This chapter shall be liberally construed and applied to promote
its underlying purpose of protecting the public health.
The United States Food and Drug Administration's Food Code
("Food Code"), as adopted by reference in Connecticut General Statutes
§ 19a-36h, as well as adopted and promulgated by the State
of Connecticut Commissioner of Health, is hereby adopted and made
part of this chapter. All food establishments shall comply with the
requirements of the Food Code, as amended from time to time, any supplement
thereto published by the United States Food and Drug Administration,
and the Connecticut General Statutes and the Regulations of Connecticut
State Agencies, as applicable.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
Acceptable to the Director of Health based on a determination
as to conformance with the requirements of this chapter, the Food
Code and supplements, Connecticut General Statutes, the Regulations
of Connecticut State Agencies, and/or good public health practices.
A person designated by the Director of Health to act for
him or her in the performance of any of his or her duties. For any
person to be designated by the Director of Health to act for him or
her in the enforcement of this chapter, he or she must also be currently
certified as a food service sanitation officer by the Commissioner.
Has the same meaning as provided in § 19a-36g of
the Connecticut General Statutes.
A catering establishment, restaurant, or other fixed food
establishment in which food is kept, handled, processed, prepared,
packaged or stored with the intent of causing this food to be transported
elsewhere for service.
The State of Connecticut Commissioner of Public Health.
Has the same meaning as provided in Section 1-201.10 of the
Food Code.
The local Director of Health or his or her authorized agent.
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.
The United States Food and Drug Administration (FDA) Model
Food Code, as administered under Connecticut General Statutes § 19a-36h.
An operation that a) stores, prepares, packages, serves,
vends directly to the consumer or otherwise provides food for human
consumption, including, but not limited to, a restaurant, catering
food service establishment, food service establishment, temporary
food service establishment, itinerant food vending establishment,
market, conveyance used to transport people, institution or food bank;
or b) relinquishes possession of food to a consumer directly, or indirectly
through a delivery service, including, but not limited to, home delivery
of grocery orders or restaurant takeout orders or a delivery service
that is provided by common carriers. "Food service establishment"
does not include a vending machine, as defined in § 21a-34
of the Connecticut General Statutes, a private residential dwelling
in which food is prepared under § 21a-62a of the Connecticut
General Statutes or a food manufacturing establishment, as defined
in § 21a-151 of the Connecticut General Statutes.
The Director of Health, or his or her authorized agent, or
a registered sanitarian who has been certified as a food inspector
by the Commissioner.
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.
A vehicle-mounted self-contained mobile food establishment.
For the purposes of this chapter, a pushcart shall be considered an
itinerant food vending facility.
The written document issued by the Milford Health Department
that authorizes a person to operate a food establishment.
The person that is legally responsible for the operation
of the food establishment, such as the owner, the owner's agent,
or other person to whom a license to operate a food establishment
is issued.
Bottled, canned, cartoned, bagged, or securely wrapped, whether
packaged in a food establishment or a food processing plant.
Includes any individual, partnership, corporation, association,
or other legal entity.
The individual present at a food establishment who is responsible
for the operation at the time of inspection.
Has the same meaning as provided in Section 1-201.10 of the
Food Code.
Has the same meaning as provided in Section 1-201.10 of the
Food Code.
The conversion of raw food products into a state ready for
human consumption, including, but not limited to, cutting, washing,
heating, cooling and packaging.
A non-self-propelled vehicle that only offers for retail
sale food that is not time- or temperature-controlled for safety,
or commissary-wrapped food maintained at proper temperatures, or limited
to the preparation and serving of frankfurters, or limited to the
manufacture and sale of frozen desserts.
Any establishment or section of an establishment where food
and food products are offered to the consumer and intended for off-premises
consumption. The term includes delicatessens that offer prepared food
in bulk quantities only. The term does not include roadside markets
that offer only fresh fruits and fresh vegetables for sale.
A food establishment that operates at a fixed location for
a period of time greater than 14 days but not year-round.
A food establishment that operates at a fixed location for
a period of time of not more than 14 consecutive days in conjunction
with a single event or celebration.
A food that requires time/temperature control for safety
(TCS) to limit pathogenic microorganism growth or toxin formation.
A written document issued by the Commissioner of Public Health
that authorizes a modification or waiver of one or more requirements
of the Food Code.
A self-service device that, upon insertion of a coin, paper
currency, token, card, or key, or by electronic transaction or optional
manual operation, dispenses unit servings of food in bulk or in packages
without the necessity of replenishing the device between each vending
operation.
Where terms are not defined in this chapter and are defined
in either the Food Code and supplements, the Connecticut General Statutes,
the Regulations of Connecticut State Agencies or the Building, Fire
Safety or Public Health Codes, they shall have the same meanings ascribed
to them as in the Connecticut General Statutes or as in these codes.
Where terms are not defined under the provisions of either the
Food Code and supplements, the Connecticut General Statutes, the Regulations
of Connecticut State Agencies or the Building or Fire Safety Codes,
they shall have ascribed to them their ordinarily accepted meanings
or such as the context herein may 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.
If any provision or application of any provisions of this chapter
is held invalid, that invalidity shall not affect other provisions
of this chapter.
This chapter shall not affect violations of any other ordinance,
code or regulation existing prior to the effective date hereof. Any
such violation shall be governed and shall continue to be punishable
to the full extent of the law under the provisions of the ordinances,
codes or regulations in effect at the time the violation was committed.
In any case where a provision of this chapter is found to be
in conflict with a regulation of the Connecticut State Department
of Public Health and/or the Department of Consumer Protection existing
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 people shall prevail.
In the anticipation or the occurrences of a fire, flood, power
outage or similar event that might result in the contamination of
food, or that might prevent time/temperature control for safety food
(TCS) from being held at required temperatures, the person in charge
of a food establishment shall contact the Director of Health within
two hours of first notice. If said notice is received at a time when
the Health Department does not normally conduct regular business,
the person in charge shall notify the police dispatcher, who shall
continue to make all reasonable efforts to contact the Director of
Health.
No license holder or person in charge shall permit any person,
while infected with a disease in a communicable form that can be transmitted
by foods or who is a carrier of organisms that cause such a disease
or while afflicted with a boil, an infected wound, or an acute respiratory
infection, to work in a food establishment unless specifically authorized
by the Director of Health. If the owner, operator, or person in charge
of a food establishment has reason to suspect that any employee has
contracted any reportable diagnosis as specified in Section 2-201.11(A)(2)
of the Food Code, or any other communicable disease included on the
Commissioner's list of reportable diseases, emergency illnesses
and health conditions adopted pursuant to § 19a-2a of the
Connecticut General Statutes and that the Commissioner deems reportable
in relation to a foodborne outbreak, such owner, operator, or person
in charge shall immediately notify the local Director of Health.
(a)
Generally. A temporary food establishment shall comply with the requirements
of this chapter, Food Code and supplements, Connecticut General Statutes,
and the Regulations of Connecticut State Agencies, except as otherwise
provided in this chapter. The Director of Health or his or her authorized
agent may impose additional requirements to protect against health
hazards related to the conduct of the temporary food establishment;
may prohibit the sale of some or all time/temperature control for
safety foods (TCS); and when no health hazard will result, may waive
or modify requirements of this chapter.
(b)
Restricted operations.
(1)
These provisions are applicable whenever a temporary food establishment is permitted, under the provisions of Section 8-12(a) of this article, to operate without complying with all the requirements of this chapter.
(2)
Only those time/temperature control for safety foods (TCS) requiring
limited preparation, such as hamburgers and frankfurters that only
require seasoning and cooking, shall be prepared or served. The preparation
or service of other TCS foods, including pastries filled with cream
or synthetic cream, custards, and similar products, and salads or
sandwiches containing meat, poultry, eggs, fish or shellfish, is prohibited.
This prohibition does not apply if it can be shown to the full satisfaction
of the Director of Health or his or her authorized agent that a TCS
food can and will be prepared, packaged, stored, displayed or transported
under conditions and in facilities meeting the requirements of this
chapter, the Food Code and supplements, Connecticut General Statutes,
and the Regulations of Connecticut State Agencies.
