[HISTORY: Adopted by the Board of Selectmen of the Town of Brookfield 1-7-2019. Amendments noted where applicable.]
Zoning — See Ch. 242.
Editor's Note: This ordinance also superseded former Ch. 134, Food Service Establishments, adopted 6-4-2012.
This chapter shall be known as the "Food Establishment Licensing Ordinance."
No person(s), corporation(s), or other business entities shall operate or maintain within the Town of Brookfield any food establishment, including temporary food establishments, or food store/market unless licensed by the Director of Health or an agent so designated by the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- FARMERS' MARKET
- A formally organized and regularly scheduled event for the sale of food produce and products under the general guidelines and auspices of the State Department of Agriculture, to permit and encourage farmers to sell produce and products at a designated location. Farmers' markets will not be required to obtain a license from the Brookfield Health Department, unless the market, individual persons or food establishments engage in temporary event food services or food preparation as defined in Chapter 1, Section 1-201.10 of the FDA Food Code. Section 22-6s(b) of the Connecticut General Statutes allows that any permit issued by a local health department (LHD) in a certified farmers’ market is valid at any other certified farmers’ market with the provision that the operation is the same as was approved by the LHD that issued the original license.
- FDA FOOD CODE
- The Food Code of the United States Food and Drug Administration, as amended from time to time, and as adopted by the State of Connecticut.
- A. An operation that:
- (1) 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
- (2) 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.
- B. "Food establishment" does not include a vending machine, as defined in Section 21a-34 of the General Statutes, a private residential dwelling in which food is prepared under Section 21a-62a of the General Statutes or a food manufacturing establishment, as defined in Section 21a-151 of the General Statutes.
- FOOD STORE/MARKET
- Any person, firm or corporation who sells or keeps for sale any groceries, bakery products, confectioneries, meats, fish, vegetables, or fruit.
- ITINERANT FOOD VENDING ESTABLISHMENT
- A vehicle-mounted, self-contained, mobile food establishment.
- TEMPORARY FOOD ESTABLISHMENT
- A food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
Application for a license to maintain or operate a food establishment shall be made to the Director of Health, or his designated agent, on forms furnished by the Department of Health. No permit to operate a food establishment shall be issued by a Director of Health unless the applicant has provided the Director of Health with proof of registration with the Department of Public Health and a written application for a permit in a form and manner prescribed by the Department. Temporary food establishments and certified farmers' markets, as defined in Section 22-6r of the General Statutes, as amended by this act, shall be exempt from registering with the Department of Public Health. No application, or reapplication submitted after December 31, 2018, can be approved by the local health department, without first registering the food establishment with the Commissioner of Public Health, through the State Food Protection Program. The annual fee payable to the Town of Brookfield for each license shall be set, from time to time, by the Board of Selectmen. [Note: Fees for temporary food events may be waived, at the discretion of the Director of Health, for not-for-profit organizations holding a valid 501(c) 3 exemption.]
All food establishments, temporary food events and farmers' market vendors shall be classified per the guidelines of the FDA Food Code as elucidated in the State of Connecticut Public Act 17-93 (2017). No food service provider may change classification without the permission of the Director of Health or his/her designated agent. Food service establishments will be checked and reclassified as necessary at the time of the licensing inspection. The fee and application form shall be collected prior to licensing. All licenses, except for temporary events and farmers' markets, shall expire one year from date of issue and are nontransferable. The licensing fee shall be waived for bona fide charitable, religious and other nonprofit organizations.
No license to maintain or operate a food service establishment, food store/market, farmers' market or temporary food event within the Town of Brookfield shall be issued by the Director of Health, or the Town's designated agent, unless such application is accompanied by a certification from the Tax Collector that all real property and personal property taxes due and owing to the Town are paid or not delinquent more than one year. See Connecticut General Statutes §12-146a.
All relevant sections of the FDA Food Code in their entirety, and as they may be amended from time to time, are hereby made a part of this chapter and shall apply in all cases except where the provisions of this chapter shall prescribe a more stringent requirement.
If any licensed or unlicensed food establishment is found to be operated, maintained, or equipped in violation of existing health codes and ordinances or is found to be operated, maintained, or equipped so as to jeopardize the public health, the Director of Health, or his designated agent, shall order the removal or abatement of the violation of the existing health codes and ordinances, within such time as the Director or agent may institute and maintain a civil action for injunctive relief pursuant to the provisions of Section 19a-206 of the Connecticut General Statutes. Such violation may constitute a Class C misdemeanor, and the Director may suspend or revoke the license of such food service establishment until such time as the violation is removed or abated. Food service operations at the establishment will cease until such time that the violation is removed or abated and the Director reinstates said license and authorizes food service operations to resume.
Whenever a food service establishment is constructed or substantially remodeled, and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for construction, remodeling, or alteration shall be submitted to the Director of Health, or his authorized agent in the Health Department, for review and approval before construction, remodeling or alterations are begun. The plans and specifications shall indicate the proposed layout, arrangement, and construction materials of work areas and the type and model of proposed fixed equipment and facilities. The Director of Health or his/her agent shall approve the plans and specifications if they meet the requirements of the FDA Food Code and this chapter. No food service establishment shall be constructed, remodeled, or altered except in accordance with plans and specifications approved by the Director of Health or his/her agent. Approval by the Director of Health or his agent shall be separate from and independent of any other review, permit, inspection or approval which may be required by the Town of Brookfield or State of Connecticut. Applicable fees as set from time to time by the Board of Selectmen for such plan review may apply.
Whenever plans and specifications are required by the provisions of this chapter, to be submitted to the Director of Health, the Director of Health or his authorized agent shall inspect the food service establishment, farmers' market or temporary food event prior to its beginning operation to determine compliance with the approved plans and specifications, and with the requirements of this chapter and the FDA Food Code.
All food service establishments supplied by on-site private wells (non-community water supplies) shall submit to the Director of Health an analysis of their water supply prior to the issuance of their yearly license to operate, and annually thereafter. The analysis must be performed by a water-testing laboratory licensed by the State of Connecticut. A test for E. coli bacteria will be required on a yearly basis. All water supplies must be from a public water system regulated by the State Department of Public Health.
In addition, the Director of Health may require testing for uranium and arsenic on any newly drilled or modified wells under the authority of Connecticut’s Public Health Code, Section 19a-37F.
Failure to submit such water analyses shall subject the owner or operator of such establishment to a fine of $100 and the suspension of the establishment's license to operate. Such food service establishment shall remain closed until submission of the water test results.
All food establishments which demonstrate violations of the FDA Food Code will require correction of said violations within the time period as set by the FDA Food Code. Priority violations must be corrected within 72 hours; priority foundation items within 10 days. Violations which threaten the immediate health of consumers will be corrected on site at the time of the inspection. Persisting violations may constitute a Class C misdemeanor. Reinspection will be conducted at the discretion of the Brookfield Health Department depending on the severity of the violation. The Department may approve a compliance schedule that extends beyond the time limits specified by the FDA Food Code if a written schedule of compliance is submitted by the license holder and no health hazard exists or will result from allowing an extended schedule for compliance.
Persisting violations may constitute a Class C misdemeanor. Reinspection will be conducted, at the discretion of the Brookfield Health Department, depending on the severity of the violation. If a facility fails its reinspection, the Director of Health shall act to close the facility. This action will be initiated by a Hearing between the owner and/or manager of the facility and the Director of Health or his/her authorized agent. The hearing shall be scheduled within five working days of the failed reinspection, or at a time agreeable to the Director of Health, with the purpose of establishing a timeline for correction of debited items. Failure to meet the timeline of correction may result in suspension of the establishment’s food permit and/or closure of the facility.
The fee for reinspection will be $75, or as set from time to time by the Board of Selectmen and payable to the Town of Brookfield at the time of reinspection.
A late fee of 1/2 the annual fee shall be assessed if the annual fee is not paid within 30 days of the date due. Thereafter, interest at the rate of 18% per annum will be assessed on any outstanding balance.
Any person aggrieved by an order issued by the Director of Health or his/her agent may, within 48 hours after the issuance of such order, appeal to the Commissioner of Public Health of the State of Connecticut, pursuant to the provisions of Section 19a-229 of the Connecticut General Statutes. Said appeal shall not stay said order unless a stay is requested of and issued by the Commissioner of Public Health.