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ORD07772
AMENDED BILL NO. INTRODUCED BY COUNCILMAN: Skain ORDINANCE NO. ?271 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI REPEALING ORDINANCE 61'77 OF THE CITY REGULATING FOOD SERVICE ESTABLISHMENTS AND ENACTING IN LIEU THEREOF A NEW ORDINANCE REIATING TO THE SAME SUBJECT BY DEFINING FOOD, POTENTIALLY HAZARDOUS FOOD, ADULTERATED, MISBRANDED, FOOD-SERVICE ESTABLISHMENT, TEMPORARY FOOD-SERVICE ESTABLISHMENT, HEALTH AUTHORITY, UTENSILS, EQUIPMENT, ETC. ; PROVIDING FOR THE SALE OF ONLY UNADULTERATED, WHOLESOME, PROPERLY BRANDED FOOD; REGUTATING THE SOURCES OF FOOD, ESTABLISHING SANITATION STANDARDS FOR FOOD, FOOD PROTECTION, FOOD-SERVICE PERSONNEL, FOOD-SERVICE OPERATIONS, FOOD EQUIPMENT AND UTENSILS, SANI- TARY FACILITIES .AND CONTROLS, AND OTHER FACILITIES; REQUIRING PERMITS FOR THE OPERATION OF FOOD-SERVICE ESTABLISHMENTS; REGULATING THE INSPECTION, AND PLACARDING OF SUCH ESTABLISHMENTS; PROVIDING FOR THE EXAMINATION AND CONDEMNATION OF FOOD; PROVIDING FOR THE INCORPORATION BY REFERENCE THE COMPLIANCE PROVISIONS OF THE 1962 EDITION OF THE "UNITED STATES PUBLIC HEALTH SERVICE FOOD SERVICE SANITATION ORDINANCE AND CODE"; AND PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Definitions. The following definitions shall apply in the interpre- tation and the enforcement of this ordinance. 1. Adulterated shall mean the condition of a food (a) if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; (b) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established; (c) if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human con- sumption; (d) if it has been processed, prepared, packed, or held under insanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; (e) if it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter; or (f) .if its container is composed in whole or in part of any poisonous or deleterious sub- stance which may render the contents injurious to health. 2. _Approved shall mean acceptable to the health authority based on his determination as to conformance with appropriate standards and good public health practice. 11IS I11gli 3. CitI shall mean the City of Jefferson, Missouri, and include all territory now within said city or within the limits of the city as same may from time to time be extended or retracted. 4. Closed shall mean fitted together snugly leaving no openings large enough to permit the entrance of vermin. S. Corrosion-Resistant Material shall mean a material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds and sanitizing solutions which may contact it. 6. Easily Cleanable shall mean readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal clean- ing methods. 7. Employee shall mean any person working in a food-service establishment who transports food or food containers, who engages in food preparation or service, or who comes in contact with any food utensils or equipment, whether or not such person is paid a salary, furnished meals, or is a volunteer. 9. Equipment shall mean all stoves, ranges, hoods, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items, other than utensils, used in the operation of a food-service establishment. 9. Food shall mean any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption. 10. Food-Contact Surfaces shall mean those surfaces of equipment and utensils with which food normally comes in contact; and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food. 11. Fc od-Processing Establish ent shall mean a commercial establishment in which .food is processed or otherwise prepared and packaged for human consumption. 12. Food-Service E shall. mean any fixed or mobile restaurant, coffneshop, cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, night club, roadside stand, industrial-feeding establishment, vending machine, delicatessen, private, public, or nonprofit organization or institution routinely serving food, catering kitchen, commissary or similar place in which food or drink is prepared for sale or for ser- vice on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge, and whether or not such establishment is operated for profit, or for charitable, educational or fraternal purposes. 13. Health Authority shall mean the City Physician or the Public Health and Restaurant Inspector -2- of the City of Jefferson, Missouri, or his designated representative. 14. Kitchenware shall mean all multiuse utensils other than tableware used 'in the storage, preparation, conveying, or serving of food. 15. Misbranded shall mean the presence of any written, printed, or graphic matter, upon or accompanying food or containers of food, which is false, or mis- leading, or which violates any applicable State or local labeling requirements. 16. Perishable Food shall mean any food of such type or in such condition as may spoil. 17. Person shall mean an individual, or a firm, partnership, company, corporation, trustee, association, or any public or private entity. 18. Potentially Hazardous Food shall mean any perishable food which con- sists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shell- fish, or other ingredients capable of supporting rapid and progressive growth of in- fectious or toxigenic micro-organisms. 19. Safe Temperatures, as applied to potentially hazardous food, shall mean temperatures of 450 F. or below, and 1400 F. or above. 20. Sanitize shall mean effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health auth- ority as being effective in destroying micro-organisms, including pathogens. 21. Sealed shall mean free of cracks or other openings which permit the entry or passage of moisture. 22. Single-Service Articles shall mean cups, containers, lids, or closures; plates, knives, forks, spoons, stirrers, paddles; straws, place mats, napkins, doilies, wrapping material; and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic, or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then to be discarded. 23. Tableware, shall mean all multiuse eating and drinking utensils, including AM flatware (knives, forks, and spoons). 24. Temporary Food-Service Establishment shall mean any food-service establishment which operates at a fixed location for a temporary period of time, not to exceed 2 weeks, in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering. 25. to sil shall mean any tableware and kitchenware used in the storage, preparation, conveying, or serving of food. -3- 26. hQlesome, shall mean in sound condition, clean, free from adulteration, and otherwise suitable for use as human food. Section B. Food. 1. Food, Supplies: All food in food-service establishments shall be from sources approved or considered satisfactory by the Health Authority, and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption. No hermetically sealed, nonacid, and low-acid food which has been processed in a place other than a commercial food-processing estab- lishment shall be used. REASON: To control foodborne illness and food spoilage, which may result from improperly processed or handled food, the food-service establishment must be concerned with the sources of food which are to be used. The safety and wholesome- ness of food is a basic requirement for the protection of the consumer's health. Accordingly, the provisions listed under Compliance are intended to insure that food in general, as well as certain food which may be potentially hazardous, is obtained from sources which have been approved or are considered satisfactory by the health authority. The use of noncommercially processed, hermetically sealed, nonacid, and low-acid food--i. e. , food with a pH of more than 4. 5--is prohibited because of the history of such food in causing botulism, a type of food poisoning which is frequently fatal. For this reason, such food is required to be obtained only from sources where the conditions and methods of preparation are subject to official regulation or sur- veillance by State or local governmental authorities. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. General: (1) Food in the food-service establishment shall be from a source approved, or considered satisfactory, by the health authority and which is in compliance with applicable State and local laws and regulations. Food from such sources shall have been protected from contamination and spoilage during subsequent handling, packag- ing, and storage, and while in transit. (2) All food in the food-service establishment shall be wholesome and free from spoilage, adulteration, and misbranding. b. Milk and Milk Products: (1) All milk and milk products, including fluid milk, other fluid dairy products and manufactured milk products, shall meet the standards of quality estab- lished for such products by applicable State and local laws and regulations. -4- (2) Only pasteurized fluid milk and fluid-milk products shall be used or served. Dry milk and milk products may be reconstituted in the establishment if used MM for cooking purposes only. (3) All milk and fluid-milk products for drinking purposes shall be pur- chased and served in the original, individual container in which they were packaged at the milk plant, or shall be served from an approved bulk milk dispenser: Provided, that cream, whipped cream or half and half, which is to be consumed on the premises, may be served from the original container of not more than one-half gallon capacity or from a dispenser approved by the health authority for such service, and for mixed drinks requiring less than one-half pint of milk, milk may be poured from one-quart or one-half gallon containers packaged at a milk plant. c. Frozen Desserts: (1) All frozen desserts such as ice cream, soft frozen desserts, ice milk, sherbets, ices, and mix shall meet the standards of quality established for such pro- ducts by applicable State and local laws and regulations. d. Shellfish: (1) All oysters, clams, and mussels shall be from sources approved by the State shellfish authority: Provided, That if the source is outside the State, it shall be one which is certified by the State of origin. (2) Shell stock .shall be identified with an official tag giving the name and certificate number of the original shell-stock shipper and the kind and quantity of shell stock. Fresh and frozen shucked oysters, clams, and mussels, shall be packed in nonreturne'ble containers identified with the name and address of the packer, repacker, or distributor, and the certificate number of the packer or repacker preceded by the abbreviated name of the State. (3) Shucked shellfish shall be kept in the original Container until used. e. Meat and Meat Products: (1) All meat and meat products shall have been inspected for wholesome- ness under an official regulatory program: Provided, That the health authority may accept other sources which are in his opinion satisfactory and which are in com- pliance with applicable State and local laws and regulations. f.' Poultry and Poultry Meat Products: (1) All poultry and poultry meat products shall have been inspected for wholesomeness under an official regulatory program: Provided, That the -health authority may accept other sources which are in his opinion satisfactory and which are in compliance with applicable State and local laws and regulations. -5- 1 g. Bakery Products: (1) All bakery products shall have been prepared in the food-service establishment or in a food-processing establishment: Provided, That the health authority may accept other sources which are in his opinion satisfactory and which are in Compliance with applicable State and local laws and regulations. All cream- filled and custard-filled pastries shall have been prepared and handled in accordance with the requirements of 2,c. (6) of this section. h. Nonacid and Low-Acid Hermetically Sealed Food: (1) All nonacid and low-acid hermetically sealed food shall have been processed in food-processing establishments. 2. Food Protection: All food while being stored, prepared, displayed, served', or sold at food-service establishments, or during transportation between such estab- lishments, shall be protected from contamination. All perishable food shall be stored at such temperatures as will protect against 'spoilage. All potentially hazardous food shall be maintained at safe temperatures (450 F. or below, or 1400 F. or above) ex- cept during necessary periods of preparation and service. Raw fruits and vegetables shall be washed before use. Stuffings, poultry, stuffed meats and poultry, and-pork and pork products shall be thoroughly cooked before being served. Individual portions of food once served to the customer shall not be served again: Provided, That wrapped food which has not been unwrapped and which is wholesome may be re-served. Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitization purposes may be used or stored in food-service estab- lishments. Poisonous and toxic materials shall be identified, and shall'be used only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or customers. REASON: Wholesome food, if mishandled, can become contaminated from a number of sources. Food-protection measures are designed to eliminate the con- tamination of food from any source within the establishment, and to prevent the growth of disease-producing organisms, and the production of bacterial toxins, in the event that pathogens are present in the food. Proper food-protection measures should include (1) strict observation of personal hygiene by all food-service employees; (2) keeping potentially hazardous food refrigerated or heated at all times to temperatures which preclude the growth of any pathogenic organisms which may be present; (3) application of good sanita- tion practices in the storage, preparation, display,and service of food; (4) ,adequate cooking of certain food of animal origin to assure destruction of pathogenic organ- isms which may be present; (5) thorough washing of fruits and vegetables; and (6) the provision of adequate equipment and facilities for the proper conduct of operations. Ih addition, food must be protected against accidental contamination with any toxic substance. -6- COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. General: (1) All food, while being stored;• prepared, displayed, served, or sold in food-service establishments, or transported between such establishments, shall be protected against contamination from dust, flies, rodents, and other vermin; unclean utensils and work surfaces; unnecessary handling; coughs and sneezes; flooding., drainage, and overhead leakage; and any other source. (2) Conveniently located refrigeration facilities, hot food storage and . display facilities, and effective insulated facilities, shall be provided as needded�to assure the maintenance of all food at required temperatures during storage, preparation, display and service. Each cold-storage facility used for the storage of perishable food in nan-frozen state shall be provided with an indicating thermometer accurate to X20 F. , located in the warmest part of the facility in which food is stored, and of such type and so situated that the thermometer can be easily and readily observed for• reading. b. Temperatures: (1) All perishable food shall be stored at such temperatures as will protect against spoilage, (2) All potentially hazardous food shall, except when being prepared and served, and when being displayed for service, be kept at 450 F. , or below, or 1400 F. or above, (3) P11 potentially hazardous food, when paced on display for service, shall be kept hot or cold as required hereafter: (a) If served hot, the temperature of such food shall be kept at 1400 F. or above; (b) If served cold, such food shall be: i Displayed in or on a refrigerated•facility which can reduce or maintain the product temperature at 450 F. or below; or it Piechilled to a temperature of 450 F. or below, when placed on display for service, and the food temperature shall at no time during the.display period exceed 550 F. (4) Following preparation, hollandaise and other sauces which, pending service, must be held in the temperature range of 450 F. to 1400 F. , may be exempt from the temperature requirements of this subsection, if they are prepared from fresh -7- ingredients and are discarded as waste within three hours after preparation. Where such sauces require eggs as an ingredient, only shell eggs shall be used. (5) Frozen food shall be kept at such temperatures as to remain frozen, except when being thawed for preparation or use. Potentially hazardous frozen food shall be thawed at:refrigerator temperatures of 450 F. or below; or under cool.,. potable running water (700 F. or below); or quick-thawed as part of the cooking process; or by any other method satisfactory to the health authority. c. Preparation: (1) Convenient and suitable utensils, such as forks, knives, tongs, spoons, or scoops, shall be provided and used to minimize handling of food at all points where food is prepared. (2) All raw fruits and vegetables shall be washed thoroughly before being cooked or served. (2) Stuffings, poultry, and stuffed meats and poultry, shall be heated, throughout, to a minimum temperature of 1651 F. , with no interruption of the initial cooking process. (4) Pork and pork products which have not been especially treated to destroy trichinae shall be thoroughly cooked to heat all parts of the meat to at least 1500 F. (5) Meat salads, poultry salads, potato salad, egg salad, cream-filled pastries, and other potentially hazardous prepared food shall be prepared (preferably from chilled products) with a minimum of manual contact, and on surfaces and with utensils which are clean and which, prior to use, have been sanitized. (6) Custards, cream fillings, or similar products which are prepared by hot gr cold processes, and which are used as puddings or pastry fillings , shall be kept at safe temperatures, except during necessary periods of preparation and service, and shall meet the following requirements as applicable: (a) Pastry fillings shall be placed in shells, crusts, or other baked goods either while hot (not less than 1401 F.) or immed- iately following preparation, if a cold process is used; or (b) Such fillings and puddings shall be refrigerated at 450 F. or below in shallow pans, immediately after cooking or prepara- tion, and held thereat until 'combined into pastries, or served. (c) All completed custard-filled and cream-filled pastries shall, unless served immediately following filling, be refriger- ated at 450 F. or below promptly after preparation, and held thereat pending service. -8- d. Storage: (1) Containers of food shall be stored above the floor, on clean racks, AS dollies, or other clean surfaces, in such a manner as to be protected from splash and other contamination. (2) Food not subject to further washing or cooking before serving shall be stored in such a manner as -to be protected against contamination from food re- quiring washing or cooking. (3) Wet storage of packaged food shall be prohibited. e. Display and Service: (1) Where unwrapped food is placed on display in all types of food-service operations, including smorgasbords, buffets, and cafeterias, it shall be protected against contamination from customers and other sources by effective, easily clean- able, counter-protector devices, cabinets, display cases, containers, or other similar type of protective equipment. Self-service openings in counter guards shall be so designed and arranged as to protect food from manual contact by customers. (2) Tongs, :forks, spoons, picks, spatulas, scoops, and other suitable utensils shall be provided and shall be used by employees to reduce manual contact with food to a minimum. For self-service by customers, similar implements shall be provided. (3) Dispensing scoops, spoons, and dippers, ttsed in serving frozen desserts, shall be stored, between uses, either in an approved running-water dipper well, or in a manner approved by the health authority. (4) Sugar shall be provided only in closed dispensers or in individual packages. (5) Individual portions of food once served to a customer shall not be served again: Provided, That wrapped food, other than potentially hazardous food, which is still wholesome and has not been unwrapped, may be re-served. f. Transportation: (1) The requirements for storage, display, and general protection against contamination, as contained in this subsection, shall apply in the transporting of all food from a food-service establishment to another location for service or catering operations, and all potentially hazardous food shall be kept at 450 F or below, or 1400 F. or above, during transportation. (2.) During the transportation of food from a food-service establishment, all food shall be in covered containers or completely wrapped or packaged so as to be protected from contamination. -9- YAM g. Poisonous and Toxic Materials: (1) Only those poisonous and toxic materials required to maintain the IV establishment in a sanitary condition, and for sanitization of equipment and utensils, shall be present in any area used in connection with food-service establishments. (2) All containers of poisonous and toxic materials shall be prominently and distinctively marked or labeled for easy identification as to contents. (3) When not in use, poisonous and toxic materials shall be stored in cabinets which are used for no other purpose, or in a place which is outside the food-storage, food-preparation, and cleaned equipment and utensil storage rooms. Bactericides and cleaning compounds shall not be stored in the same cabinet or area of the room with insecticides, rodenticides, or other poisonous materials. (4) Bactericides, cleaning compounds, or other compounds, intended for use on food-contact surfaces, shall not be used in such a manner as to leave a toxic residue on such surfaces, nor to constitute a hazard to employees or customers. (5) Poisonous polishing materials shall not be used on equipment or utensils, nor stored in the establishment. (6) Poisonous compounds, such as insecticides and rodenticides, in powdered form, shall have a distinctive color so as not to be mistaken for food. (7) Poisonous materials shall not be used in any way as to contaminate food, equipment, or utensils, nor to constitute other hazards to employees or customers. Section C. Personnel. 1. Health and Disease Controls: No person while affected with any disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, shall work in any area of a food-service establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organ- isms, or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the establishment has reason to suspect that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the Division of Health immed- iately. REASON: Disease, transmitted through food frequently originates from an infected food handler. A wide range of communicable diseases and infections may be transmitted by food handlers to other employees and customers through contamin- ated food and careless food-handling practices. Boils and sore throats are sources -14- of organisms which cause staphylococcal food intoxication, the most frequently re- ported type of foodborne disease in the United States. It is the responsibility of both management and employees to see that no person who is affected with any disease in a communicable form works in any area of a food-service establishment where there is likelihood of disease transmission. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. Disease control: (1) No person while affected with a disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, or an acute respiratory infection, shall work in a food-service establishment in an area and capacity in which there is a likelihood of transmission of disease to patrons or to fellow employees, either through direct contact or through the contamination of food or food-contact surfaces with pathogenic organisms. No such person shall be employed in such an area and capacity in a food-service establishment. b. Reporting: (1) The manager or person in charge of the establishment shall notify the health authority when any employee of a food-service establishment is known or sus- pected of having a disease in a communicable form. (2) Food handlers to have skin tests for TB annually. Every employee and employer who prepares, handles or dispenses food for human consumption shall have a skin test taken within thirty (30) days previous to their date of employment to determine if the person has tuberculosis. The skin test shall be administered by a duly licensed Missouri physician. If the skin test proves positive, a chest x-ray shall be taken within three days after the person is notified of the result of the skin test. If the chest x-ray shows active tuberculosis, such person shall not be employ- able until authorized in writing by a duly licensed Missouri physician. The skin test shall be effective for a period of one year from the date it is taken. While effective it may be used by the person tested at any authorized food dispensing institution in the city. (3) Food handlers health card. A Food Handler's Health Card shall be issued to any person who has met the requirements of paragraph 2 of this section. The City Health Authority shall place a supply of health cards with every owner and/or operator of a food service establishment in the city. A food handler may obtain a health card from such owner and/or operator. One copy of the Food Handler's Health Card, signed by a physician, shall be filed with the owner and/or operator of the food service establishment, and the two other copies, signed by a physician, shall be filed with the Health Authority. All physicians administering skin tests to determine active tuberculosis under paragraph 2 of Section C hereof shall notify the Health Authority within -11- twenty-four (24) hours of obtaining the result thereof if the skin test shows the person receiving the test has active tuberculosis. Upon receipt of the .report from the physician, the applicant shall furnish the health authority with a copy of same. AM Every owner and/or operator of a food service establishment shall maintain a file of all food Handler's Cards for all of the personnel of said establishment in a manner that will provide convenient access and inspection by the Health Authority at all reasonable times. (4) Cleanliness: All employees shall wear clean outer garments, main- tain a high degree of personal cleanliness, and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand washing facility before starting work, and as often as may be necessary to remove soil and contamination. No employee shall resume work after visiting the toilet room with- out first washing his hands. REASON: Clean personnel with clean habits are essential to sanitary food preparation and service. Clean hands, clean clothing, and hygienic practices re- duce the likelihood of contaminating food, drink, and food-contact surfaces of equipment, utensils, or single-service articles. Hand-washing is necessary not only before starting work and after visiting the toilet, but also at any other times when the hands have become soiled or con- taminated. It must be recognized that hands often become soiled in the performance of routine duties in and about the establishment. The use of tobacco while pre- paring or serving food may contaminate the fingers and hands with saliva, and may promote spitting, thereby permitting transmission of disease organisms present in the saliva to food or food-contact surfaces. Insanitary and unsightly personal practices such as scratching the head, placing the fingers in or about the mouth or nose, or indiscriminate and uncovered sneezing or coughing may not only result in contamination of the food, but may adversely affect consumer confidence in the establishment. Careless handling and unnecessary contact with soiled surfaces of dishes, glasses, cups, table ware, or napkins may expose employees to needless health hazards and should be avoided. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. Hand Washing: (1) All employees shall thoroughly wash their hands and arms with soap and warm water before starting work, and shall wash hands during work hours as often as may be required to remove soil and contamination, as well as after visiting -the toilet room. (2) The hands of all employees shall be kept clean while engaged in handling food and food-contact surfaces. -12- IIBM- (3) Employees shall keep their fingernails clean and neatly trimmed. b. Clothing: (1) The outer garments of all persons, including dishwashers, engaged in handling food or food-contact surfaces shall be reasonably clean. (2) Hair nets, headbands, caps, or other effective hair restraints shall be used by employees engaged in the preparation and service of food to keep hair from food and food-contact surfaces. c. Tobacco: (1) Employees shall not use tobacco in any form while engaged in food preparation or service, or while in equipment and utensil washing or food-preparation areas:. Provided, That designated locations in such areas may be approved by the health authority for smoking, where no contamination hazards will result. d. Other Practices: (1) Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods. Section D. Food Equipment and Utensils. 1. Sanitary Design, Construction, and Installation of Equipment and Utensils. All equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable, and durable, and shall be in good repair; and the food-contact surfaces of such equipment and utensils shall, in addition, be easily accessible for gleaning, nontoxic, corrosion resistant, and relatively non- absorbent: Provided, That, when approved by the Division of Health, exceptions may be made to the above materials requirements for equipment such as cutting boards, blocks, and bakers' tables. All equipment shall be so installed and maintained as to facilitate the clean- ing thereof, and of all adjacent areas. Equipment in use at the time of adoption of this ordinance which does not meet fully the above requirements may be continued in use if it is in good repair, capable of being maintained in a sanitary condition, and the food-contact surfaces are nontoxic. Single service articles shall be made from nontoxic materials. REASON:. Items of equipment and utensils which are poorly designed and con- stnicted, and which are not kept in good repair, are difficult to clean thoroughly and are apt to harbor accumulations of food and other soil which supports bacterial -13- growth. Also, accumulations of food or other soil in difficult-to-clean places on equipment, and in areas adjacent to equipment, may create a vermin-control problem and may tend to cause unpleasant odors. - Food }poisoning has occurred as a result of the ingestion of acid food or drink which has been in contact with equipment or utensils containing such metals as cadmium, .lead, and zinc. Therefore, the product-contact surfaces of equipment, utensils and single-service articles must be nontoxic. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. Design, Construction, and Materials: (1) All equipment and utensils shall be so durable under normal conditions and operations as to be resistant to denting, buckling, pitting, chipping, crazing, and excessive wear; and shall be capable of withstanding repeated scrubbing, scour- ing, and the corrosive action of cleaning and sanitizing agents and food with which they come in contact. (2) Food-contact surfaces of equipment and utensils shall be smooth; shall be free of breaks, open seams, cracks , chips, pits, and similar imperfections; shall be in good repair; and shall be easily cleanable. (3) Materials used as food-contact surfaces of equipment and utensils shall, under use conditions, be corrosion resistant, relatively non-absorbent and nontoxic: Provided, That the corrosion-resistant requirements shall not preclude the use of cast iron as a food-contact material. (4) Food-contact surfaces of equipment and utensils shall be free of difficult-to-clean internal corners and crevices. Threads which routinely contact food shall be of a sanitary design, and no V-type threads shall be used in such a situation. (5) Lubricated bearings and gears of equipment shall be so constructed that lubricants cannot get into the food or onto food-contact surfaces. (6) All :food-contact surfaces, unless designed for in-place cleaning, shall be accessible for manual cleaning and for inspection either: (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 kept available near the equipment, such as a mallet, a screwdriver, or an open-end wrench. (7) Equipment intended for in-place cleaning shall be so designed and -14- constructed that: ANN (a) Cleaning and sanitizing solutions can be circulated throughout a fixed system. (b) Cleaning and sanitizing solutions will contact all interior surfaces. (c) The system is self draining or otherwise completely evacuated. (d) Cleaning procedures result in thorough cleaning of the equipment. (8) Surfaces of equipment not intended for contact with food, but which are exposed to splash, food debris, or otherwise require frequent cleaning, shall be reasonably smooth; washable; free of unnecessary ledges, projections, or crevices; readily accessible for cleaning; and of such material and in such repair as to be readily maintained in a clean and sanitary condition. (9) Cutting blocks and boards, and bakers' tables may be of hard maple or equivalent material which is nontoxic, smooth, and free of cracks, crevices, and open seams. Cutting boards shall be easily removable. Wicker or plastic bread- baskets, when suitably lined, may be used for unwrapped food. (10) Soft solder, when used as a food-contact surface, shall be limited to joining metal or sealing seams between abutting metal surfaces; shall be of such formulation as to be nontoxic under use conditions; shall contain at least 50 percent tin; shall contain no more lead than is necessary under good manufacturing practice; and shall, consistent with good industrial practice in the refining of its constituent elements, be free of cadmium, antimony, bismuth, and other toxic materials. (11) Hard solder (silver solder), when used as a food-contact surface, shall be of such formulation as to be nontoxic under use conditions; shall be cor- rosion resistant; and shall, consistent with good industrial practice in the refining of its constituent elements, be free of cadmium, antimony, bismuth, and other toxic materials. (12) Single-service articles shall be made from nontoxic materials. b. Equipment Installation: (1) Equipment which is placed on tables or counters, unless readily movable, shall be sealed thereto or mounted on legs or feet at least 4 inches high, and shall be so installed as to facilitate the cleaning of the equipment and areas adjacent thereto. (2) Floor-mounted equipment, unless readily movable, shall be sealed -15- to the floor; or shall be installed on raised platforms of concrete or other smooth masonry in such a manner as to prevent liquids or debris from seeping or settling under- neath, between or behind such equipment in spaces which are not fully open for cleaning and inspection; or such equipment shall be elevated at least 6 inches above the floor. The space between adjoining units, and between a unit and the adjacent wall, shall be closed unless exposed to seepage, in which event it shall be sealed; or sufficient space shall be provided to facilitate easy cleaning between, behind, and beside all such equipment. (3) Aisles or working spaces between equipment, and between equipment and walls, shall be unobstructed, and of sufficient width to permit employees to perform readily their duties without contamination of food or food-contact surfaces by clothing or through personal contact. c. Existing Equipment: (1) Equipment which was installed in a food-service establishment prior to the effective date of this ordinance, and which does not meet fully all of the design and construction 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. Such equipment shall be so located and installed as to enable reasonable compliance with all of the require- ments of this subsection pertaining to equipment installation, and all of the require- ments pertaining to food protection. 2. Cleanliness of Equipment and Utensils: All eating and drinking utensils shall be thoroughly cleaned and sanitized after each usage. All kitchenware and food-contact surfaces of equipment, exclusive of cook- ing surfaces of equipment, used in the preparation or serving of food or drink, and all food-storage utensils, shall be thoroughly cleaned after each use. Cooking surfaces of equipment shall be cleaned at least once a day. All utensils and food- contact surfaces of equipment used in the preparation, service, display, or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to such use. Non-food-contact surfaces of equipment shall be cleaned at such inter- vals as to keep them in a clean and sanitary condition. After cleaning and until use, all food-contact surfaces of equipment and utensils shall be so stored and handled as to be protected from contamination. All single-service articles shall be stored, handled, and dispensed in a sanitary mariner, and shall be used only once. Food-service establishments which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles. REASON: Regular, effective cleaning and sanitizing of equipment, utensils, and work surfaces minimizes the chances for contaminating food during preparation, -16- storage, and serving, and for the transmission of disease organisms to customers and employees. Effective cleaning will remove soil and prevent the accumulation of food residues which may decompose or support the rapid development of food- poisoning organisms or toxins. Application of effective sanitizing procedures destroys those disease organisms which may be present on equipment and utensils after cleaning, and thus prevents the transfer of such organisms to customers or employes, either directly through tableware, such as glasses, cups and flatware, or indirectly through the food. Improper storage of equipment and utensils, subsequent to cleaning and sanitizing, exposes them to contamination and can nullify the benefits of these operations. Accordingly, storage and handling of cleaned or sanitized equipment and utensils, and single-service articles, must be such as to adequately protect these items from splash, dust, and other contaminating material. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. Equipment and Utensil Cleanliness: (1) After each usage, all tableware shall be thoroughly cleaned to sight and touch. (2) After each usage, all kitchenware and food-contact surfaces of equip- ment, exclusive of cooking surfaces, used in the preparation, serving, display, or storage of food, shall be thoroughly cleaned to sight and touch. The cooking sur- faces of grills, griddles, and similar cooking devices shall be cleaned at least once • day, and shall be free of incrusted grease deposits and other soil. (3) Non-food-contact surfaces of all equipment used in the operation of • food-service establishment, including tables, counters, shelves, mixers, grinders, slicers, hoods, and fans, shall be cleaned at such frequency as is necessary to be free of accumulations of dust, dirt, food particles, and other debris. (4) Detergents and abrasives shall be rinsed off food-contact surfaces. (,S) Cloths used by waiters, chefs, and other personnel, shall be clean, and any such clothe used for wiping food-contact surfaces shall be used for no other purpose, b. Equipment and Utensil 3anitization: (1) All tableware shall, after each use, be sanitized. A spoon or other utensil, once used for tasking food, shall not be reused until it has been cleaned and sanitized. (2) All kitchenware and food-contact surfaces of equipment used in the preparation, service, display, or storage of potentially hazardous food shall be -17- sanitized prior to such use, and following any interruption of operations during which contamination of the food-contact surfaces is likely to have occurred. Where equipment and utensils are used for the preparation of potentially hazardous food on a continuous or production-line basis, the food-contact surfaces of such equipment, and utensils shall be cleaned and sanitized at intervals throughout the day on a schedule approved by the health authority. c. Methods and Facilities for Washing and Sanitizing: (1) Prior to washing, all equipment and utensils shall be preflushed or prescraped and, when necessary, presoaked to remove gross food particles and soil. (2) Effective concentrations of a suitable detergent shall be used in both manual and mechanical dishwashing. (3) When manual dishwashing is employed, equipment and utensils shall be thoroughly washed in a detergent solution which is kept reasonably clean, and then shall be rinsed free of such solution. All eating and drinking utensils and, where required, the food-contact surfaces of all other equipment and utensils shall be sanitized by one of the following methods: (a) Immersion for at least one-half minute in clean hot water at a temperature of at least 1700 F. (b) Immersion for a period of at least 1 minute in a sanitizing solution containing: i At least 50 ppm of available chlorine at a temperature not less than 750 F. ; or ii At least 12. 5 ppm of available iodine in a solution having a pH not higher than 5. 0 and a temperature of not less than 750 F.; or iii Any other chemical-sanitizing agent which has been demonstrated to the satisfaction of the health authority to be effective and nontoxic under use conditions, and for which a suitable field test is available. Such sanitizing agents, in use solutions, shall provide the equivalent bactericidal effect of a solution containing at least 50 ppm of available chlorine at a temperature not less than 750 F. (c) Equipment too large to treat by methods (a) and (b) above may be treated: i With live steam from a hose, in the case of equip- ment in which steam can be confined; or -18- ii By rinsing with boiling water; or Iii By spraying or swabbing with a chemical sani- tizing solution of at least twice the minimum strength required for the particular sanitizing solution when used for immersion sanitization. (4) A three-compartment sink shall be provided and used wherever washing and sanitization of equipment or utensils are conducted manually: Provided, That establishments where the only utensils to be washed are limited to spatulas, tongs, and similar devices, and when the only equipment to be cleaned is stationary and does not require disassembly for proper cleaning, a one-compartment sink may be approved by the health authority for this purpose. At least a two-compartment sink shall be provided and used for washing kitchenware and equipment which does not require sanitization. Single compartment utility sinks, such as cooks' and bakers' sinks, may be used for the rinsing of utensils. (5) Sinks used for manual washing and sanitizing operations shall be of adequate length, width, and depth to permit the complete imni6r8ion of the equip- ment and utensils, and each compartment of such sinks shall be supplied with hot and cold running water. Dish baskets shall be of such design as to permit complete immersion of the utensils and equipment components being sanitized therein. (6) When hot water is used as the sanitizing agent in manual operations, thermometers, accurate to +_ 20 F. , shall be provided convenient to the sink to Permit frequent checks of the water temperature. (7) Dish tables and drainboards, of adequate size for proper handling of soiled utensils prior to washing and for cleaned utensils following rinsing or sani- tization, shall be provided, and shall be so located or constructed as not to inter- fere with the proper use of the dishwashing facilities: Provided, That drainboards shall not be required for nooks' and bakers' rinse sinks. (8) Sinks, dish tables, and drainboards shall be donstructed of galvan- ized metal or better, suitably reinforced, of such thickness and design as to resist denting and buckling, and sloped so as to be self-draining.. (9) Dishwashing machines shall be of such materials and so designed and constructed as to be easily cleanable, and shall be capable, when operated properly, of rendering all surfaces of equipment and utensils clean to sight and touch, and sanitized. (10) When spray-type dishwashing machines are used, the following additional requirements shall be met: (a) Wash water shall be kept reasonably clean, and rinse- water tanks shall be so protected by distance, baffles, or other effective means as to minimize the entry of wash water into the -19- rinse water. (b) The flow pressure shall be not less than 15 or more than 25 pounds per square inch on the water line at the machine, and not less than 10 pounds per square inch at the rinse nozzles. A suitable gage cock shall be provided immediately upstream from the final rinse sprays to permit checking the flow pressure of the final rinse water. (c) The wash-water temperature shall be at least 1400 F. and in single-tank conveyor machines shall be at least 1600 F. When hot water is relied upon for sanitization, the final or fresh rinse water shall be at a temperature of at least 1800 F. at the entrance of the manifold. When a pumped rinse is provided, the water shall be at a temperature of at least 1700 F. When chem- icals are relied upon for sanitization, they shall be of a class or type approved by the health authority, and shall be applied in such concentration and for such a period of time as to provide effective bactericidal treatment of the equipment and utensils. (d) Conveyors in dishwashing machines shall be accurately timed to assure proper exposure times in wash and rinse cycles. (e) An easily readable thermometer shall be provided in each tank of the dishwashing machine which will indicate to an accuracy of j- 20 F. the temperature of the water or solution therein. In addition, a thermometer of equal accuracy shall be provided which will indicate the temperature of the final rinse water as it enters the manifold. (f) Jets, nozzles, and all other parts of each machine shall be maintained free of chemical deposits, debris, and other soil. Automatic detergent dispensers, if used, shall be kept in proper operating condition. (11) When an immersion-type dishwashing machine is employed for equip- ment and utensil washing and sanitizing, the applicable requirements pertaining to manual dishwashing shall be met: Provided, That a two-compartment system shall be deemed adequate when the temperature of the wash water is maintained at or above 1400 F. and hot water at a temperature of at least 1700 F is used as the sani- tizing agent. (12) Any other type of machine, device, or facilities and procedures may be approved by the health authority for cleaning or sanitizing equipment and-utensils, If it can be readily established that such machine, device, or facilities and pro- cedures will routinely render equipment and utensils clean to sight and touch, and provide effective bactericidal treatment as demonstrated by an average plate count per utensil surface examined, of not more than 100 colonies. -20- d. Storage and Handling of Cleaned Equipment and Utensils: (1) Food-contact surfaces of cleaned and sanitized equipment and utensils shall be handled in such a manner so as to be protected from contamination. Cleaned spoons, knives, and forks shall be picked up and touched only by their handles. Clean cups, glasses, and bowls shall be handled so that fingers and thumbs do not contact inside surfaces or lip-contact surfaces. (2) Cleaned, and cleaned and sanitized, portable equipment and utensils shall be stored above the floor in a clean, dry location, and suitable space and facilities shall be provided for such storage so that food-contact surfaces are pro- tected from splash, dust, and other contamination. The food-contact surfaces of fixed equipment shall also be protected from splash, dust, and other contamination. Utensils shall be air dried before being stored, or shall be stored in a self-draining position on suitably located hooks or racks constructed of corrosion-resistant material. Wherever practicable, stored containers and utensils shall be covered or inverted. Facilities for the storage of flatware (silverware) shall be provided and shall be designed and maintained to present the handle to the employee or customer. e. Single-Service Articles: (1) Single-service articles shall be stored in closed cartons or containers which protect them from contamination. (2) Such articles shall be handled and dispensed in such a manner as to prevent contamination of surfaces which may come into contact with food or with the mouth of the user. (3) Single-service articles shall be used only once. (4) All food-service establishments which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles. Section E. Sanitary Facilities and Controls. 1. Water Supply: The water supply shall be adequate, of a safe, sanitary quality, and from an approved source. Hot and cold running water, under pressure, shall be provided in all areas where food is prepared, or equipment utensils, or con- tainers are washed. Water, if not piped into a permanent, temporary or mobile food service estab- lishment, shall be transported and stored in approved containers, and shall be handled and dispensed in a sanitary manner. Ice used for any purpose shall be made from water which comes from an approved source, and shall be used only if it has been manufactured, stored, trans- ported, and handled in a sanitary manner. -21- REASON: Water, unless of a safe and sanitary quality, may serve as a source of contamination to food, either directly or indirectly, by way of equipment, utensils, and hands. Thus, an unsafe water supply may result in transmission of disease or may be the cause of other illness. Hot and cold water, under pressure, facilitates cleaning of equipment and utensils, and an adequate supply of water is needed at all times to insure that these operations can be carried out effectively. In some areas an adequate supply of potable water is not available, making it necessary to transport water to the food-service establishment. In order to pro- vide protection to consumers and employees, such water should be obtained from an approved source, and should be handled, transported, and dispensed in a sanitary manner. If ice is manufactured from water which is contaminated, or is manufactured, stored, transported, or handled in an insanitary manner, it may contaminate food or beverage with which it comes in contact, and thus may be a source of disease transmission. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. Supply: (1) The water supply shall be adequate, of a safe, sanitary quality, and from an approved public or private water-supply system which is constructed, pro- tected, operated, and maintained in conformance with applicable State and local laws, ordinances, and regulations: Provided, That, if approved by the health auth- ority, a nonpotable water-supply system may be permitted within the establishment for purposes such as air conditioning and fire protection, only if such system com- plies fully with item 3. a, of this section, and the nonpotable water supply is not used in such a manner as to bring it into contact, either directly or indirectly, with food, food equipment, or utensils. (2) Hot and cold running water, under pressure, shall be provided in all areas where food is prepared, and where equipment and utensils are washed. b. Transporting and Dispensing Water: (1) All water, not piped into the establishment directly from the source, shall be transported, handled, stored, and dispensed in a sanitary manner. (2) Drinking water, if not dispensed through the water-supply system of the food-service establishment, may be stored in a separate nonpressurized tank, reservoir, or other container. c. Ice: (1) Ice shall be made from water meeting the requirements of paragraph -22- a. (1) of this subsection, in an icemaking machine which is located, installed, operated, and maintained so as to prevent contamination of the ice; or shall be obtained from a source approved by the health authority. (2) Ice shall be handled, transported, and stored in such a manner as to be protected against contamination. If block ice is used, the outer surfaces shall be thoroughly rinsed so as to remove any soil before it is used for any purpose. (3) If ice crushers are used, they shall be maintained in a clean condition and shall be covered when not in use. (4) If ice is used, approved containers and utensils shall be provided for storing and serving it in a sanitary manner. Ice buckets, other containers, and scoops, unless they are of the single-service type, shall be,.of a smooth, impervious material, and designed to facilitate cleaning. They shall be kept clean, and shall be stored and handled in a sanitary manner. Only sanitary containers shall be used for the transportation or storage of any ice used in the food-service establishment. Canvas containers shall not be used unless provided with a sanitary, single-service liner so as to completely protect the ice. 2. Sewage Disposal: All sewage shall be disposed of in a public sewerage system, or, in the absence thereof, in a manner approved by the Division of Health. REASON: Improper disposal of sewage can result in conditions which may cause serious illness or disease outbreaks. Proper disposal is required to prevent contamination of ground surfaces, possible pollution of water supplies, access by flies and other insects to human excreta, and the creation of other insanitary con- ditions. Improper disposal of sewage provides a potential for contamination of food, the food-contact surfaces of equipment and utensils, and private water-supply systems. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. Water-Carried Sewage: (1) All water-carried sewage shall be disposed of by means of: (a) A public sewerage system; or (b) An approved sewage disposal system which is constructed and operated in conformance with applicable State and local laws, ordinances, and regulations. b. 'Von-Water-Carried Sewage: (1) Nan-water-carried sewage-disposal facilities shall not be used except where water-carried disposal methods have been determined by the health authority -23- to be impractical. Under such conditions, only facilities which have been approved by the health authority shall be used, and operation of these facilities shall be in conformance with applicable State and local laws, ordinances, and regulations. A 3. Plumbing: Plumbing shall be so sized, installed, and maintained as to carry adequate quantities of water to required locations throughout the establish- ment; as to prevent contamination of the water supply; as to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage-disposal system; and so that it does not constitute a source of contamination of food, equipment, or utensils, or create an insanitary condition or nuisance. REASON: If plumbing is improperly installed or maintained, a variety of public health hazards, such as cross-connections, backsiphonage, drainage system stoppage, or overhead leakage may occur. Any one of these conditions can result in serious contamination of the water supply, food, equipment, or utensils, or create nuisance or obnoxious odors. Also, reduced water pressures resulting from impro- perly sized and maintained pipelines may adversely affect the operation of dishwash- ing machines, food-waste grinders, and similar items of equipment which depend upon sufficient pressure and volume to perform their intended functions. Thus, plumbing is a particularly important consideration in food-service establishments. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. General: (1) All plumbing shall be sized, installed, and maintained in accordance with applicable State and local plumbing laws, ordinances, and regulations. (2) The potable water-supply piping shall not be directly connected with any nonpotable water-supply system whereby the nonpotable water can be drawn or discharged into the potable water-supply system. The piping of any nonpotable water system shall be adequately and durably identified, such as by distinctive yellow- colored paint, so that it is readily distinguished from piping which carries potable water; and such piping shall not be connected to equipment or have outlets in the food-preparation area. (3) The potable water system shall be installed in such a manner so as to preclude the possibility of backsiphonage. AMk (4) Grease traps shall not be required, except in special cases as may be determined by the health authority. b. Drains: (1) Dishwashing machines, refrigerators, steam kettles, potato peelers, and similar types of enclosed equipment in which food, portable equipment, or -24- utensils are placed, shall not be directly connected to the drainage system. Each waste pipe from such equipment shall discharge into an ppen, accessible, individual waste sink, floor drain, or other suitable fixture which is properly trapped and AIL vented: Provided, That when a dishwashing machine is located adjacent to a floor drain, the waste from the dishwashing machine may be connected direct on the sewer side of the floor drain trap. Indirect connections of drain lines from other equipment used in the preparation of fodd or washing of equipment and utensils may be required by the health authority when, in his opinion, the installation is such that backflow of sewage is likely to occur. Each walk-in refrigerator shall be equipped with a floor drain, so installed as to preclude the backflow of sewage into the refrigerator; or all parts of the floor of each walk-in refrigerator shall be graded to drain to the outside through a wastepipe, doorway, or other opening. (2) Indirect waste connections shall be provided for drains, overflows, or relief vents from the water-supply system. (3) Drain .lines from equipment shall not discharge waste water in such a manner as will permit the flooding of floors or the flowing of water across working or walking areas, or into difficult-to-clean areas, or otherwise create a nuisance. 4. Toilet Facilities: Each food-service establishment shall be provided with adequate, conveniently located toilet facilities for its employees. Toilet fixtures, shall be of sanitary design and readily cleanable. Toilet facilities, in- cluding rooms and fixtures, shall be kept in a clean condition and in good repair. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such recep- tacles in toilet rooms for women shall be covered. Where the use of non-water- carried sewage-disposal facilities have been approved by the Division of Health, such facilities shall be separate from the establishment. When toilet facilities are provided for patrons, such facilities shall meet the requirements of this subsection. REASON: Adequate, sanitary toilet facilities are required to assure proper disposal of human excrements which carry pathogenic organisms. When toilet facilities are of a sanitary design and are kept clean and in good repair, and are properly used, the opportunities for the spread of contamination by flies, insects, clothing, hands, or other means are minimized. Receptacles are necessary for waste materials. Where management provides employees with adequate toilet facilities which are kept clean and properly maintained, employees are more likely to have a proper attitude toward sanitary practices and conditions in the food-service establishment. Nan-water-carried sewage-disposal facilities require periodic cleaning, which is an insanitary operation. Furthermore, such facilities create insect, rodent, and odor control problems. Thus, non-water-carried sewage-disposal facilities should be kept separated from the food-service establishment. COMPLIANCE: This subsection shall be deemed to have been satisfied when - 25- the following requirements are met: a. General: (1) Toilet facilities shall be adequate and conveniently located, and shall be accessible to the employees at all times. (2) Toilet facilities shall be installed in accordance with applicable State and local laws, ordinances, and regulations, or in the absence thereof, as approved by the health authority. (3) Water closets and urinals shall be of a sanitary design. (4) Toilet rooms shall be completely enclosed, and shall have tight- fitting, self-closing doors. Such doors shall not be left open except during clean- ing or maintenance. If vestibules are provided, they shall be kept in a clean con- dition and in good repair. b. Maintenance: (1) Toilet facilities, including the toilet room and fixtures, shall be kept clean and in good repair, and free of objectionable odors. (2) A supply of toilet tissue shall be provided at each toilet at all. times. Easily cleanable receptacles shall be provided for waste materials, and such recep- tacles in toilet rooms for women shall be covered. Such receptacles shall be emptied at least once a day, and more frequently when necessary to prevent exces- sive accumulation of waste material. S. Hand-Washing Facilities: Each food-service establishment shall be pro- vided with adequate, conveniently located hand-washing facilities for its employees, including a lavatory or lavatories equipped with hot and cold or tempered running water, 'hand-cleansing soap or detergent, and approved sanitary towels or other approved hand-drying devices. Such facilities shall be kept clean and in good repair. REASON: Hands are probably the most common vehicle for the transfer of contamination to food. In normal food-establishment operations, hands of employees become soiled with a variety of contaminants, and such contamination is readily transferred to food, equipment, utensils, and single-service articles, unless the hands are thoroughly washed at frequent intervals and after each visit to the toilet. Therefore, properly equipped lavatories are essential to employee cleanliness and to food safety. Employees are unlikely to walk any great distance or from one section of the establishment to another to reach a lavatory every time their hands become soiled and need washing. If no lavatory is convenient, they may not wash their hands even when the need is obvious. Consequently, hand-washing facilities should be provided in sufficient numbers, and at convenient locations within the establishment, -26- to facilitate hand washing by employees. Hands cannot be effectively cleaned without the use of hand-cleansing soaps or detergents and warm water. Unless clean towels or other satisfactory hand-drying devices are provided, the benefits of washing the hands can be completely nullified. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. General: (1) Lavatories shall be located within or immediately adjacent to all toilet rooms or vestibules. In all new establishments, and establishments which are extensively altered, lavatories shall also be located within the area where food is prepared. (2) Lavatories shall be adequate in size and number and shall be so located as�t&.permit convenient and expeditious use by all employees. (3) Lavatories shall be installed in accordance with applicable State and local laws, ordinances, and regulations, or in the absence thereof, as approved Dom by the health authority. (4) Each lavatory shall be provided with hot and cold or tempered running water. Where hot and cold running water is provided, a mixing. valve or combination faucet is recommended and shall be required in new installations. Steam mixing valves are prohibited. b. Maintenance: (1) An adequate supply of hand-cleansing soap or detergent shall be available at each lavatory. An adequate supply of sanitary towels, or an approved hand-drying device, shall be available and conveniently located near the lavatory. Common towels are prohibited. Where disposable towels are used, waste receptacles shall be located conveniently near the hand-washing facilities. (2) Lavatories, soap dispensers, hand-drying devices, and all other com- ponents of the hand-washing facilities shall be kept clean and in good repair. ® 6. Garbage and Rubbish Disposal: All garbage and rubbish containing food wastes shall, prig to disposal, be kept in leakproof, non-absorbent containers which shall ho kept covered with tight-fitting lids when filled or stored, or not in continuous use: Provided, That such containers need not be covered when stored in a spe%ial vermin-proofed room or enclosure, or in a food-waste refrigerator. All othar rubbish shall be stored in containers, rooms, or areas in an approved manner. The rooms, enclosures, areas, and containers used shall be adequate for the storage of all food waste and rubbish accumulating on the premises. Adequate -27- cleaning facilities shall be provided, and each container, room, or area shall be thoroughly cleaned after the emptying or removal of garbage and rubbish. Food- waste grinders, if used, shall be installed in compliance with State and local AML standards and shall be of suitable construction. All garbage and rubbish shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. REASON: Proper storage and disposal of garbage and rubbish is necessary to minimize the development of odors, to prevent such waste from becoming an attractant and harborage or breeding place for vermin, and to prevent the soiling of food-preparation and food-service areas. Improperly handled garbage creates nuisance conditions, makes housekeeping difficult, and may be a possible source of contamination of food equipment and utensils. Food-waste grinders shall be suitably constructed, installed in accordance with approved plumbing practices, and properly operated in order to prevent the creation of insanitary conditions within the food establishment. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. Containers: (1) All garbage and rubbish containing food waste shall be kept in con- tainers, constructed of durable metal or other approved types of material, which do not leak and do not absorb liquids. (2) All containers shall be provided with tight-fitting lids or covers and shall, unless kept in a special vermin-proofed room or enclosure or in a waste refrigerator, be kept covered when stored or not in continuous use. (3) After being emptied, each container shall be thoroughly cleaned on the inside and outside in a manner so as not to contaminate food, equipment, uten- sils, or food-preparation areas. Brushes shall be provided for washing garbage containers and shall be used for no other purpose. Can-washing machines, steam- cleaning devices, or similar equipment should be used where the operation is large enough to warrant this type of equipment. Waste water from such cleaning oper- ations shall be disposed of as sewage. (4) There shall be a sufficient number of containers to hold all of the garbage and rubbish containing food waste which accumulates between periods of removal from the premises. b. Storage: (1) Garbage and rubbish containing food waste shall be stored so as to be inaccessible to vermin. All other rubbish shall be stored in a manner approved by the health authority. -28- (2) Storage facilities shall be adequate for the proper storage of all garbage and rubbish. AIL (3) Storage areas shall be clean, and shall not constitute a nuisance. (4) Storage rooms or enclosures shall be constructed of easily cleanable, washable materials and shall be vermin proofed. The floors, and the walls up to at least the level reached by splash or spray, shall be of relatively nonabsorbent materials. Garbage containers outside the establishment shall be stored either on a concrete slab, or on a rack which is at least 12 inches above the ground for a single bank of containers, or 18 inches above the ground for a multiple bank of con- tainers. c. Food-Waste Grinders: (1) Food-waste grinders shall be so constructed and installed as to com- ply with applicable State and local plumbing laws, ordinances, and regulations. d. Disposal: (1) All garbage and rubbish shall be disposed of daily, or at such other frequencies as may be approved by the health authority, and in such a manner as to prevent a nuisance. (2) Where garbage or combustible rubbish is burned on the premises, an approved incinerator shall be provided, and shall be operated in such a manner as to comply with local regulations and so that it does not create a nuisance. Areas around such incinerators shall be kept in a clean and orderly condition. 7. Vermin Control: Effective measures shall be taken to protect against the entrance into the establishment and the breeding or presence on the premises of vermin. REASON: Insects and rodents are capable of transmitting a number of diseases to man through contamination of food and food-contact surfaces. Accordingly, their Presence in a food-service establishment creates a potential public health hazard which can be guarded against only by effective control of such vermin. Since vermin require food, water, and shelter, control measures should be designed to deprive them of these requirements. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. General: (1) Effective control measures shall be utilized to minimize the presence of rodents, flies, roaches, and other vermin on the premises. -29- (2) The premises shall be kept in such condition as to prevent the harbor- age or feeding of vermin. b. Screening: (1) Unless flies and other flying insects are absent from the immediate vicinity of the establishment, all openings to the outer air shall be effectively pro- tected against the entrance of such insects by self-closing doors, closed windows, screening, controlled air currents, or other effective means. (2) Screening material shall be not less than 16-mesh to the inch or equivalent. (3) Screen doors to the outer air shall be self-closing; and screens for windows, doors, skylights, transoms, and other openings to the outer air shall be tight-fitting and free of breaks. c. Rodent Proofing: (1) All openings to the outside shall be effectively protected against the entrance of rodents. Section F. Other Facilities and Operations. 1. Floors, Walls, and Ceiling: The floor surfaces in kitchens, in all other rooms and areas in which food is stored or prepared and in which utensils are washed, and in walk-in refrigerators, dressing or locker rooms, and toilet rooms, shall be of smooth, nonabsorbent materials, and so constructed as to be easily cleanable: Pro- vided, That the floors of nonrefrigerated, dry-food-storage areas need not be non- absorbent. All floors shall be kept clean and in good repair. Floor drains shall be provided in all rooms where floors are subjected to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor. All exterior areas where food is served shall be kept clean and properly drained, and surfaces in such areas shall be finished so as to facilitate maintenance and minimize dust. The walls and ceilings of all rooms shall be kept clean and in good repair. All walls of rooms or areas in which food is prepared, or utensils or hands are washed, shall be easily cleanable, smooth, and light-colored, and shall have wash- able surfaces up to the highest level reached by splash or spray. REASON: Properly constructed floors which are smooth and in good repair can be readily kept clean. Floors which are subjected to food spillage and soiling should be finished so as to facilitate washing, and to prevent absorption of grease or other organic material. When floors are subjected to water or fluid waste, properly installed floor drains are necessary to carry away the liquid promptly, thereby pre- venting a hazard or nuisance. -30- Properly constructed walls and ceilings which are in good repair can be kept clean. A light-colored finish on a wall surface aids in the even distribution of light, and facilitates thorough cleaning. Clean floors, walls, and ceilings are conducive to clean food preparation and service habits, and contribute to efficient, sanitary operations. Outside areas where food is served and surrounding areas should be kept clean to minimize attractants for insects and rodents and prevent nuisance conditions. Such areas should be hard-surfaced or otherwise treated with effective dust-arresting com- pounds to minimize contamination of food by dust. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. Floors: (1) All floors shall be kept clean and in good repair. Sawdust or wood shavings shall not be used on the floors. (2) The floors of all food preparation, food storage, and utensil-washing rooms and areas, and walk-in refrigerators, dressing or locker rooms, and toilet rooms shall be constructed of smooth, durable, nonabsorbent, and easily cleanable materials such as concrete, terrazzo, ceramic tile, durable grades of linoleum or plastic, or tight wood impregnated with plastic: Provided, That in areas subject to spilling or dripping of grease or fatty substances, such floor coverings shall be of grease-resistant material; and Provided further, That floors of nonrefrigerated, dry- food-storage areas need not be nonabsorbent. (3) Floor drains shall be provided in floors which are waterflushed for cleaning or which receive discharges of water or other fluid waste from equipment. Such floors shall be graded to drain. (4) Carpeting may be used on the floors of interior dining areas. Such carpeting shall be in good repair and kept clean. (5) The walking and driving surfaces of all exterior areas where food is served, such as drive-in restaurants, side-walk cafes, patio service, chuck-wagon service, and barbecues; shall be kept clean and free of debris, and shall be pro- perly drained so that water will not accumulate. Such areas shall be surfaced with concrete or asphalt, or with gravel or similar material effectively treated to facili- tate maintenance and to minimize dust. (6) Mats or duckboards, if used, shall be so constructed as to facilitate being cleaned, and shall be kept clean. They shall be of such design and size as to permit easy removal for cleaning. (7) All concrete, terrazzo, or ceramic tile floors, hereafter installed -31- in food preparation, food storage, and utensil-washing rooms and areas, and in walk-in refrigerators, dressing or locker rooms, and toilet rooms, shall provide a coved juncture between the floor and wall. In all cases, the juncture between the floor and wall shall be closed. b. Walls and Ceilings: (1) All walls and ceilings, including doors, windows, skylights, and similar closures, shall be kept clean and in good repair. (2) The walls of all food-preparation, utensil-washing, and hand-washing rooms or areas, shall have light-colored, smooth, easily cleanable surfaces, and such surfaces shall be washable up to at least the highest level reached by splash or spray. Acoustical materials may be used on the ceiling, provided ventilation is adequate to minimize grease and moisture absorption. (3) Wall covering materials used, such as sheet metal, linoleum, plastic, paper, and similar materials, shall be so attached and sealed to the wall or ceiling as to leave no open spaces or cracks which would permit accumulation of grease or debris, or provide harborage for vermin. (4) Studs, joists, and rafters shall not be left exposed in food prepara- tion or utensil-washing areas or toilet rooms. If left exposed in other rooms or areas, they shall be suitably finished and shall be kept clean and in good repair. (5) Light fixtures, decorative material, and similar equipment and material attached to walls or ceilings, shall be kept clean. 2. 'Lighting: All areas in which food is prepared or stored or utensils are washed, hand-washing areas, dressing or locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well lighted. *.During all clean-up activities, adequate light shall be provided in the area being cleaned, and upon or around equipment being cleaned. REASON: Ample light, properly distributed, is necessary for the conduct of food preparation and serving activities in a sanitary manner. Moreover, when dirt, grease, or vermin are made conspicuous by ample light, there is more likelihood of corrective action. Adequate lighting is essential in all parts of the establishment. For example, the light in storage rooms should be sufficient for readily reading labels, identifying colors, and recognizing the condition of food. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. General: (1) At least 20 foot-candles of light shall be required on all working -32- surfaces and at least 10 foot-candles on all other surfaces and equipment, in food preparation, utensil-washing and hand-washing areas, and toilet rooms. Sources of artificial light shall be provided and used to the extent necessary to provide the required amounts of light on these surfaces when in use and when being cleaned. At least 5 foot-candles of light at a distance of 30 inches from the floor shall be re- quired in all other areas, including dining areas during cleaning operations. 3. Ventilation: All rooms in which food is prepared or served or utensils are washed, dressing or locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well ventilated. Ventilation hoods and devices shall be designed to prevent grease or condensate from dripping into food or onto food-preparation sur- faces. Filters, where used, shall be readily removable for cleaning or replacement. Ventilation systems shall comply with applicable State and local fire prevention re- quirements and shall, when vented to the outside air, discharge in such manner as not to create a nuisance. REASON: Proper ventilation reduces condensation which may promote mold and bacterial growth, or which may drop into food or utensils, or on food-preparation surfaces. Proper ventilation also minimizes soiling of walls and ceilings, excessive heat, objectionable odors, and the concentration of toxic gases. It facilitates the removal from the establishment of air which becomes contaminated or odorous during cleaning operations or certain food-preparation activities, or from heating, cooking, and other types of equipment. Adequate ventilation of toilets and dressing rooms is necessary for similar reasons. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. General: (1) All rooms shall be adequately ventilated, and ventilation facilities shall be maintained and operated so that all areas are kept reasonably free from ex- cessive heat, steam, condensation, vapors, smoke, or fumes. Effective air-recovery systems may be used in the ventilation of these areas. (2) All rooms, areas, and equipment, from which contaminated aerosols, obnoxious odors, or noxious fumes or vapors may originate, shall be effectively vented to the outside air. (3) Ventilation hoods and devices shall be designed to prevent grease or condensate from dripping into food or onto food preparation surfaces. Filters, where used, shall be readily removable for cleaning and replacement. (4) Where intake air ducts are used, they shall be designed and main- tained so as to prevent the entrance of dust, dirt, insects, or other contaminating materials. (5) Ventilation systems shall comply with applicable State and local -33- fire-prevention requirements and when vented to the outside air, shall discharge in such manner as not to create a nuisance. 4. Dressing Rooms and Lockers: Adequate facilities shall be provided for the 'orderly storage of employees' clothing and personal belongings. Where em- ployees routQnely change clothes within the establishment, one or more dressing rooms or designated areas shall be provided for this purpose. Such designated areas shall be located outside of the food-preparation, storage,' and serving areas, and the utensil-washing and storage areas: Provided, That, when approved by the Diviaion of Health, such an area may be located in a storage room where only com- pletely packaged food is stored. Designated areas shall be equipped with adequate lockers, and lockers or other suitable facilities shall be provided in dressing rooms. Dressing rooms and lockers shall be kept clean. REASON: Street clothing and personal belongings can serve to contaminate food, food equipment, and food-preparation surfaces. To prevent this, adequate dressing rooms or areas, and lockers or other storage facilities, as well as special dress for food-service workers, are desirable. Clean and orderly dressing rooms or areas, and related facilities, contribute toward proper employee attitudes for neatness, orderliness, and cleanliness throughout the establishment. COMPLIANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. General: (1) Adequate facilities shall be provided for the orderly storage of employ- ees' clothing and personal belongings. Dressing rooms or designated areas shall be provided when, as a routine procedure, employees change clothing within the estab- lishment. Such designated areas shall be located outside of food-preparation, storage, and serving areas, and utensil-washing and storage areas: Provided, That the health authority may approve such an area in a storage room where only com- pletely packaged food is stored. (2) Adequate lockers within dressing rooms or areas, or other suitable facilities within dressing rooms, shall be provided and used for the storage of employees' coats, clothing, and personal belongings. (3) Dressing rooms or areas, and lockers, shall be kept in a clean condition. S. Housekeeping: All parts of the establishment and its premises shall be kept neat, clean, and free of litter and rubbish. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food-contact surfaces. None of the operations connected with a food-service establishment shall be conducted in any room used as living or sleeping quarter. Soiled linens, coats, and aprons shall be kept in suitable containers until removed for laundering. -34- No live birds or animals shall be allowed in any area used for the conduct of food- service establishment operations: Provided, That guide dogs accompanying blind persons may be permitted in dining areas. REASON: Good housekeeping results in a clean and orderly environment. Proper storage helps to prevent errors in identification, such as the mistaken use of insecticides as food ingredients, and contributes to efficiency. Care must be taken to prevent contaminating food or cleaned equipment during cleaning operations. For example, cleaning units which utilize high-velocity jets of hot water may be extremely effective, but improper use may scatter debris or create contaminating aerosols. Also, improper cleaning methods may raise dust which can settle on food and food-contact surfaces. Storage rooms, loading docks, and the premises must be kept clean to minimize rodent and insect infestation, odors, dust, and other sources of nuisance or contamination. The degree of protection required for commercial food-service operations is not routinely maintained in living and sleeping quarters. Live birds and animals may spread disease organisms, dust, and other contaminants. COMPLIANCE: This subsection shall be deemed to have been satisfied when tle following requirements are met: a. General: (1) The establishment and all. parts of the property used in connection w4th operation of the establishment shall be kept neat, clean, and free of litter and rubbish. (2) None of the operations connected with the establishment shall be conducted in any room used as living or sleeping quarters. b. Dustless Cleaning: (1) Vacuum cleaning, wet cleaning, or other dustless methods of floor and wall cleaning shall be used; or dust-arresting sweeping compounds and push- brooms shall be employed; and all such cleaning, except emergency floor cleaning, shall be done during those periods when the least amount of food is exposed, such as after closing or between meals. c. Storage of Linens and Clothes: (1) Laundered cloths and napkins shall be stored in a clean place until used. (2) Nonak)sorbent containers or laundry bags shall be provided, and -35- damp or soiled linens and clothes shall be kept therein until removed for laundering. d. IAve Birds and Animals: (1) 14o live birds or animals shall be allowed in any area used for the storage, preparation, or serving of food, or for the cleaning or storage of utensils, or in toilet rooms, employees' dressing rooms or areas, in vehicles used for trans- porting food, or in any other area or facility used in the conduct of food-service establishment operations: Provided, That guide dogs accompanying blind persons may be permitted in dining areas. Section G. Temporary Food-Service Establishments:- 1. A temporary food-service establishment shall comply with all provisions of this ordinance which are applicable to its operation: Provided, That the Health Authority may augment such requirements when needed to assure the service of safe food, may prohibit the sale of certain potentially hazardous food and may modify specific requirements for physical facilities when in his opinion no imminent health hazard will result. REASON: Due to the nature, location, and variety of conditions surrounding the operation of temporary food-service establishments, at fairs, carnivals, and other transitory gatherings, it is frequently infeasible to provide certain physical facilities required for permanent establishments. In order to assure adequate pro- tection of food served by temporary establishments which are unable to meet fully the requirements of this ordinance, it may be necessary to restrict the types of food sold or the methods by which served, to modify some requirements for procedures and facilities, and to impose additional requirements. C©MPLTANCE: This subsection shall be deemed to have been satisfied when the following requirements are met: a. Unrestricted Establishments: (1) For unrestricted food-service operations, a temporary food-service establishment shall meet fully the requirements of this ordinance as set forth in Sections B through F, which are applicable to its operation. b. Restricted Establishments: Ask (1) When, in the opinion of the health authority, no imminent hazard to the public health will result, temporary food-service establishments, which do not fully meet the requirements of Sections B through F of this ordinance, may be per- mitted to operate when food preparation and service are restricted and deviations from full compliance are covered by the additional or modified requirements, as set forth below: (a) The preparation of potentially hazardous food, such as cream- -36- filled pastries, custards, and similar products, and meat, poultry, and fish in the form of salads or sandwiches, shall be prohibited: Provided, That this prohibition shall not apply to hamburgers, frankfurters, and other food which, prior to service, AMk requires only limited preparation, such as seasoning and cooking: and Provided Further, That this prohibition shall riot apply to any potentially hazardous food which is obtained in individual servings, is stored in approved facilities which maintain such food at safe temperatures, and is served directly in the individual, original container in which it was packaged at a commercial food establishment. (b) Ice which will be consumed, or which will come into contact with food, shall be obtained from an approved source in chipped, crushed, or cubed force. Such ice shall be obtained in single-service closed containers of an approved type, and shall be held therein until used. (c) Wet storage of packaged food and beverage shall be prohibited: Provided, That wet storage of pressurized containers of beverages may be permitted when: (1) the water contains at least 50 ppm of available chlorine; and (2) the iced water is changed frequently enough to keep both the water and container clean. (d) Food-contact surfaces of food-preparation equipment such as grills, stoves, and worktables shall be protected from contamination by customers and dust. Where necessary, effective shields shall be provided. (e) Equipment shall be installed in such a manner that the establish- ment can be kept clean, and so that food will not become contaminated. (f.) An adequate supply of water for cleaning and hand-washing shall be maintained in the establishment, and auxiliary heating facilities, capable of pro- ducing an ample supply of hot water for such purposes, shall be provided. (g) Liquid waste which is not discharged into a sewerage system shall be disposed of in such a manner as not to create a public health hazard or nuisance condition. (h) Adequate facilities shall be provided for employee hand washing. Such facilities may consist of a pan, water, soap, and individual paper towels. (i) Floors shall be of tight wood, asphalt, or other cleanable material: Provided, That the health authority may accept dirt-or gravel-covered floors when graded to preclude the accumulation of liquids and covered with removable, clean- able, wooden platforms or duckboards. (j) Walls and ceilings shall be so constructed as to minimize the entrance of flies and dust. Temporary construction may be accepted. Ceilings may be of wood, canvas, or other materials which protect the interior of the estab- lishment from the elements, and walls may be of such materials or of 16-mesh screening or equivalent. When flies are prevalent, counter service openings shall -37- either be equipped with self-closing, fly-tight doors, or the opening protected by effective fans. Where fans are used for this purpose, the size of the opening shall be so limited that the fans employed will effectively prevent the entrance of flies. (k) Any other requirement deemed necessary by the health authority to protect the public health in view of the particular nature of the food-service oper- ation shall be met. 2. Mobile Food Products: a. Definitions: The following definitions shall apply in the interpretation and enforcement of this article: (1) MOBILE FOOD PROCESSING OPERATION: A mobile food processing operation is one conducted from a truck, trailer or other vehicle that travels from place to place and from which food as defined in this Section is processed, prepared and sold. (2) STREET FOOD VENDOR: A street food vendor is that type of operation which involves the transportation and sale of pre-packaged foods only from mobile units. (3) SERVICE DEPOT: A service depot is a permanent building or room which is constructed and equipped for cleaning, sanitizing, and replenishing the mobile food processing unit. b. Sanitary Requirements of Mobile Food Processing Units: (1) Floors, walls, ceilings, lighting, ventilation, construction of utensils and equipment, disposal of wastes, storage, display and serving of food and drink, and cleanliness of employees shall conform with the applicable requirements estab- 1113hed in this Section. (2) The truck interior shall be completely enclosed with the exception of serving windows. The serving windows shall be closed at all times other than when the operator is actually dispensing his products. (3) No food, food containers, wrapping and packaging material or utensils shall be kept in the driver's compartment of any mobile unit unless enclosed and un- opened in its original container. The driver compartment shall be separated by a complete partition from the area used for food preparation service or storage. Self closing doors between the driver's compartment and the serving area are permitted. (4) Hot and cold running water shall be available at all times while the unit is in operation. A water tank with a storage capacity of at least twenty (20) gallons shall be provided. Hot water at a temperature of at least 110 degrees F. shall be available at the three compartment sink and the handwashing lavatory. The -38- water supply shall be from an approved source. (5) All mobile units shall have a lavatory for handwashing equipped with hot and cold running water, soap, and approved sanitary towels or other approved hand drying methods. (6) Each unit shall be equipped with a three compartment sink of suffi- cient size to accommodate the largest piece to be cleaned therein. A waste water tank shall be provided equal to or exceeding the size of the potable water supply tank. It shall be emptied and cleaned as often as necessary to maintain it in a sanitary condition. (7) A refrigerator of sufficient size and capable of maintaining a temper- ature of 450 F. or less for all foods requiring refrigeration shall be provided. (8) If the food is served hot and is held in readiness to serve it shall be held at 1400 F. or higher. c. Sanitary Requirements of street Food Vendor: Mobile units used solely for this purpose shall be kept clean at all times and the product protected against contamination. d. Sanitary Requirements of a Service Depot: (1) For all mobile food operations there shall be provided a service depot. (2) Floors, walls, ceilings, lighting, ventilation, construction of uten- sils and equipment, disposal of wastes, storage of food and drink equipment, litter and rubbish, sleeping quarters, lockers, linen containers, and cleanliness of employees shall conform with the applicable requirements established in this Section. (3) An adequate supply of hot and cold running water for cleaning and sanitizing mobile units shall be available at all times. Water supply shall be from some source approved by the Missouri State Board of Health. The hose used for filling the potable water tank of such mobile units shall be used for no other purpose. The hose shall be stored in such a manner as to be protected from contamination. (4) All equipment used in conjunction_ with mobile unit operation shall be thoroughly cleaned at the end of each day's operation. (5) The waste water tank on the mobile unit shall be emptied and NW cleaned only at the service depot. Proper drains shall be provided in the depot for this purpose. Adequate sanitary containers shall be provided for storage of trash and food wastes. (6) Adequate sanitary storage space shall be provided for supplies and equipment. A dry storage room or other facilities suitable for storing perishable -39- 1 1:1 1,1161 foods at a temperature of 450 F. , or lower, shall be provided. (I) Toilet and lavatory facilities shall be provided as specified in this Section. (8) Facilities shall be provided which will assure the proper washing, rinsing and sanitizing of all equipment which comes in contact with food products. e. Permits: (1) Mobile food processing units: If food products other than frozen dairy products are sold from these units such operations shall be considered the sane as restaurants and a permit is required as established in Section H. (2) If frozen dairy products dispensed through a counter freezer are sold alone or in conjunction with other foods a permit as established under Section H is required. (3) Those mobile units operating solely as street vendors and selling frozen dairy products shall obtain a permit as established under Section H. Section H. Enforcement Provisions. 1. Permit: It shall be unlawful for any person to operate a food-service establishment within this city or its police jurisdiction, who does not possess a valid permit issued to him by the health authority. Only a person who complies with the requirements of this ordinance shall be entitled to receive and retain such a per- mit. Permits shall not be transferable from one person to another person or place. A valid permit.shall be posted in every food-service establishment. Permits for tem- porary food-service establishments shall be issued for a period of time not to exceed 14 days. a. Issuance of Permits: Any person desiring to operate a food-service establishment shall make written application for a permit on forms provided by the health authority. Such application shall include: the applicant's full name and post office address and whether such applicant is an individual, firm, or corporation, and, if a partnership, the names of the partners, together with their addresses shall be included; the location and type of the proposed food-service establishment; and the signature of the applicant or applicants. If the application is for temporary food- service establishment, it shall also include the inclusive dates of the proposed operation. Upon receipt of such an application the health authority shall make an in- spection of the food-service establishment to determine compliance with the pro- visions of this ordinance. When inspection reveals that the applicable requirements of this ordinance have been met, a permit shall be issued to the applicant by the health authority. -40- b. Suspension of Permits: Permits may be suspended temporarily by the health authority for failure of the holder to comply with the requirements of this ordinance. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of Section H of this ordinance, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the health authority by the permit holder. Notwithstanding the other provisions of this ordinance, whenever the health authority finds insanitary or other conditions in the operation of a food-service establishment which, in his judgment, constitute a substantial hazard to the public health, he may without warning, notice or hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to by taken, the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately suspended, and all food--service operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the health authority, shall be afforded a hearing as soon as possible, and in any event within a period of ten (10) days. c. Reinstatement of Suspended Permits: Any person whose permit has been suspended may, at any time , make application for a reinspection for the purpose of reinstatement of the permit. Within 10 days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health authority shall make a reinspection. If the applicant is complying with the requirements of this ordinance, the permit shall be reinstated. d. Revocation of Permits: For serious or repeated violations of any of the requirements of this ordinance, or for interference with the health authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the health authority. Prior to such action, the health authority shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be per- manently revoked at the end of 5 days following service of such notice, unless a request for a hearing is filed with the health authority, by the permit holder, within such 5--day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto. An appeal from the action of the health authority may be made to the city council within ten (10) days of the final action of the health authority. e. Ilearincts: The hearings provided for in this section shall be conducted by the health authority at a time and place designated by him. Based upon the record of such hearing, the health authority shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written -41- 1''1111111 Well report of the hearing decision shall be furnished to the permit holder by the health authority. 2. Food Handlers; Health Cards. Every person who prepares, handles or dispenses food for human consumption in any food establishment in this city shall submit to a skin test by a duly licensed Missouri physician within thirty days previous to the date such person begins working as a food handler to determine if such person has tuberculosis. If the skin test proves positive, a chest x-ray shall be taken within three days of notification of the result of the skin test. If the chest x-ray shows that the person either has or may have tuberculosis, such person shall not work as a food handler in any food establishment within this city until medically treated and certified free from tuberculosis by a duly licensed Missouri physician. The skin test shall be effective for one year from the date thereof and shall be taken annually. The skin test result shall be useable at any authorized food dispensing institution in the city. The health authority shall give each owner and/or operator of any food dis- pensing institution or food establishment in the city an adequate supply of food handler health cards. Persons seeking employment as a food handler shall obtain an original and duplicate copy of a health card from their prospective employer be- fore taking the skin test mentioned above. The result of the skin test and chest x-ray, if any, shall be endorsed on the original and duplicate copy of the health card by the administering physician. The original card shall be filed with the em- ployer and the duplicate copy shall be filed with the health authority within five days of endorsement by the physician of the results of the tests on the health card. All physicians administering skin tests and chest x-rays to persons seeking employment as food handlers in this city shall notify the health authority of the results of all positive chest x-rays within twenty four hours of the time such results become known. The health authority shall keep the names of all persons who show Positive results from such tests in a separate file in his office. Food handler health cards shall be transferred from one employer to another at the request of the food handler. The owner and/or operator of any food dispensing institution and food establishment in the city shall maintain a complete and current file of food handler health cards on all of its personnel and permit the health auth- ority access thereto at all reasonable times. 3. Inspection of Food-Service Establishments: At least once every six AML months, the health authority shall inspect each food-service establishment located in the city, and its police jurisdiction, and shall make as many additional inspec- tions and reinspections as are necessary for the enforcement of this ordinance. a. Access to Establishments: The health authority, after proper identifi- cation, shall be permitted to enter, at any reasonable time, any flood-service establishment within the city, and its police jurisdiction, for the purpose of making -42- report of the hearing decision shall be furnished to the permit holder by the health authority. 2. Food Handlers; Health Cards. Every person who prepares, handles or dispenses food for human consumption in any food establishment in this city shall submit to a skin test by a duly licensed Missouri physician within thirty days of, the date such person begins working as a food handler to determine if such person has tuberculosis. If the skin test proves positive, a chest x-ray shall be taken within three days of notification of the result of the skin test. If the chest x-ray shows that the person either has or may have tuberculosis, such person shall not work as a food handler in any food establishment within this city until medically treated and certified free from tuberculosis by a duly licensed Missouri physician. The skin test shall be effective for one year from the date thereof and shall be taken annually. The skin test result shall be useable at any authorized food dispensing institution in the city. The health authority shall give each owner and/or operator of any food dis- pensing institution or food establishment in the city an adequate supply of food handler health cards. Persons seeking employment as a food handler shall obtain an original and duplicate copy of a health card from their prospective employer be- fore taking the skin test mentioned above. The result of the skin test and chest x-ray, if any, shall be endorsed on the original and duplicate copy of the health card by the administering physician. The original card shall be filed with the em- ployer and the duplicate copy shall be filed with the health authority within five days of endorsement by the physician of the results of the tests on the health card. All physicians administering skin tests and chest x-rays to persons seeking employment as food handlers in this city shall notify the health authority of the results of all positive chest x-rays within twenty four hours of the time such results become known. The health authority shall keep the names of all persons who show positive results from such tests in a separate file in his office. Food handler health cards shall be transferred from one employer to another at the request of the food handler. The owner and/or operator of any food dispensing institution and food establishment in the city shall maintain a complete and current file of food handler health cards on all of its personnel and permit the health auth- ority access thereto at all reasonable times. 3. Inspection of Food-Service Establishments: At least once every six months, the health authority shall inspect each food-service establishment located Win the city, and its police jurisdiction, and shall make as many additional inspec- tions and reinspections as are necessary for the enforcement of this ordinance. a. Access to Establishments: The health authority, after proper identifi- cation, shall be permitted to enter, at any reasonable time, any food-service establishment within the city, and its police jurisdiction, for the purpose of making -42- inspections to determine compliance with this ordinance. He shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used, and persons employed. b. Inspection Records; Demerit Values; Demerit Scores: Whenever the health authority makes an inspection of a food-service establishment, he shall record his findings on an inspection report form provided for this purpose, and shall furnish the original of such inspection report form to the permit holder or operator. Such form shall summarize the requirements of sections B. through G. of this ordinance and shall set forth demerit point values for each such requirement in accordance with Public Health Service Form 4006. Upon completion of an in- spection, the health authority shall total the demerit point values for all require- ments in violation, such total becoming the demerit score for the establishment. c. Issuance of Notices: Whenever the health authority makes an inspection of a food-service establishment and discovers that any of the requirements of sections B. through G. of this ordinance have been violated, he shall notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such notification, the health authority shall: (1) Set forth the specific violations found, together with the demerit score of the establishment. (2) Establish e. specific and reasonable period of time for the correction of the violation: found, in accordance with the following provisions: (a) When the demerit score of the establishment is 20 or less, all violations of 2 or 4 demerit points must be corrected by the time of the next routine inspection; or (b) When the demerit score of the establishment is.more than 20 but not more than 40, all items of 2 or 4 demerit points must be corrected within a period of time not to exceed 30 days; or (c) When one or more 6 demerit point items are in violation, regardless of demerit score, such items must be corrected within a period of time not to exceed 10 days. (d) When the demerit score of the establishment is more than 40, the permit is immediately suspended. (e) In the case of temporary food-service establishments, violations must be corrected within a specified period of time not to exceed 24 hours. Failure to comply with such notice shall result in immediate suspension of the permit. (3) State that failure to comply with any notice issued in accordance -43- with the provisions of this ordinance may result in immediate suspension of the permit. (4) State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the health authority within the period of time established in the notice for correction. d. Service of Notices: Notices provided for under this section shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of such notice shall be filed with the records of the health authority. e. Public Notice Display: A card, sticker or other notice shall be displayed by the health authority in a conspicuous place in any food service establishment meeting the requirements of this ordinance. Said card, sticker or notice shall read: Approved for food service by the Health Authority of the City of Jefferson, Missouri. 4. Examination and Condemnation of Food: Food may be examined or sam- pled by the health authority as often as may be necessary to determine freedom from adulteration or misbranding. The health authority may, upon written notice to the owner or person in charge, place a hold order on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated, or mis- branded. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on-food by the health authority, and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed with- out permission of the health authority, except on order by a court of competent juris- diction. After the owner or person in charge has had a hearing as provided for in subsection 1. e. of this section and on the basis of evidence produced at such hear- ing, or on the basis of his examination in the event a written request for a hearing is not received within 10 days, the health authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into com- pliance with the provisions of this ordinance: Provided, That such order of the health authority to denature or destroy such food or bring it into compliance with the provisions of this ordinance shall be stayed if the order is appealed to a court of competent jurisdiction within 3 days. DISCUSSION: This section authorizes the health authority to examine, hold, and condemn food which is unwholesome or otherwise adulterated, or misbranded. The local health authority may find it more practicable to limit condemnations to spoiled foods, those suspected of having caused or being able to cause foodborne illness or other conditions which may involve an immediate health hazard; and to refer those cases of suspected adulteration and misbranding which involve no im- mediate health hazard to State food-control officials. -44- Samples for the determination of adulteration and misbranding should be taken and examined in accordance with the methods prescribed by the Association of Official Agricultural Chemists, the Meat Inspection Branch of the U. S. Department of Agriculture, the Food and Drug Administration, or by other standard methods. When cases of foodborne illness are reported, an immediate epidemiological and laboratory investigation should be made by the official agency in an effort to determine the vehicle and the source, so as to prevent a recurrence. Any food sus- pected of being a vehicle in a foodborne-disease outbreak should be placed under a hold order pending a laboratory examination. 5. Food-Service Establishments Outside Jurisdiction of the Health Authority: Food from food-service establishments outside the jurisdiction of the health auth- ority of the city may be sold within the city if such food-service establishments con- form to the provisions of this ordinance 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. DISCUSSION: The health authority should permit the sale within his juris- diction of food received from any food-service establishment not under his routine inspection if the establishment (1) operates under regulations substantially equivalent to those of this ordinance; (2) is under routine official supervision; and (3) is located in a community which has been awarded by the food-service establishment sanitation authority of the State, a sanitation rating equal to that of the receiving community, on the basis of the Public Health Service rating method. 6. Plan Review of Future Construction: When a food-service establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a food-service establishment, properly prepared plans and specifications for such construction, remodeling, or alteration, showing layout, arrangement, and construction materials of work areas, and the location, size, and type of fixed equipment and facilities, shall be submitted to the.health author- ity for approval before such work is begun. Such approval shall be granted if such plans and specifications meet the sanitary requirements of this ordinance. DISCUSSION: The purpose in requiring that properly prepared plans for all new construction and reconstruction be submitted for approval before such work is begun is (1) to insure compliance with sanitary requirements; (2) to prevent any misunderstanding by the operator as to what is required; and (3) to prevent errors which might later result in additional cost to the operator. 7. Procedure When Infection is Suspected: When the health authority has reasonable cause to suspect possibility of disease transmission from any food- service establishment employee, the health authority shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, and take appropriate action. The health authority may require any or -45- all of the following measures: (a) the immediate exclusion of the employee from all food-service establishments; (b) the immediate closure of the food-service establishment concerned until, in the opinion of the health authority, no further danger of disease outbreak exists; (c) restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease; and (d) adequate medical and laboratory examinations of the employee, of other employees, and of his and their body discharges. 8. Enforcement Interpretation: This ordinance shall be enforced by the health authority in accordance with the interpretations thereof contained in the compliance provisions of the 1962 Edition of the "United States Public Health Service Food-Service Sanitation Ordinance and Code, " three certified copies of which shall be on file in the municipal clerk's office. 9. Unconstitutionality Clause: Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. 10. Penalties: Any person who shall operate a food-service establishment without a permit or who shall engage in food-service in any capacity whatsoever without a current and valid food handlers permit or after his permit has been revoked Ask shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine 'of not more than one hundred ($100. 00) dollars or by imprisonment in jail for not longer than thirty (30) days, or by both such fine and imprisonment. In addition thereto, such person may be enjoined from continuing such violations. Each day 'that a violation continues shall constitute a separate violation. 1.1. Repeal Clause. Sections Seven (7) through Twenty One (21) inclusive of Ordinance Number 6177 of the city be, and the same are hereby repealed. 12. Date of Effect: This ordinance shall be in full force and effect 12 months after its passage and approval. Passed: - Approved: resident of the ouncil Mayor Attest: ' City Clerk -46-