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Warren Overview
Warren, OH Codified Ordinances
CODIFIED ORDINANCES OF THE CITY OF WARREN, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
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   1709.04 LICENSE APPLICATION, DISPLAY AND INSPECTION.
   (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.)
   1709.05 LICENSE REVOCATION OR SUSPENSION.
   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.)
   1709.06 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 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.)
   1709.07 FOOD.
   (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.)
   1709.08 FOOD PROTECTION.
   (a)   Potentially Hazardous Food; Temperature Requirements.
(1)   Potentially hazardous foods shall be kept at an internal temperature of forty-five degrees Fahrenheit (7.2 degrees Centigrade) or below, or at an internal temperature of 140 degrees Fahrenheit (sixty degrees Centigrade) or above during storage, display and transportation.
(2)   Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food to a temperature of at least 140 degrees Fahrenheit (sixty degrees Centigrade).
(3)   Foods shall be rapidly cooled to an internal temperature of forty- five degrees Fahrenheit (7.2 degrees Centigrade) utilizing such methods as shallow pans, agitation, quick chilling or water circulation external to the food container so that the cooling period shall not exceed four hours.
(4)   Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to 165 degrees Fahrenheit (73.8 degrees Centigrade) or higher throughout before being placed in a hot food storage facility. Steam tables, bainmaries, warmers and similar hot food holding facilities are prohibited for the rapid reheating of potentially hazardous foods.
(5)   Ice intended for human consumption shall not be used as a medium for cooling stored food, food containers or food utensils; except that such ice may be used for cooling tubes conveying beverages or beverage ingredients to a dispenser head.
   (b)   Facilities for Hot and Cold Storage. Adequate and conveniently located refrigeration facilities or effectively insulated facilities shall be provided to assure maintenance of potentially hazardous foods at the required temperature during storage, transportation, display and serving.
   (c)   Thermometers.
(1)   Each refrigerated facility, excluding freezers, storing potentially hazardous food, shall be provided with a numerically scaled indicating thermometer, accurate to +3 degrees Fahrenheit (+1.7 degrees Centigrade), located to measure the air temperature in the warmest part of the facility and located to be easily readable. Recording thermometers, accurate to +3 degrees Fahrenheit (+1.7 degrees Centigrade), may be used in lieu of indicating thermometers.
(2)   Each hot food facility storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer, accurate to +3 degrees Fahrenheit (+1.7 degrees Centigrade), located to measure the air in the coolest part of the facility and located to be easily readable. Recording thermometers, accurate to +3 degrees Fahrenheit, (+1.7 degrees Centigrade), may be used in lieu of indicating thermometers. Where it is impractical to install thermometers on equipment such as bainmaries, steam tables, steam kettles, heat lamps, calrod units or insulated food transport carriers, an indicating thermometer shall be available and used to check internal food temperature.
(3)   Metal stem-type numerically scaled indicating thermometers, accurate to +2 degrees Fahrenheit (+1.1 degrees Centigrade), shall be provided and used to assure the attainment and maintenance of proper internal cooking, holding or refrigeration temperature of all potentially hazardous foods.
   (d)   Thawing of Foods. Potentially hazardous foods shall be thawed:
(1)   In refrigerated units at a temperature not to exceed forty-five degrees Fahrenheit (7.2 degrees Centigrade); or
(2)   Under potable running water of a temperature of seventy degrees Fahrenheit (21.1 degrees Centigrade) or below, with sufficient water velocity to agitate and float off loose particles into the overflow; or
(3)   In a microwave oven, only when the food will be immediately transferred to conventional cooking facilities as part of a continuing cooking process, or when the entire uninterrupted cooking process takes place in the microwave oven; or
(4)   As a part of the conventional cooking process.
   (e)   Storage, Preparation, Display and Transportation.
(1)   At all times, including while being stored, prepared, displayed or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flood-drainage, and overhead leakage or overhead dripping from condensation.
(2)   Food, whether raw or prepared, if removed from the container or package in which it was obtained, shall be stored in a clean, covered, approved container except during necessary periods of preparation or service. Container covers shall be impervious and non-absorbent. Solid cuts of meat shall be protected by being covered in storage; except that primal cuts, quarters or sides of meat may be hung uncovered on clean, sanitized hooks if no food product is stored beneath the meat.
(3)   Containers of food shall be stored a minimum of six inches above the floor in a manner that protects the food from splash and other contamination, and that permits easy cleaning of the storage area; except that containers may be stored on dollies, racks or pallets provided such equipment is easily movable.
(4)   Food and containers of food shall not be stored under exposed or unprotected sewer lines or water lines, except for automatic fire protection sprinkler heats that may be required by law. The storage of food in toilet rooms or vestibules is prohibited.
(5)   Packaged food shall not be stored in contact with water or undrained ice.
(6)   Reconstituted dry milk and milk products may be used in instant desserts and whipped products for baking purposes.
   (f)   Handling of Meat, Cheese and Deli Food Products.
(1)   Food shall be prepared with the least possible manual contact, with suitable utensils and on surfaces that prior to use have been cleaned, rinsed and sanitized to prevent cross-contamination.
(2)   Employees shall use scoops, tongs or other ice-dispensing utensils when handling ice for consumption.
   (g)   Storage of Dispensing Utensils.
(1)   Between uses during service, dispensing utensils shall be:
A.   Stored in the food with the dispensing utensil handle extended out of the food; or
B.   Stored clean and dry; or
C.   Stored in running water.
(2)   Ice-dispensing utensils shall be stored on a clean surface or in the ice with the dispensing utensil's handle extended out of the ice. Between uses, ice transfer receptacles shall be stored in a way that protects them from contamination.
         (Res. 94. Passed 6-29-88.)
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