APPENDIX A
RULE NO. 5-84
TOLEDO DISTRICT BOARD OF HEALTH RULE GOVERNING FOOD ESTABLISHMENTS
A RULE OF THE TOLEDO BOARD OF HEALTH DEFINING FOOD ESTABLISHMENTS. PROVIDING FOR THE INSPECTION OF SUCH ESTABLISHMENTS AND ESTABLISHING STANDARDS AND REQUIREMENTS THEREOF: REPEALING REGULATION NO. 1-57.
   Be it resolved by the Board of Health of the City of Toledo, Ohio as follows:
   SECTION 1. That Regulation No. 1-57, adopted by the Toledo District Board of Health on April 2, 1957, be and the same is hereby repealed.
   SECTION 2. Definitions: The following definitions shall apply in interpretations and enforcement of this rule.
   A.   Board of Health means the Board of Health of the City of Toledo, Ohio having the duties as authorized by Section 3709.22 of the Revised Code.
   B.   Health Commissioner means the Health Commissioner of the City of Toledo, Ohio or his authorized representatives.
   C.   Equipment means and includes utensils and fixtures.
   D.   Fixtures means and includes display cases, tables, counters, shelves, refrigerators, stores, hoods, sinks, and other similar equipment used in processing, manufacturing, packaging, transporting, and storing food.
   E.   Utensils means and includes kitchenware, tableware, glassware, cutlery, containers, food slicing machines, grinders, choppers and other similar equipment coming in contact with food during storage, preparation, processing, packaging, transporting, or serving.
   F.   Food means (1) articles used for food or drink for man and (2) articles used for components of any such articles.
   G.   Food Establishment means any place whether temporary or permanent, stationary or mobile, or whether it be considered public, semi-public or private, where food or drink is prepared, processed, manufactured, packaged, stored, served, sold, or offered for sale. Provided that the following places are not included:
      (1)   Homes containing what is commonly known as the family unit and their non-paying guests.
      (2)   Food service operations as defined in Section 3732.01 of the Ohio Revised Code.
      (3)   Milk producers, milk plants, milk processors, and milk haulers as defined in Section 3707.371 of the Ohio Revised Code.
      (4)   Meat and poultry plants registered under Sections 918.08 and 918.28 of the Ohio Revised Code.
   H.   Vehicular Food Establishment means any vehicle from which food and/or drink or any substance for human consumption is manufactured, processed, packaged, stored, sold or offered for sale.
   I.   Operator means the person, firm, association, or corporation who is in responsible charge of conducting a food establishment.
   J.   Regulating Agency means the Board of Health of the City of Toledo, Ohio and its authorized representatives having duties as authorized by Section 3709.22 of the Ohio Revised Code.
   K.   Unwholesomeness means adulteration as defined in Section 3715.59 of the Ohio Revised Code.
   L.   Bulk Food Sales means foods which are sold or dispensed direct to purchasers from barrel, boxes, crates, tubs, vats or other similar containers.
   SECTION 3. Inspection of food establishments.
   It is hereby made a duty of the regulating agency to inspect or cause to be inspected and recorded on a form prescribed by the Board of Health at least once annually, every food establishment operation which comes within the provisions of this rule.
   The person operating the food establishment shall upon request of the Health Commissioner, permit access to all parts of the establishment and shall permit copying of any or all records of food purchased. Said inspection shall include all parts of the establishment and any and all records of food purchased.
   It shall be unlawful for any person to operate a food establishment, unless a license has been issued as prescribed by law. Application for a license to operate a food establishment shall be made on a form prescribed and furnished by the Board of Health.
   SECTION 4. Plans.
   A.   No person, firm, association, or corporation shall construct, install, provide, equip, or extensively alter a food establishment until the plans therefor have been submitted to and approved in writing by the regulating agency. When such plans are submitted to the regulating agency, they shall be acted upon within thirty days after date of receipt.
   B.   The provisions of regulations HE-33-01 through HE-33-05 of the Ohio Sanitary Code relating to the submission of plans and specifications for proposed water supply, sewerage and sewage disposal, plumbing, drainage, and sanitary equipment shall apply to food establishments. In addition, the plans and specifications submitted for the approval of the regulating agency shall clearly show and describe that the provisions of this regulation can be adequately met. The plans and specifications shall include:
      (1)   The total area to be used for the food establishment.
      (2)   Entrances and exits.
      (3)   Location, number and types of plumbing fixtures including all water supply facilities.
      (4)   Plan of lighting, both natural and artificial.
      (5)   All rooms in which the food establishment is to be conducted.
      (6)   General layout of fixtures and other equipment.
      (7)   Building materials and surface finishes to be used.
      (8)   Make and model number of all equipment: "Make" means manufacturer's name.
   C.   All new equipment used in food establishment shall be of a type approved by the regulating agency. All such equipment shall be of such material and so constructed and installed as to readily conform with this regulation.
   SECTION 5. Sanitation Requirements.
   Structure-Cleanliness-Repair.
   A.   Every food establishment and all parts thereof and places appurtenant to the food establishment shall be maintained in good repair and shall be kept thoroughly clean and free from any accumulation of filth, litter, garbage, rubbish, and other waste.
   Ventilation.
   B.   All food establishments shall be provided with sufficient ventilation to prevent undue condensation or accumulation of offensive or dangerous fumes, gases, mists, and odors.
   Lighting.
   C.   Working surfaces coming in contact with food during preparation, processing, or manufacturing and where utensils are washed shall be illuminated to a minimum forty foot-candles.
   Garbage and Refuse Disposal.
   D.   All liquid wastes shall be properly disposed of in a public sanitary sewerage system, or by another approved method of sewage disposal.
   Garbage and Refuse Disposal.
   Containers:
      (1)   Garbage and refuse shall be kept in durable, cleanable, insect-proof and rodent-proof containers that do not leak and do not absorb liquids. Plastic bags and wet-strength paper bags may be used to line these containers.
      (2)   Containers used in food processing and utensil washing areas shall be kept covered when not in use.
      (3)   Containers stored outside the operation, and dumpsters, compactors, and compactor systems shall be cleanable; shall be provided with tight fitting lids, doors, or covers; and shall be kept covered when not in actual use.  In dumpsters and compactors designed with drains, drain plugs shall be in place at all times except during cleaning.
      (4)   There shall be a sufficient number of containers to hold all the garbage and refuse that accumulates.
      (5)   Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction.  Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils, or food processing areas.
      (6)   Suitable facilities, including steam or hot water and detergent, shall be provided and used for washing refuse containers.  Liquid waste from compacting or cleaning operations shall be disposed of as sewage.
      (7)   Garbage and refuse on the premises shall be stored in such a manner as to make it inaccessible to insects and rodents.  Outside storage of unprotected plastic bags, wet-strength paper bags or baled units containing garbage or refuse is prohibited.  Cardboard or other packaging material not containing garbage or food wastes shall be stored in a manner that does not create a nuisance.
   Storage.
   Outside storage areas or enclosures shall be large enough to store the garbage and refuse containers that accumulate and shall be kept clean.  Garbage and refuse containers, dumpsters, and compactor systems shall be stored on or above a smooth surface that is kept clean, maintained in good repair, and graded to prevent pooling of water.
   Refrigeration and Hot Storage.
   E.   All food needing refrigeration to prevent spoilage shall be maintained at temperatures of forty-five degrees Fahrenheit or seven degrees Centigrade or below and hot foods shall be kept at one hundred and forty degrees Fahrenheit or sixty degrees Centigrade or above except during period of preparation and service when it is not practical to maintain such temperatures.
   Storage, Display, Serving, Transportation and Covering of Food.
   F.   All food shall be so stored, prepared, displayed, served and transported so as to be protected from dust, flies, vermin depredation, and pollution by rodents, poisonous insecticides, coughs and sneezes, flooding, drainage, unnecessary handling, droplet infection, overhead leakage, hazardous products and other contamination.  No live animals or fowls shall be kept in any room in which food is prepared, processed or served.  All practicable means shall be used for the elimination of flies, roaches, vermin, and rodents.
   Isolation of Living and Sleeping Areas.
   G.   No building or portion of any building hereafter constructed or extensively altered within the City of Toledo that is used as a place where food is manufactured, processed, packaged, stored, offered for sale, or is served shall be used for living or sleeping purposes unless the portion so used is completely separated from the portion used as a place where food is manufactured, processed, packaged, stored, sold, or served, by a stud or masonry partition, extending from floor to ceiling, without opening of any king.
   Clothing Storage.
   H.   No clothing shall be kept in such a manner as to be likely to cause contamination of food or utensils.  Soiled linens and soiled wearing apparel shall be kept in sanitary containers.
   Water Supply.
   I.   (1)  The water supply shall be adequate and shall be of safe sanitary quality.
      (2)   The food preparation or processing area of every food establishment shall be provided with hot and cold water under pressure for handwashing, cleaning of utensils and fixtures, and the general operation of the food establishment.
      (3)   No hose will be attached to any water faucet or outlet without an approved vacuum breaker or anti-siphon device installed.
   Toilet and Lavatory Facilities.
   J.   (1)     Toilet and lavatory facilities shall be installed in compliance with applicable State and local codes and shall meet the following requirements:
         (a)   All plumbing shall be satisfactory.
         (b)   Doors on all toilet rooms shall be self-closing and tight fitting.
         (c)   Toilet room ventilation shall meet the requirements of Section 4-B.
         (d)   Every toilet room and all the facilities provided therein shall, at all times, be kept in good repair, in a clean and sanitary condition, free from filth and accumulation of waste, and shall be provided with an adequate supply of toilet tissue.
         (e)   Every water closet and urinal shall be provided with a sufficient supply of water for flushing to keep it in a clean condition.
         (f)   Where public sanitary sewers or other approved method of sewage disposal is not available, privies shall be provided.  They shall be adequate and shall be constructed and maintained in a satisfactory manner.  They shall be separate from the structure of the food service operation.
         (g)   One (1) water closet to each twenty-five (25) males or fraction thereof,
   One (1) water closet to each twenty-five (25) females or portion thereof,
   One (1) lavatory to each twenty (20) persons or fraction thereof.
   If the Health Commissioner deems justifiable, he may grant permission to food establishments for one (1) water closet for both sexes, providing the number of employees does not exceed five (5) at one time.
   Toilet facilities shall be conveniently located. The location of said toilet facilities shall meet with the approval of the Health Commissioner.
   Handwashing Facilities.
   K.   (1)    Adequate and convenient handwashing facilities shall be provided for employees. The facilities shall include hot and cold running water, soap, and approved drying facilities.
      (2)   No employee shall resume work after using the toilet room without first washing his hands.
      (3)   Dirty hands shall not be washed in sinks used for the preparation of food or the cleaning or sanitizing of utensils.
   Construction of Equipment.
   L.   (1)    All multi-use equipment used in connection with a food establishment shall be so constructed as to be easily cleaned and shall be kept in good repair.
      (2)   Utensils containing or plated with cadmium or lead or any other substance or material which, either in itself, or in the storage, preparation or serving of food, may produce an unwholesome deleterious compound that may render such food contaminated or dangerous to health shall not be used.
      (3)   The storage and handling of food equipment, utensils, or single-service articles in toilet rooms or vestibules is prohibited.
   Cleaning and Bactericidal Treatment of Utensils and Fixtures.
   M.   (1)    All utensils and fixtures shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths, sponges, brushes, and similar items used by employees shall be clean. Single-service containers and utensils shall be used only once.
      (2)   All multi-use utensils used by the consumer shall be thoroughly cleaned and effectively subjected to a bactericidal process after each usage. All other multi-use utensils shall be thoroughly cleaned and subjected to an approved bactericidal process immediately following the day's operation.
      (3)   Cloths, if used for wiping or drying utensils, shall be clean and shall be used for no other purpose.
      (4)   Cleaning wastes shall not be emptied into sinks used for the preparation of food or the cleaning or sanitizing of utensils.
      (5)   Sinks used in washing and sanitizing of utensils shall be conveniently located, provided with hot and cold running water and be of a capacity approved by the Health Commissioner.
   Storage and Handling of Utensils.
   N.   (1)    After bactericidal treatment, utensils shall be stored in a clean, dry place protected from flies and other contamination and shall be handled in a manner to prevent contamination.
      (2)   Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean dry place until used, and shall be handled in a sanitary manner.
      (3)   All single-service straws, knives, forks, spoons, and other similar utensils shall be individually wrapped or dispensed from an approved dispenser; provided, such utensils need not be individually wrapped or dispensed when the utensils are handled in a sanitary manner.
   Cleanliness of Employees.
   O.   (1)    All employees shall wear clean garments and shall keep their persons clean and neat at all times while engaged in handling food or utensils.
      (2)   No employee while engaged in preparing, processing, or serving food shall use tobacco in any form.
      (3)   All employees shall wear their hair, natural or artificial, clean and neat and under control at all times so that:
         (a)   There shall be no undue handling of hair
         (b)   Hair shall not come into contact with food or food contact surfaces.
         (c)   Loose hair shall be prevented from falling into food or on food contact surfaces.
         (d)   Hair must be restrained to prevent dislodgement by head motion.
   Health of Employees.
   P.   (1)    No person affected with a disease in a communicable form, or who is a carrier of a communicable disease shall work in any food establishment. No operator shall employ any person knowing him to be suspected of having or knowing him to be a carrier of a communicable disease. The operator shall notify the health commissioner immediately if he has reason to believe that an employee has a disease in a communicable form or has become a carrier of a communicable disease.
      (2)   When there is reasonable cause to believe that a danger of transmission of infection from any food establishment employee exists, the regulating agency may require any or all of the following measures:
         (a)   The immediate exclusion of the employee from employment in all food establishments;
         (b)   Adequate medical examination of the employee and of his associates, with such laboratory examination as may be required by the Health Commissioner.
   Wholesomeness of Food.
   Q.   (1)    Food shall be in sound condition and safe for human consumption. Food shall be obtained from sources that comply with the applicable laws relating to food safety. Food prepared in a home shall not be used or offered for sale.
      (2)   Samples of food and other substances may be taken and examined as often as necessary for the detection of unwholesomeness. The regulating agency shall condemn and forbid the sale of, or cause to be removed or destroyed, any food which is unwholesome.
      (3)   All food shall be clean, wholesome, free from spoilage and so prepared or processed as to be safe for human consumption.
         (a)   All milk and milk products, all meat and meat products shall be from approved sources.
         (b)   All oysters, clams, and mussels shall be from approved sources.
   Bulk Food Sales.
   This rule hereby incorporates the terms of the State of Ohio Department of Agriculture Rules regarding bulk food sales. In addition to said rules, this rule applies to all food establishments within the jurisdiction of the Toledo District Board of Health.
   R.   A.    The installation of a bulk food display and sales area shall be considered an extensive alteration of a food establishment, therefore, plans must be submitted in advance of construction or installation.
         Plans and accompanying narrative shall detail how the following conditions will be complied with:
         1.    Conditions
            (a)   A list of all foods planned for display and sale shall be submitted.
            (b)   Appropriate signs shall be used to inform the public about and promote the proper methods of obtaining bulk food products. The utensils or method used for removal of foods from bulk containers must be indicated for each product.
            (c)   Display areas should be developed and used so as to inform and promote proper consumer methods of obtaining the bulk food products. They shall be designed to minimize product accessibility to children and other unauthorized persons.
            (d)   Bulk food products shall be displayed in a manner that will protect the food from droplet infection, dust, insects, etc. All bulk foods shall be protected in containers with self-closing or contained tight-fitting covers. Covers may be hinged or sliding. However, "piano hinges" shall not be used due to unsanitary, hard to clean design. Containers shall be of food grade plastic, stainless steel, or other approved material.
            (e)   Utensils used to transport food to individual containers shall be protected (during periods of non-use) from droplet infection, dust, insects, etc. through storage in easily cleanable covered enclosures. A separate, easily cleanable utensil must be connected to the food display which it serves that will prevent it from being dropped onto the floor. The method of connection shall be such that the utensil can be quickly disconnected and sanitized. Utensils shall be made from food grade plastic or stainless steel. Placement of the utensil on top of the bulk product container or on, or in the food product is unacceptable.
            (f)   Bulk food containers shall be frequently inspected by store personnel for signs of product contamination.
               Product suspected of or determined to be contaminated shall be immediately removed from bulk food area and not offered for sale unless contamination has been ruled out. If the product is contaminated, it shall be discarded in an approved manner.
            (g)   Bulk food containers shall be shallow and easily cleanable and stored at least 12 inches off the floor.
            (h)   Food display areas shall be monitored at all times to ensure proper food handling by customers.
            (i)   All sanitation requirements as noted in Section 4 of the Food Establishment Regulation of the Toledo Board of Health shall be complied with.
            (j)   All containers into which bulk food is dispensed shall be wrapped or dispensed from clean, dry dispensing tubes to minimize contamination, and be of single-use type.
            (k)   All employees servicing bulk food dispensers shall at all times wear clean outer garments, shall use effective hair restraints, and follow proper food handling practices to prevent the contamination of food or food contact surfaces.
            (l)   Labels and marking devices shall be made available to customers for later product identification.
            (m)   Potentially hazardous foods shall not be sold in bulk unless dispensed by store employees from behind the deli case. Potentially hazardous foods include: Dairy products, meat and poultry products, fish, cream filled bakery products, custards and egg foods. However, shelled eggs shall be considered a low hazard food.
            (n)   All potentially hazardous foods are to be kept at or below 45° Fahrenheit when being prepared or displayed. An easily readable thermometer shall be used in the displays to monitor temperatures of the foods. Frozen foods shall be kept at maximum temperature of 0° Fahrenheit in storage or display.
      B.   It is recommended and urged that foods which are already prepared and ready to be eaten will be scooped or dispensed by employees, or will be individually wrapped, or bagged, or dispensed through a device, such as an enclosed canister with spigots, extruders, or drop bins, which will deter direct customer contact with the offered food. It is further recommended and urged that all other foods be dry or require cooking before consumption.
   Sale of Meat from Vehicles.
   S.   No person shall sell any meat, poultry, fish or seafood from any unapproved and/or unlicensed vehicle.
(Ord. 293-96. Passed 4-23-96.)
   Vehicular Food Establishments.
   T.   The following conditions apply to "Vehicular Food Establishments":
      (1)   Any food or drink sold from a vehicle shall be in the original container or packaged in a sanitary manner and shall be prepared and processed under inspection with the exception of fruits and vegetables in their native state.
      (2)   No food or drink shall be packaged, prepared, or processed in the vehicle except if, in the opinion of the Health Commissioner, this can be done in a sanitary manner.
      (3)   All vehicular food establishments shall be constructed and maintained to meet all sanitary requirements of the health Commissioner.
      (4)   All meat, poultry, fish, or seafood sold from any approved, licensed vehicle will be kept frozen at a temperature of 0 degrees (F), -18 degrees (C), or less. 
      (5)   All vehicles shall be identified on the sides and rear with the company name, full address, and phone number.  All letters and numbers shall be a minimum of three inches (3") high.
      (6)   Accurate, easily readable thermometers capable of determining the temperature inside freezer units shall be provided within the vehicles.
      (7)   The splitting of prepackaged amounts of any product is prohibited.
      (8)   The vehicle identification number shall be printed on each license.
(Ord. 293-96. Passed 4-23-96.)
   Toxic Materials.
   This section shall be construed so as to be consistent with Section F.
   U.   (1)    Poisonous and toxic materials are to be kept in their original containers, or the containers of poisonous or toxic materials shall be prominently and distinctly labeled for easy identification.
      (2)   Poisonous or toxic materials consist of the following categories:
         (a)   pesticides;
         (b)   detergents, sanitizers and related cleaning or drying agents;
         (c)   flammables;
         (d)   corrosives.
   License Display.
   V.   Where a license has been issued to a food establishment operation, the same shall be displayed in a conspicuous and public manner within the premises where such business is conducted.
   SECTION 6.
   Rule No. 5-84 shall be deemed supplemental to Part 17, Toledo Municipal Code and when any particular circumstance or condition is covered by the Provisions of Part 17, Toledo Municipal Code and by provisions of this Rule, in the event of any inconsistency between said Municipal Code and this Rule, the most stringent rule shall apply.
   SECTION 7. Enforcement.
   This rule shall be enforced by the Health Commissioner in accordance with Section 3709.99 of the Revised Code of the State of Ohio which states:
   "Whoever violates Section 3709.20, 3709.21, or 3709.22 of the Revised Code or any order or regulation of the Board of Health of a city or general health district adopted in pursuance of such sections, or interferes with the execution of such an order or regulation by a member of the Board or person authorized by the Board, shall be fined not more than one hundred dollars or imprisoned not more than ninety days, or both. No person shall be imprisoned for the first offense, and the prosecution shall always be for a first offense unless the affidavit upon which the prosecution is instituted contains the allegation that the offense is a subsequent offense.
   Except in case of an emergency endangering the public health caused by an epidemic, an infectious or a communicable disease, or a disaster emergency condition or event, no prosecution for violation of any regulation or order adopted pursuant to Section 3709.20, 3709.21, or 3709.22 of the Revised Code shall take place until twenty days after such Board of Health has notified the person subject to such regulation or order of the specific violation alleged. Any person notified by the Board of a violation of any such regulation or order may file an action for declaratory judgement pursuant to Sections 2721.01 to 2721.15, inclusive, of the Revised Code, to have determined whether such regulation or order is unreasonable or unlawful. No such prosecution shall be commenced when, within such twenty-day period, the violation has been-corrected. No such prosecution shall be commenced until such a declaratory judgement has been given."
   SECTION 8. Penalties.
   Each and every violation of this rule shall constitute a separate offense. Violation of this rule is punishable by Section 3709.99 of the Revised Code of the State of Ohio.
   SECTION 9. Repeal Clause.
   All rules and regulations of the Toledo District Board of Health or parts of rules and regulations of the Toledo District Board of Health in conflict herewith are hereby repealed to the extent of such conflict only.
   SECTION 10. Savings Clause.
   If any section, sub-section, sentence, clause or phrase of this rule is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this rule shall not be affected hereby.
   SECTION 11.
   This rule is hereby declared to be an emergency and shall take effect and be in force from and after its passage. The reason for the emergency lies in the fact that this rule is necessary for the immediate preservation of public health and welfare.
DR. FREDERICK C. HENRY, President
Toledo District Board of Health
DR. FRANK DUFFY, Secretary
Toledo District Board of Health