1709.01 Definitions.
1709.02 License required.
1709.03 Fee schedule and exemptions.
1709.04 License application, display and inspection.
1709.05 License revocation or suspension.
1709.06 Plans.
1709.07 Food.
1709.08 Food protection.
1709.09 Personnel.
1709.10 Equipment and utensils.
1709.11 Safety and adequacy of water supply.
1709.12 Sewage disposal.
1709.13 Plumbing.
1709.14 Toilet and handwashing.
1709.15 Garbage and refuse disposal.
1709.16 Insect, animal and rodent control.
1709.17 Floors, walls and ceilings.
1709.18 Lighting.
1709.19 Ventilation.
1709.20 Dressing rooms and locker areas.
1709.21 Toxic materials.
1709.22 Areas to be kept clean and orderly.
1709.23 Variances.
1709.24 Conflict of laws; date of effect.
1709.99 Enforcement and penalty.
CROSS REFERENCES
Food establishments - see OAC Ch. 901:3-29
(a) "Food establishment" means any place whether temporary or permanent, stationary or mobile, or whether it is considered public, semipublic or private, where food or drink is prepared, processed, manufactured, packaged, stored, served, sold, offered for sale, demonstrated, or given away provided that the following places are not included:
(1) Homes containing what is commonly known as the family unit and their nonpaying guests.
(2) Food service operations as defined in Ohio R.C. 3732.01, dairy and meat plants, slaughterhouses, abattoirs which are under other regulation of this Board of Health or other governments.
(Res. 145. Passed 1-26-94.)
(b) "Board of Health" means the Board of Health of the Warren City Health District as created by the provisions of Ohio R.C. 3709.05.
(c) "Health Commissioner" means the person occupying the office in the health district which is created by Ohio R.C. 3709.11 and 3709.14 or his authorized representative.
(d) "Fixtures" means display cases, tables, counters, shelves, refrigerators, stoves, hoods, sinks and other similar equipment used in processing, manufacturing, packaging, transporting and storing food.
(e) "Utensils and equipment" means kitchenware, tableware, glassware, cutlery, containers, food slicing machines, grinders, table saws, choppers, mixers 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 human consumption;
(2) Chewing gum, and
(3) Articles used for components of any such articles.
(g) "Mobile food establishment" means one which may be moved without significant alteration of the structure or equipment after the structure and equipment has been moved from one location to another.
(h) "Operator" means the person, firm, association or corporation who is in responsible charge of conducting a food establishment.
(i) "Unwholesomeness" means adulteration as defined in Ohio R.C. 3715.59.
(Res. 94. Passed 6-29-88.)
Prior to conducting a food establishment operation in the Warren City Health District, every operator, person or governmental agency shall renew the license on or before March 1 each year. However, a seasonal food establishment operation, as determined by the Warren City Board of Health, may obtain or renew its license at any time before it begins conduct of its food establishment operation during the calendar year. If a license fee is not paid as prescribed by Section 1709.03, on or before the date it is due, a penalty of twenty-five percent (25%) of any such fee shall be imposed and paid. Except as provided in this section, no food establishment operation shall be maintained and conducted in the Warren City Health District without such a license. An operator, person or governmental agency that has received a license, upon the sale or disposition of the food establishment operation or the removal to a new location may, upon obtaining consent of the Warren City Board of Health, have the license transferred, but no license shall be transferred without such consent, not more than once.
(Res. 123. Passed 8-21-91.)
(a) As defined in Section 1709.01, license fees for food establishments are hereby adopted for and in the following categories:
Under 1,000 square feet, and mobile units | $32.00 |
1,001 To 5,000 square feet | 52.00 |
5,001 To 10,000 square feet | 106.00 |
10,001 To 20,000 square feet | 148.00 |
Over 20,001 square feet | 180.00 |
Motorized ice cream vendors, per truck | 32.00 |
Group home food preparation | 32.00 |
Temporary, single event, one location (shall not exceed five day) | 20.00 |
Water sample fee | 15.00 |
Water sample fee (bacterial test only) | 10.00 |
Government, nonprofit (501(c)), churches, etc. | 60% of license fee |
(b) In the event that a license is not renewed prior to its expiration date, there shall also be a late fee charge in the amount of twenty-five percent (25%) of the license fee described herein.
(c) Locations where machines dispense only bottled or canned beverages are exempt from licensing.
(d) A fee shall be charged and collected by the Board of Health for the collection and analysis of each water sample taken from food establishment entities whose water supply is required by statute, rule, regulations, ordinance or resolution.
(Res. 151. Passed 11-30-94.)
(a) Where a license has been issued to a food establishment operation, the license shall be displayed in a conspicuous and public manner therein.
(b) Application for a food establishment license shall be made on a form prescribed and furnished by the Health Commissioner of the Warren City Health Department, who shall also prescribe and furnish the license to the licensee.
(c) It is hereby made the duty of the Board of Health to inspect or cause to be inspected and recorded on a form authorized by the Warren City Board of Health at least once annually, every food establishment located within the jurisdiction of the Warren City Health District. And for that purpose, the Board of Health has the right of entry thereto at any reasonable time.
(Res. 94. Passed 6-29-88.)
A permit to operate a food establishment may be suspended or revoked by the Board of Health upon violation by the holder of any of the terms of this regulation; however, such suspension or revocation shall not take place until the permittor has first notified such permittee in writing, called specific attention to the violation and afforded a reasonable time and opportunity to make satisfactory corrections.
(Res. 94. Passed 6-29-88.)
(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 Board of Health. When such plans are submitted to the Board of Health, they shall be acted upon within thirty days after the date of receipt.
(b) The provisions of the Ohio Sanitary Code relating to submission of plans and specifications for proposed water supply, sewerage and sewage disposal, plumbing, drainage and sanitation shall apply to food establishments. In addition, the plans and specifications submitted for the approval of the Board of Health shall clearly show and describe that the provisions of Section 1709.07 can be adequately met. The plans and specifications 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 equipment is to be conducted.
(6) General layout of fixtures and other equipment.
(7) Building materials to be used.
(8) Schedule of equipment with model number.
(c) All new equipment used in a food establishment shall be of a type approved by the Board of Health. All such equipment shall be of such material and so constructed and installed as to readily conform with Section 1709.10.
(Res. 94. Passed 6-29-88.)
(a) Approved Source.
(1) Food shall be obtained from sources that comply with all laws, regulations and ordinances relating to food and food products.
(2) The use of food in hermetically sealed containers that were not prepared in a food processing establishment is prohibited.
(3) Milk and milk products used or served shall be pastuerized and meet the standards promulgated under Ohio R.C. 3707.372 and be from sources licensed under Ohio R.C. 3707.374. Dry milk and dry milk products shall be made from pasteurized milk and milk products.
(4) Only clean, whole eggs, with shell intact and without cracks for checks, or pasteurized liquid, frozen, or dry eggs or pasteurized dry egg products shall be used or sold; except that hard-boiled, peeled eggs, commercially prepared and packaged eggs may be used.
(5) Only government inspected meat shall be used or sold in a food establishment operation.
(b) Wholesome and Properly Labeled Food.
(1) Food shall be in sound condition, free from spoilage, filth or other contamination, and shall be safe for human consumption.
(2) All oysters, clams and mussels shall be packaged in nonreturnable packages identified with the name and address of the original processor or packer. All oysters, clams and mussels, if shucked, shall be kept in the original containers in which they were received until they are used.
(3) Unless its identity is unmistakable, bulk food such as cooking oil, syrup, salt, sugar or flour not stored in the product container or package in which it was obtained, shall be stored in an approved container identifying the food by common name.
(4) Samples of food and other substances may be taken and examined by the Health Commissioner as often as necessary for the detection of unwholesomeness. The Health Commissioner may retain any food for such time as is reasonably necessary for investigation and analysis when he has reason to believe it is unwholesome. The Health Commissioner may issue orders to forbid the sale of, or cause to be removed or destroyed, any food which is unwholesome, or may otherwise issue such orders as are necessary to protect the public health and to prevent the sale or serving of unwholesome food by a food establishment operation; provided, however, no food shall be destroyed or ordered destroyed before a reasonable opportunity is provided to the operator of the food establishment operation for a hearing before the Board of Health. The Board of Health may affirm, revoke or modify the order of the Health Commissioner.
(Res. 94. Passed 6-29-88.)
Loading...