The Director of Health or a duly authorized designee shall have
authority to enter, during the usual hours of business, all places
and, in the case of itinerant vendors, all vehicles and shall be given
access to all vending machines within the City where food is manufactured,
processed, prepared, kept or stored, for the purpose of dispensing
or sale, and to inspect and test such food products and to condemn,
prohibit the sale of, and order the disposal of such food products
that are not safe, unadulterated, or honestly presented.
As used in this chapter, the following terms shall have the
meanings indicated:
CLASS 1 FOOD ESTABLISHMENT
A retail food establishment that does not serve a population
that is highly susceptible to foodborne 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.
CLASS 2 FOOD ESTABLISHMENT
A retail food establishment that does not serve a population
that is highly susceptible to foodborne illnesses and offers a limited
menu of food that is prepared or cooked and served immediately, or
that prepares or cooks food that is time or temperature controlled
for safety and may require hot or cold holding, but that does not
involve cooling.
CLASS 3 FOOD ESTABLISHMENT
A retail food establishment that A) does not serve a population
that is highly susceptible to foodborne 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.
CLASS 4 FOOD ESTABLISHMENT
A retail food establishment that serves a population that
is highly susceptible to foodborne 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.
DULY AUTHORIZED DESIGNEE
An individual certified by the State of Connecticut to inspect
food establishments, and designated to do so by the Director of Health.
FOOD
A raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use for sale in whole or in part
for human consumption.
FOOD CODE
The United States Food and Drug Administration's Food
Code, as amended from time to time, and any Food Code supplement published
by said administration.
FOOD ESTABLISHMENT
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.
PERSON
Includes but is not limited to any individual, partnership,
corporation, association, or public or private organization.
VENDING MACHINE
Any self-service device offered for public use upon public
or private property which, upon insertion of a coin, coins or token,
or by other means, dispenses unit servings of food or beverage, either
in bulk or in package, without the necessity of replenishing the device
between each vending operation.
The following activities are excluded from the licensing and
fee requirements of this chapter: 1) vending machines, 2) foods prepared
in a residential dwelling under Section 21a-62a of the Connecticut
General Statutes, and 3) nonpermanent fruit and vegetable stands which
do not require preparation, refrigeration, cooking and/or heating
of any kind, including but not limited to farmers' markets and
roadside stands.
Any license issued under this chapter shall be displayed in
a prominent place. Failure to so display the license shall be a violation
of this chapter.
When a food establishment incurs damage due to water, wind,
or fire, the Middletown dispensing license(s) will automatically be
suspended pending a site inspection of the premises. Upon satisfactory
completion of the inspection, the license shall be reinstated.
No person shall cook or serve food in a building owned by the
City of Middletown unless such person is a City of Middletown employee.
Nonprofit organizations are exempt from the provisions of this section.
The Common Council may authorize an exception to the provisions of
this section.