[HISTORY: Adopted by the Board of Selectmen of the Town of Bethel 6-25-1976.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The State of Connecticut Commissioner of Health.
The Director of Health of the Town of Bethel.
Any raw, cooked or processed edible substance, beverage or ingredient,
including ice, used or intended for use, in whole or in part, for human consumption.
Any vehicle or place where food or beverage intended for human consumption
is manufactured, prepared, stored, offered for sale, sold or served, including
but not limited to the following categories:
FOOD VENDING MACHINEA device automatically operated to supply food without direct supervision by a human being.
ITINERANT FOOD VENDINGThe serving of food and drink from any establishment or conveyance without fixed location and without connections to water supply and sewage disposal systems.
[Added 12-1-1979]
CATERING FOOD SERVICEThe sale or distribution of food and/or drink prepared in bulk at one geographic location for service in individual portions at another public or private premises not under the ownership or control of the operator of such service.
[Added 12-1-1979]
TEMPORARY ESTABLISHMENTAny place or location where food and/or drink is being served on an irregular basis for relatively short periods of time not exceeding 14 consecutive days.
[Added 12-1-1979]
No person, firm or corporation shall operate or maintain within the
Town an itinerant food vending business serving food or drink from any establishment
or conveyance without fixed location and without connections to water supply
and sewage disposal systems, except after compliance with the requirements
of this chapter.
No person, firm or corporation shall operate or maintain within the
Town a catering food service, which involves the sale or distribution of food
and drink prepared in bulk at one geographic location for service in individual
portions at another public or private premises not under the ownership or
control of the operator of such service except after compliance with the requirements
of this chapter.
A temporary establishment serving food or drink shall comply with all
provisions of this chapter which are applicable to its operation. The local
Director of Health may augment such requirements when needed to assure the
service of safe food, may prohibit the sale of potentially hazardous food
or drink consisting in whole or in part of milk or milk products, eggs, meat,
poultry, fish, shellfish or other ingredients capable of supporting the rapid
and progressive growth of infectious or toxigenic microorganisms or may modify
specific requirements of physical facilities when, in his opinion, no health
hazard will result.
It shall be unlawful for any person to operate a food establishment
within the Town of Bethel without the possession of a valid license issued
to him by the Director of Health. Only a person who complies with the requirements
of the Public Health Code of the State of Connecticut shall be entitled to
receive and retain such a license. Licenses shall not be transferable from
one person to another person or from one location to another. Licenses will
be issued yearly and shall expire on June 30 of each year. Permits for temporary
food service establishments shall be issued for a period not to exceed 14
days. The owner or proprietor of a food establishment or food vending machine
shall keep a valid license posted in a conspicuous public location, visible
to the patrons of the establishment and protected against defacement or damage
at all times.
[Amended 12-1-1979]
The following are exempt from the provisions of this chapter:
A.
Any person desiring to operate a food establishment must,
at least 10 days prior to the operating or change of ownership of such establishment,
make a written application for a license on forms provided by the Director
of Health. Such application shall include the applicant's full name, telephone
number and post office address; and if such applicant is a firm, corporation
or partnership, the names of all officers or partners, together with their
telephone numbers and addresses, shall be included. The location and type
of proposed food establishment and signature of the applicants shall also
be included.
B.
Upon receipt of an application, the Director of Health
or his representative shall make an inspection of the food establishment to
determine compliance with the provisions of this chapter. When inspection
reveals that the establishment complies with the requirements of this chapter,
a license shall be issued by the Director of Health, upon receipt of the required
fee.
[Amended 7-9-1990]
The regulations and standards of the Connecticut State Department of
Health and the Department of Consumer Protection, as may be amended, are herein
incorporated into this chapter.
A.
At least once every three months the Director of Health,
registered sanitarian or authorized agent who has been certified by the Commissioner
shall inspect each food-service establishment and shall make as many additional
inspections and reinspections as are necessary for the enforcement of this
chapter. Certification of each person conducting such inspections shall be
renewed every three years by the Commissioner.
B.
Access to establishments. The Director of Health, registered
sanitarian or authorized agent, after proper identification, shall be permitted
to enter, at any reasonable time, any food-service establishment 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 information
pertaining to food and supplies purchased, received or used and persons employed,
but not including financial records.
C.
Inspection records; weighted values; rating scores. Whenever
the Director of Health, registered sanitarian or authorized agent makes an
inspection of a food-service establishment, he shall record his findings on
an inspection report form and shall furnish a copy of such inspection report
form to the owner or operator. Such form shall summarize the requirements
of this chapter and shall set forth weighted point values for each such requirement.
Upon completion of an inspection, the Director of Health, registered sanitarian
or authorized agent shall total the weighted point values for all requirements
in compliance, such total becoming the rating score for the establishment.
The total weighted point value shall be scored for each item in violation.
[Amended 12-1-1979]
A.
Every food-service establishment shall maintain a rating
score of 80 or higher and shall not have one or more four-demerit-point items
in violation, regardless of the rating score. The four-demerit-point items
include food from an approved source, wholesome and unadulterated; potentially
hazardous food meets temperature requirements during storage, preparation,
display, service and transportation; unwrapped and potentially hazardous food
not re-served; toxic material properly stored, labeled and used; personnel
with infections restricted; personnel's hands washed; clean water source;
adequate, safe sewage disposal approved; no nuisance; no cross-connection,
backsiphonage, backflow; and adequate toilet and handwashing facilities, conveniently
and accessibly designed and installed. If the rating score is below 80 or
if there is one or more four-demerit-point items in violation at the time
of inspection, the Director of Health, registered sanitarian or authorized
agent shall order correction of the items in violation within two weeks. After
the two weeks, the Director of Health, registered sanitarian or authorized
agent shall make a reinspection and determine the new rating score.
B.
If the rating score at the time of the reinspection is
below 80 or if there is one or more four-demerit-point items in violation,
the Director of Health shall take immediate steps to have the food-service
establishment closed.
C.
However, if there are insanitary or other conditions
in the operation of a food-service establishment which, in the judgment of
the Director of Health, constitute an immediate and substantial hazard to
the public health, he may immediately 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, order immediate correction. If correction
is not made in the stated time, a written order shall be issued to close the
food-service establishment.
D.
If the rating score is 80 or above, the Director of Health,
registered sanitarian or authorized agent shall order correction of any violations
and specify time for correction.
E.
The owner or operator of any establishment may at any
time request an inspection for the purpose of improving the rating score of
the establishment. Within 10 days following receipt of a request, including
a signed statement that the violations have, in the applicant's opinion, been
corrected, the Director of Health, registered sanitarian or authorized agent
shall make an inspection and thereafter as many additional inspections as
he may deem necessary to assure himself that the applicant is complying with
the requirements of this section.
A.
A license may be temporarily suspended by the Director
of Health upon violations by the holder of any of the requirements of this
chapter for any condition that may be deemed an imminent public health hazard,
for serious or repeated violations or for interference with the Director of
Health or his representative in the performance of his duties.
B.
If the license is suspended, one copy of the notice of
violation shall be posted upon the window of the front entrance door of the
food establishment or upon the nearest window thereto in such a manner as
to be clearly visible to the general public from the exterior of such establishment.
Said notice of violation shall not be defaced or removed by any person except
the Director of Health or his representative.
C.
Any person whose license has been suspended must immediately
discontinue all food-service operations and may, at any time, make application
for a reinspection for the purpose of reinstatement of the license. Within
one week after receipt of a written request, accompanied by a signed statement
that the conditions responsible for the suspension have been corrected, the
Director of Health or his representative shall make a reinspection and any
additional reinspections deemed necessary, and if findings indicate satisfactory
correction, the license shall be reinstated by the Director of Health.
D.
A license may be permanently revoked by the Director
of Health if three suspensions of such license are ordered within any thirty-six-month
period. The permanent revocation of a license shall preclude any renewal of
said license or the granting of a new license to the former holder or another
person for the food establishment formerly licensed so long as the former
holder maintains an interest therein.
The owner or operator of an establishment aggrieved by an order, within
48 hours after such order, may appeal to the Director of Health, who shall
thereupon immediately examine the merits of such case and may vacate, modify
or affirm such order. The owner or operator of an establishment who is aggrieved
by such action of the Director of Health may, within 48 hours after the making
of such decision, appeal to the Commissioner of Health, who shall thereupon
immediately notify the authority from whose order the appeal was taken and
examine the merits of such case and may vacate, modify or affirm such action.
A.
When the Director of Health or his representative has
probable cause to believe a food or foodstuffs to be unwholesome or otherwise
unfit for human consumption, he shall take such samples as necessary for laboratory
examination. He will issue a receipt indicating the types and amounts of such
samples upon request.
B.
If it is deemed necessary, the Director of Health may,
upon written notice to the owner or agent of a food establishment, place a
hold order or embargo on any food which he has probable cause to believe to
be unwholesome or otherwise unfit for human consumption.
C.
It shall be unlawful for any person to remove or alter
a hold order, notice or tag placed upon such food, and neither shall such
food containers thereof be altered, disposed of, destroyed or opened, without
written permission of the Director of Health.
D.
Whenever the Director of Health shall find meats, fish,
vegetables, dairy products or perishable foods exposed, offered or intended
for sale in violation of any provisions of this chapter or in a state of degradation
which renders it, in his opinion, unwholesome or unfit for use as human food,
he shall condemn the same and cause it to be destroyed and disposed of in
such a manner as to make it impossible to be used thereafter as a human food.
When food establishments are hereafter constructed or remodeled, or
when existing structures are converted for use as food establishments, properly
prepared plans and specifications of the types of fixed equipment and sanitary
food-service facilities as specified in the State of Connecticut Health Code
shall be submitted to the Director of Health or his representative for approval
prior to the issuance of a building permit. This review shall be completed
within 30 days after filing. No certificate of occupancy shall be issued for
a building or part thereof which has been constructed or remodeled for a food
establishment until the Director of Health has certified that relevant aspects
of such construction or remodeling have been carried out in accordance with
approved plans.
[Amended 12-1-1979]
Any person who shall violate any provision of this chapter shall, in
addition to any other penalties provided herein, be subject to a fine of up
to $100 for each offense, and each day an offense continues shall be considered
a separate offense.
The granting of a license or permit hereunder shall not absolve the
applicant from meeting the requirements of any other applicable code or regulation.
