Chapter 7.12
FOOD ESTABLISHMENTS

Sections:

7.12.010    Definitions.

7.12.020    Permit regulations.

7.12.030    Application of permits.

7.12.040    Inspection of food establishments.

7.12.050    Walls - Ceilings.

7.12.060    Floors.

7.12.070    Doors - Windows.

7.12.080    Lighting.

7.12.090    Ventilation.

7.12.100    Water supply.

7.12.110    Toilet facilities.

7.12.120    Lavatory facilities.

7.12.130    Construction of utensils and equipment.

7.12.140    Cleaning.

7.12.150    Bactericidal treatment.

7.12.160    Utensils and equipment - Storage - Handling.

7.12.170    Waste disposal.

7.12.180    Refrigeration.

7.12.190    Food sources.

7.12.200    Storage - Display.

7.12.210    Cleanliness of employees.

7.12.220    Clutter.

7.12.230    Living quarters.

7.12.240    Itinerant food establishments.

7.12.250    Health of employees.

7.12.260    Notification of disease.

7.12.270    Procedure when infection suspected.

7.12.280    Enforcement.

7.12.290    Condemnation - Embargo.

7.12.010 Definitions.

The following definitions shall apply in the interpretation and the enforcement of this chapter:

(1) "Food establishment" means any restaurant, drinking place, grocery, food, meat and seafood market, and itinerant food handling establishments as hereinafter defined. Food establishment shall not be construed to mean those establishments or vendors which sell or deliver only packaged foods which are not removed from their original containers from the time of processing and packing in an approved plant until reaching the ultimate consumer. Foods sold or delivered by the establishments and vendors shall be kept in clean containers or cabinets so constructed as to prevent contamination by dust and insects. Foods which are perishable or which will support the growth of organisms which will produce illness or disease shall be kept at a temperature of 50 degrees Fahrenheit or less.

(2) "Restaurant" means any place where food and drink is served to or provided for the public with or without charge; such as hotels, restaurants, cafes, cafeterias, coffee shops, boarding houses, street vendors or stalls, private, public, parochial or Sunday schools, churches and public institutions, railway stations and recreational and labor camps, and similar establishments, as well as kitchens and other places in which food is handled or prepared for service elsewhere to the public.

(3) "Drinking places" means any place where drink is served to or provided for the public with or without charge, such as bars, taverns and soda fountains.

(4) "Grocery, food market, and meat market" means any place, wholesale or retail, where food or meats, in bulk or package form, are provided for the public for preparation and service elsewhere and includes roadside stands. This definition shall not be interpreted to include slaughterhouses and bakeries.

(5) "Itinerant food establishments" means a food establishment operating for a period of 30 days or less, or in connection with a fair, carnival, circus, public exhibition, or other similar gathering. Itinerant food establishment shall not be construed to mean those establishments or vendors which sell or deliver only packaged foods which are not removed from their original containers from the time of processing and packing in an approved plant, until reaching the ultimate consumer.

(6) "Employee" means any person working in any of the establishments defined in (1) through (5), who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed at any time in a room in which food or drink is prepared or served.

(7) "Utensils" includes any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation, or serving.

(8) "Permit" means a written permit issued to a food establishment by the health officer which designates the establishment as one having met all the requirements of this code.

(9) "Provisional permit" means a written permit issued by the health officer to a food establishment that has not met all the requirements as stated in these rules and regulations.

(Res. adopted December 17, 1962).

7.12.020 Permit regulations.

(1) It is unlawful for any person to operate a food establishment who does not possess a permit from the health officer and in whose place of business the permit is not posted in a conspicuous place. Such a permit may be suspended by the health officer or revoked after an opportunity for a hearing by the health officer upon violation by the holder of any of the terms of the permit issued under the provisions of this chapter. No permit may be required for an establishment operated by public institutions or by nonprofit organizations operated for charitable purposes, or a food establishment operated as a grocery, food, meat or seafood market.

(2) The permit fee for each food establishment shall be $10.00 for each calendar year or part thereof. All permits issued hereunder shall terminate on December 31 in the year of issuance. The permit fee for each itinerant food establishment shall be $2.00.

(3) Provisional permits may be issued for varying lengths of time up to one year at the discretion of the health officer. Provisional permits may not be renewed more than once for the same establishment.

(4) Any food establishment which has had a permit suspended may, at any time, make application for its reinstatement. Within one week after the receipt of a satisfactory application accompanied by a statement signed by the applicant that the violated item or items have been corrected, the health officer or his authorized representative shall make a reinspection to determine if the applicant has complied with the requirements. Thereafter, the health officer may have as many additional reinspections made as he may deem necessary to determine compliance and shall reinstate the permit when all requirements have been met.

(5) No permit granted hereunder shall be transferable without the consent of the health officer, nor shall any permit entitle the holder thereof to conduct the business in any place other than that specified in the permit.

(Res. adopted December 17, 1962).

7.12.030 Application of permits.

(1) Every person desirous of operating a food establishment shall make an annual application to the health officer on a form provided by him for a permit to operate.

(2) Upon receipt of an application for a permit or renewal permit, if the place of business meets the provisions of this chapter, the health officer shall issue a permit or renewal permit for the premises named in the application.

(3) Application for renewal of a permit shall be made not less than 30 days prior to the date of expiration of the current permit.

(Res. adopted December 17, 1962).

7.12.040 Inspection of food establishments.

At least once every six months the health officer or his authorized representative shall inspect every food establishment located within his jurisdiction. One copy of the inspection report shall be posted conspicuously upon an inside wall of the food establishment, and shall not be defaced or removed by any person except the health officer or his authorized representative. Another copy shall be filed with the records of the jurisdictional health department.

(Res. adopted December 17, 1962).

7.12.050 Walls - Ceilings.

Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared, or utensils are washed, shall have smooth, washable surfaces up to the level reached by splash or sprays, shall preferably be finished in a light color and shall be cleaned at sufficiently frequent intervals to maintain the surface in a satisfactory condition.

(Res. adopted December 17, 1962).

7.12.060 Floors.

The floors of all rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, water impervious, well drained, and shall be kept clean and in good repair. If floor drains are used they shall be provided with proper traps and so constructed as to minimize clogging. The cleaning of the rooms shall be accomplished by dustless methods.

(Res. adopted December 17, 1962).

7.12.070 Doors - Windows.

Doors and windows shall be kept clean and in good repair. When flies are prevalent, all openings into the outer air shall be effectively screened, with not less than 16-mesh screen, or equal. All outside doors shall be self-closing.

(Res. adopted December 17, 1962).

7.12.080 Lighting.

All rooms in which food or drink is stored or prepared, or in which utensils are washed, shall be provided with artificial or natural light sources equivalent to at least 25 foot-candles on working surfaces, as measured by a suitable light meter. All light fixtures shall be kept clean and in good repair.

(Res. adopted December 17, 1962).

7.12.090 Ventilation.

All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be sufficiently well ventilated to prevent the accumulation of disagreeable odors and excessive condensation. This requirement shall not apply to cold storage rooms.

(Res. adopted December 17, 1962).

7.12.100 Water supply.

Running hot and cold water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed. It shall be adequate and of a safe, sanitary quality, meeting the standards as set forth in Part 2, Book V, Rules and Regulations of the State Board of Health governing Public Water Supplies.

When a public water supply is not available, the water supply of all food establishments shall conform to the plans, specifications and requirements in regard to location, construction and operation, in accordance with the recommendations of the state department of health and as approved by the health officer.

All plumbing and equipment shall be constructed, installed, and operated so that there shall be no cross-connections between the potable water supply and any source which is, or may be, contaminated or polluted.

(Res. adopted December 17, 1962).

7.12.110 Toilet facilities.

Every food establishment shall be provided with adequate and conveniently located toilet facilities on the premises for its employees, conforming with all local ordinances which are applicable. The doors of all toilet rooms shall be self-closing. Booths open at the top shall not qualify as adequate toilet rooms. Toilet rooms shall be kept in a clean condition, in good repair, the walls free from defacement, well lighted, and well ventilated to the outside air, and shall not be used as a storage area. Signs shall be posted in each toilet room used by employees directing employees to wash their hands before returning to work.

(Res. adopted December 17, 1962).

7.12.120 Lavatory facilities.

Adequate handwashing facilities shall be provided, including warm water, soap, approved sanitary towels, convenient to toilets and to all rooms in which food is prepared. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands.

(Res. adopted December 17, 1962).

7.12.130 Construction of utensils and equipment.

All multi-use utensils and all show and display cases of windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment or utensils used in connection with the operation of a food establishment shall be so constructed as to be easily cleaned and shall be kept clean and in good repair. All surfaces or multi-use utensils and equipment with which food or drink comes in contact, shall be of non-toxic material, free of breaks, corrosion, open seams, cracks and chipped places.

(Res. adopted December 17, 1962).

7.12.140 Cleaning.

(1) All equipment, including display cases or windows, counters, shelves, tables, meat blocks, beverage dispensing facilities, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, grease, insects, and other contaminating material. All cloths used by employees shall be clean.

(2) All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned after each use. The cleaning shall be accomplished by prerinsing when necessary, followed by thorough washing in warm water (handwashing 110 degrees Fahrenheit minimum, machine dishwashing 125 degrees Fahrenheit minimum) containing an adequate amount of effective detergent. The detergent concentration shall be maintained by dispenser or a definite system of manual feeding.

(Res. adopted December 17, 1962).

7.12.150 Bactericidal treatment.

After thorough cleaning, all utensils shall be effectively subjected to one of the following bactericidal processes as approved by the health officer:

Method 1. Heat. Immersion for at least two minutes in clean, hot water, at a temperature of at least 170 degrees Fahrenheit, or for one-half minute in boiling water. Unless actually boiling water is used, an approved thermometer shall be available convenient to the vat. Where this method is employed, there shall be provided a water heater capable of maintaining a water temperature of at least 170 degrees Fahrenheit in the vat at all times during business hours. The pouring of scalding water over washed utensils shall not be accepted as satisfactory compliance.

Method 2. Chemical. Immersion for at least two minutes in a sanitizing solution containing at least 50 ppm of available chlorine if hypochlorites are used. This solution should be made up to double strength and shall not be used after its strength has been reduced to below 50 ppm. If chloramines, quaternary ammonium compounds, iodine, or other chemical agents are used, the concentration shall be sufficient to provide equally effective sanitation. Whenever chemical treatment is used the utensils shall be rinsed free of washing compound before being immersed in the sanitizing solution. Whenever this method is used a three compartment vat shall be required; the first compartment to be used for washing, the second for plain rinsing, and the third for chemical immersion.

Method 3. Dishwashing Machines. Whenever dishwashing machines are used they shall be kept clean and in good repair. There shall be no overcrowding of utensils in the racks. Hot water facilities must be provided which shall furnish rinse water at 180 degrees Fahrenheit measured at the rinse head and for the maximum demand of the machine. The period of exposure to rinse water shall be specified by the health officer. An easily readable thermometer shall be installed near the discharge end of the machine to show the temperature of water entering the spray arm or manifold of the final rinse. Similarly a thermometer or thermometers shall be installed to show the temperature of the water in all tanks. All thermometers shall be so placed as to be easily read and so located as not to be unduly exposed to breakage. For automatic machines bearing the seal of approval of the National Sanitation Foundation, the manufacturer’s directions shall be followed.

Method 4. Other Methods. Some other equally effective means may be used provided that they shall be approved by the health officer and provided that continuous effectiveness of such methods can be readily established.

By any method used, the final test for cleanliness and satisfactory bactericidal treatment shall be freedom from grease and any other foreign matter and meet the bacterial standards as set forth by the health officer. If drying cloths are used they shall be clean and shall be used for no other purpose.

Utensils that are too large to be sanitized by methods outlined above shall be treated by one of the following methods:

(1) With live steam from a hose, in the case of equipment in which steam can be confined.

(2) With boiling rinse water.

(3) With spraying or swabbing with a sanitizing solution of approved strength.

(Res. adopted December 17, 1962).

7.12.160 Utensils and equipment - Storage - Handling.

After bactericidal treatment, no utensil should be stored except in a clean, dry place, protected from flies, dust, insecticides, drugs, or other toxic substances or other contamination so far as practicable. Single service utensils shall be purchased only in sanitary containers, shall be stored therein, in a clean, dry place until used, and shall be handled in a sanitary manner and used only once. Spoons, spatulas, dippers, etc., used for dispensing frozen desserts shall, when not in use, be kept in clean running water. Drinking straws shall be individually wrapped or served from approved sanitary dispensers.

(Res. adopted December 17, 1962).

7.12.170 Waste disposal.

All wastes shall be properly disposed of in such a manner as not to constitute a nuisance or a public health hazard. There shall be provided and maintained in a suitable location a sufficient number of refuse containers of water-tight construction made of nonabsorbent material and provided with handles and close fitting covers. All refuse shall be kept therein pending its removal and disposal. Refuse containers shall be washed at intervals frequent enough so as to prevent nuisance. Refuse shall not be allowed to remain in any room where food is prepared or eaten. Metal receptacles shall be used in toilet rooms for paper towels and other waste.

(Res. adopted December 17, 1962).

7.12.180 Refrigeration.

All readily perishable food or drink and food or drink which will support the growth of organisms which will produce illness or disease shall be kept at or below 50 degrees Fahrenheit except when being prepared or served. An indicating thermometer shall be provided in each refrigerator.

Waste water from refrigeration equipment shall be properly disposed of. There shall be no direct connection to a sewer.

(Res. adopted December 17, 1962).

7.12.190 Food sources.

(1) Wholesomeness of Food. All food shall be from approved sources and shall be clean, wholesome, free from spoilage, stored and prepared so as to be safe for human consumption. Portions of food once served to customers shall not be served again.

(2) Wholesomeness of Milk. All milk, fluid milk products, ice cream and other frozen desserts, sold or served, shall be from approved sources. Milk and fluid milk products shall be sold or served in the original containers in which they were received from the distributor or from an approved bulk dispenser.

(3) Wholesomeness of Shellfish. All oysters, clams, and mussels sold or served shall be from approved sources, and if shucked, shall be kept until sold or served in the containers bearing proper state certificate number.

(4) Wholesomeness of Ice. Ice shall be from a source approved by the health officer and so handled and stored as to prevent contamination.

(Res. adopted December 17, 1962).

7.12.200 Storage - Display.

(1) Storage of Food and Drink. There shall be adequate facilities for the proper storage of food. All food products which are stored shall be protected against overhead leakage or condensation. Bottled beverages shall be stored in such a manner that they are not completely submerged. All food products shall be stored above the floor in such a manner as to prevent any possible contamination by mop water, sewage backflow, insecticides, drugs, other toxic materials, animals, vermin, rodents, or other sources.

(2) Display and/or Serving Food and Drink. All food shall be handled in such a manner as to minimize the opportunities of contamination. Manual contact with all foods shall be avoided insofar as possible. When food is exposed it shall be protected by glass, or equal, from any source of contamination such as dust from door or window openings, droplet infection of public handling. No household pet, animal or live fowl shall be kept or allowed in any room in which food or drink is prepared, stored or served, except that this requirement shall not apply to guide dogs for the blind. All means necessary for the elimination of flies, other insects, vermin and rodents shall be used.

(3) Vector Control. All food establishments shall be rat proofed and maintained in a rat proofed condition and shall be kept free of rats, mice and other vermin. All poisonous compounds used for extermination of rodents or insects shall be so colored as to be easily identified, and used with extreme caution, and stored and used in such a manner as to prevent unauthorized use of possible contamination of food and drink.

(Res. adopted December 17, 1962).

7.12.210 Cleanliness of employees.

Any person, while working in any food establishment, shall not engage in any practice which tends to be detrimental to the cleanliness and sanitation of the food establishment or to the health of the patrons or employees thereof. All persons working in food establishments shall keep clean and shall wear only clean outer garments and keep their hands clean while engaged in the handling of food. No employee shall use tobacco in any form while engaged in the handling of food. Employees shall wear caps, hairnets, or other similar hair covering, if deemed necessary, while engaged in the handling of food.

(Res. adopted December 17, 1962).

7.12.220 Clutter.

The premises of all food establishments shall be kept clean and free of litter or rubbish. Adequate facilities or dressing rooms shall be provided for employees’ clothing and shall be kept clean. Soiled linen, coats, and aprons shall be kept in containers provided for this purpose.

(Res. adopted December 17, 1962).

7.12.230 Living quarters.

None of the operations connected with a food establishment shall be conducted in any room used as living or sleeping quarters.

(Res. adopted December 17, 1962).

7.12.240 Itinerant food establishments.

(1) Every person desirous of operating an itinerant food establishment as defined in SCC 7.12.010 shall first make application to the health officer for a permit to operate such an establishment. The application shall include the following:

(a) Name and permanent address of owner or operator or person who shall be responsible for the operation.

(b) Type of itinerant food establishment desired to be operated, including types of food and drink planned to be served.

(c) Location and site of proposed establishment.

(d) Statement as to the source of the water supply to be used.

(e) Statement as to the method of disposal of liquid wastes.

(f) Statement as to the method of disposal of garbage and other refuse.

(g) Statement as to the use of single service utensils or approved facilities for properly washing and sanitizing utensils.

(h) Statement as to the toilet facilities to be used.

(i) Duration of time the itinerant food establishment is to be operated.

(j) The applicant shall agree to restore the premises to a clean and sanitary condition following the cessation of operations.

Upon receipt of the completed application, the determination of the suitability of the site and location, and an agreement to adhere to the sanitary requirements hereinafter listed, the health officer shall issue a permit to the applicant to operate an itinerant food establishment for the duration of the time designated on the application.

(2) Foods sold or delivered by such establishments and vendors shall be kept in clean containers or cabinets so constructed as to prevent contamination by dust, insects, etc. Foods which are perishable or which will support the growth of organisms which will produce illness or disease shall be kept at a temperature of 50 degrees Fahrenheit or less.

(3) All booths or stalls shall be located in clean surroundings and kept in a clean and sanitary condition.

(4) The booths or stalls shall be so constructed that food, drink, utensils and equipment will not be exposed to insects or to dust and other contaminations. Moist sawdust, peat, or other similar material may be used to keep down excessive dust.

(5) All food shall be from approved sources and shall be clean, wholesome, free from spoilage, stored and prepared as to be safe for human consumption. Portions of food once served to customers shall not be served again.

(6) An adequate supply of hot and cold water and a suitable sink shall be easily available and shall be used for cleaning utensils and equipment.

(7) Only single service utensils shall be used in the serving of food and drink unless facilities are provided in the booths or stalls which meet all of the requirements of SCC 7.12.140 and the operations are satisfactory to the health officer.

(8) All readily perishable food or drink which will support the growth of organisms which will produce illness or disease shall be kept at or below 50 degrees Fahrenheit except when being prepared or served, and an indicating thermometer shall be provided. Waste water from refrigeration equipment shall be properly disposed of and there shall be no direct connection to a sewer.

(9) Ice shall be from a source approved by the health officer and so handled and stored as to prevent contamination.

(10) Garbage and other refuse from food booths and stalls shall be kept in tightly covered, water tight containers until removed. Refuse containers shall be available on the grounds at convenient locations near the booth.

(11) Waste water and other liquid wastes shall not create a nuisance, and shall be disposed of by a method approved by the health officer.

(12) Adequate toilet and handwashing facilities, including warm water, soap, and individual towels, shall be readily accessible to those working in the booths. Common towels are prohibited.

(13) Bottles or other containers of carbonated or noncarbonated beverages shall not be completely submerged in cooling water. The cooling containers and the water therein shall be kept clean and free from contamination.

(14) Drinking straws shall be individually wrapped or served from sanitary approved dispensers.

(15) Sugar portions shall be individually wrapped or served from sanitary approved sugar dispensers.

(16) All water supplies shall be of a safe, sanitary quality and from a satisfactory source approved by the health officer.

(Res. adopted December 17, 1962).

7.12.250 Health of employees.

No person suffering from a communicable disease transmissible through food or drink, or who resides in a household with a case of such disease, or who is known to be a carrier of the organisms causing a disease, and no persons suffering from a local infection transmissible through food or drink shall be employed in any food establishment.

(Res. adopted December 17, 1962).

7.12.260 Notification of disease.

Notice shall be sent to the health officer immediately by the manager of the food establishment if he or any employee contacts any infectious, contagious or communicable disease. It is the duty of every employee reporting for work to notify the food establishment manager immediately when any of the conditions obtain. If the manager concerned fails to notify the health officer and the employee concerned fails to notify the manager immediately when any of the conditions obtain, each concerned shall be held to have violated this section.

(Res. adopted December 17, 1962).

7.12.270 Procedure when infection suspected.

When, in the opinion of the health officer, there exists the possibility of transmission of infection from any employee, the health officer is authorized to require either of the following measures:

(1) The immediate exclusion of the employee from all food establishments.

(2) The immediate closing of the food establishment concerned until, in the opinion of the health officer, no further danger of disease transmission exists.

(3) Whenever requested by the health officer, any employee shall submit to an examination by a legally licensed physician, as in the opinion of the health officer may be necessary, for the purpose of determining the presence of a communicable disease.

(Res. adopted December 17, 1962).

7.12.280 Enforcement.

It is the duty of the health officer, or his authorized representative, to enforce the provisions of this chapter. In the performance of his duty the health officer or his authorized representative shall have the authority to enter any premises and open any building, room, locker, box, container or other place or receptacle, whether locked or not, as may be necessary for the enforcement of this chapter, and to obtain samples or specimens of any food or other material kept, stored, sold, offered for sale, prepared, distributed, or served in any place whatsoever. On the effective date of revocation of a permit the health officer or his duly authorized representative shall have the authority to order closed any food establishment, if he so deems necessary, and to remove and take away the revoked permit from the premises. Nothing in this chapter shall be construed as limiting in any way the emergency powers of the health officer, as either a board of health or as a health officer, given by charter, state laws, and the rules and regulations of the state board of health.

(Res. adopted December 17, 1962).

7.12.290 Condemnation - Embargo.

Samples of food, drink, ingredients, containers, or any substance used in connection with the preparation of food or drink may be taken by a duly authorized representative of the health officer for examination as often as he may deem necessary for the detection of unwholesomeness or unsanitary condition. Any such food, drink or other substances may be stopped from sale or use and placed under an embargo by any representative of the health officer for such a reasonable period of time as may be required to make investigations or examinations, if such may be necessary to determine that the food, drink or other substance is decomposed, unwholesome, unfit for human consumption or dangerous to the public health. No food, drink or other substance shall be used, removed, destroyed or otherwise disposed of while under such embargo except by or under the direction of a representative of the health officer.

(Res. adopted December 17, 1962).