Adopted December 7, 1970
Effective Date: January 6, 1971
A regulation defining food, potentially hazardous food, adulterated, misbranded, food service establishments, temporary food service establishment, Director of Health, utensils, equipment, etc., providing for the sale of only unadulterated, wholesome, properly branded food; establishing sanitation standards for food, food protection, food service personnel, food service operations, food equipment and utensils, sanitary facilities and controls, and other facilities; requiring permits for the operation of food service establishments; regulating the inspection of such establishments; providing for the examination and condemnation of food and providing the enforcement of this Regulation, and the fixing of penalties.
DEFINITIONS
1. FOOD: “Food” shall mean any raw, cooked or processed edible substance, beverage or ingredient used or intended for use in whole, or in part, for human consumption.
2. PERISHABLE FOOD: “Perishable Food” shall mean any food or beverage other than:
(a) foods which are in hermetically sealed containers processed by heat to prevent spoilage, or
(b) dehydrated, dry or powdered products so low in moisture content as to preclude development of microorganisms.
3. POTENTIALLY HAZARDOUS FOOD: “Potentially Hazardous Food” shall mean any perishable food or beverage which consists in whole or in part of milk or milk products, eggs, meat, fish, shellfish, poultry or other ingredients capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxication.
4. WHOLESOME: “Wholesome” means sound, healthful, clean and otherwise suitable for use as human food.
5. ADULTERATED: A food shall be deemed to be “adulterated”:
(a) if it bears of contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
(b) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulations, or in excess of such tolerance if one has been established;
(c) if it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption;
(d) if it has been processed, prepared, packed or held under unsanitary conditions, whereby it may have been rendered injurious to health;
(e) if it is whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter; or
(f) if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
6. MISBRANDING: The term “misbranding” shall mean the use of any written printed or graphic matter upon or accompanying food or containers of food which violates any applicable local, State or Federal labeling requirements.
7. FOOD SERVICE ESTABLISHMENT: “Food Service Establishment” shall mean any fixed or mobile restaurant; coffee shop; cafeteria; short-order café; luncheonette; grille; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge, night club; road-side stand; industrial feeding establishment; catering kitchen; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; hospitals and other related medical care facilities; schools and educational institutions; employee cafeterias; dining rooms in office buildings, department stores and industrial plants; private clubs, fraternal orders, societies and private organizations all in a fixed location. Provided, that the term “Food Service Establishment” shall not be construed to mean establishments of vendors in a fixed location who sell or serve only packaged foods in their unbroken original containers, kept in clean containers or cabinets so constructed as to prevent contamination by dust, insects, etc., and if potentially hazardous food, kept at or below 40 degrees F., or at or above 140 degrees F.
8. TEMPORARY FOOD SERVICE ESTABLISHMENT: “Temporary Food Service Establishment” shall mean any food service establishment which operates within the Municipality of Bolton, only for a temporary period of time, in connection with a fair, carnival, circus, public exhibition or similar transitory gathering.
9. ITINERANT FOOD VENDORS: “Itinerant Food Vendor” shall mean any person, firm or corporation operating an itinerant food vending business serving food and drink from an approved conveyance without a fixed location provided that ready to serve food is prepared in a kitchen approved by the Director of Health and that this food is served or sold individually wrapped with its original wrapper or container, except when food or drink shall be received and served from original containers permitted by the Director of Health with such sanitary provisions as may be required by it and that said containers be sanitary and provided with suitable coverings which completely protect the item from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage, and other contamination. All food shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption.
10. COMMERCIAL FOOD PROCESSING ESTABLISHMENT: “Commercial Food Processing Establishment” shall mean an establishment in which food is processed or otherwise prepared and packaged on the premises for public consumption off the premises, and which is subject to sanitary regulations and periodic inspection by a Federal, State or local governmental inspection agency.
11. DIRECTOR OF HEALTH: “Director of Health” shall mean the Director of Health of the Municipality of Bolton or his authorized representative.
12. PERSON: “Person” shall mean individual, firm, partnership, company, corporation, trustee, association or any public or private entity.
13. EMPLOYEE: “Employee” shall mean 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 utensils or equipment.
14. EQUIPMENT: “Equipment” shall mean all stoves, ranges, hoods, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables or other similar items other than “utensils” used in the operation of a food service establishment.
15. UTENSILS: “Utensils” shall mean any eating or drinking tableware, kitchenware such as pots, pans, ladles and food containers, or other implements used in the storage, preparation or serving of food.
16. SINGLE-SERVICE ARTICLES: “Single-Service Articles” shall mean bottles, cups, containers or closures; plates, straws, place mats, napkins, doilies, spoons, stirrers, paddles, knives or forks; wrapping materials; and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destroyable materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then to be discarded.
17. CORROSION-RESISTANT: “Corrosion-Resistant” materials are those which maintain their original surface characteristics under prolonged influence of the foods to be contacted and of the cleaning compounds and bactericidal solutions that may be used.
18. FOOD CONTACT SURFACES: “Food Contact Surfaces” shall mean those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact, or which drain back onto surfaces normally in contact with food.
19. EASILY (READILY) CLEANABLE: “An “Easily Cleanable” or “Readily Cleanable” surface is one that is readily accessible and of such material, finish and so fabricated that removable residue may be completely removed by normal cleaning methods.
20. SEALED: “Sealed” shall mean the filling or elimination of cracks or other junctures or openings so as to prevent the entry or passage of moisture.
21. SANITIZED, OR APPROVED BACTERICIDAL PROCESS: “Sanitized” or “Approved Bactericidal Process” shall mean the application to clean surfaces of any method or substance for the destruction of pathogens and all other organisms so far as practicable, and which, in the opinion of the Director of Health, is effective and does not adversely affect the equipment, the food or the health of the consumer.
22. APPROVED: “Approved” shall mean acceptable to the Director of Health following his determination as to conformance with appropriate standards and good public health practices.
23. FROZEN FOODS: “Frozen Foods” shall mean articles used for food or drink for man, or other animals:
(a) which have been processed;
(b) which have been packaged and preserved by freezing in accordance with good commercial practices, and
(c) which are destined for retail sale in the frozen state.
APPLICATION
The provisions of this regulation shall apply throughout the geographical limits of the Town of Bolton.
INCORPORATION OF THE PUBLIC HEALTH CODE OF THE STATE OF CONNECTICUT
The provisions of the Public Health Code of the State of Connecticut relating to matters not specifically provided for hereunder are incorporated herein by this reference and made a part hereof. In their interpretation and application, the provisions of this regulation shall be held to be minimum requirements, adopted for the promotion of the public health and safety. Wherever the requirements of this regulation are at variance with the requirements of the Public Health Code of the State of Connecticut, the most restrictive or that imposing the higher standards shall govern.
ADMINISTRATION
The Town Director of Health, Assistant Director of Health and the First Selectman as his agent shall each have the power and duty to enforce these regulations.
PROCEDURE
No person shall operate a food service establishment within the Municipality of Bolton, who does not possess a valid permit signed by the Director of Health; Provided: that a person who is operating a food service establishment on the effective date of this Regulation may operate a reasonable period of time thereafter under a temporary permit, while making such correction as may be required by notices issued under the provisions of this section; and Provided further: that such establishment does not present an imminent health hazard, and that the person shall make such corrections within the time period specified by the Director of Health or shall cease to operate the establishment upon expiration of such time period. Such permits shall be required to be renewed annually. Only a person who complies with the provisions of this Regulation shall be entitled to receive such a permit. Permits shall not be transferable from one person or place to another. A valid permit shall be displayed in every food service establishment. Such a permit may be temporarily suspended by the Director of Health upon violation by the holder of any of the terms of this Regulation or for any condition that may be deemed an imminent public health hazard, or for interference with the Director of Health in the performance of his duties; or may be revoked after an opportunity for a hearing by the Director of Health upon serious or repeated violations. Any person whose permit has been suspended and who has ceased food service operations in the establishment may at any time request a hearing or make application for the reinstatement of the permit. Within one week after the receipt of a satisfactory application, accompanied by a signed statement that the conditions responsible for the suspension have been corrected, the Director of Health shall, unless revocation of the permit is warranted, make a re-inspection and any additional re-inspections deemed necessary, and if the findings indicate satisfactory correction, he shall reinstate the permit.
INSPECTION OF ESTABLISHMENTS
Prior to the issuance of a permit and periodically thereafter, the Director of Health shall inspect every food service establishment within the Municipality of Bolton. Every person operating a food service establishment shall, upon the request of the Director of Health, permit access during business hours to all parts of the establishment to determine compliance with the Regulation and the examination of all records of food purchased or received if a public hazard is suspected. If the Director of Health discovers a violation of any provision of this Regulation, he shall notify the responsible person of the condition found, provide a reasonable period of time for correction, and explain that failure to correct within the specified time may result in suspension or revocation of the permit, or prosecution. Provided: That when any condition found is deemed an imminent public health hazard, the Director of Health shall send the operator an official notice of immediate suspension of permit. Notification of violation shall be deemed to have been properly served when a copy of the inspection report containing the information outlined above has been delivered personally to the owner, operator or person in charge at that time, or has been sent by registered mail.
PERMIT FEES*
The fee paid for each permit upon application shall be as prescribed in the schedule of fees adopted for such by resolution of the Board of Selectmen.
*Permit Fees amended May 9, 1982
APPEALS
1. Any person aggrieved by any action of the Director of Health in connection with the enforcement of this regulation may request and shall be granted a hearing on the matter before the Director of Health; provided that such person shall file a petition stating the reasons for such hearing and within ten days after the date such action was taken.
2. The hearing shall take place not more than ten days after such petition is filed unless the petitioner agrees in writing to a postponement.
3. After such hearing, the Director of Health may by order sustain, modify or disapprove the petition in accordance with these regulations and the findings of the hearing. A summary of the hearing and decision of the Director of Health, as well as all other submitted material shall become a part of the public record in the Office of the Selectmen.
4. Any person aggrieved by the decision of the Director of Health may seek relief therefrom, as provided by the laws of this State.
PENALTIES
Any person who shall violate any of the provisions of this regulation, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $100.00. In addition thereto, such persons may be enjoined from continuing such violation. Each day upon which such violation occurs, shall constitute a separate violation.
REPEAL AND DATE OF EFFECT
All Ordinances and Regulations and parts of ordinances and regulations in conflict with this Regulation are hereby repealed and the regulation shall be in full force and effect immediately upon its adoption.
UNCONSTITUTIONALITY CLAUSE
Should any section, paragraph, sentence, clause or phrase of this Regulation be declared unconstitutional or invalid for any reason, the remainder of said Regulation shall not be affected thereby.