This chapter is to be in aid of enforcement of the FDA Food Code and of any amendments thereof hereafter adopted, all of which deal with the sanitation of restaurants, food operations, and other places preparing and serving foods or beverages.
[HISTORY: Adopted 9-5-2024 by the Board of Selectmen of the Town of Somers, effective 8-15-2024. Amendments noted where applicable.]
Every person proposing to operate a food establishment shall make written application on forms provided by the Director of Health.
A.
All licenses to conduct, operate or maintain any food establishment shall be issued for a period of one year beginning December 31 and ending January 1 of the following year.
B.
Food establishment classifications:
(1)
"Class 1 food establishment" means a retail food establishment that does not serve a population that is highly susceptible to food-borne illnesses and only offers A) commercially packaged food in its original commercial package that is time or temperature controlled for safety, or B) commercially prepackaged, precooked food that is time or temperature controlled for safety and heated, hot held and served in its original commercial package not later than four hours after heating, or C) food prepared in the establishment that is not time or temperature controlled for safety.
(2)
"Class II food establishment " means a retail food establishment that does not serve a population that is highly susceptible to food-borne illnesses and offers a limited menu of food that is prepared, cooked and served immediately, or that prepares and cooks food that is time or temperature controlled for safety and may require hot or cold holding, but that does not involve cooling.
(3)
"Class III food establishment" means a retail food establishment that A) does not serve a population that is highly susceptible to food-borne illnesses, and B) offers food that is time or temperature controlled for safety and requires complex preparation, including, but not limited to, handling of raw ingredients, cooking, cooling and reheating for hot holding.
(4)
"Class IV food establishment" means a retail food establishment that serves a population that is highly susceptible to food-borne illnesses, including, but not limited to, preschool students, hospital patients and nursing home patients or residents, or that conducts specialized food processes, including, but not limited to, smoking, curing or reduced oxygen packaging for the purposes of extending the shelf life of the food.
Residents of the Town of Somers offering fresh fruits and vegetables grown on and sold from their own property shall be exempt from this chapter.
See Chapter 114,; Attachment 4.
The Director of Health may immediately suspend, without warning, prior notice or hearing, any license or other permit to operate a food service establishment if the operation constitutes an imminent or immediate and substantial hazard to public health, which shall include but is not limited to:
A.
A lack of equipment capable of maintaining the product temperature as required by the FDA Food Code.
B.
A food-borne illness outbreak reasonably connected to the food service establishment.
C.
The absence of potable water, supplied under pressure, in a quantity which, in the opinion of the Director of Health, is capable of meeting the needs of the facility.
D.
A backup of sewage into the facility or a sewage overflow on the premises.
E.
An infestation of vermin.
F.
A lack of facilities to wash, rinse, and sanitize food contact surfaces, equipment, and utensils.
G.
If there is a failure to correct a substantial violation that is continually found and reported on the inspection form.
H.
If the owner, operator or person in charge has interfered with the performance of the Director of Health's duties.
I.
If the certified food protection manager has an expired training certificate from a state-approved testing organization.