopted 8-14-2019]
The purpose of this regulation is to ensure a uniform system
of regulation that food at retail is safe and properly protected and
presented.
This regulation is promulgated under the authority granted to
the South Hadley Board of Health pursuant to MGL c. 111, § 31,
stating in pertinent part that "boards of health may make reasonable
health regulations."
As used in this regulation, the following words shall have the
following meanings, unless the context requires otherwise:
A private, owner-occupied house where four or more rooms
are let and breakfast is included in the price charged.
A private, owner-occupied house where three or fewer rooms
are let and breakfast is included in the price charged.
A meal restricted to the following foods:
Beverages, such as coffee, tea and fruit juices.
Pasteurized Grade A milk.
Fresh fruits.
Frozen and commercially processed fruits.
Baked goods, such as pastries, rolls, breads, and muffins which
are nonpotentially hazardous food.
Cereals.
Homemade or commercial jams, jellies, honey and maple syrup.
Pasteurized Grade A creams and butters, nondairy creamers or
similar products.
Commercially manufactured hard cheeses, commercially manufactured
cream cheese and commercially manufactured yogurt.
A person who produces cottage food products only in the kitchen
of that person's primary domestic residence and only for sale
directly to the consumer.
Non-time/temperature control for safety baked goods, jams,
jellies, and other non-time/temperature control for food safety foods
produced at a cottage food operation.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption:
Such as a restaurant; satellite or catered feeding location
when these locations are equipped with facilities to prepare, store
or serve food; catering operation if the operation provides food directly
to a consumer or to a conveyance used to transport people; market;
retail bakery; vending location; institution; food bank; residential
kitchens in bed-and-breakfast homes and bed-and-breakfast establishments;
residential kitchens for a cottage foods operations; and
That 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 the food establishment or third parties.
"Food establishment" includes:
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
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.
"Food establishment" does not include:
An operation that only offers whole, uncut fresh fruits and
vegetables, unprocessed honey, pure maple products or farm fresh eggs
which are stored and maintained at 45° F. (7.2° C.) or below.
A food processing plant, including those that are located on
the premises of a food establishment;
A cottage food operation 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;
A kitchen in a private home that prepares food for distribution
to a charitable facility in accordance with MGL c. 94, § 328;
An area where food that is prepared as specified in 105 CMR
590.001(C)(1), Food Establishment, Subsection (3)(d), is sold or offered
for human consumption;
A kitchen in a private home, such as a family day-care provider;
or a bed-and-breakfast home that serves only a continental breakfast;
A kitchen in a private home that receives catered or home-delivered
food; or
Cooking classes that are held for educational purposes only.
The document issued by the regulatory authority that authorizes
a person to operate a food establishment.
The individual or entity that:
An association, a corporation, individual, partnership, other
legal entity, government, or governmental subdivision or agency.
The local, state, or federal enforcement body or authorized
representative having jurisdiction over the food establishment.
A.
It shall be the responsibility of permit holders of food establishments
to obtain a valid food establishment permit from the South Hadley
Board of Health or other regulatory authority, as necessary, prior
to operation of the food establishment and renew such permit annually
during the food establishment's existence.
B.
Food establishments shall comply with all local state and federal
laws and regulations including but not limited to the 2013 FDA Food
Code merged with 105 CMR 590 and this regulation.
This regulation shall be effective as of August 14, 2019.
