Loading...
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. Aak - 1 - (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 . - 2 -- ( 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. - 3 - (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 AL -- 4 - 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 5 _ 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: 6 - (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. _. 7 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 _ g _ NINNAMMIN WERE= (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. _. 9 . 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 10 - 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. i (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. - 12 - Q ( 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 . AM 13 - v 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 . 14 - X 11111 "S IF I�IIII ( 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 - 15 -- 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. 16 - 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 1.7 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 -- 19 - 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. ARK 20 - ( 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. - 22 - 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. - 23 - (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. - 25 - (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 .. WA (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) . - 27 - (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 - 28 - 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 29 - 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 _ 30 _ 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 31 - 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 32 - 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. 33 - (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 35 -