[HISTORY: Adopted by the Town Council of the Town of Wallingford 4-24-2012 by Ord. No.
576.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 62.
[1]
Editor's Note: This ordinance also repealed former Ch.
122, Food-Service Establishments, adopted 2-26-2002 by Ord. No. 491.
A.
All terms used herein that are not otherwise defined are located
within Connecticut regulations and general statutes for food-service
establishments.
B.
ADULTERATED
(1)
(2)
(3)
(4)
(5)
APPROVED
AUTHORIZED AGENT
DIRECTOR OF HEALTH
EMPLOYEE
FOOD
FOOD-PROCESSING ESTABLISHMENT
FOOD-SERVICE ESTABLISHMENT
MISBRANDED
NONPROFIT ORGANIZATION
POTENTIALLY HAZARDOUS FOOD
TEMPORARY FOOD-SERVICE ESTABLISHMENT
UNSATISFACTORY INSPECTION
WHOLESOME
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 consists, in whole or in part, of any filthy, putrid or
decomposed substance or if it is otherwise unfit for human consumption.
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.
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.
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.
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.
A commercial establishment in which food is processed or
otherwise prepared and/or packaged for distribution for human consumption.
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.
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.
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.
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.
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.
A.
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.
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 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.
C.
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.
A.
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.
B.
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.
A.
Sanitary design, construction and installation of equipment and utensils.
(1)
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.
(2)
All equipment shall be so installed and maintained as to facilitate
the cleaning thereof and of all adjacent areas.
(3)
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 use.
(2)
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.
(3)
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.
(4)
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.
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 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.
(2)
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.
B.
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.
C.
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).
D.
Toilet facilities.
(1)
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.
(2)
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.
E.
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.
F.
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.
G.
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.
A.
Permits.
(1)
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.
(2)
Issuance of permits.
(a)
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.
(b)
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.
(c)
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.
B.
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.
(1)
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.
(2)
The inspection shall be conducted utilizing the CT DPH standardized
inspection forms.
(3)
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.
(4)
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.
C.
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.
D.
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.
E.
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.
F.
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:
(1)
The immediate exclusion or restriction of the employee(s) from all
food-service activities.
(2)
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.
(3)
Submittal of samples for laboratory analysis of the employee(s) of
bodily discharges.
G.
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.
(1)
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.
(2)
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:
(3)
Unsatisfactory reinspection fee. A fee of $50 shall be assessed for
each reinspection conducted as a result of an unsatisfactory inspection.
(4)
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.
H.
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.