(A) Wholesomeness of food.
(1) General. All food shall be from approved sources or sources considered satisfactory by the Health Officer, and shall be clean, wholesome, free from adulteration and spoilage and shall be safe for human consumption.
(2) Satisfactory compliance.
(a) All foods are from approved sources or are considered satisfactory by the Health Officer or are in compliance with applicable state and local laws and regulations.
(b) Food from such sources have been protected from contamination and spoilage during subsequent handling, packaging and storage and while in transit.
(c) All milk and fluid milk products sold meet the State Grade A Milk Law.
(d) All oysters, clams and mussels are from sources that are certified by the state of origin, shell stock is in the containers originally packed at the shucking plant and identified with the name and address of the packer, repacker or distributor along with the appropriate certificate number.
(e) Meat, meat products and poultry have been inspected and approved under an official regulatory program; provided that, the Health Officer may accept other sources which are, in his or her opinion, satisfactory and which are in compliance with applicable state and local laws and regulations.
(f) All food is wholesome, free from spoilage and adulteration.
(B) Food protection.
(1) Contamination. All food while being stored, prepared, displayed, served or sold, or during transport shall be protected from contamination. Perishable foods shall be stored such that spoilage will be minimized. All potentially hazardous foods shall be maintained at safe temperature (45°F or below, or 140°F or above), except during necessary periods of preparation and service.
(2) Identification. Poisonous and toxic substances shall be identified, and shall be used only in such manner and under such conditions as will not contaminate food nor constitute a hazard to employees or customers.
(3) Satisfactory compliance.
(a) All foods, while being stored, prepared, displayed served or sold, or transported, are protected against contamination from dust, flies, rodents or other vermin; unclean utensils and work surfaces; unnecessary handling; coughs and sneezes, flooding, drainage and overhead leakage, and any other source.
1. All food is handled so as to minimize the opportunity for contamination; minimum manual contact with food shall be made insofar as is practicable.
2. Food on display, such as meats, candy, bakery products, are adequately protected from public handling or other contamination, unless such products are securely wrapped.
3. Foods during transportation and delivery are securely wrapped or otherwise protected from flies, dirt, handling or other contamination and delivery trucks and other equipment used for such transportation are kept clean and are so constructed as to protect the food carried from dust and other contamination. Reasonable care is taken in the handling of large cuts of meat.
4. No animals or fowls are kept or allowed in any room in which food is prepared, processed or stored.
5. Equipment and utensils used in the preparation and processing of poultry are not used in the preparation or processing of foods that subsequently would not normally be cooked.
(b) Conveniently located refrigeration facilities hot food storage and display facilities and effective insulated facilities are provided in numbers sufficient to assure the maintenance of all food at required temperatures during storage, preparation and display.
1. All potentially hazardous food is, except when being kept at 45°F or below, or 140°F or above.
2. Potentially hazardous foods are pre-chilled to 45°F or below before being placed in refrigerated display cases or pre-heated to 140°F or above before being placed in heated display cases.
3. Frozen foods are kept at such temperatures as to remain frozen; potentially hazardous frozen foods are kept at 0°F or below, except for a variation of 15°F during transit and unloading and except when being thawed provided that thawing is at refrigerator temperatures of 45°F or below, or by any other method approved by the Health Officer.
(c) Containers of food are stored above the floor, on clean racks, dollies or shelving in such a manner as to be protected from splash and other contamination, and such that accessibility for floor cleaning is provided.
(d) Only those poisonous and toxic substances required to maintain the establishment in a sanitary condition and for sanitization of equipment and utensils are used and containers are adequately labeled as to contents. When not in use, poisonous and toxic substances are stored in cabinets which are used for no other purpose. Bactericides and cleaning compounds are not stored in the same cabinet with insecticides, rodenticides or other poisonous substances.
(e) Poisonous substances are not used in any way as to contaminate food, equipment or utensils, not to constitute a hazard to employees or customers.
(C) Equipment and utensils.
(1) General. All equipment, utensils, display cases, preparation tables, refrigerators, walk-in coolers, freezers, sinks and other equipment used in the operation of a food store shall be so constructed, located and installed as to be durable, accessible for cleaning, easily cleanable, shall be kept in good repair and shall not contain or be plated with toxic metals or finishes.
(2) Satisfactory compliance.
(a) Equipment 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, scouring 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 non-toxic.
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;
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, and such simple tools are kept separate from utensils that come into contact with foods.
7. Equipment intended for in- place cleaning shall be designed and constructed that:
a. Cleaning and sanitizing solutions can be circulated throughout a fixed system;
b. Cleaning and sanitizing solutions will contact all interior food contact surfaces;
c. The system is self draining or otherwise completely evacuated; and
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. Hard solder (silver solder), when used as a food contact surface, shall be of such formulation as to be non-toxic under use conditions; shall be corrosion resistant; and shall, consistent with good industrial practice in the refining of its constituent elements, be free of cadmium, toxic amounts of antimony, bismuth and other toxic 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 four inches high, and shall be so installed as to facilitate the cleaning of equipment and areas adjacent thereto.
2. Floor-mounted equipment, unless readily movable, is closed at the floor; or installed on raised platforms of concrete or other smooth masonry in such a manner as to prevent liquids or debris from seeping or settling underneath, between or behind such equipment in spaces which are not fully open for cleaning and inspection; or such equipment is elevated at least six inches above the floor on sanitary feet and legs. 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. All sewer and/or water connected fixtures and equipment are installed so as to preclude the backflow or backsiphonage of waste water into the fixture or equipment or into the water supply or distribution system; and are in compliance with the backflow protection requirements of the State Plumbing Code.
(D) Cleanliness, cleaning and sanitization and storage of equipment and utensils.
(1) General. All equipment and utensils, including display cases or windows, preparation tables, refrigerators, walk-in coolers, freezers, sinks, counters, shelving, mixers, grinders, slicers, saws and display and preparation utensils shall be kept clean and free from dust, dirt, food soil accumulations insects and other contaminating materials. Food contact surfaces shall be effectively sanitized after being washed to remove visible soil. Cleaned and sanitized utensils and equipment shall be stored so as to be protected from flies, dust and other contamination and utensils shall be handled in such a manner as to minimize contamination. Single-service utensils shall be purchased in sanitary containers, shall be stored therein in a clean, dry place until used, shall be dispensed and handled in a sanitary manner and shall be used only once.
(2) Satisfactory compliance.
(a) Adequate facilities and equipment are provided for effective cleansing and sanitizing.
1. Sinks of sufficient size and capacity are provided so as to immerse the largest utensil or implement used. Large tubs and containers that may be washed and sanitized separately shall not be used to determine sink size.
2. A minimum of two compartments and a drainboard are provided.
(b) Utensils and food contact surfaces of equipment used in the preparation, display and storage of food are thoroughly cleaned and sanitized after each usage or at sufficiently frequent intervals during continuous operation to prevent the growth and multiplication of microorganisms. Cleaning and sanitation shall consist of:
1. Washing in warm water containing a sufficient amount of detergent to remove greases, solids and visible soil;
2. After cleaning immersion in clean, hot water of at least 170°F for a period of one-half minute;
3. Immersion in a water bath containing at least 100 parts per million at all times of available chlorine; or
4. Any other method approved by the Health Officer.
(c) Non-food contact surfaces of all equipment are cleaned at such frequency as is necessary to be free of accumulations of dust, dirt, food particles and other debris.
(d) Food-contact surfaces of cleaned and sanitized utensils and equipment are handled in such a manner so as to be protected from contamination.
(e) Cleaned and sanitized portable and removable equipment and utensils are stored above the floor in a clean, dry location and suitable space and facilities are provided for such storage so that food-contact surfaces are protected from splash, dust and other contamination.
(f) Food-contact surfaces of fixed equipment are cleaned and swab sanitized in place and are protected from splash, dust and other contamination.
(g) Utensils are air dried before being stored or are stored in a self draining position on suitably located hooks or racks constructed of corrosion-resistant material, where practical, stored utensils and containers are covered or inverted.
(h) Single-service articles are used only once and are received, stored, handled and dispensed in a sanitary manner.
(E) Health and cleanliness of employees.
(1) General.
(a) No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any food store. If the owner or manager suspects that any employee has contracted any disease in a communicable form or has become a carrier of such diseases he or she shall exclude the employee from the premises or notify the Health Officer immediately.
(b) All employees shall wear clean outer garments and shall keep their hands and fingernails clean at all times while engaged in the handling of food, utensils or equipment. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared or processed or in which utensils are washed, sanitized or stored.
(2) Satisfactory compliance.
(a) No person while affected with a disease in a communicable form or while a carrier of such a disease, or while afflicted with boils, wounds or an acute respiratory infection is working in the food store 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 contamination of food or food-contact surfaces with pathogenic organisms.
(b) All employees must thoroughly wash their hands and arms with soap and warm water before starting work and during work hours as often as may be required to remove soil and contamination, as well as after visiting the toilet room.
(c) The hands of all employees are kept clean while engaged in handling food and food-contact surfaces and fingernails are clean and neatly trimmed.
(d) The outer garments of all employees engaged in handling food, utensils and equipment are reasonably clean, and employees maintain a high degree of personal cleanliness and conform to good hygienic practices during all working periods.
(F) Toilet facilities.
(1) General. Every food store shall have adequate and convenient toilet and handwashing facilities for its employees. Toilet and lavatory fixtures shall be of sanitary design, readily cleanable and maintained 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 receptacles in toilet rooms for women shall be covered. Lavatories shall be provided with hot and cold running water, hand cleansing soap or detergent and approved sanitary towels or other approved hand drying devices. When toilet facilities are provided for patrons, such facilities shall meet the requirements of this section.
(2) Satisfactory compliance.
(a) Toilet facilities are adequate, of sanitary design, conveniently located and are accessible to employees at all times.
(b) Toilet facilities are installed in accordance with the requirements of the State Plumbing Code and applicable local regulations.
(c) Toilet rooms are completely enclosed and have tight-fitting, self-closing doors. Toilet rooms vented to the outside air by mechanical exhaust systems may be provided with doors that contain screened louvers.
(d) Easily cleanable waste receptacles are provided and such receptacles are emptied at least once a day and more frequently when necessary to prevent excessive accumulation of waste materials.
(e) Lavatories are located within or immediately adjacent to all toilet rooms. If toilet rooms are not readily accessible, handwashing facilities are provided within or adjacent to food preparation or processing areas. Handwashing facilities are provided in food preparation areas in all food stores constructed after the effective date of this chapter.
(f) Each lavatory is provided with hot and cold or tempered running water. A mixing valve or combination faucet is recommended and is provided in new installations.
(g) Toilet tissue, hand cleansing soap or detergent and sanitary towels or approved hand drying devices are conveniently available and provided in adequate supply or number. Common towels shall not be used.
(h) Toilet fixtures, lavatories, soap dispensers, hand drying devices and all other components of the toilet facilities and the toilet rooms are maintained clean and in good repair.
(G) Water supply.
(1) General.
(a) 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, processed or handled, or utensils, equipment or containers are washed.
(b) 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, transported and handled in a sanitary manner.
(2) Satisfactory compliance.
(a) Hot and cold running water, under pressure is provided in all areas where food is prepared or processed and where utensils or equipment are washed; except that, produce washing sinks need not be provided with hot water.
(b) The potable water-supply piping is not directly connected with any non-potable water-supply system whereby the non-potable water can be drawn or discharged into the potable water-supply system.
(c) The water system and all water supplied or connected fixtures or equipment are protected by air gaps or appropriately located vacuum breakers where needed, against the possibility of backflow or backsiphonage and are otherwise in compliance with the City Plumbing Code.
(H) Disposal of refuse and other wastes.
(1) General. Proper disposal shall be made of all waste. All garbage and refuse shall be stored in suitable containers and in such a manner as not to become a nuisance. Gaseous wastes shall not cause a nuisance.
(2) Satisfactory compliance.
(a) Solid wastes.
1. All garbage and other refuse containing food waste is kept in containers constructed of durable metal or other approved material that does not leak or absorb liquid, provided with tight-fitting lids or covers and is, unless kept in a special vermin-proofed room or enclosure or in a waste refrigerator, kept covered when stored or not in continuous use.
2. After being emptied, containers are thoroughly cleaned on the inside and outside in a manner so as not to contaminate food, equipment, utensils or food preparation areas.
3. Food stores constructed after the effective date of this chapter are provided with adequate facilities for washing refuse containers, such as a washing platform or sink provided with running water and a proper drain and brushes that are used for no other purpose.
4. Waste storage rooms or enclosures if provided are constructed of easily cleanable, washable materials, are vermin proof and are cleaned regularly.
5. Refuse storage areas, inside and outside, are clean and do not constitute a nuisance.
6. Other refuse and rubbish is stored in a manner approved by the Health Officer, is removed regularly, and does not constitute a nuisance.
7. All garbage and refuse is disposed of daily, or at such other frequencies as may be approved by the Health Officer and in such a manner as to prevent a nuisance.
(b) Gaseous wastes.
1. Vents, exhaust ducts and smoke stacks are not located in close proximity to windows or air intake vents of adjacent structures.
2. Incinerators are of approved design and are operated in accordance with the regulations of the State Air Pollution Control Board.
3. Areas around incinerators are kept in a clean and orderly condition.
(I) Floors.
(1) General. The floors of all rooms shall be of such construction as to be easily cleaned and shall be kept clean and in good repair.
(2) Satisfactory compliance.
(a) The floors of all rooms in which food is prepared, stored, handled, processed or in which utensils are washed, and toilet rooms, are of such construction as to be easily cleanable, are smooth, non-absorbent and are kept clean and in good
repair; except that, the floors of non-refrigerated, dry-food-storage areas need not be non-absorbent.
(b) The floors of rooms in which food is displayed for sale are of a material that can be readily cleaned and are kept clean and in good repair.
(c) All floors are kept clean, free of filth, oil, litter and soil accumulations. Dustless methods of floor cleaning are used, all, except emergency, cleaning is done during those periods when the least amount of food is exposed, and adequate cleaning facilities, including service sinks, are provided.
(d) The floors hereafter installed in food preparation, processing and utensil washing rooms, and in walk-in refrigerators dressing or locker rooms and toilet rooms are coved at the juncture between the floor and the base of walls.
(J) Walls and ceilings.
(1) General. Walls and ceilings of all rooms shall be kept clean and in good repair.
(2) Satisfactory compliance.
(a) All walls and ceilings of rooms in which food is prepared or processed or in which utensils are washed, and toilet rooms have a smooth, washable surface and are finished in a light color.
(b) All walls and ceilings are clean and in good repair.
(c) Acoustical materials, easily washable with water, may be used on ceilings, provided ventilation is adequate to minimize grease and moisture absorption.
(K) Doors and windows.
(1) General. When flies are prevalent, all openings to the outside shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies. Doors, windows and screens shall be kept clean.
(2) Satisfactory compliance.
(a) All openings to the outside are effectively screened and all screen doors are self-closing and in good repair.
(b) Air curtains with air velocities sufficient to prevent the entrance of flies are in use at all otherwise ineffectively protected openings.
(c) Flies are absent.
(d) Window, door, transom and skylight screens are tight-fitting and free from holes.
(e) Doors, windows and screens are clean.
(L) Lighting.
(1) General. All rooms in which food is prepared processed or stored, or in which utensils are washed, and toilet rooms shall be kept adequately lighted.
(2) Satisfactory compliance.
(a) Artificial light sources provide approximately 50 foot-candles of illumination on all working surfaces in rooms in which food is processed or prepared or in which utensils are washed, except when equivalent natural light is present.
(b) Storage and toilet rooms are provided with illumination sufficient to provide 20 foot-candles at a height 30 inches above the floor.
(M) Ventilation.
(1) General. All rooms in which food is prepared processed, stored or sold or in which utensils are washed shall be adequately ventilated.
(2) Satisfactory compliance.
(a) All rooms are reasonably free of odors, excess heat and water vapor.
(b) Toilet rooms are vented directly to the outside air in conformance with local building regulations.
(N) Vermin control.
(1) General. Adequate means for the elimination of flies, roaches, rodents and other insects and vermin shall be taken.
(2) Satisfactory compliance.
(a) The premises are reasonably rat proof.
(b) All openings to the outside are effectively screened or provided with self-closing doors or other effective vermin control devices and the premises are maintained reasonably tight so as to minimize vermin entrance.
(c) Pesticides and other toxic or poisonous substances are used and stored such that they do not present a hazard to employees or customers and will not contaminate foods or food contact surfaces.
(O) Miscellaneous.
(1) General. The premises of all food markets shall be kept clean and free from litter and rubbish. None of the operations connected with the food market shall be conducted in any room used as living or sleeping quarters or in any room which opens directly into living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees’ clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
(2) Satisfactory compliance.
(a) The premises are clean and free of litter and rubbish.
(b) None of the operations connected with the establishment are conducted in any room used as living or sleeping quarters or in any room which opens directly into living or sleeping quarters.
(c) Dressing rooms or locker rooms or other suitable storage spaces are provided for employees’ clothing and are kept clean.
(d) Containers are provided and soiled linens, coats and aprons are kept therein.
(Prior Code, § 17-11) Penalty, see § 113.99