[HISTORY: Adopted by the Town Council of the Town of Wallingford 4-24-2012 by Ord. No. 576. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 62.
Editor's Note: This ordinance also repealed former Ch. 122, Food-Service Establishments, adopted 2-26-2002 by Ord. No. 491.
All terms used herein that are not otherwise defined are located within Connecticut regulations and general statutes for food-service establishments.
The following definitions shall apply in the interpretation and the enforcement of this chapter:
- The condition of a food:
- (1) If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health.
- (2) 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.
- (3) If it consists, in whole or in part, of any filthy, putrid or decomposed substance or if it is otherwise unfit for human consumption.
- (4) If it has been processed, prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.
- (5) If it is, in whole or in part, the product of a diseased animal or an animal which has died otherwise than by slaughter.
- Acceptable to the Director of Health, based on determination as to conformance with appropriate standards and good public health practice.
- AUTHORIZED AGENT
- Any individual certified by the Connecticut Department of Public Health (CT DPH) to inspect food-service establishments and enforce the provisions and regulations of Connecticut state agencies under the supervision and/or authority of the Director of Health.
- DIRECTOR OF HEALTH
- The Director of Health of the Town of Wallingford or his designated representative.
- Any person working in a food-service 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.
- 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.
- FOOD-PROCESSING ESTABLISHMENT
- A commercial establishment in which food is processed or otherwise prepared and/or packaged for distribution for human consumption.
- FOOD-SERVICE ESTABLISHMENT
- Any fixed or mobile place where food is prepared and intended for individual service, such as restaurant; coffee shop; cafeteria; short-order cafe; luncheonette, grill; tea room; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial-feeding establishment; private, public or nonprofit organization or institution routinely serving food; grocery store; supermarket (combined grocery, deli, bakery); 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 where food is served or provided for the public with or without charge.
- 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 state or local labeling requirements.
- NONPROFIT ORGANIZATION
- An organization holding a tax-exempt status as defined by the United States Revenue Code, 26U.S.C. § 501, which is operated by an entity which is not associated with a branch of federal, state or local government.
- POTENTIALLY HAZARDOUS FOOD
- Any perishable food which consists, in whole or in part, of milk or milk products, eggs, meats, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
- TEMPORARY FOOD-SERVICE ESTABLISHMENT
- 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.
- UNSATISFACTORY INSPECTION
- An inspection where a rating score is below 80 and/or one or more four-point demerit item in violation regardless of score, utilizing the CT DPH standardized inspection form.
- In sound condition, clean, free from adulteration and otherwise suitable for use as human food.
Food supplies. All food in food-service establishments shall be from sources approved or considered satisfactory by the Director of Health and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding and safe for human consumption. No hermetically sealed, nonacid and low-add food which has been processed in a place other than a commercial food-processing establishment shall be used.
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 potentially hazardous food shall be cooked to an internal temperature and held at the required temperatures as defined in the Connecticut Public Health Code. 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 reserved.
Poisonous and toxic materials. Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitation purposes may be used or stored in food-service establishments. Poisonous and toxic materials shall be identified, stored and used only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or customers. Self-application of pest control products is prohibited; a pest control operator's license is required.
Health and disease control. No person known or suspected of being affected with any disease in a communicable form or while a carrier of such disease or while afflicted with infected wounds, sores, acute respiratory infection or gastrointestinal illness shall work in any area of a food-service establishment 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. If a food establishment 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, they shall notify the Director of Health. Ill food workers may be excluded from working with food at the discretion of the Director of Health as per CT DPH and Center for Disease Control guidelines for a minimum of 72 hours.
Cleanliness. All employees shall wear clean outer garments, maintain a high degree of personal cleanliness and conform to hygienic practices while on duty. Wearing of open-toed shoes and/or exposure of underarms while working in the kitchen area or engaged in food preparation is prohibited. Employees shall wash their hands thoroughly in an approved hand-washing 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.
Sanitary design, construction and installation of equipment and utensils.
All equipment and utensils shall be commercial-grade design and of such material and workmanship as to be smooth, easily cleanable, durable, nonabsorbent and shall be in good repair; and the food-contact surfaces of such equipment and utensils shall be easily accessible for cleaning, nontoxic, and corrosion-resistant.
All equipment shall be so installed and maintained as to facilitate the cleaning thereof and of all adjacent areas.
Single-service articles shall be made from nontoxic materials.
Cleanliness of equipment and utensils.
All eating and drinking utensils shall be thoroughly cleaned and sanitized after each use.
All food-contact surfaces of equipment used in the preparation or serving of food or drink and all food-storage utensils shall be thoroughly cleaned and sanitized after each use. Cooking surfaces of equipment shall be cleaned at least once a day. Non-food-contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition.
All food-contact surfaces of equipment and utensils shall be so stored and handled as to be protected from contamination. All single-service articles shall be stored, handled and dispensed in a sanitary manner and shall be used only once.
All food-service establishments shall have a three-compartment sink with drain board for proper ware washing. If installed, a mechanical ware washing machine must be an approved commercial unit.
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 equipment, utensils or containers are washed. Food establishments using well water are required to submit an annual well water report as per CT DPH requirements/guidelines.
Ice 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.
Sewage disposal. All sewage shall be properly disposed of in an approved sanitary manner. Food establishments served by on-site subsurface sewage are required to submit an annual clean-out report.
Plumbing. Plumbing shall be so sized, installed and maintained as to carry adequate quantities of water to required locations throughout the establishment; prevent contamination of the water supply; and to properly convey sewage and liquid wastes from the establishment. All Class 3 and 4 establishments are required to comply with Connecticut Department of Energy and Environmental Protection (CT DEEP) fats, oils, grease permit requirements (FOG).
Each food-service establishment shall be provided with adequate, conveniently located toilet facilities. The number of toilet fixtures shall be in conformance with state and local building requirements. Establishments with one to 15 seats shall have at least one unisex handicap-accessible toilet; establishments with greater than 15 seats shall have separate male/female toilet facilities, at least one of which is handicap accessible. Toilet facilities for patrons must not be accessed through the kitchen, food preparation or food storage areas. Exterior seasonal seating is not considered when calculating patron seating.
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 and waste receptacles shall be provided and such receptacles in toilet rooms for women shall be covered.
Hand-washing facilities. Each food-service establishment shall be provided with adequate, conveniently located hand-washing facilities, including in or immediately adjacent to lavatories, all areas where food is prepared/dispensed and equipment/utensil washing areas, equipped with hot and cold running water through a mixing valve or combination faucet, liquid hand soap and disposable sanitary towels or other approved drying devices. Such facilities shall be kept clean and in good repair.
Garbage and rubbish disposal. All garbage and rubbish shall be kept in leak-proof, nonabsorbent containers with tight-fitting lids. All enclosures, storage areas and containers shall be of adequate size and disposed of at sufficient frequency to prevent a nuisance. All garbage receptacles and containers shall be screened from public view and dumpsters shall be placed on nonporous surface to prevent rodent harborage.
Vermin control. Effective measures shall be taken to protect against the entrance into the establishment and the breeding or presence on the premises of vermin.
A temporary food-service establishment shall comply with all provisions of this chapter which are applicable to its operation, provided that the Director of Health may augment such requirements when needed to assure that food is served safely, may prohibit the preparation and sale of certain potentially hazardous food and may modify specific requirements for physical facilities when, in his opinion, no imminent hazard will result.
It shall be unlawful for any person to operate a food-service establishment within the Town of Wallingford who does not possess a valid permit issued by the Director of Health. Only a person who complies with the requirements of the chapter shall be entitled to receive and retain such a permit. A permit shall not be transferable from one person to another person or place. A valid permit shall be posted and visible to the public in every food-service establishment. Permits for temporary food-service establishments shall be issued for a period of time not to exceed 14 days.
Issuance of permits.
Any person desiring to operate a food-service establishment shall make written application for a permit on forms provided by the Director of Health. Permits expire June 30 of the calendar year, except if the application is for a temporary food-service establishment, it shall include the inclusive dates of the proposed operation, not to exceed 14 days. The applicant shall pay the required fee as hereinafter provided at the time of filing the application.
Upon receipt of such an application and fee, the Director of Health and/or authorized agent shall make an inspection of the food-service establishment to determine compliance with the provisions of this chapter and applicable regulations. When inspection reveals compliance with the applicable requirements, a permit shall be issued to the applicant by the Director of Health. Said permit shall be renewable each year after full compliance with all sections of this chapter.
A plan review application form as provided by the Health Department must be completed and submitted for review and approval at least 10 days prior to start of business for all newly constructed or extensively renovated existing establishments.
Inspection of food-service establishments. The Director of Health and/or authorized agent shall inspect each food-service establishment located in the Town of Wallingford and shall make as many additional inspections and reinspections as are necessary for the enforcement of this chapter.
Access to establishments. The Director of Health and/or his agents, after proper identification, shall be permitted to enter, at any reasonable time, any food-service establishment within the Town of Wallingford for the purpose of making inspections to determine the compliance with this chapter and applicable regulations. 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.
The inspection shall be conducted utilizing the CT DPH standardized inspection forms.
Food-service establishments outside jurisdiction of the Director of Health. Food from food-service establishments outside the jurisdiction of the Director of Health, including but not limited to itinerant food vendors, may be sold within the Town of Wallingford if such food-service establishments conform to the CT DPH regulations. To determine the extent of compliance with such provisions, the Director of Health may accept reports from responsible authorities in other jurisdictions where such food-service establishments are located.
Whenever the Director of Health and/or authorized agent finds unsanitary or other conditions in the operation of a food-service establishment which, in his judgment, constitute a substantial hazard to the public health, he shall issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken and specifying the time period within which such action shall be taken; and, if deemed necessary, shall immediately suspend the permit and that all food-service operations are to cease immediately.
Reinstatement of suspended permits. A reinspection shall be conducted within 10 days from the date of suspension to determine that the conditions causing suspension of the permit have been corrected.
Revocation of permits. For serious or repeated violations of any of the requirements of this chapter or for interference with the Director of Health and/or authorized agent, in performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Director of Health. Prior to such action, the Director of Health shall issue a legal notice of revocation to notify the permit holder, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of three days following service of such notice, unless a written request for a hearing is filed with the Director of Health, by the permit holder, within such three-day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.
Hearings. The permit holder may request a hearing conducted by the Director of Health within three days of the notice of revocation or suspension and will be given the opportunity to be heard and to show cause why the permit to operate the food establishment should not be suspended or revoked. Based upon findings of such hearing the Director of Health shall sustain, modify, or rescind any official notice or legal order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the Director of Health. Any permit holder who is issued a legal order to comply may appeal as per the appeal process afforded in the Connecticut General Statutes.
Procedure when infection is suspected. When the Director of Health has reasonable cause to suspect possibility of disease transmission from any food-service establishment employee, the Director of Health shall secure a morbidity history of the suspected employee or make other investigation as may be indicated and take appropriate action. The Director of Health may require any or all of the following measures:
The immediate exclusion or restriction of the employee(s) from all food-service activities.
The immediate closure of the food-service establishment concerned until, in the opinion of the Director of Health, no further danger of disease outbreak exists.
Submittal of samples for laboratory analysis of the employee(s) of bodily discharges.
Fees. The permit fees shall be as follows and based on food-service establishment classifications as defined in the Connecticut Public Health Code (Class I — Class IV). A food-service permit is valid from July 1 through June 30. The fee for applications received after March 31 will be half of the regular permit fee listed below.
The Director of Health or authorized agent shall determine the classification of each food-service establishment at the time of permit issuance. The classification shall be reviewed during each inspection and in no case less than annually.
The food-service establishment shall be placed into the highest classification that describes the food-service operations conducted. No food-service establishment shall change operations to a higher classification without prior approval by the Director of Health or authorized agent. The permit fees are as follows:
Unsatisfactory reinspection fee. A fee of $50 shall be assessed for each reinspection conducted as a result of an unsatisfactory inspection.
Repeat violation fee. A fee of $50 shall be assessed regardless of overall inspection rating if a violation that was noted is not corrected within specified time period.
Enforcement interpretation. This chapter shall be enforced by the Town of Wallingford in accordance with law by the Director of Health and/or authorized agent.