[HISTORY: Adopted by the Board of Trustees of the Village of Potsdam 7-12-1971
as Ch. 61 of the 1971 Code. Section 102-11A amended at time of adoption of
Code; see Ch. 1, General Provisions, Art I. Other amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 10.
The purpose of this chapter is to define the terms "food," "potentially
hazardous food," "adulterated food," "misbranded food," "food-service establishment,"
"temporary food-service establishment," "food-processing establishment," "temporary
food-processing establishment," "retail meat, fish, grocery and supermarket
stores," "health authority," "utensils," "equipment," etc.; to provide for
the sale of only unadulterated, wholesome, properly branded food; to regulate
the sources of food; to establish sanitation standards for food, food protection,
food-service and food-processing personnel and personnel of retail meat, fish,
grocery and supermarket stores, food-service and food-processing operations,
retail meat, fish, grocery and supermarket stores, food equipment and utensils,
sanitary facilities and controls and other facilities; to require permits
for the operation of food-service and food-processing establishments and retail
meat, fish, grocery and supermarket stores; to provide for the examination
and condemnation of food; and to provide for the enforcement of this chapter
and the fixing of penalties.
The following definitions shall apply in the interpretation and the
enforcement of this chapter:
The condition of a food:
If it bears or contains any poisonous or deleterious substance in a
quantity which may render it injurious to health.
If it bears or contains any added poisonous or deleterious substance
for which no safe tolerance has been established by regulation or in excess
of such tolerance, if one has been established.
If it contains, in whole or in part, any filthy, putrid or decomposed
substance or if it is otherwise unfit for human consumption.
It if has been processed, prepared, packed or held under sanitary conditions,
whereby it may have been rendered injurious to health.
If it is, in whole or in part, the product of a diseased animal or an
animal which has died otherwise than by slaughter.
If its container is composed, in whole or in part, of any poisonous
or deleterious substance which may render the contents injurious to health.
Acceptable to the health authority, based on his determination as
to conformance with appropriate standards and good public health practice.
Fitted together snugly, leaving no openings large enough to permit
the entrance of vermin.
A material which maintains its original surface characteristics under
prolonged influence of the food, cleaning compounds and sanitizing solutions
which may contact it.
Readily accessible and of such material and finish and so fabricated
that residue may be completely removed by normal cleaning methods.
Any person working in a food or food-processing establishment who
transports food or food containers, who engages in food preparation or service
or who comes in contact with any food utensils or equipment
All stoves, ranges, hoods, meat blocks, tables, counters, refrigerators,
sinks, dishwashing machines, steam tables and similar items, other than utensils,
used in the operation of a food-service establishment.
Any place where fish, fish products, seafood and other related products
are sold at retail, and shall also include any place where the immediate preparation
of such products for sale at retail is conducted.
Any raw, cooked or processed edible substance, beverage or ingredient
used or intended for use or for sale, in whole or in part, for human consumption.
Those surfaces of equipment and utensils with which food normally
comes in contact and those surfaces with which food may come in contact and
drain back onto surfaces normally in contact with food.
A commercial establishment in which food is processed or otherwise
prepared and packaged for human consumption.
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; doughnut shop; grill; tearoom; sandwich shop; soda fountain;
tavern; cocktail lounge; nightclub; roadside stand; delicatessen; industrial-feeding
establishment; vending machine; private, public or nonprofit organization
or institution routinely serving food; catering kitchen; commissary or similar
place in which food or drink is prepared for sale or for service on the premises
or elsewhere; and any other eating or drinking establishment or operation
in which food is served or provided for the public, with or without charge.
Any place where processed and packaged foods and other related products
are sold to the public at retail for off-premises consumption.
The Health Officer, the Clerk, or any municipal employee or official
acting as the duly authorized representative of the Health Officer.
All multi-use utensils, other than tableware, used in the storage,
preparation, conveying or serving of food.
Any place where meat, meat products and other related products are
sold at retail, and shall also include any place where the immediate preparation
of such products for sale at retail is conducted.
The presence of any written, printed or graphic matter upon or accompanying
food or containers of food, which is false or misleading or which violates
any applicable federal, state or local labeling requirement.
Any food of such type or in such condition as may spoil or become
unwholesome.
Any perishable food which consists, in whole or in part, of milk
or milk products, eggs, meat, poultry, fish, shellfish or other ingredients
capable of supporting rapid and progressive growth of infectious or toxigenic
microorganisms.
Temperatures of 38° F. or below and 150° F. or above.
Effective bactericidal treatment of clean surfaces of equipment and
utensils by a process which has been approved by the health authority as being
effective in destroying microorganisms, including disease-producing bacteria.
Free of cracks or other openings which permit the entry or passage
of moisture.
Cups, containers, lids or closures; plates, knives, forks, spoons,
stirrers or paddles; straws, place mats, napkins, doilies or wrapping material;
and all similar articles which are constructed, wholly or in part, from paper,
paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible
materials and which are intended by the manufacturers and generally recognized
by the public as for one usage only, then to be discarded.
A retail self-service food establishment where food and other related
products are sold for off-premises consumption.
All multi-use eating and drinking utensils, including flatware, such
as knives, forks and spoons.
Any food-service establishment which operates at a fixed location
for a temporary period of time, not to exceed two weeks, in connection with
a fair, carnival, circus, public exhibition or similar transitory gathering.
Any tableware and kitchenware used in the storage, preparation, conveying
or serving of food.
Any device offered for public use which, upon insertion of a coin,
coins or token or by other means, dispenses a unit serving of perishable food
either in bulk or in package, without the necessity of replenishing the device
between each vending operation.
The person distributing or selling perishable food from a vending
machine.
In sound condition, clean, free from adulteration and otherwise suitable
for use as human food.
A.
Food supplies. All food in food-service establishments,
food-processing establishments, retail meat, fish or grocery stores and supermarkets
shall be from sources approved or considered satisfactory by the health authority
and shall be clean, wholesome, free from spoilage, free from adulteration
and misbranding. All milk and milk products shall be pasturized and safe for
human consumption. No hermetically sealed, nonacid and low-acid food which
has been processed in a place other than a commercial food-processing establishment
which is approved or considered satisfactory by the health authority shall
be used. All oysters, clams and other shellfish shall be from certified shippers
and, if shucked, shall be kept in the containers in which they were placed
at the shucking plants.
B.
Food protection. All food, while being stored, prepared,
displayed, served or sold at food-service establishments or during transportation
between such establishments, shall be protected from contamination. All perishable
food shall be stored at such temperatures as will protect against spoilage.
All potentially hazardous food shall be maintained at safe temperatures [38°
F. or below or 150° F. or above] except during the necessary period of
preparation and service. Raw fruits and vegetables shall be washed before
use. Stuffing, poultry, stuffed meats and poultry and pork and pork products
shall be thoroughly cooked before being served. Individual portions of food
once served to the customer shall not be served again, provided that wrapped
food which has not been unwrapped and which is wholesome may be re-served.
C.
Poisonous and toxic materials.
(1)
Only such poisonous and toxic materials as are required
to maintain sanitary conditions and for sanitization purposes may be used
or stored in food-service establishments, food-processing establishments,
retail meat, fish or grocery stores and supermarkets. Poisonous and toxic
materials shall be identified and shall be used only in such manner and under
such conditions as will not contaminate food or constitute a hazard to employees
or customers.
(2)
Such poisonous and toxic materials shall not be stored
in any kitchen on the same shelf or shelves as food items.
(3)
Shelves that contain poisonous or toxic materials shall
be designated and labeled poisonous materials so that all persons handling
food items shall be warned of their existence and potential hazard.
A.
Health and disease control. No person, while affected
with any disease in a communicable form or while a carrier of such disease
or while afflicted with boils, infected wounds, sores or an acute respiratory
infection, shall work in any area of a food-service establishment, food-processing
establishment, retail meat, fish or grocery store or supermarket in any capacity
in which there is a likelihood of such person contaminating food or food-contact
surfaces with pathogenic organisms or transmitting disease to other individuals;
and no person known or suspected of being affected with any such disease or
condition shall be employed in such an area or capacity. If the manager or
person in charge of the establishment has reason to suspect that any employee
has contracted any disease in a communicable form or has become a carrier
of such disease, he shall notify the health authority immediately. Further,
all persons engaged in the handling, preparation or distribution of food or
drink shall submit to any physical examination which the health authority
may require, and no owner, proprietor, manager or agent of any food-handling
establishment shall employ or retain in his employ any person who refuses
to submit to the required examination within three days from date of requirement
by the health authority.
B.
Cleanliness. All employees shall wear clean outer garments,
maintain a high degree of personal cleanliness and conform to hygienic practices
while on duty. They shall wash their hands thoroughly in an approved handwashing
facility before starting work and as often as may be necessary to remove soil
and contamination. No employee shall resume work after visiting the toilet
room without first washing his hands. Tobacco in any form shall not be used
in any area in which food is prepared or utensils washed or stored.
A.
Sanitary design, construction and installation of equipment
and utensils.
(1)
All equipment and utensils shall be so designed and of
such material and workmanship as to be smooth, easily cleanable and durable
and shall be in good repair, and the food-contact surfaces of such equipment
and utensils shall, in addition, be easily accessible for cleaning, and shall
be nontoxic, corrosion-resistant and relatively nonabsorbent, provided that,
when approved by the health authority, exceptions may be made to the above
materials requirements for equipment such as cutting boards, blocks and bakers'
tables.
(2)
All equipment shall be so installed and maintained as
to facilitate the cleaning thereof and of all adjacent areas.
(3)
Equipment in use at the time of adoption of this chapter
which does not meet fully the above requirements may be continued in use if
it is in good repair and capable of being maintained in a sanitary condition
and the food-contact surfaces are nontoxic.
(4)
Single-service articles shall be made from nontoxic materials.
B.
Cleanliness of equipment and utensils.
(1)
All eating and drinking utensils shall be thoroughly
cleaned and sanitized after each usage. All kitchenware and food-contact surfaces
of equipment, exclusive of food or drink, and all food-storage utensils shall
be thoroughly cleaned after each use. Cooking surfaces of equipment shall
be cleaned at least once a day. All utensils and food-contact surfaces of
equipment used in the preparation, service, display or storage of potentially
hazardous food shall be thoroughly cleaned and sanitized prior to such use.
Nonfood-contact surfaces of equipment shall be cleaned at such intervals as
to keep them in a clean and sanitary condition.
(2)
After cleaning and until use, all food-contact surfaces
of equipment and utensils shall be so stored and handled as to be protected
from contamination.
(3)
All single-service articles shall be stored, handled
and dispensed in a sanitary manner and shall be used only once.
(4)
Food-service establishments which do not have adequate
and effective facilities for cleaning and sanitizing utensils shall use single-service
articles.
A.
Water supply.
(1)
The water supply shall be adequate, of a safe, sanitary
quality and from an approved source. Hot and cold running water under pressure
shall be provided in all areas where food is prepared or where equipment,
utensils or containers are washed.
(2)
Water, if not piped into the establishment, shall be
transported and stored in approved containers and shall be handled and dispensed
in a sanitary manner.
(3)
Ice used for any purpose shall be made from water which
comes from an approved source and shall be used only if it has been manufactured,
stored, transported and handled in a sanitary manner.
B.
Sewage disposal. All sewage shall be disposed of in a
public sewerage system or, in the absence thereof, in a manner approved by
the health authority.
C.
Plumbing. Plumbing shall be so sized, installed and maintained
as to carry adequate quantities of water to required locations throughout
the establishment as to prevent contamination of the water supply and as to
properly convey sewage and liquid wastes from the establishment to the sewerage
or sewage disposal system and so that it does not constitute a source of contamination
of food, equipment or utensils or create an insanitary condition or nuisance.
D.
Toilet facilities. Each food-service establishment, food-processing
establishment, retail meat, fish or grocery store or supermarket shall be
provided with adequate, conveniently located toilet facilities for its employees.
Toilet fixtures shall be of sanitary design and readily cleanable. Toilet
facilities, including rooms and fixtures, shall be kept in a clean condition
and in good repair. The doors of all toilet rooms shall be self-closing. Toilet
tissue shall be provided. Easily cleanable receptacles shall be provided for
waste materials, and such receptacles in toilet rooms for women shall be covered.
Where the use of non-water-carried sewage disposal facilities have been approved
by the health authority, such facilities shall be separate from the establishment.
When toilet facilities are provided for patrons, such facilities shall meet
the requirements of this subsection.
E.
Hand-washing facilities. Each food-service establishment,
food-processing establishment, retail meat, fish or grocery store or supermarket
shall be provided with adequate, conveniently located hand-washing facilities
for its employees, including a lavatory or lavatories equipped with hot and
cold or tempered running water, hand-cleansing soap or detergent and approved
sanitary towels or other approved hand-drying devices. Such facilities shall
be kept clean and in good repair.
F.
Garbage and rubbish disposal. All garbage and rubbish
containing food wastes shall, prior to disposal, be kept in leakproof, nonabsorbent
containers which shall be kept covered with tight-fitting lids when filled
or stored or not in continuous use, provided that such containers need not
be covered when stored in a special verminproofed room or enclosure or in
a food-waste refrigerator. All other rubbish shall be stored in containers,
rooms or areas in an approved manner. The rooms, enclosures, areas and containers
used shall be adequate for the storage of all food waste and rubbish accumulating
on the premises. Adequate cleaning facilities shall be provided, and each
container, room or area shall be thoroughly cleaned after the emptying or
removal of garbage and rubbish. Food-waste grinders, if used, shall be installed
in compliance with state and local standards and shall be of suitable construction.
All garbage and rubbish shall be disposed of with sufficient frequency and
in such a manner as to prevent a nuisance.
G.
Vermin control. Effective measures shall be taken to
protect against the entrance into the establisment and the breeding or presence
on the premises of vermin.
A.
Floors, walls and ceilings.
(1)
The floor surfaces in kitchens, in all other rooms and
areas in which food is stored or prepared and in which utensils are washed
and in walk-in refrigerators, dressing or locker rooms and toilet rooms shall
be of smooth, nonabsorbent materials and so constructed as to be easily cleanable,
provided that the floors of nonrefrigerated, dry-food-storage areas need not
be nonabsorbent. All floors shall be kept clean and in good repair. Floor
drains shall be provided in all rooms where floors are subjected to flooding-type
cleaning or when normal operations release or discharge water or other liquid
waste on the floor. All exterior areas where food is served shall be kept
clean and properly drained, and surfaces in such areas shall be finished so
as to facilitate maintenance and minimize dust.
(2)
The walls and ceilings of all rooms shall be kept clean
and in good repair. All walls of rooms or areas in which food is prepared
or utensils or hands are washed shall be easily cleanable, smooth and light
colored and shall have washable surfaces up to the highest level reached by
splash or spray.
B.
Lighting. All areas in which food is prepared or stored
or utensils are washed, hand-washing areas, dressing or locker rooms, toilet
rooms and garbage and rubbish storage areas shall be well lighted. During
all cleanup activities, adequate light shall be provided in the area cleaned
and upon or around equipment being cleaned.
C.
Ventilation. All rooms in which food is prepared or served
or utensils are washed, dressing or locker rooms, toilet rooms and garbage
and rubbish storage areas shall be well ventilated. Ventilation hoods and
devices shall be designed to prevent grease or condensate from dripping into
food or onto food-preparation surfaces. Filters, where used, shall be readily
removable for cleaning or replacement. Ventilation systems shall comply with
applicable state and local fire-prevention requirements and shall, when vented
to the outside air, discharge in such manner as not to create a nuisance.
D.
Dressing rooms and lockers. Adequate facilities shall
be provided for the orderly storage of employees' clothing and personal
belongings. Where employees routinely change clothes within the establishment,
one or more dressing rooms or designated areas shall be provided for this
purpose. Such designated areas shall be located outside of the food preparation,
storage and serving areas and the utensil-washing and storage areas, provided
that when approved by the health authority, such an area may be located in
a storage room where only completely packaged food is stored. Designated areas
shall be equipped with adequate lockers, and lockers or other suitable facilities
shall be provided in dressing rooms. Dressing rooms and lockers shall be kept
clean.
E.
Housekeeping. All parts of the establishment and its
premises shall be kept neat, clean and free of litter and rubbish Cleaning
operations shall be conducted in such a manner as to minimize contamination
of food and food-contact surfaces. None of the operations connected with a
food-service establishment shall be conducted in any room used as living or
sleeping quarters. Soiled linens, coats and aprons shall be kept in suitable
containers until removed for laundering. No live birds or animals shall be
allowed in any area used for the conduct of a food-service establishment,
food-processing establishment, retail meat, fish or grocery store or supermarket
operations, provided that guide dogs accompanying blind persons may be permitted
in dining areas. Dry sweeping is prohibited in all areas.
A temporary food-service establishment shall comply with all provisions
of this chapter which are applicable to its operation, provided that the health
authority may augment such requirements when needed to assure the service
of safe food, may prohibit the sale of certain potentially hazardous food
and may modify specific requirements for physical facilities when, in his
opinion, no imminent health hazard will result.
A.
Compliance and location of machine. Each vending machine
shall comply with those requirements of this chapter that can be reasonably
deemed necessary to ensure safe and sanitary food and be located so as to
minimize the potential for contamination of the product.
B.
Servicing of machine. Each vending machine shall be serviced
from an establishment that complies with the requirements of this section.
C.
Protection of machines and contents in transit. Foods,
beverages, ingredients and product-contact surfaces of containers, equipment
and supplies shall be properly protected and maintained while in transit to
vending machines.
D.
Food temperature. Each vending machine shall be provided
with automatic controls that will place the machine in an inoperative condition
until serviced by the operator if the food-storage compartment attains a temperature
within the range of 45° F. to 145° F..
E.
Identification of operator. The name, address and business
phone number of each vending machine operator shall be painted, embossed or
otherwise securely attached to such machine. Such identification shall be
printed in legible English and so located on the machine to be easily read.
A.
Permit. It shall be unlawful for any person to operate
a food-service establishment, food-processing establishment, retail meat,
fish or grocery store or supermarket within this municipality or its police
jurisdiction who does not possess a valid permit issued to him by the health
authority. Only a person who complies with the requirements of this chapter
shall be entitled to receive and retain such a permit. Permits shall not be
transferable from one person to another person or place. A valid permit shall
be posted in every food-service establishment, food-processing establishment,
retail meat, fish or grocery store or supermarket in a conspicuous place in
the public sector. Permits for temporary food-service establishments shall
be issued for a period of time not to exceed 14 days.
(1)
Issuance of permits.
(a)
Any person desiring to operate a food-service establishment,
food-processing establishment, retail meat, fish or grocery store or supermarket
shall make written application for a permit on forms provided by the health
authority. Such application shall include the applicant's full name and
post office address and whether such applicant is an individual, firm or corporation,
and, if a partnership, the names of the partners, together with their addresses,
shall be included; the location and type of the proposed food-service establishment,
food-processing establishment, retail meat, fish or grocery store or supermarket;
and the signature of the applicant or applicants. If incorporated, a properly
executed list of officers, signed by an officer of the firm and impressed
with a corporate seal, shall be attached. If the application is for a temporary
food-service establishment, it shall also include the inclusive dates of the
proposed operations.
(b)
The permit and all renewals thereof shall be for an annual
period commencing on January 1 and continuing through December 31 of each
calendar year or any part thereof, but all such permits shall expire on December
31 of each calendar year. The applicant shall pay to the Clerk a fee of $5,
to be paid when the permit application and all renewals thereof are filed.
No part of said fee is refundable. Temporary food-service establishments shall
pay the same fee, file the same application and secure the same permit for
each temporary food-service establishment operated and for each period of
time the temporary food-service establishment operates during any calendar
year.
(c)
The health authority, before issuing a permit, shall
cause an inspection to be made of the food-service establishment at least
annually thereafter and shall cause additional inspections to be made as he
deems necessary for the proper enforcement of this chapter.
(d)
one copy of the inspection report shall be given by the
Health Officer or his authorized representative to the manager or operator
of the establishment, and the latest inspection report shall be kept on file
and shall not be defaced or removed by any person except the Health Officer
or his authorized representative. The original of the inspection report shall
be filed with the records of the Health Officer.
(e)
The person operating the food-service establishment,
food-processing establishment, retail meat, fish or grocery store or supermarket
shall, upon request of the Health Officer or his authorized representative,
permit access to all parts of the establishment and shall furnish copies on
demand or permit copying of any or all records of food purchased.
(2)
Suspension of permits.
(a)
Permits may be suspended temporarily by the health authority
for failure of the holder to comply with the requirements of this chapter.
(b)
Whenever a permit holder or operator has failed to comply
with any notice issued under the provisions of this section, the permit holder
or operator shall be notified in writing that the permit is, upon service
of the notice, immediately suspended and that an opportunity for a hearing
will be provided if a written request for a hearing is filed with the health
authority by the permit holder within five days of the service of said notice.
(c)
Notwithstanding the other provisions of this chapter,
whenever the health authority finds insanitary or other conditions in the
operation of a food-service establishment, food-processing establishment,
retail meat, fish or grocery store or supermarket which, in his judgment,
constitutes a substantial hazard to the public health, he may, without warning,
notice or hearing, issue a written notice to the permit holder or operator
citing such conditions, specifying the corrective action to be taken and specifying
the time period within which such action shall be taken; and, if deemed necessary,
such order shall state that the permit is immediately suspended and all food-service
operations are to be immediately discontinued. Any person to whom such an
order is issued shall comply immediately therewith but, upon written petition
filed within five days of the service of said notice to the health authority,
shall be afforded a hearing as soon as possible.
(3)
Reinstatement of suspended permits. Any person whose
permit has been suspended may, at any time, make application for a reinspection
for the purpose of reinstatement of the permit. Upon receipt of a written
request, including a statement signed by the applicant that, in his opinion,
the conditions causing suspension of the permit have been corrected, the health
authority shall make a reinspection. If the applicant is complying with the
requirements of this chapter, the permit may be reinstated.
(4)
Revocation of permits. For serious or repeated violations
of any of the requirements of this chapter or for interference with the health
authority in the performance of his duties, the permit may be permanently
revoked after an opportunity for a hearing has been provided by the health
authority. Prior to such action, the health authority shall notify the permit
holder in writing, stating the reasons for which the permit is subject to
revocation and advising that the permit shall be permanently revoked at the
end of five days following service of such notice unless a request for a hearing
is filed with the health authority by the permit holder within such five-day
period. A permit may be suspended for cause pending its revocation or a hearing
relative thereto.
(5)
Hearings. The hearings provided for in this section shall
be conducted by the health authority at a time and place designated by him.
Based upon the record of such hearing, the health authority shall make a finding
and shall sustain, modify or rescind any official notice or order considered
in the hearing. A written report of the hearing decision shall be furnished
to the permit holder by the health authority.
B.
Inspection of food-service and food-processing establishments.
(1)
Access to establishments. The health authority or his
representative, after proper identification, shall be permitted to enter,
at any reasonable time, any food-service establishment, food-processing establishment,
retail meat, fish or grocery store or supermarket within this municipality
or its police jurisdiction for the purpose of making inspections to determine
compliance with this chapter. He shall be permitted to examine the records
of the establishment to obtain pertinent information pertaining to food and
supplies purchased, received or used and persons employed.
(2)
Inspection records. Whenever the health authority makes
an inspection of a food-service establishment, food-processing establishment,
retail meat, fish or grocery store or supermarket, he shall record his findings
on an inspection report form provided for this purpose.
(3)
Issuance of notices. Whenever the health authority makes an inspection of a food-service establishment, food-processing establishment, retail meat, fish or grocery store or supermarket and discovers that any of the requirements of §§ 102-3 through 102-9 of this chapter have been violated, he shall notify the permit holder or operator of such violations by means of an inspection report form or other written notice.
C.
Examination and condemnation of food. Food may be examined
or sampled by the health authority as often as may be necessary to determine
freedom from adulteration or misbranding. The health authority may, upon written
notice to the owner or person in charge, place a hold order on any food which
he determines or has probable cause to believe to be unwholesome or otherwise
adulterated or misbranded. Under a hold order, food shall be permitted to
be suitably stored. It shall be unlawful for any person to remove or alter
a hold order, notice or tag placed on food by the health authority, and neither
such food nor the container thereof shall be relabeled, repacked, reprocessed,
altered, disposed of or destroyed without permission of the health authority,
except on order by a court of competent jurisdiction. After the owner or person
in charge has had a hearing and on the basis of evidence produced at such
hearing or on the basis of his examination in the event that a written request
for a hearing is not received within 10 days, the health authority may vacate
the hold order or may, by written order, direct the owner or person in charge
of the food which was placed under the hold order to denature or destroy such
food or to bring it into compliance with the provisions of this chapter, provided
that such order of the health authority to denature or destroy such food or
bring it into compliance with the provisions of this chapter shall be stayed
if the order is appealed to a court of competent jurisdiction within three
days.
D.
Food-service and food-processing establishments outside
jurisdiction of the health authority. Food from food-service and food-processing
establishments outside the jurisdiction of the health authority of this municipality
may be sold within this municipality if such food-service and food-processing
establishments conform to the provisions of this chapter or to substantially
equivalent provisions. To determine the extent of compliance with such provisions,
the health authority may accept reports from responsible authorities in other
jurisdictions where such food-service and food-processing establishments are
located.
E.
Plan review of future construction. When a food-service
or food-processing establishment is hereafter constructed or extensively remodeled
or when an existing structure is converted for use as a food-service or food-processing
establishment, properly prepared plans and specifications for such construction,
remodeling or alteration, showing layout, arrangement, including water supply
and sewage disposal systems, and construction materials of work areas and
the location, size and type of fixed equipment and facilities, shall be submitted
to the health authority for approval before such work is begun.
F.
Procedure when infection is suspected. When the health
authority has reasonable cause to suspect the possibility of disease transmission
from any food-service establishment, food-processing establishment, retail
meat, fish or grocery store or supermarket employee, the health authority
shall secure a morbidity history of the suspected employee or make such other
investigation as may be indicated and take appropriate action. The health
authority may require any or all of the following measures:
(1)
The immediate exclusion of the employee from all food-service
establishments, food-processing establishments, retail meat, fish or grocery
stores and supermarkets.
(2)
The immediate closure of the food-service establishment,
food-processing establishment, retail meat, fish or grocery store or supermarket
concerned until, in the opinion of the health authority, no further danger
of disease outbreak exists.
(3)
Restriction of the employee's services to some area
of the establishment where there would be no danger of transmitting disease.
(4)
Adequate medical and laboratory examinations of the employee,
of other employees and of his and their body discharges.
A.
Any person who shall violate any of the provisions of
this chapter shall be guilty of an offense and, upon conviction thereof, shall
be punished by a fine of not more than $250 or by imprisonment for a term
not to exceed 15 days, or both.[1]
C.
Each day upon which such a violation occurs shall constitute
a separate offense.
