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(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.)
(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.)
(a) Employee Health.
(1) No person, while infected with a disease in a communicable form that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, or while afflicted with a boil, an infected wound or an acute respiratory infection, shall work in a food establishment operation in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces with pathogenic organisms or transmitting disease to other persons.
(2) When the Health Commissioner has reasonable cause to suspect possible disease transmission by an employee of a food establishment operation, he/she may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The Health Commissioner may issue an order requiring any or all of the following measures:
A. The immediate exclusion of the employee from employment in food establishment operations;
B. Restriction of the employee's services to some area of the operation where there would be no danger of transmitting disease;
C. Adequate medical and laboratory examination of the employee and of other employees, and of the body discharges;
D. The immediate suspension of the license of a food establishment operation until, in the opinion of the Health Commissioner, no further danger of disease outbreak exists; provided, however, the operation of a food establishment operation shall not be suspended unless an opportunity is provided to the operator of the food establishment operation for a hearing before the Board of Health at the earliest reasonable time. The Board of Health may affirm, revoke or modify the order of the Health Commissioner suspending the operation of the food establishment operation.
(b) Personal Cleanliness and Employee Practices.
(1) Employees that work in meat, bakery and deli departments shall be properly instructed to thoroughly wash their hands and the exposed portions of their arms with soap and warm water before starting work, during work as often as is necessary to keep them clean, and after smoking, eating, drinking or using the restroom facilities. Employees shall keep their fingernails clean and trimmed.
(2) Employees shall not use tobacco in any form while engaged in food preparation, nor while in areas used for equipment or utensil washing or for food preparation. Employees shall use tobacco only in designated areas. An employee tobacco use area shall not be designated for that purpose if the use of tobacco therein may result in contamination of food, equipment, utensils or other items needing protection.
(3) Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods in the food preparation and handling operation.
(c) Clothing and Hair Restraints.
(1) The outer clothing of all employees shall be clean. All employees shall be neat and clean at all times. Employees working in deli, bakery and meat departments shall use effective hair restraints to prevent contamination of food or food contact surfaces.
(2) Beards and moustaches shall be neatly trimmed. There shall be no undue handling of hair. Hair shall not come into contact with food or food contact surfaces.
(Res. 94. Passed 6-29-88.)
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