(A) For the purposes of this section, the following words and phrases shall have the following meanings ascribed to them respectively.
ADULTERATED. A food is adulterated:
(1) If it bears or contains any poisonous or deleterious substance which may be injurious to health;
(2) 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;
(3) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption;
(4) If it has been prepared, packed, or stored under insanitary conditions whereby it may have become contaminated with filth or rendered injurious to health; or
(5) If the container is composed in whole or in part of a poisonous or deleterious substance which may render the contents injurious to health.
APPROVED. Approval by the Will County Health Department.
COMMISSARY. Catering establishment, restaurant, or any other place in which food, beverage, ingredients, containers, or supplies are kept, handled, prepared, or stored and from which vending machines are directly serviced.
EMPLOYEE. Any operator or any person employed by him who handles any food, beverage, or ingredient to be dispensed through vending machines, or who comes into contact with food contact surfaces of containers, equipment, utensils, or packaging materials, used in connection with vending machine operations, or who otherwise services or maintains one or more such machines.
FOOD. Any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use in whole or in part for human consumption.
HEALTH AUTHORITY. The Will County Health Department, or an authorized representative.
HOT LIQUID FOOD or BEVERAGE.
Liquid food or beverage, the temperature of which at the time of service to the consumer is at least 150°F.
MACHINE LOCATION. Room, enclosure, space, or area where one or more vending machines are installed and operated.
MISBRANDING. The use of any written, printed, or graphic matter upon or accompanying products or containers dispensed from vending machines, including signs or placards displayed in relation to such products, which is false or misleading, or which violates any applicable local, state, or federal labeling requirements.
OPERATOR. Any person, who by contract, agreement, or ownership takes responsibility for furnishing, installing, servicing, operating, or maintaining one or more vending machines.
PRODUCT CONTACT SURFACE. Any surface of the vending machine, appurtenances, or containers which comes into direct contact with any food, beverage, or ingredient.
READILY PERISHABLE FOODS. Any food, beverage, or ingredients consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry, or other food capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxication. Products in hermetically sealed containers processed by heat to prevent spoilage and dehydrated, dry, or powdered products so low in moisture content as to preclude development of microorganisms are excluded from the terms of this definition.
SINGLE-SERVICE ARTICLE. Any utensil, container, implement, or wrapper intended for use only once in the preparation, storage, display, service, or consumption of food or beverage.
VENDING MACHINE. Any self-service device offered for public use which, upon insertion of a coin, coins, or token, or by other means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation.
(B) Permits.
(1) It shall be unlawful for any person to engage in the operation of one or more vending machines in the city without possessing a currently valid operator's permit from the health authority. Only persons who comply with the provisions of this chapter shall be entitled to receive and retain a permit.
(2) Any person desiring to operate one or more vending machines in the city, or its police jurisdiction, shall make application in writing to the health authority. Applicant shall provide the following information:
(a) Full name, residence, and post office address, and whether an individual, firm, or corporation. If any partnership exists, the names of the partners, together with their addresses, shall be included.
(b) The location of the commissary or commissaries, and of other establishments where supplies are kept and where vending machines are repaired or renovated.
(c) The identity and form of the products to be dispensed through vending machines and the number of each type vending machine in his possession.
(d) The signature of the applicant or applicants.
(3) Upon receipt of the application, the health authority shall make an inspection of the commissary, servicing, and transport facilities, and representative machine and machine locations to determine compliance with the provisions of this chapter. A numbered operator's permit shall be issued to the applicant by the health authority after compliance with the applicable provisions of this chapter. The permit shall not be transferable.
(4) The operator's permit number, of a size and style approved by the health authority, shall be conspicuously displayed on each vending machine operated.
(5) In order to hold and retain an operator's permit, the operator shall maintain a list of all vending machines operated by him within the city and their location, and of all commissaries or other establishments from which his machines are serviced. This information shall be available to the health authority upon request.
(6) In order to hold and retain an operator's permit, the operator shall notify the health authority of any change in operations involving new types of vending machines, or conversion of existing machines to dispense products other than those for which the permit was issued.
(C) Adulterated or misbranded food or beverage.
(1) It shall be unlawful for any person within the city to sell, offer, or expose for sale through vending machines, or to have in possession with intent to sell any food, beverage, or ingredient which is adulterated or misbranded.
(2) Samples of food, beverage, or ingredient may be taken and examined by the health authority as often as may be necessary to determine freedom from adulteration or misbranding. The health authority may, on written notice to the operator, impound and forbid the sale of any food or beverage which is adulterated or misbranded, or which he has probable cause to believe to be adulterated or misbranded. After the operator has been given an opportunity for a hearing, the health authority may remove or destroy any food or beverage which is adulterated or misbranded, provided that in the case of misbranding which can be corrected by proper labeling, such food or beverage may be released to the operator for correct labeling under the supervision of the health authority.
(D) Inspection of vending machines and commissaries.
(1) At least once every six months the health authority shall inspect the servicing, maintenance, and operation of commissaries and of vending machines dispensing readily perishable foods. Vending machines dispensing other than readily perishable foods may be inspected by the health authority as often as deemed necessary.
(2) The health authority, after proper identification, shall be permitted to enter at any reasonable time upon any private or public property within the city, or its police jurisdiction, where vending machines or commissaries are operated, or from which such machines are otherwise serviced, for the purpose of determining compliance with the provisions of this chapter. The operator shall make provisions for the health authority to have access to the interior of all vending machines operated by him.
(E) Sanitation requirements for vending machine operations.
(1) Foods, beverages, ingredients, consumer containers, equipment maintenance, and operations. Foods, beverages, and ingredients intended for sale through vending machines shall be obtained from sources complying with the regulations of the city,and with other applicable state and federal laws and regulations. The products shall be clean and wholesome, free from spoilage, and shall be processed, prepared, handled, and stored in such manner as to be protected against contamination and adulteration. All product contact surfaces of containers and equipment shall be protected from contamination. This section shall be deemed to have been satisfied when the following requirements are met:
(a) All foods, beverages, and ingredients offered for sale through vending machines shall be manufactured, processed, and prepared in commissaries or establishments which comply with all applicable local, state, and federal laws and regulations.
(b) All foods, beverages, and ingredients offered for sale through vending machines shall be wholesome and free from spoilage, contamination, and adulteration.
(c) All foods, beverages, and ingredients shall be stored or packaged in clean protective containers, and shall be handled, trans-ported, and vended in a sanitary manner. Wet storage of packaged products is prohibited.
(d) Readily perishable foods offered for sale through vending machines shall be dispensed to the consumer in the individual original container or wrapper into which they were placed at the commis-sary or at the manufacturer's or processor's plant, or these products shall be dispensed into single service containers. In those vending machines dispensing readily perishable foods, beverages, or ingredients in bulk, the bulk supplies of these foods, beverages, or ingredients shall be transferred only to a bulk vending machine container and appurtenances which are clean and have been subjected to an approved bactericidal process.
(e) Readily perishable foods or ingredients within the vending machine shall be maintained at a temperature not lower than 33°F nor higher than 50°F. Vending machines dispensing readily perishable foods shall be provided with controls which insure the maintenance of these temperatures at all times, provided that an exception may be made for the actual time required to fill or otherwise service the machine and for a maximum recovery period of 30 minutes following completion of filling or servicing operations. These controls shall also place the machine in an inoperative condition until serviced by the operator in the event of power failure or other condition which permits the food storage compartment to attain a temperature above 50°F, or below 33°F, whichever is applicable. Vending machines dispensing readily perishable food shall be provided with a thermometer which, to an accuracy of + 2°F, indicates the air temperature of the food storage compartment. The temperature for hot liquid foods or beverages shall be not less than 150°F, and for frozen foods, not more than 32°F.
(f) Milk and fluid milk products offered for sale through vending machines shall be dispensed only in individual original containers or from bulk containers into which such product was placed at the milk plant; provided in the case of vending machines that use fluid milk products as an ingredient in hot liquid foods or beverages, the milk product may be transferred at the machine location from the individual original container of not more than half-gallon capacity to a vending machine bulk container which is clean and has been subjected to an approved bactericidal process in accordance with subsection (1)(h) of this division; provided in such transfer the entire contents of the individual original container are used.
(g) All multi-use parts of any bulk milk vending machine which come into direct contact with the milk or milk product shall be effectively cleaned and bactericidally treated at the milk plant; provided single service dispensing tubes which receive bactericidal treatment at the fabricating plant and which are individually packaged in a manner which precludes contamination may be exempted from this provision. The can or other bulk milk container shall be filled only at the milk plant and shall be sealed with two seals in a manner which makes it impossible to withdraw any part of its contents without breaking one seal, and impracticable to introduce any substance without breaking the other seal. The delivery tube and any milk contact parts of the dispensing device shall be attached at the milk plant and shall be protected by a moistureproof covering, or housed in a compartment with a moisture-tight closure, which shall not be removed until after the container is placed in the refrigerated compartment of the vending machine.
(h) With the exception of product contact surfaces of bulk vending machines for which separate provisions for cleaning and bactericidal treatment are specified in subsection (1)(g) of this division, all multi-use containers or parts of vending machines which come into direct contact with readily perishable foods, beverages, or ingredients shall be removed from the machine daily and shall be thoroughly cleaned and effectively subjected to an approved bactericidal process at the commissary or other approved facility; provided, the requirement for daily cleaning and bactericidal treatments may be waived for those contact surfaces which are main-tained at all times at a temperature of not higher than 50°F or at a temperature of not lower than 33°F, whichever is applicable. These parts shall, after cleaning and bactericidal treatment, be protected from contamination.
(i) All parts of vending machines which come into direct contact with other than readily perishable foods, shall be thoroughly cleaned and subjected to bactericidal treatment by methods approved by the health authority. The frequency of cleaning and bactericidal treatment shall be established by the health authority based upon the type of product being dispensed. A record of cleaning and bactericidal treatment operations shall be maintained by the operator in each machine and shall be current for at least the past 30 days.
(j) All single-service containers which receive food or beverage from machines dispensing products in bulk shall be purchased in sanitary cartons or packages which protect the containers from contamination, stored in a clean dry place until used, and handled in a sanitary manner. These containers shall be stored in the original carton or package in which they were placed at the point of manufacture until introduced into the container magazine or dispenser of the vending machine. Single-service containers stored within the vending machine shall be protected from manual contact, dust, insects, rodents, and other contamination.
(2) Machine location. The machine location shall minimize the potential for contamination of the product, be easily cleanable, and kept clean. This section shall be deemed to have been satisfied when the following requirements are met:
(a) Each vending machine shall be located in a room, area, or space which can be maintained in a clean condition and which is protected from overhead leakage from drains and piping. Each vending machine shall be located so the space around and under the machine can be readily cleaned and insect and rodent harborage is not created.
(b) The floor area upon which vending machines are located shall be reasonably smooth, of cleanable construction, and capable of withstanding repeated washing and scrubbing. This space and the immediate surroundings of each vending machine shall be maintained in clean condition.
(3) Exterior construction and maintenance. The exterior construction of the vending machine shall facilitate cleaning and minimize the entrance of insects and rodents and the exterior of the machine shall be kept clean. Service connections shall protect against unintentional or accidental interruption of service to the machine. This section shall be deemed to have been satisfied when the following require-ments are met:
(a) The vending machines shall be of sturdy construction and the exterior shall be designed, fabricated, and finished to facilitate its being kept clean, and to minimize the entrance of insects and rodents.
(b) Door and panel access openings to the product and container storage spaces of the machine shall be tight-fitting, and if necessary, gasketed to preclude the entrance of dust, moisture, insects, and rodents.
(c) All necessary ventilation louvers or openings into vending machines shall be effectively screened against insects and rodents; provided an exception to this provision may be made for vending machines currently in use until these machines are relocated or removed from present machine location for any other purposes. The screening material shall be not less than 16 mesh to the inch or equivalent.
(d) In all new vending machines in which a condenser unit is an integral part, the unit shall be sealed from the product and container storage spaces.
(e) Unless the vending machine is sealed to the floor so as to prevent seepage underneath, or can be manually moved with ease, one or more of the following provisions shall be utilized to facilitate cleaning operations:
1. The machine shall be mounted on legs six or more inches in height; or
2. The machine shall be mounted on casters or rollers; or
3. The machine shall be mounted on gliders which permit it to be easily moved.
(f) All service connections through an exterior wall of the machine, including water, gas, electrical, and refrigeration connections, shall be grommeted or sealed to prevent the entrance of insects and rodents. All connections to utilities shall discourage their unauthorized or unintentional disconnection.
(4) Interior construction and maintenance. All interior surfaces and component parts of the vending machine shall be designed and constructed to permit easy cleaning, and shall be kept clean. All product contact surfaces of the machine shall be of smooth, nontoxic, corrosion-resistant, and relatively nonabsorbent material, and shall be capable of withstanding repeated cleaning and bactericidal treatment by normal procedures. These surfaces shall be protected against contamination. This section shall be deemed to have been satisfied when the following requirements are met:
(a) The nonproduct contact surfaces of the interior of vending machines shall be designed and constructed to permit easy cleaning and to facilitate maintenance operations.
(b) All product contact surfaces of vending machines shall be smooth, in good repair, and free of breaks, corrosion, open seams, cracks, and chipped places. The design of these surfaces shall preclude routine contact between food and V-type threaded surfaces. All joints and welds in product contact surfaces shall be smooth and all internal angles and corners of these surfaces shall be rounded to facilitate cleaning.
(c) All product or ingredient contact surfaces of vending machines, including containers, pipes, valves, and fittings, shall be constructed of nontoxic, corrosion-resistant, and relatively nonab-sorbent materials, and shall be kept clean. All containers, valves, fittings, chutes, and faucets which are in contact with food shall be easily and readily removable and fabricated to be easily disassembled; and, when disassembled, all surfaces shall be visible for inspection and cleaning. In machines of such design that product contact pipes or tubing are not readily removable, cleaning of such pipes and pipe fittings may be permitted, provided that:
1. They are arranged so that cleaning and bactericidal solutions can be circulated throughout all interior surfaces of the fixed system;
2. The system is self-draining or otherwise completely evacuated; and
3. The cleaning procedures result in thorough cleaning of the equipment.
(d) The openings into all nonpres-surized containers used for the storage of vendable foods and ingredients, including water, shall be provided with covers which prevent contamination from reaching the interior of the containers. These covers shall be designed to provide a flange which overlaps the opening and shall be sloped to provide drainage from the cover surface. Any port opening through the cover shall be flanged upward at least 3/8 inch and shall be provided with a cover which overlaps the flange. Condensation or drip-deflecting aprons shall be provided on all piping, thermometers, equipment, rotary shafts, and other functional parts extending into the container, unless a watertight joint is provided. These aprons shall be considered as satisfactory covers for those openings which are in continuous use. Gaskets, if used, shall be of a material which is nontoxic, relatively stable, and relatively nonabsorbent, and shall have a smooth surface. All gasket retaining grooves shall be readily cleanable.
(e) The delivery tube or chute and orifice of all bulk food and bulk beverage vending machines shall be protected from normal manual contact, dust, insects, rodents, and other contamination. The design shall be such as to divert condensation or other moisture from the normal filling position of the container receiving the food or beverage. The vending stage of these machines shall be provided with a tight-fitting, self-closing door or cover which is kept closed, except when the machine is in the process of delivering food or beverage.
(f) The product storage compartment within vending machines dispensing packaged liquid products shall be so constructed as to be self-draining, or shall be provided with a drain outlet which permits complete draining of the compartment. All such drains shall be easily cleanable.
(g) Opening devices which come into contact with the product or the product contact surface of the containers shall be constructed of smooth, nontoxic, corrosion-resistant, and relatively non-absorbent materials. Unless the opening device is of a single-service type, it shall be readily removable for cleaning and shall be kept clean. Parts of multi-use opening devices which come into contact with the product or product contact surface of containers shall be reasonably protected from manual contact, dust, insects, rodents, and other contami-nation and such parts shall be readily removable for cleaning and shall be kept clean.
(5) Water supply. Water used in vending machines shall be from an approved source, and shall be of safe and sanitary quality. This section shall be deemed to have been satisfied when the following requirements are met:
(a) All water used in vending machines shall be of safe, sanitary quality and from a source approved by the health authority. Water used as a product ingredient shall be piped into the vending machine under pressure and all connections and fittings shall be installed in accordance with the local or state plumbing regulations. Containers for the storage of water for product ingredient, which are not a part of the closed water system, shall be designed and maintained as product contact surfaces.
(b) If used, water filters or other water conditioning devices shall be a type which may be disassembled for periodic cleaning or replacement of the active element. Replacement elements shall be handled in a sanitary manner.
(c) All vending machines which dispense carbonated beverages and which are connected to a water supply system shall be equipped with two (or a double) check valves, an air gap, a device to vent carbon dioxide to the atmosphere, or other device approved by the health authority which will provide positive protection against the entrance of carbon dioxide or carbonated water into the water supply system.
(d) Where check valves are used for the protection of the water supply system, a screen of not less than 100 mesh to the inch shall be installed in the water supply line immediately upstream from the check valves.
(e) In all vending machines which dispense carbonated beverages and which are connected to a water supply system, the ingredient water contact surfaces from the check valves or other protective device downstream, including the device itself, shall be of material to preclude the production of toxic substances which might result from interaction with carbon dioxide or carbonated water.
(6) Waste disposal. All wastes shall be properly disposed of and, pending disposition, shall be kept in suitable containers to prevent creating a nuisance. This section shall be deemed to have been satisfied when the following requirements are met:
(a) All trash and other waste material shall be removed from the machine location as frequently as may be necessary to prevent nuisance and unsightliness and shall be disposed of in a manner approved by the health authority.
(b) Self-closing, leakproof, readily cleanable, plainly labeled and designated waste containers shall be provided in the vicinity of each machine to receive used cups, cartons, wrappers, straws, closures, and other single-service items. These waste containers shall not be located within the vending machine, provided that an exception may be made for those machines dispensing only packaged products with crown closures, in which case the closure receptacle may be located within the machine. Suitable racks or cases shall be provided for multi-use containers or bottles.
(c) Containers shall be provided within all machines dispensing liquid products in bulk, for the collection of drip, spillage, overflow, or other liquid wastes. An automatic shutoff device shall be provided which will place the vending machine out of operation before such container overflows. Containers or surfaces on which such wastes may accumulate shall be readily removable for cleaning, easily cleanable, and corrosion-resistant. If liquid wastes from drip, spillage, or over-flow which originate within the machine are discharged into a sewerage system, the connection to the sewer shall be through an air gap.
(7) Delivery of foods, ingredients, equipment, and supplies to machine location. Foods, beverages and ingredients, and product contact surfaces of containers, equipment, and supplies, shall be protected from contamination while in transit to machine location. Readily perishable foods and beverages while in transit shall be maintained at a temperature not higher than 50°F. This section shall be deemed to have been satisfied when the following requirements are met:
(a) Foods, beverages, or ingredients while in transit to vending machine locations shall be protected from the elements, dirt, dust, insects, rodents, and other contamination. Similar protection shall be provided for single-service containers and for the product contact surfaces of equipment, containers, and devices in transit to machine locations.
(b) Readily perishable foods or bever-ages, while in transit to vending machine locations shall be maintained at a temperature of not more than 50°F.
(8) Personnel; cleanliness. Employees shall keep their hands clean, and wear clean outer garments while engaged in handling foods, beverages, or product contact surfaces of utensils or equipment. This section shall be deemed to have been satisfied when the following requirements are met: employees shall wash their hands immediately prior to engaging in any vending machine servicing operation which may bring them into contact with foods, beverages, ingredients, or with product contact surfaces of utensils, containers, or equipment; while engaged in such servicing operations, employees shall wear clean outer garments.
(F) Disease control. No employee with any disease in a communicable form, or who is a carrier of such disease, shall work in any commissary or in vending machine operations in any capacity which brings him into contact with the production, handling, storage, or transportation of foods, beverages, ingredients, or equipment used in vending machine operation. No operator shall employ in any capacity any person having any disease in a communicable form, or being a carrier of such disease. Any employee who has a discharging or infected wound, sore, or lesion on hands, arms, or any exposed portion of the body shall be excluded from those operations which will bring him into contact with foods, beverages, utensils, or equipment used in vending machine operations. Any operator among whose employees there occurs a communicable disease or who suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease, shall notify the health authority immediately.
(G) Procedure when infection is suspected. When suspicion arises as to the possibility of transmission of infection from any employee, the health authority is authorized to require any or all of the following measures:
(1) The immediate exclusion of the employee from all commissaries and vending machine operations.
(2) The immediate closing of the commissaries and operations concerned until, in the opinion of the health authority, no further danger of disease outbreak exists.
(3) Adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated.
(H) Commissaries outside jurisdiction of the health authority. Foods, beverages, and ingredients from commissaries outside the jurisdiction of the health authority of the city may be sold within the city if these commissaries conform to the provisions of the food establishment sanitation regulations of the city, or to substantially equivalent provisions. To determine the extent of compliance with these provisions, the health authority may accept reports from the responsible authority in the jurisdiction where the commissary or commissaries are located.
(`79 Code, § 110.054)