HomeMy Public PortalAboutORD10302 BILL NO.
SPONSORED BY COUNCILMAN -.+►'�'� .�____ ._ �.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ARTICLE II
OF CHAPTER 14 BY DELETING SECTION 14-15 AND ENACTING IN LIEU THEREOF
27 NEW SECTIONS PERTAINING TO FOOD SERVICE SANITATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. This Ordinance shall be liberally construed and
applied to promote its underlying purpose of protecting the Public
Health.
Section 2. Article II of Chapter 14 of the Code of the City of
Jefferson is hereby amended by deleting Section 14-15 and enacting in
lieu thereof twenty-seven ( 27 ) new sections, pertaining to food
service sanitation., which shall read as follow:
SECTION 14-15. 1. DEFINITIONS
( 1) "Commissary" means a catering establishment, restaurant, or
any other place in which food, containers, or supplies are kept,
handled, prepared, packaged or stored.
(2 ) "Corrosion-resistant materials" means those materials that
maintain their original surface characteristics under prolonged
influence of the food to be contacted, the normal use of cleaning
compounds and bactericidal solutions, and other conditions-of-use
environment.
( 3) "Easily cleanable" means that surfaces are readily accessible
and made of such materials and finish and so fabricated that residue
may be effectively removed by normal cleaning methods .
(4 ) "Employee" means the permit holder, individuals having
supervisory or management duties and any other person working in a
food service establishment.
(5 ) "Equipment" ,means staves, ovens, ranges, hoods, slicers,
mixers, meatblocks, tables, counters, refrigerators, sinks,
dishwashing machines, steam tables, and similar items other than
utensils, used in the operation of a food service establishment.
( 5) "Food" means any raw, cooked, or processed edible substance,
ice, beverage or ingredient used or intended for use or for sale in
whole or in part for human consumption.
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(7 ) "Food-contact surfaces" means those surfaces of equipment and
utensils with which food. normally comes in contact, and those surfaces
from which food may drain, drip, or splash back onto surfaces normally
in contact with food„
(8 ) "Food processing establishment" means a commercial
establishment in which food is manufactured or packaged for human
consumption. The term does not include a food service establishment.,
retail food store, or commissary operation.
( 9 ) "Food service establishment" means any place where food is
prepared and intended for individual portion service, and includes the
site at which individual portions are provided. The term includes any
such place regardless of whether consumption is on or off the premises
and regardless of whether there is a charge for the food. The term
also includes delicatessen-type operations that prepare sandwiches
intended for individual portion service. The term does not include
private homes where food is prepared or served for individual family
consumption, retail food stores, the location of food vending
machines, and supply vehicles .
( 10) "Hermetically sealed container" means a container designed
and intended to be secure against the entry of microorganisms and to
maintain the commercial sterility of its content after processing.
( 11) "Kitchenware" means all multi-use utensils other than
tableware.
( 12 ) "Law" includes Federal, State, and local statutes ,
ordinances, and regulations .
( 13) "Mobile food unit" means a vehicle--mounted food service
establishment designed to be readily movable.
( 14 ) "Packaged" means bottled, canned, cartoned, or securely
wrapped.
( 15) "Person" includes any individual, partnership, corporation,
association, or other legal. entity.
( 16) "Person in charge" means the individual present in a food
service establishment who is the apparent supervisor of the food
service establishment at the time of .inspection. If no individual is
the apparent supervisor, then any employee present is the person in
charge.
( 17 ) "Potentially hazardous food" means any food that consists in
whole or in part of milk or milk products, eggs, meat, poultry, fish,
shellfish, edible crustacea, or other ingredients , including synthetic
ingredients, in a form capable of supporting rapid and progressive
growth of infectious or toxigenic microorganisms . The term does not
include clean, whole, uncracked, odor--free shell eggs or foods which
have a pH level of 4 .6 or below or a water activity (aw) value of 0.85
or less .
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( 18) "Pushcart" means a. non-self-propelled vehicle limited to
serving nonpotential.ly hazardous foods or commissary-wrapped food
maintained at proper temperatures, or limited to the preparation and
AM serving of frankfurters .
( 19 ) "Reconstituted" means dehydrated ;ood products recombined
with water or other liquids.
(20) "Health Authority" means the director of the department of
planning and code enforcement, or his designated representative.
( 21) "Safe materials" means articles manufactured from or
composed of materials that may not reasonably be expected to result,
directly or indirectly, in their becoming a component or otherwise
affecting the characteristics of any food. All materials are "safe"
only if they are in compliance with the State Food, Drug, and Cosmetic
Act and the Federal Food, Drug, and Cosmetic Act and are used in
conformity with all applicable regulations.
( 22) `°Sanitization" means effective bactericidal treatment: by a
process that provides enough accumulative heat or concentration of
chemicals for enough time to reduce the bacterial count, including
pathogens, to a safe level on utensils and equipment .
(28 ) "Sealed" means free of cracks or other openings that permit
the entry or passage of moisture.
(24 ) "Single-service articles" means cups , containers, lids,
closures, plates, knives, forks, spoons, stirrers, paddles, straws,
napkins, wrapping materials, toothpicks and similar articles intended
for one-time, one-person use and then discarded.
(25) "Tableware" means multi-use eating and drinking utensils.
(26) "Temporary food service establishment" means a food service
establishment that operates at a fixed location for a period of time
of not more than 14 consecutive days in conjunction with a single
event or celebration.
(27 ) "Utensil" means any implement used in the storage,
preparation, transportation, or service of food.
SECTION 14-15.2 . FOOD SUPPLIES
( 1) Food shall be in sound condition, free from spoilage, filth,
or other contamination and shall be safe for human consumption. Food
shall be obtained from sources that comply with all laws relating to
food and food labeling. The use of food in hermetically sealed
containers that was not prepared in a food processing establishment is
prohibited.
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(2 ) Fluid milk and fluid milk products used or served shall be
pasteurized and shall meet the Grade A duality y,tandards as
established by law. Lary milk and dry milk products shall be made from
pasteurized milk and milk products.
( 3) Fresh and frozen shucked shellfish (oysters, clams, or
mussels) shall be packed in nonreturnable packages identified with the
name and add,_ .-ss of the original shell stock processor, shucker.-
packer, or rc;packer, and the interstate certification number issued
according to law. Shell stock and shucked shellfish shall be kept in
the container in which they were received until. they are used. Each
container of unshucked shell stock (oysters, clams, or mussels ) shall
be identified by an attached tag that states the name and address of
the original shell stock processor, the kind and quantity of shell
stock, and an interstate certification number issued by the State or
foreign shellfish control agency.
(4 ) Only clean, whole eggs, with shell intact and without cracks
or checks, or pasteurized liquid, frozen, or dry eggs, or pasteurized
dry egg products shall be used, except that hard-boiled, peeled eggs,
commercially prepared and packaged, may be used.
( 5) Food may be examined or sampled by the health authority as
often as necessary. The health authority may, upon written notice to
the owner or person in charge, specifying with particularity the
reasons therefor, place a hold order on any food which it believes is
in violation of sections of this code. The health authority shall tag,
label, or otherwise identify any stood subject to the hold order. No
food subject to a hold order shall be used, served, or moved from the
establishment. The health authority shall permit storage of the food
under conditions specified in the hold order, unless storage is not
possible without risk to the public health, in which case immediate
destruction sha.11 be ordered and accomplished. The hold order shall
state that a reauest for hearing may be filed within 10 days and that
if no hearing is requested the food shall be destroyed. If a request
for hearing is received, the hearing shall be held within 20 days
aftiBr receipt of the request. On the basis of evidence produced at
that hearing, the hold order may be vacated, or the owner or person in
charge of the food may be directed by written order to denature or
destroy such food or to bring it into compliance with the provisions
of this code.
SECTION 14--15.3. FOOD PROTECTION
( 1) At all times, including while being stored, prepared,
displayed, served, or transported, food shall be protected from
potential contamination, including dust, insects, rodents, unclean
equipment and utensils, unnecessary handling, coughs and sneezes,
flooding, drainage, and overhead leakage or overhead dr.ippage from
condensation. The temperature; of potentially hazardous food shall be
45°F or below or 140° F or above at all titres, except as otherwise
provided in this code.
(2 ) In the event of a iire, flood, power outage, or similar event
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that might result in the contamination of food, or that might prevent
potentially hazardous food from tieing hold at .required temperatures,
the person in charge shall immediately contact the health authority.
Upon receiving notice of this occurrence, the health authority shall
take whatever action it deems necessary to protect the public health.
SECTION 14- 15. 4 . FOOD STORAGE
( 1 ) Food, whether raw or prepared, if removed from the container
or package in which it was obtained, shall be stored in a clean
covered container except during necessary periods of preparation or
service. Container covers shall be impervious and nonabsorbent, except
that linens or napkins may be used for lining or covering bread or
roll containers. Solid cuts of meat shall be protected by being
covered in storage, except that quarters or sides of meat may be hung
uncovered on clean sanitized hooks if no food product is stored
beneath the meat.
(2 ) Containers of food shall be stored a minimum of 6 inches
above the floor in a manner that protects the food from splash and
other contamination, and that permits easy cleaning of the storage
area, except that:
(a) Metal pressurized beverage containers, and cased food
packaged in cans, glass or other waterproof_ containers need not be
elevated when the food container is not exposed to floor moisture; and
(b) Containers may be stored on dollies, racks or pallets,
provided such equipment is easily movable.
( 3 ) Food and containers of food shall not be stored under exposed
or unprotected sewer lines or water lines, except for automatic fire
protection sprinkler heads that may be required by law. The storage of
food in toilet rooms or vestibules is prohibited.
(4 ) Food not subject to further washing or cooking before serving
shall be stored in a way that protects it against cross-contamination
from food requiring washing or cooking.
( 5) Packaged food shall not be stored in contact with water or
undrained ice. Wrapped sandwiches shall not be stored in direct
contact with ice.
( 6 ) Unless its identity is unmistakable, bulk, food such as
cooking oil, syrup, salt, sugar or flour not stored in the product
container or package in which it was obtained, shall be stored in a
container identifying the food by common name.,
(7 ) Conveniently located refrigeration facilities or effectively
insulated facilities shall be provided to assure the maintenance of
potentially hazardous food at required temperatures during storage.
Each mechanically refrigerated facility storing potentially hazardous
food shall be provided with a numerically scaled indicating
thermometer, accurate to 13°F, located to measure the air. temperature
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in the warmest part of the facility and located to be easily readable.
Recording thermometers, accurate to i30.F,may be used in lieu of
indicating thermometers.
(8 ) Potentially hazardous food requiring refrigeration after
preparation shall be rapidly cooled to an internal_ temperature of 45°F
or below. Potentially hazardous foods of large volume or prepared in
large quantities shall be rapidly cooled, utilizing such methods as
shallow pans, agitation, quick chilling or water circulation external
to the food container so that the cooling period shall. not exceed 4
hours. Potentially hazardous food to be transported shall be
prechilled and held at a temperature of 45 0For below unless maintained
in accordance with paragraphs 7 , 8, 9 and 10.
( 9) Frozen food shall be kept frozen and should be stored at a
temperature of 0°F or below.
( 10) Ice intended for human consumption shall not be used as a
medium for cooling stored food, food containers , or food utensils.
Ice used for cooling stored food and food containers shall not be used
for human consumption.
( 11) Enough conveniently located hot food storage facilities
shall be provided to assure the maintenance of food at the required
temperature during storage. Each hot food facility storing potentially
hazardous food shall be provided with a numerically scaled indicating
thermometer, accurate to ±3 °F, located to measure the air temperature
in the coolest part of the facility and located to be easily readable.
Recording thermometers, accurate to ±3°F, may be used in lieu of
indicating thermometers . Where it is impractical to install
thermometers on equipment such as bainmaries , steam tables, steam
kettles, heat lamps, cal-.rod units, or insulated food transport
carriers, a product thermometer must be available and used to check
internal food temperature.
( 12 ) The internal temperature of potentially hazardous foods
requiring hot storage shall be 140°F or above except during necessary
periods of preparation. Potentially hazardous food to be transported
shall be held at a temperature of 140°F or above unless maintained in
accordance with paragraph 8.
SECTION 14-15 . 5. FOOD PREPARATION
( 1 ) Food shall be prepared with the least possible manual
contact, with suitable utensils, and on surfaces that prior to use
have been cleaned, rinsed and sanitized to prevent cross--
contamination.
(2 ) Raw fruits and raw vegetables shall be thoroughly washed with
potable water before being cooked or served.
(3) Potentially hazardous foods requiring cooking shall be cooked
to heat all parts of the food to a temperature of at least 140°F,
except that:
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(a) Poultry, poultry stuffings, stuffed meats and stuffings
containing meat shall be cooked to heat all parts of the food to at
least 165°F with no interruption of the cooking process.
(b) Pork and any food containing port shall be cooked to
heat all parts of the food to at least 150°F.
(c) Rare roast beef shall be cooked to am internal
temperature of at least 130°F, and rare beef steak shall be cooked to
a temperature of 1'30°F, unless otherwise ordered by the immediate
consumer.
(4 ) Reconstituted dry milk and dry milk products may be used in
instant desserts and whipped products, or for cooking and baking
purposes.
(5 ) Liquid, frozen, dry eggs and egg products shall be used only
for cooking and. baking purposes .
(6) Potentially hazardous foods that have been cooked and then
refrigerated, shall be reheated rapidly -to 165°F or higher throughout
before being served or before being placed in a hot food storage
facility. Steam tables, bainmaries, warmers, and similar hot food
holding facilities are prohibited for the rapid reheating of
potentially hazardous foods.
(7 ) Nondairy creaming, whitening, or whipping agents may be
reconstituted on the premises only when they will be stored in
sanitized, covered containers not exceeding one gallon in capacity and
cooled to 45°F or below within 4 hours after preparation.
(8 ) Metal stern-type numerically scaled indicating thermometers,
accurate to ±2°F, shall be provided and used to assure the attainment
and maintenance of proper internal cooking, holding, or refrigeration
temperatures of all potentially hazardous foods.
(9) Potentially hazardous foods shall be thawed:
(a) In refrigerated units at a temperature not to exceed
45°F; or
(b) Under potable running water of a temperature of 70°F or
below, with sufficient water velocity to agitate and float off loose
food particles into the overflow; or
(c) In a microwave oven only when -the food will be
immediately transferred to conventional cooking facilities as part of
a continuous cooking process or when the entire, uninterrupted cooking
process takes place in the microwave oven; or
(d) As part of the conventional cooking process.
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SECTION 14-15. 6. FOOD DISPLAY AND SERVICE
( 1) Potentially hazardous food shall be kept at an internal
temperature of 45°F or below or at an internal temperature of 140°F or
above during display and service, except that rare roast beef shall be
held for service at a temperature of at least 130°F.
(2 ) ( a) Milk and milk products for drinking purposes shall be
provided to the consumer in an unopened, commercially filled package
not exceeding 1 pint in capacity, or drawn from a commercially filled
container stored in a mechanically refrigerated bulk milk dispenser.
Where a bulk dispenser- for milk and milk products is not available and
portions of less than ' pint are required for mixed drinks, cereal, or
dessert service, milk and milk products may be poured from a
commercially filled container of not more than �-gallon capacity.
(b) Cream or half and half shall be provided in an
individual service container, protected pour-type pitcher, or drawn
from a refrigerated dispenser designed for such service.
( 3 ) Nondairy creaming or whitening agents shall be provided in an
individual service container, protected pour-type pitcher, or drawn
from a refrigerated dispenser designed for such service.
(4 ) (a) Condiments , seasonings and dressings for. self-service
use shall be provided in individual packages, from dispensers, or from
containers protected in accordance with paragraph. 8.
(b) Condiments provided for table or counter service shall
be individually portioned, except that catsup and other sauces may be
served in the original container or pour-type dispenser. Sugar for
consumer use shall be provided in individual packages or in pour-type
dispensers.
(5 ) Ice for consumer use shall be dispensed only by employees
with scoops, tongs, or other ice-dispensing utensils or through
automatic self-service, ice-dispensing equipment. Ice-dispensing
utensils shall be stored on a clean surface or in the ice with the
dispensing utensil's handle extended out of the ice. Between uses, ice
transfer receptacles shall be stored in a way that protects them from
contamination. Ice storage bins shall be drained through an air gap.
(6) To avoid unnecessary manual contact with food, suitable
dispensing utensils shall be used by employees or provided to
consumers who serve themselves. ;Between uses during service,
dispensing utensils shall be:
(a) Stored in the food with the dispensing utensil handle
extended out of the food; or
(b) Stored clean and dry; or
(c) Store in running water; or
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(d) Stored either in a running water dipper well., or clean
and dry in the case of dispensing utensils and malt collars used in
preparing frozen desserts.
(7 ) Once served 'to a consumer, portions of leftover food shall
not be served again except that packaged food, other, than potentially
hazardous food, that is still packaged and is still in sound
condition, may be re-served.
(8) Food on display shall be protected from consumer
contamination by the use of packaging or by the use of easily
cleanable counter, serving line or salad bar protector devices,
display cases, or by other effective means . Enough hot or cold food
facilities shall be available to maintain the required temperature of
potentially hazardous food on display.
(9 ) Re-use of soiled tableware by self-service consumers
returning to the service area for additional food is prohibited.
Beverage cups and glasses are exempt: from this requirement .
SECTION 14-15 .7. FOOD TRANSPORTATION
During transportation, food and food utensils shall. be kept in
covered containers or completely wrapped or packaged so as to be
protected from contamination. Foods in original individual packages do
not need to be overwrapped or covered if the original package has not
been torn or broken. During transportation, including transportation
to another location for service or catering operations, food shall
meet the requirements of the rode relating to food protection and food
storage.
SECTION 14-15.8. EMPLOYEE HEALTH
No person, while infected with a disease in a communicable form
that can be transmitted by foods or who is a carrier or organisms that
cause such a disease or while afflicted with a boil, an infected
wound, or an acute respiratory infection, shall work in 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 persons.
SECTION 14-15.9 . PERSONAL CLEANLINESS
Employees shall thoroughly wash their hands and the exposed
portions of their arms with soap and warm water before starting work,
during work as often as is necessary to keep them clean, and after
smoking, eating, drinking, or using the toilet. Employees shall keep
their fingernails clean and trimmed.
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SECTION 14-15 . 10. CLOTHING
( 1) The outer clothing of all employees shall be clean.
(2 ) Employees shall use effective hair restraints to prevent the
contamination of food or food-contact surfaces .
SECTION 14-1.5 . 11. EMPLOYEE PRACTICES
( 1) Employees shall consume food only in designated dining areas .
An employee dining area :shall not be so designated if consuming food
there may result in contamination of other food, equipment, utensils,
or other items needing protection.
( 2 ) Employees shall not use tobacco in any form while engaged in
food preparation or service, nor while. i.n areas used for equipment or
utensil washing or for food preparation: Employees shall use tobacco
only in designated areas. An employee tobacco-use area shall not be
designated for that purpose if the use of tobacco there may result in
contamination of food, equipment, utensils, or other items needing
protection.
( 3 ) Employees shall handle soiled tableware in a way that
minimizes contamination of their hands.
(4 ) Employees shall maintain a high degree of personal
cleanliness and shall conform to good hygienic practices during all.
working periods in the food service establishment.
SECTION 14-15. 12 . MATERIALS - EQUIPMENT AND UTENSILS
( 1) Multi-use equipment and utensils shall be constructed and
repaired with safe materials, including finishing materials; shall be
corrosion resistant and nonabsorbent; and shall be smooth, easily
cleanable, and durable under conditions of normal use. Single-service
articles shall be made from clean, sanitary, safe materials.
Equipment, utensils, and single-service articles shall not impart
odors, color, or taste, or contribute to the contamination of food.
(2 ) If solder is used, it shall be composed of safe materials and
be corrosion resistant.
(3 ) Hard maple or equivalently nonabsorbent material that meets
the general requirements set forth in paragraph 1 may be used for
cutting blocks, cutting boards, salad bowls, and baker' s tables. Wood
may be used for single-service articles, such as chopsticks, stirrers,
or ice cream spoons. The use of wood as a food-contact surface under
other circumstances is prohibited.
(4 ) Safe plastic or safe rubber or safe rubber.-like materials
that are resistant under normal conditions of use to scratching,
scoring, decomposition, crazing, chipping and distortion, that are of
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sufficient weight and thickness to permit cleaning and sanitizing by
normal dishwashing methods, and which meet the general requirements
set forth in paragraph 1 are permitted for repeated use.
( 5 ) Mollusk and crustacea shells may be used only once as a
serving container. Further re-use of such shell; for food service is
prohibited.
(6 ) Re-use of single service artic:l.es, is prohibited.
SECTION 14-15. 13 . DESIGN AND FABRICATION -- EQUIPMENT AND UTENSILS
( 1) All equipment and utensils, including plastic-ware, shall be
designed and fabricated for durability under conditions of normal use
and shall be resistant to denting, buckling, pitting, chipping, and
crazing.
( a) Food-contact surfaces shall be easily cleanable, smooth,
and free of breaks, open seams, cracks, chips, pits, and similar
imperfections, and free of difficult-to-clean internal corners and
crevices. Cast iron may be used as a food-contact surface only if the
surface is heated, such as in grills, griddle tops, and skillets.
Threads shall be designed to facilitate cleaning; ordinary "V" type
threads are prohibited in food-contact surfaces, except that in
equipment such as ice makers or hot oil cooking equipment and hot oil
filtering systems, such threads shall, be minimized.
(b) Equipment containing bearings and gears requiring unsafe
lubricants shall be designed and constructed so that the lubricant
cannot leak, drip, o.r be forced into food or onto food-contact
surfaces . Only safe lubricants shall be used on equipment designed to
receive lubrication of bearings and gears on or within food-contact
surfaces.
(c) Tubing conveying beverages or beverage ingredients to
dispensing heads may be in contact with stored ice: Provided, that
such tubing is fabricated from safe materials, is gr.•ommeted at entry
and exit points to preclude moisture (condensation) from entering the
ice machine or the ice storage bin, and is kept clean. Drainage or
drainage tubes from dispensing units shall not pass, through the ice
machine or the ice storage bin.
(d) Sinks and drain boards shall be self-draining.
(2) Unless designed for in-place cleaning, food-contact surfaces
shall be accessible for cleaning and inspection:
(a) Without being disassembled; or
(b) By disassembling without the use of tools; or
(c) By easy disassembling with the use of only simple tools
such as a mallet, a screwdriver, or an open-end wrench kept available
® near the equipment.
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(3) Equipment intended for in-place cleaning shall be so designed
and fabricated that:
(a) Cleaning and sanitizing solutions can be circulated
throughout a fixed system using an effective cleaning and sanitizing
regimen; and
(b) gleaning and sanitizing solutions will contact all
interior food-contact surfaces; and
(c) The system is self-draining or capable of being
completely evacuated.
(4 ) Fixed equipment designed and fabricated to be cleaned and
sanitized by pressure spray methods shall have sealed electrical
wiring, switches, and connections .
(5 ) Indicating thermometers required for immersion into food or
cooking media shall be of metal stem type construction, numerically
scaled, and accurate to ±2°F.
( 6) Surfaces of equipment not intended for contact with food, but
which are exposed to splash or food debris or which otherwise .require
frequent cleaning, shall be designed and fabricated to be smooth,
washable, free of unnecessary ledges, projections, or crevices, and
readily accessible for cleaning, and shall be of such material and in
such repair as to be easily maintained in a clean and sanitary
condition.
(7 ) Ventilation hoods and devices shall be designed to prevent
grease or condensation from collecting on walls and ceilings , and from
dripping into food or onto food-contact surfaces . Filters or other
grease extracting equipment shall be readily removable for cleaning
and replacement if not designed to be cleaned in place.
(8) Equipment that was installed in a food service establishment
prior to the effective date of this ordinance, and that does not fully
meet all of the design and fabrication requirements of this section,
shall be deemed acceptable in that establishment if it is in good
repair, capable of being maintained in a sanitary condition, and the
food-contact surfaces are nontoxic. Replacement equipment and new
equipment acquired after the effective date of this ordinance shall
meet the requirements of this ordinance.
SECTION 14-15. 14 . EQUIPMENT INSTALLATION AND LOCATION
( 1 ) Equipment, including ice makers and ice storage equipment,
shall not be located under exposed or unprotected sewer lines or water
lines, open stairwells, or other sources of contamination. This
requirement does not apply to automatic fire protection sprinkler
heads that may be required by law.
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( 2 ) Equipment that is placed on tables or counters, unless
portable, shall be sealed to the table or counter or elevated on legs
to provide at least a 4-inch clearance between the table or counter
and equipment and shall be installed to facilitate the cleaning of the
equipment and adjacent areas .
Equipment is portable within the meaning of this section if:
(a) It is small and. light enough to be moved easily by one
person; and
(b) It has no utility connection, or has a. utility
connection that disconnects quickly, or has a flexible utility
connection line of sufficient .Length to permit the equipment to be
moved for easy cleaning.
( 3 ) Floor-mounted equipment, unless readily movable, shall be:
(a) Sealed to the floor; or
(b) Installed on a raised platform of concrete or other
smooth masonry in a way that meets all the requirements for sealing or
floor clearance; or
(c) Elevated on legs to provide at lease a 6-inch clearance
between the floor and equipment, except that vertically mounted floor
mixers may be elevated to provide at lea.set a 4-inch clearance between
the floor and equipment if no part of the floor under the mixer is
more than 6 inches from cleaning access.
(4 ) Equipment. is easily movable if:
(a) It is mounted on wheels or casters; and
(b) It has no utility connection or has a utility connection
that disconnects quickly, or has a flexible utility line of sufficient
length to permit the equipment to be moved for easy cleaning.
(5 ) Unless sufficient space is provided for easy cleaning
between, behind and above each unit of fixed equipment, the space
between it and adjoining equipment units and adjacent walls or
ceilings shall be not more than 1/32 inch; or if exposed to seepage,
the equipment shall be sealed to the adjoining equipment or adjacent
walls or ceilings.
( 6 ) Aisles and working spaces between units of equipment and
walls shall be unobstructed and of sufficient width to permit
employees to perform their duties readily without contamination of
food or food-contact surfaces by clothing or personal contact . All
easily movable storage equipment such as pallets, racks, and dollies,
shall be positioned to provide accessibility to working areas .
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SECTION 14-15. 15. EQUIPMENT AND UTENSIL CLEANING AND SANITATION
( 1) Tableware shall be washed, rinsed, and sanitized after each
use.
( 2 ) To prevent crass-contamination, kitchenware and food-contact
surfaces of equipment shall be washed, rinsed, and sanitized after
each use and following any interruption of operations during which
time contamination may have occurred.
( 3) Where equipment and utensils are used for the preparation of
potentially hazardous foods on a continuous or production-line basis,
utensils and the food-contact surfaces of equipment shall be washed,
rinsed, and sanitized at intervals throughout the day on a schedule
based on food temperature, type of food, and amount of food particle
accumulation.
(4 ) The food--contact surfaces of grills, griddles, and similar
cooking devices and -the cavities and door seals of microwave ovens
shall be cleaned at least once a day; except that this shall not apply
to hot oil cooking equipment and hot oil filtering systems. The food-
contact surfaces of all cooking equipment shall be kept free of
encrusted grease deposits and other accumulated soil.
( 5 ) Non-food-contact surfaces of equipment shall be cleaned as
often as is necessary to keep the equipment free of accumulation of
dust, dirt, food particles, and other debris.
(6 ) Cloths used for wiping food spills on tableware, such as
plates or bowls being served to the consumer, shall be clean, dry and
used for no other purpose.
(7 ) Moist cloths or sponges used for wiping food spills on
kitchenware and food-contact surfaces of equipment shall be clean and
rinsed frequently in one of the sanitizing solutions permitted in
paragraph 9 and used for no other purpose. These cloths and sponges
shall be stored in the sanitizing solution between uses.
(8 ) Moist cloths or sponges used for cleaning non-food-contact
surfaces of equipment such as counters, dining table tops and shelves
shall be clean and rinsed as specifier] in paragraph 7, and used for no
other purpose. These cloths and sponges shall be stored in the
sanitizing solution between uses.
(9 ) For manual washing, rinsing and sanitizing of utensils and
equipment, a sink with not fewer than three compartments shall be
provided and used. Sink compartments shall be large enough to permit
the accomodation of the equipment and utensils, and each compartment
of the sink shall be supplied with hot and cold potable running water.
Fixed equipment and utensils and equipment too large to be cleaned in
sink compartments shall be washed manually or cleaned through pressure
spray methods .
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( 10) Drain boards or easily movable dish tables of adequate size
shall be provided for proper handling of soiled utensils prior to
washing and for cleaned utensils following sanitizing and shall be
located so as not to interfere with the proper use of the dishwashing
facilities.
( 11 ) Equipment and utensils shall be pre flushed or prescraped
and, when necessary, presoaked to remove gross food particles and
soil.
( 12 ) Except for fixed equipment and utensils ton large to be
cleaned in sink compartments, manual washing, rinsing and sanitizing
shall be conducted in the following* sequence:
(a) Sinks shall be cleaned prior to use.
(b) Equipment and utensils shall be thoroughly washed in the
first compartment with a hot detergent solution that is kept clean.
(c) Equipment and utensils shall be .rinsed free of detergent
and abrasives with clean water in the second compartment .
(d) Equipment and utensils shall be sanitized in the third
compartment according to one of the methods included in paragraphs 13-
15 .
( 13 ) The food-contact surfaces of all equipment and utensils
shall be sanitized by:
(a) Immersion for at least one-half ( 1/2 ) minute in clean,
hot water at a temperature of at least 170°F; or
(b) Immersion for a. least one minute in a clean solution
containing at least 50 parts per million of available chlorine as a
hypochlorite and at a temperature of at least 75°F; or
(c) Immersion for at least one minute in a clean solution
containing at least 12 .5 parts per million of available iodine and
having a pH not higher than 5.0 and at a temperature of at least
'15°F; or
(d) Immersion in a clean solution containing any other
chemical sanitizing agent recognized by the Missouri Division of
Health as effective and that will provide the equivalent bactericidal
effect of a solution containing at least 50 parts per million of
available chlorine as a hypochlorite at a temperature of at least 75°F
for one minute; or
(e) Treatment with steam free from materials or additives
other than those prohibited by the Missouri Division of Health in the
case of equipment too large to sanitize by immersion, but in which
steam can be confined; or
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IN !!I) S11111111�
(f) Rinsing, spraying, or swabbing with a chemical
sanitizing solution of at least twice the strength required for that
particular sanitizing solution under. paragraph 13(d) in the case of
aahL equipment too large to sanitize by immersion.
( 14 ) When hot water is used for sanitizing, the following
facilities shall be provided and used:
(a) An integral heating device or fixture installed in, on,
or under the sanitizing compartment of the sink capable of maintaining
the water at a temperature of at least 170°F; and
(b) A numerically scaled indicating thermometer, accurate to
t3°F, convenient to the sink for frequent checks of water temperature;
and
(c) Dish baskets of such size and design to permit complete
immersion of the tableware, kitchenware, and equipment in the hot
water.
( 15) When chemicals are used for sanitization, they shall not
have concentrations higher than the maximum permitted by the Missouri
Division of Health and a test kit or other device that accurately
measures the parts per million concentration of the solution shall be
provided and used.
( 16) Cleaning and sanitizing may be done by spray-type or
immersion dishwashing machines or by any other type of machine or
device if it is demonstrated that it thoroughly cleans and sanitizes
equipment and utensils . These machines and devices shall. be properly
installed and maintained in good repair. Machines and devices shall be
operated in accordance with manufacturers ' instructions, and utensils
and equipment placed in the machine: shall. be exposed to all
dishwashing cycles. Automatic detergent dispensers, wetting agent
dispensers, and liquid sanitizer injectors, if any, shall be properly
installed and maintained.
( 17 ) The pressure of f:i..nal rinse water_ supplied to spray-type
dishwashing machines shall not be less than 15 nor more than 25 pounds
per square inch measured in the water line immediately adjacent to the
final rinse control valve. A 4• i.nch IPS valve shall be provided
immediately upstream from the final rinse control valve to permit
checking the flow pressure of the final rinse water .
( 18) Machine or water line mounted numerically scaled indicating
thermometers, accurate to ±3°F, shall. be provided to indicate the
temperature of the water in each tank of the machine and the
temperature of the final rinse water as it enters the manifold.
( 19) Rinse water tanks shall be protected by baffles, curtains,
or other effective means to minimize the entry of wash water into the
rinse water. Conveyors in dishwashing machines shall. be accurately
timed to assure proper exposure times in wash and rinse cycles in
accordance with manufacturers ' specifications attached to the
machines.
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NITMERNONSM lama
(20 ) Drain boards shall be provided. and be of adequate size for
the proper handling of soiled utensils prior to washing and of cleaned
utensils following sanitization and shall be so located and
constructed as not to interfere with the proper use of the dishwashing
facilities. This does not preclude the use of easily movable dish
tables for the storage of soiled utensils or the use of easily movable
dish tables for the storage of clean utensils following sanitization.
(21) Equipment and utensils shall be flushed or scraped and, when
necessary, soaked to remove gross food particles and soil prior to
being washed in a dishwashing machine unless a prewash cycle is a part
of the dishwashing machine operation. Equipment and utensils shall be
placed in racks, trays, or baskets, or on conveyors, in a way that
food-contact surfaces are exposed to the unobstructed application of
detergent wash and clean rinse waters and that permits free draining.
(22 ) Machines (single-tank, stationary-rack, door-type machines
and spray-type glass washers) using chemicals for sanitization may be
used: Provided, that,
(a) The temperature of the wash water shall not be less than
120°F.
(b) The wash water shall be kept clean.
(c) Chemicals added for sanitization purposes shall be
automatically dispensed.
(d) Utensils and equipment shall be exposed to the final
chemical sanitizing rinse in accordance with manufacturers '
specifications for time and concentration.
(e) The chemical sanitizing rinse water temperature shall be
not Less than 750F nor less than the temperature specified by the
machine's manufacturer.
(f ) Chemical. sanit ize.rs used shall meet the requirements of
the Missouri Division of Health.
( g) A test kit or other device that accurately measures the
parts per million concentration of the solution shall be available and
used.
( 23 ) Machines using hot water for sanitizing may be used provided
that wash water and pumped rinse water shall be kept clean and water
shall be maintained at not less than the temperature stated in
paragraphs 22( a--e) .
(a) Single-tank, stationary-rack, dual temperature machine:
Wash temperature 150°.F
Final rinse temperature 180°F
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MID
i BE=
(b) Single-tank, stationary-rack, single-temperature machine:
Wash temperature 165*F
Final rinse temperature 165°F
(c) :jingle-tank, conveyor machine:
Wash temperature 160°F
Final rinse temperature 3.80°F
(d) Multitank, conveyor machine:
Wash temperature 150°F
Pumped rinse temperature 160°F
Final rinse temperature 180°F
(e) Single-tank, pot , pan, and utensil washer (either station-
ary or moving-rack) :
Wash temperature 140°F
Final rinse temperature 180*F
(24 ) All dishwashing machines shall be thoroughly cleaned at
least once a day or more often when necessary to maintain them in a
satisfactory operating condition.
(25 ) After sanitation, all equipment and utensils shall be air
dried.
SECTION 14-15. 3.6. EQUIPMENT AND UTENSIL STORAGE
( 1) Cleaned and sanitized equipment and utensils shall be handled
in a way that protects them from contamination. Spoons, knives, and
forks shall be touched only by their. handles. Cups, glasses, bowls,
plates and similar items shall be handled without contact with inside
surfaces or surfaces that contact the user' s mouth.
(2 ) Cleaned and sanitized utensils and equipment shall be stored
at least 6 inches above the floor in a clean, dry location in a way
that protects them frorin contamination by splash, dust, and other
means. The food-contact surfaces of fixed equipment shall also be
protected from contamination. Equipment and utensils shall not be
placed under exposed sewer lines or water lines, except for automatic
fire protection sprinkler heads that may be required by law. .
(3 ) Utensils shall be air dried before being stored or shall be
stored in a self-draining position.
(4 ) Glasses and cups shall be stored inverted. Other stored
utensils shall be covered or inverted, wherever practical. Facilities
for the storage of knives, forks, and spoons shall be designed and
used to present the handle to the employee or consumer. Unless
•- 18 -
tableware is prewrapped, holders for knives, forks, and spoons at
self-service locations shall protect these articles from contamination
and present the handle of the utensil to the consumer.
(5 ) (a) Single-service articles shall be stored at least 6
inches above the floor in closed cartons or containers which protect
them from contamination and shall not be placed under exposed sewer
lines or water limes, except for automatic fire protection sprinkler
heads that may be required 'by law.
(b) Single-service articles shall be handled and dispensed
in a manner that prevents contamination of surfaces which may come in
contact with food or with the mouth of the user.
(c) Single-service knives, forks and spoons packaged in
bulk shall be inserted into holders or be wrapped by an employee who
has washed his hands immediately prior to sorting or wrapping the
utensils . Unless single-service knaves, forks and spoons are
prewrapped or prepackaged, holders shall be provided to protect these
items from contamination and present the handle of the utensil to the
consumer.
( 6 ) The storage of food equipment, utensils or single-service
articles in toilet rooms or vestibules is prohibited.
SECTION 14-15 . 17 . WATER SUPPLY
( 1) Enough potable water for the needs of the food service
establishment shall be provided from a source constructed and operated
according to law.
( 2 ) All potable water not provided directly by pipe to the food
service establishment from the source shall be transported in a bulk
water transport system and shall be delivered to a closed-water
systern. Both of these systems shall be constructed and operated
according to law.
( 3) Bottled and packaged potable water shall be obtained from a
source that complies with all laws and shall be handled and stored in
a way that protects it front contamination. Bottled and packaged
potable water shall. be dispensed from the original container.
(4 ) Waiver under pressure at the required temperatures shall be
provided to all fixtures and equipment. that use water.
( 5) Stearn used in contact with food or food-contact surfaces
shall be free from any materials or additives other than those
approved by the Missouri Division of Health.
SECTION 14-15. 18 . SEWAGE
All sewage, including .liquid waste, shall be disposed of by a
public sewerage system or by a sewage disposal system constructed and
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q
operated according to law. Non-water-carried sewage disposal
facilities are prohibited, except (as permitted by Section 14-15.26 ( 1-
10) (pertaining to temporary food service establishments ) or as
permitted by the health authority in remote areas or because of
special situations.
SECTION 14-15. 19. PLUMBING
( 1 ) Plumbing shall be sized, installed, and maintained according
to law. There shall be no cross-connection between the potable water
supply and any non-potable or questionable water supply nor any source
of pollution through which the potable water supply might become
contaminated.
(2 ) A nonpotable water system is permitted only for purposes such
as air-conditioning and fire protection and only if the system is
installed according to law and the nonpotable water does not contact,
directly or indirectly, food, potable water, equipment that contacts
food, or utensils. The piping of any nonpotable water system shall be
durably identified so that it is readily distinguishable from piping
that carries potable water.
( 3 ) The potable crater system shall be installed to preclude the
possibility of backflow. Devices shall be installed to protect against
backflow and back siphonage at all fixtures and. equipment where an air
gap at ?.east twice the diameter of the water supply inlet is not
provided between the water supply inlet and the fixture's flood level.
rim. A hose shall not be attached to a faucet unless a backflow
prevention device is installed.
(4 ) If used, grease traps shall. be located to be easily
accessible for cleaning.
( 5 ) If used, garbage grinders shall be installed and maintained
according to law.
( 6) Except for properly trapped open sinks, there shall be no
direct connection between the sewerage system and any drains
originating from equipment in which food, portable equipment, or
utensils are placed. When a dishwashing machine is located within 5
feet of a trapped floor drain, the dishwasher waste outlet may be
connected directly on the inlet side of a properly vented floor drain
trap if permitted by law.
SECTION 14•-15.20. TOILET FACILITIES
( 1) Toilet facilities shall be installed according to law, shall
be the number required by law, shall be conveniently located, and
shall be accessible to employees at all times.
(2 ) Toilets and urinals shall be designed to be .easily cleanable.
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( 3 ) Toilet rooms shall be completely enclosed and shall have
tight-fitting, self--closing, solid doors , which shall be closed except
during cleaning or maintenance, except as provided by law.
Alm (4 ) Toilet fixtures shall be kept clean and in good repair. A
supply of toilet tissue shall be provided at each toilet at all times.
Easily cleanable receptacles shall be provided for waste materials.
Toilet rooms used by women shall have at least one covered waste
receptacle.
SECTION 14-15 .21. LAVATORY FACILITIES
( 1 ) Lavatories shall be at least the number required by law,
shall be installed according to law, and shall be located to permit
convenient use by all employees in food preparation areas and utensil-
washing areas.
(2 ) Lavatories shall be accessible to employees at all times .
( 3 ) Lavatories shall also be located in or immediately adjacent
to toilet rooms or vestibules . Sinks used for food preparation or for
washing equipment or utensils shall not be used for handwashing.
(4 ) Each lavatory shall he provided with hot and cold water
tempered by means of a mixing valve or combination faucet. Any self-
closing, slow-closing, or metering faucet used shall be designed to
provide a flow of water for at least 15 seconds without the need to
reactivate the faucet. Steam-mixing valves are prohibited.
( 6 ) Lavatories, soap dispensers, hand-drying devices and all
related fixtures shall be kept clean and in good repair.
SECTION 14-15.22 . GARBAGE AND REFUSE
( 1 ) Garbage and refuse shall be kept in durable, easily
cleanable, insect-proof and rodent-proof containers that do not leak
and do not absorb liquids. Plastic bags and wet-strength paper bags
may be used to line these containers, and they may be used for storage
inside the food service establishment .
(2 ) Containers used in food :reparation and utensil washing areas
shall be kept covered after they are filled.
( 3 ) Containers stored outside the establishment, and dumpsters,
compactors and compactor systems shall be easily cleanable, shall be
provided with tight-fitting lids, doors or covers, and shall be kept
covered when not in actual use. In containers designed with drains,
drain plugs shall be in place at all times, except during cleaning.
(4 ) There shall be a sufficient number of containers to hold all
the garbage and refuse that accumulates.
21 -
( 5 ) Soiled containers shall be cleaned at a frequency to prevent
insect and rodent attraction. Each container shall be thoroughly
cleaned on the inside and outside in a way that does not contaminate
food, equipment, utensils, or food preparation areas. Suitable
facilities, including hot water and detergent or steam, shall be
provided and used for washing containers . Liquid waste from compacting
or cleaning operations shall be disposed of as sewage.
( 6 ) Garbage and refuse on the premises shall be stored in a
manner to make them inaccessible to insects and and .rodents . Outside
storage of unprotected plastic bags or Wet-strength paper bags or
baled units containing garbage or refuse is prohibited. Cardboard or
other packaging material not containing garbage or food wastes need
not be stored in covered. containers.
(7 ) Garbage or refuse storage rooms, if used, shall be
constructed of easily cleanable, nonabsorbent, washable materials,
shall be kept clean, shall be insect-proof and rodent-proof and shall
be large enough to store the garbage and refuse containers that
accumulate.
(8 ) Outside storage areas or enclosures shall be large enough to
store the garbage and refuse containers that accumulate and shall be
kept clean. Garbage and refuse containers, dumpsters and compactor
systems located outside shall be stored on or above a smooth surface
of nonabsorbent material such as concrete or machine-laid asphalt that
is kept clean and maintained in good repair.
(9 ) Garbage and refuse shall be disposed of often enough to
prevent the development of odor and the attraction of insects and
rodents .
( 10 ) Where garbage or refuse is burned on the premises, it shall
be done by controlled incineration that prevents the escape of
particulate matter in accordance with law. Areas around incineration
facilities shall be clean and orderly.
SECTION 14-1.5.23 . INSECT AND RODENT CONTROL
( 1 ) Effective measures intended to minimize the presence of
rodents, flies, cockroaches, and other insects on the premises shall
be utilized. The premises shall be kept in such condition as to
prevent the harborage or feeding of insects or rodents.
(2 ) Openings to the outside: shall be effectively protected
against the entrance of rodents by tight-fitting, self-closing doors,
closed windows, screening, controlled air currents, or other means.
Screen doors shall be self-closing, and screens for windows, doors,
skylights, transoms, intake and exhaust air ducts, and other openings
to the outside shall be tight-fitting and free of breaks . Screening
material shall not be less than 16 mesh to the inch.
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MM
SECTION 14-15.24 . CONSTRUCTION AND MAIN'T'ENANCE OF PHYSICAL FACILITIES
( 1 ) Floors
(a) Floors and floor coverings of all food preparation, food
storage, and utensil-washing areas, and the floors of all walk-in
refrigerating units, dressing rooms, locker rooms, toilet rooms and
vestibules shall be constructed of smooth durable material such as
sealed concrete, terrazzo, ceramic tile, durable grades of linoleum or
plactic, or tight wood impregnated with plastic, and shall be
maintained in good repair. Nothing i.n this section shall prohibit the
use of antislip floor covering in areas where necessary for safety
reasons.
(b) Carpeting, if used as a floor covering, shall be of
closely woven construction, properly installed, easily cleanable, and
maintained in good repair. Carpeting is prohibited in food
preparation, equipment-washing and utensil-mashing areas where it
would be exposed to large amounts of grease and water, in food storage
areas, and toilet room areas where urinals or toilet fixtures are
located.
(c) The use of sawdust, wood shavings, peanut hulls, or
similar material as a floor covering is prohibited.
(d) Properly installed, trapped floor drains shall be
provided in floors that are water-flushed for cleaning or that receive
discharges of water or other fluid waste from equipment, or in areas
where pressure spray methods for cleaning equipment are used. Such
floors shall be constructed only of sealed concrete, terrazzo, ceramic
tile or similar materials, and shall be graded to drain.
(e) Mats and duckboards shall be of nonabsorbent, grease
resistant materials and of such size, design, and construction as to
facilitate their being easily cleaned. Duckboards shall not be used as
storage racks .
(f) In all new or extensively remodeled establishments
utilizing concrete, terrazzo, ceramic the or similar flooring
materials, and where water-flush cleaning methods are used, the
junctures between walls and floors shall be coved and sealed. In all
other cases, the juncture between walls and floors shall not present
an open seam of more than 1/32 inch.
(g) Exposed utility service lines and pipes shall be
installed in a way that does not obstruct or prevent cleaning of the
floor. In all new or extensively remodeled establishments,
installation of exposed horizontal. utility lines and pipes on the
floor is prohibited.
(2 ) Walls and ceilings
(a) Walls and ceilings, including doors , windows, skylights,
and similar closures, shall be maintained in good repair.
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(b) The walls, including nonsuppor.ting partitions, wall
coverings, and ceilings of walk-in refrigerating units, food
preparation areas, equipment-washing and utensil-washing areas, toilet
rooms and vestibules shall be light colored, smooth, nonabsorbent, and
easily cleanable. Concrete or pumice blocks used for interior wall
construction in these locations shall be finished and sealed to
provide an easily cleanable surface.
(c) Studs, ;joists, and rafters shall not be exposed in walk-
in refrigerating units, food preparation areas, equipment-washing and
utensil-washing areas, toilet rooms and vestibules . If exposed in
other rooms or area,, they shall. be finished to provide an easily
cleanable surface.
(d) Exposed utility service lines and pipes shall be
installed in a way that does not obstruct or prevent cleaning of the
walls and ceilings. Utility service lines and pipes shall not be
unnecessarily exposed on walls or ceilings in walk-in refrigerating
units, food preparation areas, equipment-washing and utensil-washing
areas, toilet rooms and vestibules.
(e) Light fixtures, vent covers, wall-mounted fans,
decorative materials, and similar equipment attached to walls and
ceilings shall be easily cleanable and shall be maintained in good
repair. .
(f) Wall and ceiling covering materials shall be attached
and sealed so as to be easily cleanable.
( 3 ) Cleaning Physical Facilities
(a) Cleaning of floors and walls, except emergency cleaning
of floors, shall be done during periods when the Least amount of food
is exposed, such as after closing or between meals . Floors, mats,
Buckboards, walls, ceilings, and attached equipment and decorative
materials shall be kept clean. Only dustless methods of cleaning
floors and walls shall be used, such as vacuum cleaning, wet cleaning,
or the use of dust-arresting sweeping compounds with brooms .
(b) In new or extensively remodeled establishments at least
one utility sink or curbed cleaning facility with a floor drain shall
be provided and used for the cleaning of mops or similar wet floor
cleaning tools and for the disposal of mop-water or similar liquid
wastes. The use of lavatories, utensil-washing or equipment-washing,
or food preparation sinks for this purpose is prohibited.
(4 ) Lighting
(a) Permanently fixed artificial light sources shall be
installed to provide at least 20 foot candles of light on all food
preparation surfaces and at equipment or utensil-washing work levels .
(b) Permanently fixed artificial light sources shall be
installed to provide, at a distance of 30 inches from the floor:
24 -
MRI
1. At least 20 foot candies of light in utensil and
equipment storage areas an30 inches from the floor:
Aft 1. At least 20 foot candles of .sight in utensil and
My equipment storage areas and in lavatory and toilet areas ; and
2. At least 10 foot candles of light in walk-in
refrigerating unit,, dry food storage areas, and in all other areas.
This shall also include dining areas during cleaning operations .
(c) Shielding to protect against broken glass falling onto
food shall be provided for all artificial lighting fixtures located
over, by, or within food storage, preparation, service, and display
facilities, and facilities where utensils and equipment are cleaned
and stored.
(d) Infrared or other heat :tamps shall be protected against
breakage by a shield surrounding and extending beyond the bulb,
leaving only the face of the bulb exposed.
( 5 ) Ventilation
(a) All rooms shall have sufficient ventilation to keep them
free of excessive heat, steam, condensation, vapors, obnoxious odors,
smoke and fumes. Ventilation systems shall be installed and operated
according to law and, when vented to the outside, shall not create an
unsightly, harmful or unlawful discharge.
(b) Intake and exhaust air ducts shall be maintained to
prevent the entrance of dust, dirt, and other contaminating materials .
(c) In new or extensively remodeled establishments, all
rooms from which obnoxious odors, vapors or fumes originate shall be
mechanically vented to the outside.
( 6 ) Dressing Rooms and Locker Areas
(a) If employees routinely change clothes within the
establishment, rooms or areas shall be designated and used for that
purpose. These designated rooms or areas shall not be used for food
preparation, storage or service, or for utensil washing or storage.
(b) Enough lockers or other suitable facilities shall be
provided and used for the orderly storage of employee clothing and
other belongings . Locker: or other suitable facilities may be located
only in the designated dressing rooms or in food storage rooms or
areas containing only completely packaged food or packaged single-
service articles.
(7 ) Poisonous or Toxic Materials
(a) There shall be present in food service establishments
only those poisonous or toxic materials necessary for maintaining the
establishment, cleaning and sanitizing equipment and utensils, and
controlling insects and rodents.
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(b) Containers of poisonous or toxic materials shall be
prominently and distinctly labeled according to law for easy
identification of contents .
is ( c) 1. Poisonous or toxic materials consist of the
following categories:
a. Insecticides and r•odenticides;
b. Detergents, sanitizers, and related cleaning or
crying agents
c. Caustics , acids, polishes, and other chemicals .
2. Each of the three categories set forth in paragraph
1 of this section shall be stored and physically located separate from
each other. All poisonous or toxic materials shall be stored in
cabinets or other similar physically separate place used for no other
purpose. To preclude contamination, poisonous or toxic materials shall
not be stored above food, food equipment, utensils or single-service
articles, except that this requirement does not prohibit the
convenient availability of detergents or sanitizers at utensil or
dishwashing stations.
(d) 1. Bactericides, cleaning compounds or other compounds
intended for use on food--contact surfaces shall not be used in a way
that leaves a toxic residue on such surfaces or that constitutes a
hazard to employees or other persons.
2. Poisonous or toxic materials shall not be used in a
way that contaminates food, equipment, or utensils, nor in a way that
constitutes a hazard to employees or other person,, nor in a way other
than in full compliance with the manufacturer's labeling.
(e) Personal medications shall not be stored in food
storage, preparation or service areas .
(f) First- aid supplies shall be stored in a way that
prevents them from contaminating food and food-contact surfaces.
(8) Premise:
(a) Food service establishments and all parts of property
used in connection with their operations shall. be kept free of litter.
(b) The walking and driving surfaces of all exterior areas
of food service establishments shall be surfaced with concrete or
asphalt, or with gravel or similar materials effectively treated to
facilitate maintenance and minimize dust. These surfaces shall be
graded to prevent pooling and shall be kept free of litter.
(c) Only articles necessary for the operation and
maintenance of the food service establishment shall be stored on the
premises.
_, 26 ..
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(d) The traffic of unnecessary persons through the food-
preparation and utensil.-washing areas is prohibited.
(e) No operation of a food service establishment shall be
conducted in any room used as living or sleeping quarters. Food
service operations shall be separated from any living or sleeping
quarters by complete partitioning and solid., self-closing doors .
( f) 1. Laundry facilities in a food service establishment
shall be restricted to the washing and drying of linens, cloths,
uniforms and aprons necessary to the operation. If such items are
laundered on the premises , an electric or gas dryer shall be provided
and used.
2 . Separate rooms shall be provided for laundry
facilities except that such operations may be conducted in storage
rooms containing only packaged foods or packaged single-service
articles .
(g) 1. Clean clothes and 'linens shall be stored in a clean
place and protected from contamination until used.
2. Soiled clothes and linens shall be stored in
nonabsorbent containers or washable laundry bags until removed for
laundering.
(h) Maintenance and cleaning tools such as brooms, mops,
vacuum cleaners and similar_ equipment shall be maintained and stored
in a way that does not contaminate .food, utensils, equipment, or
linens and shall be stored in an orderly manner for the cleaning of
that storage location.
( i) Live animals, including birds and turtles, shall be
excluded from within -the food service operational premises and from
adjacent areas under the control of the permit holder. This exclusion
does not apply to edible fish, cru.ta.cea, shellfish, or to fish in
aquariums. Patrol dogs accompanying security or police officers, or
guide dogs accompanying blind persons, shall be permitted in dining
areas.
SECTION 14-15.25. MOBILE FOOD UNITS OR PUSHCARTS
( 1) Mobile Food Service
(a) Mobile food units or pushcarts shall comply with the
requirements of this chapter, except as otherwise provided in this
paragraph and in paragraph (b) . The health authority may impose
additional requirements to protect against the health hazards related
to the conduct of the food service establishment as a mobile
operation, may prohibit the ;ale of some or all. potentially hazardous
food, and when no health hazard will result, may waive or modify
requirements of this article relating to physical facilities, except
those requirements of section 14-15.25 ( ld-e, 2a-b, 3a-e) .
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(b) Mobile Food units or pushcarts serving only food
prepared, packaged in individual. servings , transported and stored
under conditions meeting the requirements of this article, or
beverages that are not potentially hazardous and are dispensed from
covered urns or other protected equipment, need not comply with
requirements of this article pertaining to the necessity of water and
sewage systems nor to those requirements pertaining to the cleaning
and sanitization of equipment and utensils if the: required equipment
for cleaning and sanitization exists at the commissary. However,
frankfurters may be prepared and served from these units or pushcarts.
(c) Mobile food units or pushcarts shall provide only
single-service articles for use by the consumer.
(d) A mobile food unit requiring a waiver system shall have a
potable water: system under pressure. The system shall be of sufficient
capacity to furnish enough hot and cold water for food preparation,
utensil cleaning and sanitizing, and ha.ndwashing, in accordance with
the requirements of this article. The water inlet shall be located so
that it will not be contaminated by waste discharge, road dust, oil,
or grease, and it shall be kept capped unless being filled. The water
inlet shall be provided with a transition connection of a size or type
that will prevent its use for any other service. All water
distribution pipes or tubing shall be constructed and installed in
accordance with the requirements of this article.
(e) If liquid waste results from operation of a mobile food
unit, the waste shall be stored in a permanently installed retention
tank that is of at least 15 percent Larger capacity than the water
supply tank. 'Liquid waste shall not be discharged from the retention
tank when the mobile food unit is in motion. All connections on the
vehicle for servicing mobile food unit waste disposal facilities shall
be of a different size or type than those used for supplying potable
water to the mobile food unit. The waste connection shall be located
lower than the water inlet connection to preclude contamination of the
potable water system.
(2 ) Commissary
(a) Mobile food units or pushcarts shall operate from a
commissary or other fixepotable
water to the mobile food unit. The waste connection shall be located
lower than the water inlet connection to preclude contamination of the
potable water system.
(2 ) Commissary
(a) Mobile Food units or pushcarts shall operate from a
commissary or other fixed food service establishment and shall report
at least daily to such location for all supplies and for all cleaning
and servicing operations.
(b) The commissary or other fixed food service establishment
used as a base of operation for mobile food units or pushcarts shall
AOL
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be constructed and operated in compliance with the requirements of
this article..
( 3) Servicing Area and Operations
(a) A mobile food unit servicing area shall be provided and
shall include at least overhead protection for any supplying,
cleaning, or servicing operation. Within this servicing area, there
shall be a location provided for the flushing and drainage of liquid
wastes separate from the location provided for water servicing and for
the loading and unloading of food and related supplies. This servicing
area will not be required where only packaged food is placed on the
mobile food unit or pushcart or where; mobile food units do not contain
waste retention tanks.
(b) The surface of the servicing area shall be constructed
of a smooth nonabsorbent material, such as concrete or machine-laid
asphalt and shall be maintained in good repair, kept clean, and be
graded to drain.
(c) The construction of the walls and ceilings of the
servicing area is exempted from the provisions of sections 14-15.24
(2a-f) .
(d) Potable water servicing equipment shall be installed
according to law and shall be stored and handled in a way that
protects the water and equipment from contamination.
(e) The mobile food unit liquid waste retention tank, where
used, shall be thoroughly flushed and drained during the servicing
operation. All liquid waste shall be discharged to a sanitary sewerage
disposal system in accordance with section 14-15 .1$( 1 ) .
SECTION 14-15.26. TEMPORARY FOOD SERVICE
( 1) A temporary food service establishment shall comply with the
requirements of this article except as otherwise provided. The health
authority may impose additional requirements to protect against health
hazards related to the conduct of the temporary food service
establishment, may prohibit the sale of some or all potentially
hazardous foods, and when no health hazard will .result, may waive or
modify requirements of this article.
(2 ) These provisions are applicable whenever a temporary food
service establishment is permitted.., under the provisions of paragraph
( 1 ) , to operate without complying with all the requirements of this
article.
( 3 ) Only those potentially hazardous foods requiring limited
preparation, such as hamburgers and frankfurters that only require
seasoning and cooking; shall be prepared or served. The preparation or
service of other potentially hazardous foods, including pastries
filled with cream or synthetic cream, custards, and similar products,
and salads or sandwiches containing meat, poultry, eggs or fish is
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till
prohibited. This prohibition does not apply to any potentially
hazardous food that has been prepared and packaged under conditions
meeting the requirements of this ordinance, is obtained in individual
servings, is stored at a temperature of 45°F or below or at a
temperature of 140°F or above in facilities meeting the requirements
of this article, and is served directly in the unopened container in
which it was packaged.
(4 ) Ice that is consumed or that contacts food shall be made
under conditions meeting the requirements of this article. The ice
shall be obtained only in chipped, crushed, or cubed form and in
single-use safe plastic or wet-strength paper bags filled and sealed
at the point of manufacture. The ice shall be held in these bags until
it is dispensed in a way that protects it from contamination.
(5) Equipment shall be located and installed in a way that
prevents food contamination and that also facilitates cleaning the
establishment..
(6) Food-contact surfaces of equipment shall be protected from
contamination by consumers and other contaminating agents. Effective
shields for such equipment shall be provided, as necessary, to prevent
contamination,
(7 ) All. temporary food service establishments without effective
facilities for cleaning and sanitizing tableware shall provide only
single-service articles for use by the consumer.
(8) Enough potable water shall be available in the establishment
for food preparation, for cleaning and sanitizing utensils and
equipment, and for handwashing. A heating facility capable of
producing enough hot water for these purposes shall be provided on the
premises.
(9 ) Storage of packaged food in contact with water or undrained
ice is prohibited. Wrapped sandwiches shall not be stored in direct
contact with ice.
( 10) All sewage, including liquid waste, shall be disposed of
according to law.
( 11) A convenient handwashing facility shall be available for
employee handwashing. This facility shall consist of, at least, warm
running water, soap, and individual paper towels.
( 12 ) Floors shall be constructed of concrete, asphalt, tight
wood, or other similar cleanable material kept in good repair. Dirt or
gravel, when graded -to drain, may be used as subflooring when covered
with clean, removable platforms or duckboards, or covered with wood
chips, shavings or other suitable materials effectively treated to
control dust.
( 13) Ceilings shall be made of wood., canvas, or other material
that protects the interior of the establishment from the weather.
Walls and ceilings of food preparation areas shall be constructed in a
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ami
way that prevents the entrance of insects . Doors to food preparation
areas shall be solid or screened and shall be self-closing. Screening
material used for walls, doors, or windows shall be at least 16 mesh
to the inch.
( 14 ) Counter-service openings shall not be larger than necessary
for the particular operation conducted. These openings shall be
provided with tight-fitting solid or screened doors or windows or
shall provided with fans installed and operated to restrict the
entrance of flying insects . Counter-service openings shall be kept
closed, except when in actual use.
.SECTION 14-15.27 . COMPLIANCE PROCEDURES
( PERMITS, LICENSES, OR CERTIFICATES )
( 1 ) No person shall operate a food service establishment who does
not have a valid permit, license, or certificate issued by the health
authority. Only a person who complies with the requirements of this
article shall be entitled to receive or retain such a permit, license,
or certificate. Permits, licenses, or certificates are not
transferrable and shall be posted.
( 2 ) Any person desiring to operate a food service establishment
shall make written application for a permit, license, or certificate
on forms provided by the health authority. Such application shall
include the name and address of each applicant, the location and type
of the proposed food service establishment, and the signature of each
applicant.
( 3 ) Prior to approval of an application for a permit, license, or
certificate, the health authority shall inspect the proposed food
service establishment to determine compliance with the requirements of
this article.
(4 ) The health authority shall issue a permit, license, or
certificate to the applicant if its inspection reveals that the
proposed food service establishment complies with the requirements of
this article.
(5 ) The health authority .may, without_ warning, notice, or hearing
suspend any permit, license, or certificate to operate a food service
establishment if the holder, or the operation of the establishment
does not comply with the requirements of this article, or if the
operation of the food service establishment otherwise constitutes a
substantial hazard to public health. Suspension is effective upon
service of the notice required by paragraph ( 6) . When a permit,
license, or certificate is suspended, food service operations shall
immediately cease. , The holder shall be afforded an opportunity for
hearing within 20 days of receipt of a .request for hearing.
( 6 ) Whenever a permit, license, or certificate is suspended, the
holder or the person in charge shall be notified in writing of the
immediate suspension, and that an opportunity for hearing will be
provided if a written request for hearing is filed with the health
man
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authority by the holder within 10 days . If no written request for
hearing is filed within 10 clays , the suspension is sustained. The
health authority may end the suspendion at any time if reasons for
suspension no longer exist.
( 7) The health authority may, after providing opportunity for
hearing, revoke a permit, license, or certificate for serious or
repeated violations of any of the requirements of this article or for
interference with the health authority in the performance of duty.
(8) Prior to revocation, the health authority shall Notify, in
writing, the holder or the person in charge, of the specific reason(s )
for the revocation and that the revocation shall be effective at the
end of the 10 days following service of such notice unless a written
request for hearing is filed with the health authority by the holder
within such 10-day period. If no request for hearing is filed within
the 10-day period, the revocation becomes final.
(9 ) A notice provided for in this article is properly served when
it is delivered to the holder or the person in charge, or when it is
sent by registered or certified mail, return receipt requested, to the
last known address of the holder. A copy of -the notice shall be filed
in the records of the hearth authority.
( 10) The hearings provided for in this article shall be conducted
by the health authority at a time and place designated by it. Any oral
testimony given at a hearing shall be recorded verbatim, and the
presiding officer shall make provision ion for sufficient copies of a
transcript upon request. The health authority shall make a finial
finding based upon the complete hearing record and shall sustain,
modify or rescind any notice or order considered in the hearing. A
written report of the hearing decision shall be furnished to the
holder by the health authority.
( 11) Whenever a revocation has become final, the holder may make
written application for a new permit, license or certificate.
( 12) An inspection of a food service establishment shall be
performed at least once every 6 months. Additional inspections of the
food service establishment shall be performed as often as necessary
for the enforcement of this article.
( 13) Representatives of the health authority, after proper
identification, shall be permitted to enter any food service
establishment at any reasonable time for the purpose of making
inspections to determine compliance with this article. The
representatives shall be permitted -to examine the records of the
establishment to obtain information pertaining to food and supplies
purchased, received, or used.
( 14 ) Whenever an inspection of a food service establishment or
commissary is made, the findings shall be recorded on the inspection
report. The inspection report form shall summarize the requirements of
this article and shall set forth a weighted point value for each
requirement. Inspectional remarks shall be written to reference, by
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K
1
section number, by section number, the section violated and shall
state the correction to be made. The rating score of the establishment
shall be the total of the weighted point values for all violations,
subtracted from 100. A copy of the completed inspection report form
shall be furnished to the person in charge of the establishment at the
conclusion of the inspection. The completed inspection report form is
a public document that shall be made: available for public disclosure
to any person who requests it according to law.
( 15 ) Correction of violations
(a) The completed inspection report form shall :specify a
reasonable period of time for the correction of the violations found;
and correction of the violations shall be accomplished within the
period specified.
(b) If an i.rraninent health hazard exists, such as complete
lack of refrigeration or sewage backup into the establishment, the
establishment shall. immediately cease food service operations.
Operations shall not be resumed until authorized by the health
authority.
(c) All violations of 4- or 5-point weighted items shall be
corrected as soon as possible, but in any event, within 10 days
following inspection. Within 15 days after the inspection, the holder
of the permit:, license or certificate shall submit a written report to
the health authority stating that the 4- or 5-point weighted
violations have been corrected. A follow- up inspection shall be
conducted to confirm correction.
(d) All 1- or 2-point weighted items shall be corrected as
soon as possibly:, but in any event, by the time of the next routine
inspection.
(e) When the rating score of the establishment is less than
60, the establishment: shall initiate corrective action on all
identified violations within 4E hours . One or more reinspections will
be conducted at reasonable time intervals to assure correction.
(:f) In the ease of temporary food service establishments,
all violations shall be corrected within 24 hours . If violations are
not corrected within 24 hours, the establishment shall immediately
cease food service= operations until authorized to resume by the health
authority.
(g) The inspection report shall state that failure to comply
with any time limits for corrections may result in cessation of food
service operations. An opportunity for hearing on the inspection
finding, or the time limitations or both will be provided if a written
request is filed with the health authority within 10 days following
cessation of operations. If a request for hearing is received, a
hearing shall be held within 20 days of receipt of the request.
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(h) Whenever a food service establishment is required under
the provisions of paragraph ( 15 ) to cease operations , it shall not
resume operations until it is shown on reinspection that conditions
responsible for the order to cease operations no longer exist.
Opportunity for reinspection shall be offered within a reasonable
time.
( 16 ) Review of Plans
(a) Whenever a food service establishment is constructed or
extensively remodeled and whenever an existing structure is converted
to use as a food service establishment, properly prepared plans and
specifications for such construction, remodeling, or conversion shall
be submitted to the health authority for review and approval before
construction, remodeling or conversion is begun. The plans and
specifications shall indicate the proposed layout, arrangement,
mechanical plans, and construction materials of work areas, and the
type and model of proposed fixed equipment and facilities. The health
authority shall approve 'the plans and specifications if they meet the
requirements of this article. No food service establishment shall be
constructed, extensively remodeled, or converted except in accordance
with plans and specifications approved by the health authority.
(b) Whenever plans and specifications are required by
paragraph (a) to be submitted to the health authority, the health
authority shall inspect the food service establishment prior to the
start of operations, to determine compliance with the approved plans
and specifications and with the requirements of this article.
( 17 ) Procedure When Infection is Suspected
(a) When the health authority has reasonable cause to
suspect possible disease transmission by an employee of a food service
establishment, it may secure a morbidity history of the suspected
employee or make any other investigation as indicated and shall take
appropriate action. The health authority may require any or all of the
following measures :
1. The immediate exclusion of the employee from
employment in food service establishments;
2. The immediate closing of the food service
establishment concerned until, in the opinion the health authority, no
further danger of disease outbreak exists;
3. Restriction of the employee' s service to some area
of the establishment where there would be no danger of transmitting
disease;
4 . Adequate medical and laboratory examination of the
employee and of other employees .
(b) Any person (or responsible officer of that person) who
violates a provision of this article and any person (or responsible
officer of that person) who is the holder of a permit, license, or
34 -
certificate or who otherwise operates a food service establishment
that does not comply with the requirements of this article, shall be
punished as provided in Section 1-13.
(c ) The health authority may seek to enjoin violations of
this article.
(d) Unconstitutionality Clause: Should any section,
paragraph, sentence, clause, or phrase of this article be declared
unconstitutional or invalid for any reason, the remainder of this
article shall not be affected thereby.
(e) Enforcement Interpretation: This article shall be
enforced by khe health authority in accordance with the
interpretations thereof contained in the 1976 Edition of the "United
States Department of Health, Education and Welfare Food Service
Sanitation Manual" Department of Health, Education and Welfare
Publication #FDA78-2031, a, copy of which shall be on file in the City
Clerk's office.
(f ) Food-Service Establishments Outside Jurisdiction: Food
from food-service establishments outside the jurisdiction of the
health authority may be sold within the city if such food-service
establishments conform to the provisions of this article or to
substantially equivalent provisions. To determine the extent of
compliance with such provisions,, the health authority may accept
reports from responsible authorities in other jurisdictions where such
food-service establishments are located.
Section 3. This Ord?.nance shall be in full force and effect from
and after its passagJJe�1+ and approval.
Passed Approved w 94
Pres i ng Officer // Mayor
ATTEST:
City Clerk
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