HomeMy WebLinkAboutORD 85-57 ^ ^
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RETAIL FOOD STORE SANITATION ORDINANCE
ORDINANCE NO.
ENTITLED AM ORDINANCE ENACTING A NEW RETAIL FOOD STORE
SANITATION CODE, INCLUDING REGULATIONS, DEFINITIONS, FEES,
AND REQUIREMENTS; PROVIDING FOR SEVERA8ILITY; PROVIDING FOR
REPEAL AND PRQVIDING 'A PENALTY'
BE IT ORDAINED BY THE CITY OF BEAUMOmT
Section 1
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Chapter 11 Section 11-4 code of ordinances of the City of Beaumont is
hereby amended to add new sub—Sections 11-4b ( 19) tkru (22) to read as follows:
Section 11-4b ( 19) Retail food stores with zero (0) to two (2) check out
counters ' ' . . ' ' $75. 00.
Section 11-4U (20) Retail food stores with three (3) to five ( 5) check
out counters . . . . . . $1OO. 00.
Section 11-4b (21 ) Retail food stores with six (6) to nine (9) check out
counters ' . . . . . $125. 00.
Section 11-4b (22) Retail food stores with ten ( 10) and over check out
counters ' . ' . . . $150. 00.
Section 11-4(d ) Retail food stores that have an existing City licensed
food service facility shall pay a license fee which is fifty (50) per cent of
the fees established above in section 11-4(b ) 19 through 11-4(b ) 22.
Section 2
Sections 11—?O through 11-109 are reserved for use in Article IV.
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Chapter 11 of the code of ordinances of the City of Beaumont is hereby
amended to add a new Article V to read as follows:
Article v
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Retail Food Store Sanitation Code
11-110 purpose. The function of this oruinance Is to protect the public
health by establishing uniform requirements for retail food store operations.
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11-111 Definitions. The following words and terms when used in this ordinance
shall have the following meanings unless the context clearly indicates otherwise
(a) "Adulterated Food" A food shall be deemed to be adulterated:
— if it bears or contains any poisonous or deleterious substance which may
render it injurious to health; but in case the substance is not an added
substance, such food shall not be considered adulterated under this clause; or
— if the quantity of such substance in such food does not ordinarily
render it injurious to healthi—or
— if it bears or contains any added poisonous or added deleterious substance
( except a pesticide chemical in or on a raw agricultural commodity and except
a food additive) which is unsafe within the meaning of Section 13 of Article
4476-5 of the Civil Statutes of the State of Texas; or
— if it is a raw agricultural commodity and it bears or contains a pesticide
chemical which is unsafe within the meaning of Section 13 of Article 4476-5
of the Civil Statutes of the State of Texas; or
if it is, or it bears or contains, any food additive which is unsafe within
the meaning of Section 13 of Article 4476-5 of the Civil Statutes of the
State of Texas; provided, that where a pesticide chemical has been used in or
on a raw agricultural commodity in conformity with an exemption granted or a
tolerance prescribed under Section 13 of Article 4476-5 of the Civil Statutes
of the State of Texas and such raw agricultural commodity has been subjected
to processing such as canning, cooking, freezing, dehydrating, or milling the
residue of such pesticide chemical remaining in or on such processed food
shall, notwithstanding the provisions of said Section 13 and this clause not
to be deemed unsafe if such residue in or on the raw agricultural commodity
has been removed to the extent possible in good manufacturing practice, and
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the concentration of such residue 'in tie processed food, when ready to,' eat,' is
not greater than the tolerance prescribed for the raw agricultural commodity; OT
— if it consists in whole or in part of a diseased, contaminated, filthy,
putrid or decomposed substance, or if it is otherwise unfit for foods; or
—if it has been produced, prepared, packed or held under unsanitary conditions
whereby it may have become contaminated, or whereby it may have been rendered
injurious to health; or
if it is the product of a diseased animal or an animal which has died
otherwise than slaughtered, or—that has been fed upon the uncooked offal from
a slaughterhouse; or
—if its container is composed, in whole or in part, of any poisonous or
deleterious substance which may render the contents injurious to health; or
if any valuable constituent has been in whole or in part omitted or
abstracted therefrom; or
—if any substance has been substituted wholly or in part for any valuable
constituent; or
— if damage or inferiority has been concealed in any manner; or
— if any substance has been added thereto or mixed or packed therewith so as
to increase its bulk or weight, or reduce its quality or strength or make it
appear better or of greater value than it is; or
if it contains saccharin, dulcin, glucin, or other sugar substitutes except
in dietary foods, and when so used shall be declared; or
if it be fresh meat and it contains any chemical substance containing
sulphites, sulphur dioxide, or any other chemical preservation which is not
approved by the United States Bureau of Animal Industry or the state
commissioner of health; or
— if it is confectionery and it bears or contains any alcohol or non-
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nutritive article or substance excep`t 'harmless coloring, harmless flavoring,
harmless resinous glaze not in excess of four—tenths of one per centum,
harmless natural gum, and pectin; provided, that this paragraph shall not
apply to any confectionery by reason of its containing less than one—half of
one per centum by volume of alcohol derived solely from the use of flavoring
extracts, or to any chewing gum by reason of its containing harmless non-
nutritive masticatory substances; or
— if it bears or contains a coal—tar color other than one certified under
authority of the Federal Act.
(b ) "Approved" means acceptable to the regulatoru authority based on
his/her determination as to conformance with appropriate standards and good
public health practice.
( c ) "Bulk food " means unpackaged or unwrapped, processed or
unprocessed food in aggregate containers from which quantities desired
by the consumer are withdrawn. For the purpose of this interpretation,
the term does not include fresh fruits, fresh vegetables, nuts in the
shell, salad bars, and potentially hazardous foods.
(d ) "Caterer" means a retail food store where food is completely or
partially prepared for delivery to a single customer, i. e. , an individual,
partnership, corporation, association, or other legal entity; and where this
food is transported to the customer at a separate location where it is meant
to be served and consumed.
(e) "Closed" means without openings large enough for the entrance of
insects or other vermin.
( f) "Corrosion—resistant materials" means those materials that maintain
acceptable sanitary surface characteristics under prolonged influence of the
food to be contacted, the normal use of cleaning compounds and bactericidal
solution and other conditions—of—the—use environment.
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(g ) "Display area" means a location or locations, including physical
facilities and equipment, where bulk food is offered for customer self—service.
(h ) Easily cleanable" means that surfaces are readily accessible and
made of such materials and finish and so fabricated that residue may be
effectively removed by normal cleaning methods.
( i ) "Employee" means the permit holder, individual having supervisory
or management duties, person on the payroll, family member, volunteer,' person
performing work under contractual agreement, or any other person working in a
food store.
( J ) "Equipment" means items other than utensils used in the storage,
preparation, display, and transportation of food such as stoves, ovens,
ranges, hoods, slicers, grinders, mixers, scales, meat blocks, tables, food
shelving, reach—in refrigerators and freezers, sinks, ice makers, steam
tables, and similar items used in the operation of a retail food store.
This item does riot include fork lift trucks or dollies.
( k ) "Filth " means dust, dirt, insect excretions or secretions, insect
body parts, rodent hairs or excretions, feathers, or any foreign or injurious
contamination.
( 1 ) "Food" means any raw, cooked, or processed edible substance, ice,
beverage or ingredient used or intended for use or for sale in whole or in
part for human consumption.
(m) "Food—contact surface" means those surfaces of equipment and utensils
with which food normally comes into contact, and those surfaces from which food
may drain, drip, or splash back onto surfaces normally in contact with food.
(n ) "Food service establishment" means any place where food is prepared
for or served to the public, specifically including, but not limited to,
public or private institutions which serve food to their residents, members,
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patients, or customers. The term includes any such place regardless, of
whether consumption is on or off the premises and regardless of whether there
is a charge for the food. This shall not include non—profit organizations
which are preparing and/or serving only baked goods which are not potentially
hazardous; e. g. , non cream—filled cakes, cookies, etc. This term also does
nat include private homes where food is prepared or served for Individual
-Pamily or guest consumption, the location of food vending machines, retail food
stores and supply vehicles. The term also does not include the location where
food is served and has been prepared by a catering operation which is licensed
by the City of Beaumont.
(o) "Garbage" means every accumulation of animal, vegetable and other
waste matter that attends the preparation, Handling, consumption, storage, or
decay of plant and animal matter, including meats, fish and seafoods, birds,
fruit, vegetable or dairy products and the waste wrappers or containers thereof.
(p ) "Hermetically sealed container" means a container designed and
intended to be secure against the entry of microorganisms and to maintain the
commercial sterility of its contents after processing.
(q) "Law" includes applicable Federal, State, and local statutes,
ordinances, and regulations.
I. (r) "Misbranded" means the presence of any written, printed, or graphic
,natter upon or aLcompanying food, or containers of food, including signs or
placards displayed in relation to such products, which is false or ;misleading
or which violates any applicable federal, state or local labeling requirements.
( s) "Packaged" means bottled, canned, car toned, bagged, or securely
wrapped.
(t) "Permit" means the document issued by the regulatory authority
which authorizes a person to operate a retail food store.
(u) "Person" includes any individual, partnership, corporation,
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association, trustee, or other legal e-htity.
(v) "Person in charge" means the individual present in a retail food
store who is the apparent supervisor of the retail food store at the tlj- e of
inspection. If no individual is the apparent supervisor, then any employee
present is the person in charge.
(w) "Potable water" means hater from an approved source which has been
determined by the regulatory authority after appropriate testing as suitable
For human consumption.
( x ) "Potentially hazardous food " means any food that consists in whole
or in part of milk or milk products, eggs, meat, poultry, fish, shellfish,
edible crustacea, or other ingredients including synthetic ingredients, in a
form capable of supporting rapid and progressive growth of infectious or
toxigenic microorganisms. The term does not include clean, whole, untracked,
odor—free shell eggs or foods which have a pH level of 4. 5 or below or a water
activity (Aw) value of O. X35 or less; food products in hermetically sealed
containers processed to prevent spoilage.
(y ) "Product module" means a food—contact conta'Iner (multi—use or
single—service) designed for customer self—service of bulk food by either
direct or indirect means.
( z ) "Refuse" means all putrescible and non—putrescible solid and
semi—solid wastes, including garbage, rubbish, and ashes.
(aa) "Regulatory authority" means the Mate 's and/or the City of
Beaumont 's Health Department.
(bb ) "Retail food store" means any establishment or section of an
establishment where food and food products are offered to the consumer and
intended for off—premise consumption. The term includes delicatessens that
offer prepared food in bulk quantities only. The term does not include
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establishments which handle only prepackaged, non—potantislly hazard us foods;
roadside markets that offer only fresh fruits and fresh vegetables for sale;
food service establishments; or food and beverage vending machines.
(cc ) "Safe materials" means articles manufactured from or composed of
materials that may not reasonably be expected to result,. uirectly or indirectly,
in their becoming a component or otherwise affecting the characteristics of any
food. If materials are food additives or color additives as defined in Section
201 ( s) or (t) of the Federal Food, Drug, and Cosmetic Act as used, they are
"safe" only if they are used in conformity with regulations established
pursuant to Section 409 or Section 706 of that Act. Other materials are "safe"
only if they are riot food additives or color additives as defined in Section
201 ( s) or ( t) of the Federal Food, Drug, and Cosmetic Act, as used, and are
used in conformity with all applicable regulations of the Food and Drug
Administration.
(dd ) "Sanitization" means effective bactericidal treatment by a process
that provides enough accumulative heat or concentration of chemicals for
enough time to reduce the bacterial count, including pathogens, to a safe
level on cleaned food contact surfaces of utensils and equipment.
(ee) "Sealed" means free of cracks or other openings that permit the
entry or passage of moisture.
( ff) "Servicing area" means a designated location or locations equipped
for cleaning, sanitizing, drying or refilling product modules, or for preparing
bulgy: food.
( gg ) "Single—service articles" means items used by the retailer or
consumer such as cups, containers, lids, and packaging materials, including
bags and similar articles, intended for contact with food, and designed for
one—time use. The term does not include "single use" articles such as number
10 cans, aluminum pie pans, bread wrappers, and similar articles into which
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food has been packaged by the manufacturer.
(hh ) "Transportation" (transported ) means movement of food within the
retail food store or delivery of food from that retail food store to another
place while under the control of the person in charge.
( ii ) "Utensil - means any food contact implement used in the storage,
preparation, transportation, or dispensing of food.
( d1 ) "Warewashing" means the cleaning and sanitizing of food—contact
surfaces of equipment and utensils.
( kk ) "Wholesome" means in sound condition, clean, =ree from adulteration,
and otherwise suitable for use as human food.
11-112 Food Supplies, General.
(a) Food =.hall be in sound condition and safe for human consumption.
Food shall be obtained from sources that comply with the applicable laws relatin
to food safety. Food prepared in a home shall not be used or offered for sale.
(b ) Bulk, food product modules shall be labeled with either:
( 1 ) The manufacturer 's or processor 's bulk container labeling
plainly in view; or
(2) A counter card, sign or other appropriate device bearinq .
prominently and conspicuously the common name of the product, a list of
ingredients in proper order of predominance and declaration of artificial
color or flavor and chemical preservatives if contained in the product.
11-113 Special Requirements.
(a) Fluid milk and fluid milk products used or offered for sale shall be
pasteurized and shall meet the Grade "A" quality standards as established by
law. Dry milk and milk products used or offered for sale shall be made from
Pasteurized mill; and milk products.
ib ) Fresh and frozen shucked shellfish ( oysters, cl�:ms, or mussels)
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shall be packed in nonreturnable packages identified with the name a.nd address
of the original shell stock processor, shucker—packer, or repacker, and the
State certification number issued according to law. Shell stock and shucked
shellfish shall be kept in the container in which they were received until
they are used or sold.
(c ) Each original container of unshucked shell stock (oysters, clams, or
mussels) shall be identified by an attached tag, to be retained for a period
of ninety (90) days, that states the name and address of the original shell
stock processor, the kind and quantity of shell stock, and the certification
number issued by the State or foreign shellfish control agency, where applicable
(d ) Only clean shell eggs, meeting applicable grade standards or
pasteurized liquid, frozen, or dry eggs or pasteurized dry egg products shall
be used or offered for sale.
(e) Only ice which has been manufactured from potable water and handled
in a sanitary manner shall be used or offered for sale. Ice offered for sale
shall be packaged and properly labeled.
11-114 Food Protection, General.
(a ) At all times, including while being stored, prepared, displayed,
dispensed, packaged, or transported, food shall be protected from
cross—contamination between foods and from potential contamination by insects,
insecticides, rodents, rodenticides, probe—type price or probe—type
identification tags, unclean equipment and utensils, unnecessary handling,
flooding, draining, and overhead leakage or condensation, or other agents of
public health significance. The temperature of potentially hazardous foods
shall be 45 degrees Fahrenheit (7 degrees Centigrade) or below or 140 degrees
Fahrenheit (60 degrees Centigrade) or above, at all times, except as otherwise
provided in this ordinance. Hermetically sealed packages shall be handled so
as to maintain product and container intecrity. Food items that are spoiled
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or that are in damaged containers that 'may affect the product and those fooNd
items that have been returned to, or are being detained by, the retail food
store because of spoilage, container damage, or other Public health
considerations, shall be segregated and held in designated areas pending
proper disposition unless disposed of under the supervision of the regulatory
authority.
(b ) Bulk foods and product modules shall be protected from contamination
during display, customer self—service, refilling and storage.
(c ) Only containers provjded by the store in the display area shall be
filled with bulk foods.
(d ) Bulk food returned to the store by the customer shall not be offered
for resale.
(e) Containers of bulk pet foods and bulk non—food items shall be
separated by a barrier or open space from product modules.
11-115 Emergency Occurrences.
The person in charge of a retail food store that is affected by a fire,
flood, extended power outage, or a similar significant occurrence that creates
a reasonable probability that food in the retail food store may have been
contaminated or that the temperature level of food which is in a potentially
hazardous form may have caused that food to have become hazardous to health,
shall take such action as is necessary to protect the public health and shall
promptly notify the regulatory authority of the emergency.
1;1-116 Food Storage, General.
(a) Food packaged in an immediate closed container, once the container
is opened in the retail food store prior to use or retail sale, shall be kept
covered. Food, whether raw or prepared, if removed from 'the immediate closed
container in which it was originally packaged prior to use or retail sale,
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shall be stored in a clean, covered cdntaifier, except during necessary periods
of preparation. Whole and unprocessed fresh raw vegetables and fresh raist .
fruits shall be exempted from this requirement. Container covers shall be
impervious and nonabsorbent. During periods of storage, subprimal cuts of
meat shall be covered with single—service wrapping material. Primal cuts,
quarters or sides of meat, or processed meats such as country hams, slab
bacon, and smoked or cured sausages, may be hung uncovered on clean, sanitized
hooks or placed on clean, sanitized metal racks in such a manner as to
preclude contamination of any food products in storage.
(b ) Containers of food shall be stored a minimum of six (6) inches above
the floor or stored on dollies, skids, racks, or open—ended pallets, provided
such equipment is easily movable, either by hand or with the use of pallet—
moving equipment that is on the premises and used. Such storage areas :hall
be kept clean. Cased food packaged in cans, glass, or other waterproof
containers need not be elevated when the case of food is not exposed to floor
moisture and the storage area is kept clean.
tc ) Food and containers of food shall not be stored under exposed or
unprotected sewer lines, or water lines that are leaking or on which condensed
water has accumulated.
(d ) Packaged foods shall not be stored in contact with water or
undrained ice.
( e) A food ingredient, such as flour, sugar, salt, baking powder,
cooking oil or vinegar, that is not stored in the original package and is not
readily identifiable on sight, shall be stored in a container identifying it
by common name.
(f) Labels or marking pens shall be available to customers to identify
their take—home containers with the common name of the product unless the
product is readily identifiable on sight.
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(g ) Toilet rooms and their vestibules, and garbage or mechanical" room's
shall not be used for the storage of food.
11-117 Refrigerated/Frozen Storage.
(a) Refrigeration units or effectively insulated units shall be provided
in such number and of such capacity to assure the maintenance of potentially
hazardous food at required temperatures during storage. Each mechanically
refrigerated unit storing potentially hazardous food shall be provided with a
numerically scaled indicating thermometer, accurate to plus or sminus 3 degrees
Fahrenheit (plus or minus 1 degree Centigrade). The sensing element shall be
located to measure the air temperature in the unit at a location that is
representative of the air temperature in the unit. The thermometer scale
shall be located to be easily readable. Recording thermometers, accurate to
plus or minus 3 degrees Fahrenheit (plus or minus 1 degree Centigrade ) Tray be
used in lieu of indicating thermometers.
(b ) Potentially hazardous food requiring refrigeration after preparation
Shall be rapidly cooled to an internal temperature of 45 degrees Fahrenheit (7
degrees Centigrade) or below. Potentially hazardous 'foods of large volume or
prepared in large quantities shall be rapidly cooled 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 (4) hours.
Potentially hazardous food to be transported shall be pre—chilled and held at
a temperature of 45 degrees Fahrenheit (7 degrees Centigrade) or below unless
maintained in accordance with the hot storage requirements of this ordinance.
(c ) Potentially hazardous frozen foods shall be kept frozen and should
be stored at an air temperature of O degree Fahrenheit (-18 degrees Centigrade)
or below except for defrost cycles and brief periods of loading or unloading.
( d ) Ice used as a cooling medium for food storage shall not be used or
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sold for human consumption.
11-115 Hot Storage.
(a) Hot food storage units shall be provided in such number and of such
capacity to assure the maintenance of potentially hazardous food at the
required temperature during storage. Each hot food storage unit storing
potentially hazardous food shall be provided with a numerically scaled
indicating thermometer, accurate to plus or minus 3 degrees Fahrenheit ( plus
or minus 1 degree Centigrade). The sensing element shall be located to
measure the air temperature in the unit at a location that is representative
of the temperature in the unit— thermometer scale shall be located to be
easily readable. Recording thermometers accurate to plus or minus 3 degrees
Fahrenheit (plus or minus 1 degree Centigrade) may be used in lieu of
indicating thermometers. Where it is impractical to install thermometers on
equipment such as heat lamps, calrod units, or insulated rood transport
carriers, a food product thermometer shall be available and used to check
internal food temperature.
( b ) The. internal temperature of potentially hazardous foods requiring
hot storage shall be 140 degrees Fahrenheit (60 degrees Centigrade ) or above,
except during necessary periods of preparation. Potentially hazardous rood to
be transported shall be held at a temperature of 140 degrees Fahrenheit (60
degrees Centigrade) or above unless maintained in accordance with the
refrigerated storage requirements of this ordinance.
11-119 Food Preparation, General.
(a) Food shall be prepared with a minimum of manual contact. Food shall
be prepared on food—contact surfaces and with utensils which are clean and
have been sanitized.
(b ) Each time there is a change in processing between raw beef, raw
pork, raw poultry or raw seafood, or a change in processing from raw to
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ready—to—eat foods, each new operation 'shall begin with food—contact surfaces
and utensils which are clean and have been sanitized. Salads and other
ready—to—eat foods should be prepared in separate rooms or In areas that are
separated by a barrier or open space from areas used for processing
potentially hazardous raw products.
(c ) Potentially hazardous foods that are in a form to be consumed
without further cooking such as salads, sandwiches, and filled pastry products
shall be prepared from chilled products.
11-120 Raw Fruits and Raw Vegetables.
Raw fruits and raw vegetables that will be cut or combined with other
ingredients or will be otherwise processed into food products by the retail
food store shall be thoroughly cleaned with potable water before being used.
11-121 Cooking Potentially Hazardous Foods.
(a) Potentially Hazardous foods being processed within the retail food
store by cooking shall be cooked to heat all parts of the food to a
temperature of at least 140 degrees Fahrenheit (60 degrees Centigrade), except
that:
( 1 ) Paultry, poultry stuffings, stuffed meats, and stuffings
containing meat, shall be cooked to heat all parts of the food to at least 165
degrees Fahrenheit (74 degrees Centigrade) with no interruption of the cooking
process.
(2) Pork and pork products shall be cooked to heat all parts of the
food to at least 150 degrees Fahrenheit (66 degrees Centigrade) , or, if cooked
in a microwave oven, to a least 170 degrees Fahrenheit (77 degrees Centigrade),
(3) When beef roasts under ten ( 10) pounds in weight are cooked in a
a still dry heat oven, the oven shall be preheated to and held at an air
temperature of at least 350 degrees Fahrenheit ( 177 degrees Centigrade)
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throughout the process. If cooked in `a cor'svection oven, the oven shall be
Preheated to and held at an air temperature of at least 325 degrees Fahrenheit
( 163 degrees Centigrade) throughout the process.
(b ) When beef roasts of ten ( 10) pounds or over in weight are cooked in
a dry heat oven, the oven shall be preheated to and held at an air temperature
of at least 250 degrees Fahrenheit ( 122 degrees Centigrade) throughout the
process.
(c ) Further, in order to meet public health requirements for the
processes cited above, the following table lists the minimum internal
temperature of the beef roast for the minimum time the roast needs to be held
at such temperature.
Minimum Holding Times for Beef Roasts
at Various Internal Temperatures
Minimum Internal Minimum Holding Minimum Internal Minimum Molding
Temperature Time Temperature Time
F C Minutes F C Minutes
130 54. 4 121 138
131 55. O 97 139 59. 5 15
132 55. 6 77 140 60. 0 12
133 n6. 1 62 141 60. 6 10
134 56. 7 47 142 61. 1 g
135 `f7. 2 37 143 61. 7 6 136 57. 3 32 144 62. 2 5
137 56. 4 G4
(d ) Beef roasts, if cooked in a microwave oven, shall be cooked to an
internal temperature of at least 145 degrees Fahrenheit (63 degrees
Centigrade).
11-12 Bakery Product Fillings.
(a) Custards, cream fillings, and Similar• products, including synthetic
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fillings, shall meet the temperature requirement in Section 11-117( b ) `of this
ordinance following preparation and be maintained at that temperature during
storage, transportation, and display. Products with synthetic fillings may be
excluded from this requirement if:
( 1 ) The food, including the interface between the bakery product
and its filling, has a pH level of 4. 6 or below or a water activity (Aw) value
of 0. 85 or less under standard conditions;
(2) It is handled in such a manner as to preclude contamination
with and the growth of pathogeT,ic microorganisms after Meat processing; or
(3) Other scientific evidence is on file with the regulatory
authority demonstrating that the specific product will not support the growth
of pathogenic microorganisms.
(b ) Bakery products with synthetic fillings, which meet the above
criteria, may be labeled to state that refrigeration is not required.
11-123 Reheating.
Potentially hazardous foods that have been cooked and then refrigerated
shall be reheated rapidly to an internal temperature 'of 165 degrees Fahrenheit
(74 degrees Centigrade) or higher before being placed in hot food storage
holding units. Food warmers and other hot food holding units shall not be
used for the reheating of potentially hazardous foods.
11-124 Food Product Thermometers.
Metal stem—type numerically scaled indicating thermometers, accurate to
plus or minus 2 degrees Fahrenheit (plus or minus I degree Centigrade ) shall
be provided and used to assure attainment and mainten. nce of proper temperatures
during preparation of all potentially hazardous foods.
11-125 Thawing Potentially Hazardous Foods.
Potentially hazardous foods shall be thawed:
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(a) In refrigerated units at a temperature not to exceed 45 derees
Fahrenheit (7 degrees Centigrade); or
(b ) Under potable running water at a temperature of 70 degrees
Fahrenheit (21 degrees Centigrade ) or below, with sufficient water velocity
to agitate and float off loose food particles into the overflow and for a
period not to exceed that reasonably required to thaw the food; or
(c ) In a microwave oven only when the food will be immediately
transferred to conventional cooking units as part of a continuous cooking
process or when the entire, uninterrupted cooking process takes place in the
microwave oven; or
(d ) As part of the conventional cooking process.
11-126 Food Display, General.
(a ) Food on display, other than whole, unprocessed raw fruits and
unprocessed raw vegetables, shall be protected from contamination by being
packaged, by display cases, by covered containers for self—service, or by
similar protective equipment. All food shall be displayed above the floor in
a manner that will protect the food from contamination. :-dot or cold food
units shall be provided to assure the maintenance of 50ten'tially hazardous
food at the required temperature during displace. Potentially hazardous food
shall not be provided for consumer self—service.
( b ) Bulk foods shall be dispensed only from product modules which are
protected by close fitting, individual covers. If opened by the customer, the
covers shall be self—closing and shall remain closed when not in use.
(c ) Customer access to bulk food in product modules shall be limited and
controlled to avoid the introduction of contaminants. Means considered
suitable include, but are not limited to:
( 1 ) Providing a product module depth of no more than 18 inches, and
(2) Either locating product modules with access from the top so
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that there is at least 30 inches between the access point and the floor; or,
if the product module access point is less than 30 inches off the floor;
providing access from the side or at an angle provided that when the product
module is open, the cover extends across the surface of the product and
provides overhead protection.
I1-127 Potentially Hazardous Foods, Display.
Potentially hazardous foods shall be held at an internal temperature of
45 degrees Fahrenheit (7 degrees Centigrade ) or below or at an internal
temperature of 140 degrees Fahrenheit (60 degrees Centigrade) or higher during
display, except that rare roast beef which is offered for sale hot shall be
held at a temperature of at least 130 degrees Fahrenheit ( 55 degrees
Centigrade).
11-128 Frozen Foods, Display.
Foods intended for sale in a frozen state should be displayed at an air
temperature .of 0 degree Fahrenheit (-18 degrees Centigrade) or below, except
for defrost cycles and brief periods of loading or unloading. Frozen foods
should be displayed below or behind product food lines according to cabinet
manufacturers ' specifications.
11-129 Dispensing Utensils.
(a) To avoid unnecessary manual contact with the food, suitable
dispensing utensils and single—service articles shall be used by employees.
Customers who serve themselves bulk food shall be provided suitable dispensing
utensils. Manual contact of bulk foods by the customer during dispensing
shall be prohibited.
Methods considered suitable are:
( 1 ) Mechanical dispensing devices including gravity dispensers,
pumps, extruders and augers;
19
(2) Manual dispensing utensils including to=ngs, scoops, ladles and
spatulas; and
(3) Wrapping or sacking.
(4) If the dispensing devices and utensils listed in ( 1 ) and (2) do
not prevent manual customer contact with certain bulk •foods, then these foods
must be wrapped or sacked prior to display.
( b ) Manual dispensing utensils listed in (a) (2) shall be protected
against becoming contaminated and serving as vehicles for introducing
contamination into bulk food. Means considered suitable include, but are not
limited to: '-
( 1 ) Using a tether which is constructed of easily cleanable
material, is of such length that the utensil cannot contact the floor, and is
designed to prevent interference with the requirement for close fitting
covers, and
(2) Storing the utensil in a sleeve or protective housing attached
or adjacent to the display unit when not in use, or utilizing a utensil so that
the handle cannot contact the product if left in the product :module.
(3) Stored in the food with the dispensing utensil handle extended
out of the food. Handles shall not prevent lids from being self—closing.
(4) Stored in running potable water.
11-130 Food Sample Demonstrations and Food Promotions.
When food sample demonstrations and food promotions are authorized in the
retail food store, the person in charge shall ensure that such activities
comply with the applicable sanitation provisions of this ordinance.
11-131 Food Transportation By The Retail Food Store, General.
Food, other than hanging primal cuts, quarters, or sides Of meat, and raw
fruits and raw vegetables, shall be protected from contamination by use of
packaging or covered containers while being transported. All food being
20
transported shall meet the applicable requirements of this ordinance relating
to food protection and food storage. Foods packaged in immediate closed
containers do not need to be over-wrapped or covered if the immediate clot-zed
containers have not been opened, tarn, or broken.
11-133 Employee ?-health, General.
No employee, 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 affected with a boil, an infected wound, or an acute
respiratory infection, shall Uork in a retail food store 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.
11-133 Personal Cleanliness, General.
Employees engaged in food preparation and warewashing operations shall
thoroughly wash their hands and the exposed portions of their arms with soap
or detergent and warm water before starting work; after smoking, eating, or
using the toilet; before and after handling raw meat, or raw poultry, or raw
seafood; and as often as is necessary during work to Peep them clean.
Employees shall keep their fingernails trimmed and clean.
11-134 Clothing, General.
(a) Employees shall wear clean outer clothing.
(b ) Employees shall use effective hair restraints where necessary to
prevent the contamination of food or food—contact surfaces.
11-135 Employee Practices, General.
(a) Employees shall maintain a high degree of personal cleanliness and
shall conform to good hygienic practices during all working periods.
(b ) Employees shall consume food, beverages or use tobacco only in
designated areas. Such designated areas must be located so that the eating or
21
i
tobacco use of an employee does not result ' in contamination of food, , equipment,
or utensils.
11-136 Equipment and Utensils Materials, General.
(a) Multi—use equipment and utensils shall be constructed and repaired
with safe materials, including finishing materials; shall be corrosion
resistant and shall be nonabsorbent; and shall be smooth, easily cleanable,
and durable under conditions of normal use. Single—service articles shall be
made from clean, sanitary, safe materials. Equipment, utensils, and
single—service articles shall not impart odors, color, taste, nor contribute
to the contamination of food. —
(b ) Product modules and utensils shall be constructed of safe materials;
and shall be corrosion resistant, nonabsorbent, smooth, easily cleanable and
durable under conditions of normal use.
11-137 Solder.
If solder is used, it shall be composed of safe materials and to
corrosion resistant.
11-138 Wood.
Hard maple or equivalent nonabsorbent wood that meets the general
requirements set forth in Section 11-136 of this ordinance may be used for
cutting blocks, cutting boards, and bakers ' tables. Wood shall not be used as
a food—contact surface under other circumstances, except for contact with raw
fruits, raw vegetables, and nuts in the shell.
11-139 Plastics and Rubber Materials.
Safe plastic or safe rubber or safe rubber—like materials that are
resistant under normal conditions of use to scratching, scoring,
decomposition, crazing, chipping, and distortion, that are of sufficient
weight and thickness to permit cleaning and sanitizing by normal warewashing
methods, and which meet the general requirements set forth in Section 11-136
22 n
of this ordinance, are permitted for repeated use.
11-140 Cutting Surfaces.
Cutting surfaces subject to scratching and scoring must be resurfaced so
as to be easily cleaned, or be discarded when these surfaces can no longer be
effectively cleaned and sanitized.
11-141 Single—Service Articles.
Single—service articles shall not be reused.
11-142 Design and Fabrication, General.
All equipment and utensil, including plastic—ware, shall be designed and
fabricated for durability under conditions of normal use and shall be resistant
to denting, buckling, pitting, chipping, and crazing.
(a) Food—contact surfaces shall be easily cleanable, smooth, and free of
breaks, open seams, cracks, chips, pits, and similar imperfections, and free
of difficult—to—clean internal corners and crevices. Cast iron may be used as
a food—contact surface only if the surface is used for cooking. Threads shall
be designed to facilitate cleaning; ordinary "V" type threads are prohibited
in food—contact surfaces, except that in equipment such as ice makers, hot oil
cooking equipment, or hot oil filtering systems, such threads shall be
minimized.
(b ) Product modules, lids, dispensing units and utensils shall be
designed and fabricated to meet the requirements for food—contact surfaces
(c ) Equipment containing bearings and gears requiring lubricants not
made of safe materials shall be designed and constructed so that the lubricant
cannot leak, drip, or be forced into food or onto food—contact surfaces.
Equipment designed to receive lubrication of bearings and gears on or within
food—contact surfaces shall be lubricated with materials meeting the
requirements of 21 CFR 178. 3570, Cade of Federal Regulations, Title 211 parts
23
170 t o 1 s39.
( d ) Sinks and drain boards shall be sloped to drain and be
self—draining.
11-143 Accessibility, General.
Unless designed for in—place cleaning, food—contact surfaces shall be
accessible for cleaning and inspection:
(a) Without being disassembled; or
(b ) By disassembling without the use of tools: or
(c ) By easy disassembling with the use of only simple tools, such
as mallets, screwdrivers, or open—end wrenches which are kept near the
equipment.
( d ) Individual product modules shall be designed to be easily removable
from the display unit for servicing unless the modules are so designed and
fabricated that they can be effectively cleaned (and sanitized when necessary )
through a manual in—place cleaning procedure that will not contaminate or
otherwise adversely affect bulk food or equipment in the adjoining display
area.
11-144 Cleaned in Place (CT_P).
Equipment designed and constructed for CIP shall meet requirements
equivalent to those contained in Section 4-203 of the FICA Food Service
Sanitation Ordinance.
11-145 Food Product Thermometers.
Indicating thermometers required for immersion into Food or cooking media
shall be of metal stem—type construction, numerically scaled, and accurate to
plus or minus 2 degrees Fahrenheit (plus or minus 1 degree Centigrade).
11-146 Nan—Food—Contact Surfaces.
(a) Surfaces of equipment not intended for contact with food, but which
are exposed to splash or food debris or which otherwise require frequent
24
cleaning, shall be designed and fabricated to be smooth, washable, free of
unnecessary ledges, projections, or crevices, and readily accessible for
cleaning, and shall be of such material and in such repair as to be easily
maintained in a clean and sanitary condition.
. (b ) Surfaces of product module display units, tethers, and all display
equipment not intended for food—contact, but which are exposed to splash, food
debris or other soiling, shall be designed and fabricated to be smooth,
cleanable, durable under conditions of normal use and free of unnecessary;
ledges, projections or crevice.
(c ) The materials for non—food—contact surfaces shall be nonabsorbent or
made nonabsorbent by being finished and sealed with a cleanable coating.
(d ) Tethers shall be designed to be easily removable from the product
module for cleaning.
11-147 Ventilation Hoods.
Ventilation hoods and devices, where installed, shall be designed to
prevent grease or condensation from collecting on walls and ceilings, and from
dripping into food or onto food—contact surfaces. Filters or other grease
extracting equipment shall be readily removable for cleaning and replacement,
if not designed to be cleaned in place.
11-148 Maintenance of Equipment and Utensils.
All equipment and utensils shall be maintained in good repair to comply
with the requirements of this ordinance.
11-149 Equipment Installation and Location, General.
Equipment, including ice makers and ice storage equipment, shall not be
located under exposed or unprotected sewer lines, water lines that are leaking
or on which condensed water has accumulated, open stairwells, or other sources
Of contamination.
25 ^
11-150 Table--Mounted Equipment.
(a ) Table—mounted equipment shall be installed to facilitate the
cleaning of the equipment and the adjacent areas.
(b ) Equipment that is mounted on tables or counters, unless portable,
shall be sealed to the table or counter or elevated on legs to provide at
least a 4—inch clearance between 'the table or counter, except that if no part
of the table under the equipment is more than 16 inches from cleaning access,
the clearance space shall be 3 inches or more; or if no part of the table
under the equipment is more than 3 inches from cleaning access, the clearance
space shall be 2 inches or more.
(c ) Equipment is portable within the meaning of Section 11--1°0(b ) of
this ordinance if:
( 1 ) It is small and light enough to be moved easily by one person; ar
(2) It has no utility connection, has a utility connection t„at
disconnects quickly, or has a flexible utility connection line of sufficient
length to permit the equipment to be moved for easy cleaning;
(3) It is table—mounted, such as powered mixers, grinders., slicers,
tenderizers, and similar equipment, which does not exceed 80 sounds, or
which is equipped with a mechanical means of safely tilting the
unit for cleaning.
11-151 Floor—Mounted Equipment.
(a) Floor—mounted equipment, unless easily moveable, shall be:
( 1 ) Sealed to the floor; or
(2) Elevated on legs to provide at least a 6—inch clearance
be the floor and equipment, except that equipment may be elevated to
provide at least a 4—inch clearance between the floor and equipment if no part
OF the floor under the equipment is more than 6 inches from cleaning access.
(3) Display shelving units, display refrigeration units, and
26
y
display freezer units are exempt from the provisions of Section 11-351ia ) tl )
and (2) of this ordinance if they are installed so that the floor beneath the
units can be cleaned.
(b ) Equipment is easily movable if:
( 1 ) It is mounted on wheels or casters, and
(2) It has no utility connection, has a utilitLI connection that
disconnects quickly, or has a flexible utility line of sufficient length to
permit the equipment to be moved far easy cleaning.
( c ) Unless sufficient space is provided for easy cleaning between,
behind, and above each unit of fixed equipment, the space between it and
adjoining equipment units and adjacent walls or ceilings shall be not more
than 1/32 inch and, if exposed to seepage, the space shall be sealed.
11-152 Aisles and Working Spaces.
Aisles and working spaces between units of equipment and between
equipment and walls, shall be unobstructed and of sufficient width to permit
employees to perform their duties readily without contamination of food or
food—contact surfaces by clothing or personal contact. All easily movable
storage equipment such as dollies, skids, racks, and open—ended pallets shall
be positioned to provide accessibility to working areas.
11-153 Equipment and Utensil Gleaning and Sanitization, Cleaning Frequency,
General.
(a) Utensils and food—contact surfaces of equipment shall be cleaned and
sanitized as follows:
( 1 ) Each time there is a change in processing between raw beef, raw
pork, raw poultry or raw seafood, or a change in processing from raw to ready-
-to—eat foods;
(2) After any interruption of operations during which time
contamination may have occurred; and
27
(3) After final use each working day.
(b ) Where :equipment and utensils are used for the preparation of
potentially hazardous foods on a continuous or production—line basic, utensils
and the food—contact surfaces of equipment shall be cleaned anti sanitized at
intervals throughout the day on a schedule based on food temperature, type of
food, and amount of food particle accumulation.
(c ) The food—contact surfaces of cooking devices and the cavities and
door seals Of microwave ovens shall be cleaned at least once each day or use,
except that this shall not apply to hot oil cooking equipment and hot oil
filtering syster,:s. The food—contact surfaces of all baking equipment and pans
shall be kept free of encrusted grease deposits and other accumulated soil.
( d ) Non—food—contact surfaces of equipment, including transport
vehicles, shall be cleaned as often as is necessary to keep the equipment frae
Of accumulation of dust, dirt, food particles, and other debris.
(e) Tongs, scoops, ladles, spatulas, other appropriate utensils and
tethers used by customers for bulk food dispensing shall be cleaned and
sanitized at least daily or at more frequent intervals based on the type of
food and amount of food particle accumulation or soiling.
( f) Product modules, lids and other equipment shall be craned prior to
restocking, when soiled or at intervals on a schedule based on the type of
food and amount of food particle accumulation. Routine sanitizing of product
modules and lids may not be necessary prior to re—stacking, but should be
Performed at a frequency which will provide adequate protection to the bulk
foods.
(g ) Product module food—contact surfaces shall be cleaned and sanitized
immediately if contamination is observed or suspected.
28
. . ` ,. ..
11-154 Wiping Cloths.
^
(a) Cloths or sponges used for wiping food spills on food—contact
surfaces of equipment shall be clean and rinsed frequentlg in one of the
sanitizing solutions permitted in 5ect4on 11-155( h ) of this ordinance and
used for no other purpose. These Cloths and sponges shall be stored in the
sanitizing solution between uses.
< b ) Cloths or sponges used for cleaning non—food—contact surfaces of
equipment shall be clean and rinsed as specified In Section of this
ordinance and used for no other purpose. These cloths and sponges shall be
stored in the sanitizing solu '~on between uses.
( C ) Single—service disposable towels are permitted in lieu of Wiping
cloths or sponges if they are discarded after each use.
11-155 Manual Cleaning and Sanitizing.
(a) Facilities and/or equipment shall be available either in a servicing
area or in place, to provide for proper cleaning and sanitizing of all food_
contact surfaces including product modules, lids and dispensing utensils.
( b ) For manual cleaning and sanitizing of equipment and utensils, a sink
with two or three compartments shall be provided and used. Sink compartments
shall be large enough to accommodate the immersion of most equipment and
utensils, and each compartment of the sink shall be supplied with hot and cold
Potable running mater. Where immersion in sinks is impracticable ( e. g. ' because
equipment is too large), equipment and utensils shall be cleaned and sanitized
manually or by pressure spray methods.
( c ) Drain boards or easily moveable utensil tables of adequate size
shall be Provided for proper storage and handling of soiled utensils prior to
cleaning and for cleaned utensils following sanitizing and shall be located so
as not to Interfere with proper use of the maremashiny facilities.
`
( d ) Equipment and utensils shall be preflusheU or prescraped and, when
e� ~
'
necessary, presoaked to remove food particles and soil.
( e) The sinks shall be cleaned before use.
( f) When a three—compartment sink is utilized for warewashing; the
operation shall be conducted in the following sequence:
( 1 ) Equipment and utensils shall be thoroughly craned in the first
compartment with a hot detergent solution that is kept clean and at a
concentration indicated on the manufacturer 's label; and
(2) Equipment and utensils shall be rinsed free of detergent and
abrasives with clean water in the second compartment; and
(3) Equipment and utensils shall be sanitized in the third
compartment according to one of the methods included in Section 11-155( h )
( Items 1 through 5) of this ordinance.
(g ) When a two—compartment sink is utilized for warewashing, a three
step sanitizaticri sequence must be followed which is acceptable to the
regulatory authority.
( h ) The food—contact surfaces of all equipment and utensils shall be
sanitized by one of the following methods:
( 1 ) Immersion for at least 1t2 minute in clean, hot water of a
temperature of at least 174 degrees Fahrenheit (77 degrees Centigrade) ; or
(3) Immersion for at least 1 minute in a clean solution containing
at least 50 parts per million of available chlorine as a hypochlorite and
having a temperature of at least 73 degrees Fahrenheit 124 degrees
Centigrade) ; or
(3) Im ersion for at least I minute in a clean solution containing
at least 12. 5 parts per million of available iodine, having a pH range which
the manufacturer has demonstrated to be effective and at a temperature of at
least 75 degree; Fahrenheit (24 degrees Centigrade); or
30
(4) Immersion for at least I minute in a clean solution containing
200 parts per million of a quaternary ammonium compound and having a
temperature of at least 75 degrees Fahrenheit (24 degrees Centigrade). The
quaternary ammonium compound used shall have been compounded by the
manufacturer to assure effectiveness in waters up to 500 parts per r=zillion
hardness at use concentration; or
(5) Immersion in a clean solution containing any other chemical
sanitizing agent allowed under 21 CFR 178. 1010, Code of Federal Regulations,
Title 211 Parts 170 to 199, that will provide the equivalent bactericidal effect
of a solution containing at least 50 parts per million of available chlorine as
hypochlorite at a temperature of at least 75 degrees Fahrenheit (24 degrees
Centigrade ) for 1 minute; or
(b) Treatment with steam free from materials or additives other
than those specified in 21 CFR 173. 310, Code of f=ederal Regulations, Title 21,
Parts 170 to 1957, in the case of equipment too large to sanitize by immersion,
but in which steam can be confined; or
(7).. Rinsing, spraying, or swabbing with a chemical sanitizing
solution of at least twice the strength required for that particular
sanitizing solution under Sections 11-155( h ) (2) (3) and ( 5) of this ordinance
in the case of equipment too large to sanitize by immersion.
( i ) When hot water is used for sanitizing, the following equipment shall
be provided and used:
( 1 ) An integral heating device or fixture installed in, on or under
the sanitizing compartment of the sink capable of maintaining the water at a
temperature of at least 170 degrees Fahrenheit (77 degrees Centigrade ) ; and
(2) A numerically scaled indicating thermometer, accurate to plus
or minus 3 degrees Fahrenheit (plus or minus 1 degree Centigrade) convenient
to the sink for frequent checks of water temperature; and
31
(3) Utensil racks or baskets of such size and design to permit
complete immersion of utensils and equipment in -the hot water.
( J ) When chemicals are used for sanitization, they shall not have
concentrations higher than the maximum permitted under 21 CFR 178. 1010, Code
of Federal Regulations, Title 21, parts 170 to 199, and a test kit or other
device that measures the parts per million concentration of the solution shall
be provided and used.
11-156 Mechanical Cleaning and Sanitizing.
(a) Mechanical cleaning and sanitizing equipment and practices shall
conform to the provisions contained in Section 5-104 of the FDA Food Service
Sanitation Ordinance.
( b ) Facilities and/or equipment shall be available, either in a
servicing area or in place, to provide for proper cleaning and sanitizing or
all food—contact surfaces including product modules, lids and dispensing
utensils.
11-157 Drying.
Unless used immediately after sanitization, all 'equipment and utensils
shall be air dried. Towel drying shall not be permitted.
11-158 Retail Food Stores Without Equipment and Utensil Cleaning Facilities.
Retail food stores that do not have facilities for proper clearing and
sanitizing of utensils and equipment shall not prepare or package food or
dispense unpackaged food other than raw fruits and raw vegetables..
11-159 Equipment and Utensil, Handling.
Cleaned and sanitized equipment and utensils shall be handled in a way
that protects them from contamination.
I1-160 Equipment and Utensil, Storage.
(a) Cleaned and sanitized utensils and equipment Shall be stored at
32
least b inches above the floor in a
clean, dry location in a way` that protects
them for splash, dust, and other means of contamination. The food—contact
surfaces of fixed equipment shall also be protected from contamination.
Equipment and utensils shall not be placed under exposed or unprotected sewer
lines, or water lines that are leaking or on which condensed water has
accumulated.
( b ) Utensils shall be air dried before being stored or shall be stored
in a self—draining position.
( c ) Stored utensils shall be covered or inverted wherever practical.
11-161 Single—Lervice Articles.
(a) Single—service articles shall be stored in closed cartons or
containers at least 6 inches above the floor or on easily movable dollies,
skids, racks, or open—ended pallets. Such storage shall protect the articles
from contamination and shall not be located under exposed or unprotected sewer
lines, or water lines that are leaking or on which condensed water has
accumulated.
(b ) Single—service articles shall be handled in a manner that prevents
contamination of surfaces that may come in contact with food.
(c ) Take—home containers ( bags, cups, lids, etc. ) provided in the
display area for customer use shall be stored and dispensed in a sanitary
manner.
11-162 Prohibited Storage Areas.
Food equipment, utensils, or single—service articles shall not be stored
in locker rooms, toilet rooms or their vestibules, garbage rooms, or
mechanical rooms. -
11-163 Sanitary Facilities and Controls; Water Supply, General.
Sufficient potable water for the needs of the retail food store shall be
provided from a t;ource constructed, maintained, and operated according to law
33
A ` r E •
11--164 Water D livery.
All potable water not provided to the retail food store directly from 'the
source by pipe shall be delivered in a bulk water transport system and shall
be transferred to a closed water system. Both of these SY terns shall be
constructed, maintained, and operated according to la;-,I.
11-165 Water Under Pressure.
Water under pressure at the required temperatures shall be provided to
all fixtures and equipment that use water.
11-166 Steam.
Steam used in contact with food or food contact surfaces shall be free
from any materials or additives other than those specified in 21 CFR 173. 314,
Code of Federal Regulations, Title 21, parts 170 to 199.
I1-167 Sanitary Facilities and Controls, Sewage, General.
All sewage, including liquid waste, shall be disposed of by a public
sewage system or by ' a sewage disposal system constructed, maintained, and
operated according to law. Nonwater carried sewage disposal facilities are
prohibited, except as permitted by the regulatory authority.
11-168 Plumbing, General.
Plumbing shall be sized, installed, and maintained according to law.
There shall be no cross—connection between the potable water supply and any
other system containing:
(a) Water of unknown or questionable origin, or
(b ) Contaminating or polluting substances.
11-169 Nonpotable Water System.
A nonpotable water system is permitted for air conditioning, equipment
cooling, and fire protection, and shall be installed according to law.
Nonpotable water shall not directly or indirectly contact food or equipment or
34
. ` . ..
. utensils that contact food. Th e pipi ^g of 'any nonpotable mater system s` all
' ~ .
be durably identified so that it is readily distinguishable from piping that
carries potable water.
11-170 Backflom.
The potable mater system shall be installed to preclude the possibility
of Uackflow. Devices shall be Installed to protect against backflom and
backs1pkonage at all fixtures and equipment where an air gap at least twice
the diameter of the mater system inlet 1s not provided between the mater
supply inlet and the fixture 's flood level rim. No hose shall be attached to
a faucet that is not equipped ^-itU a Uackflom prevention device.
11-171 Grease Traps.
Grease traps, if used, shall be located outside of food Preparation
or maremashing areas.
11-172 Garbage Grinders.
Garbage grinders, if used, shall be installed and maintained according to I
11-173 Drains.
Except for properly trapped open sinks, there shall be no direct
connection between the sewage system and any drains originating from equip/?ent
in which food, portable equipment, or utensils are placed. When a marem`shing
machine is located within 5 feet of a trapped floor drain, the maremasher
waste outlet may be connected directly on the inlet side of a properly vented
floor drain trap if permitted by lam.
`
11-174 Toilet Facilities, Toilet Installation.
Toilet facilities shall be installed according to lam, shall be at least
`
'
one and not less than the numb '
er required by lam, shall be convenientlg
located, and shall be accessible to employees at all times.
11-175 Toilet Design.
Toilets and urinals shall be designed to be easily cleanable.
35
' '
11-176 Toilet Pooms.
Toilet rooms shall be completely enclosed and shall have tight—fitting,
self—closing solid doors, except for louvers -that may be necessary for
ventilation systems.
11-177 Toilet facility Maintenance.
Toilet facilities, including toilet fixtures and any related vestibules,
shall be kept clean and in good repair. A supply of toilet tissue shall be
provided at each toilet at all times. Easily cleanable receptacles shall be
provided for haste materials. _Toilet rooms used by women shall have at least
one covered waste receptacle.
11-173 Handwashing Facility Installation.
(a) Handwashing facilities shall be installed according to law, shall be
at least one and not less than the number required by law, and shall be
conveniently located to permit use by all employees in food preparation and
warewashing .areas. - Handwashing facilities shall be accessible to employees at
all times. Handwashing facilities shall also be located in or immediately
adjacent to toilet rooms or their vestibules. Sinks 'used for food preparation
or for warewashing shall not be used for washing of hands or for any other
purpose.
(b ) When handwashing facilities are not available at the bulk food
display area, customers, upon request, are permitted access to handwashing
facilities located in employee restroom( s ).
11-179 Handwashing Facility Faucets.
Each handwashing facility shall be provided with hot and cold water
tempered by means of a mixing valve or combination faucet. Any self—closing,
slow—closing, or metering faucet used shall be designed to provide a flow of
eater for at least 15 seconds without the need to reactivate the faucet.
36
Steam mixing valves are . /ohibi ' ed at ' anduashing facilities.
. . ' .
11-18D Handmashing Supplies.
(a) A supply of hand—cleansing soap or detergent shall be available at
each handmashing facility. A supply of sanitary towels or a hand—drying
device providing heated air shall be conveniently located near each
hangmashing facility. Common towels are prohibited. If disposable towels are
used, easily cleanable waste receptacles shall be conveniently located near
the handmashing facilities.
(b ) When sanitary paper towels or disposable tomelettes are provided,
easily cleanable waste receptacle ( s) shall be convenientIg provided in the
display area.
11-181 Handmashing Facility Maintenance.
Handmashing facilities, soap or detergent dispensers, hand—drying
devices, and all related facilities shall be kept clean and in good repair.
11-182 garbage and Refuse, Containers.
(a) garbage and refuse shall be held in durable) easily cleanable,
insect—resistant, and rodent—resistant containers that go not leak and do not
absorb liquids. Plastic bags and met strength paper bags may be used to line
these containers. Such bags and durable plastic garbage and refuse cont iners
may ue used for storage inside the retail food store.
(b ) Containers used in food preparation and utensil masking areas shall
be kept covered during nonworking hours and after they are filled. _
(c ) Containers stored outside the establishment, including gumpsters,
compactors, and compactor systems, shall be easily cleanable, shall be
provided with tight—fitting lids, doors, or covers, and shall be kept covered
when not in actual use. In containers designed with drains, grain plugs shall
be in place at all times, except dur1ng cleaning.
( d ) There shall be a sufficient number of containers to hold all the
'
garbage and refuse that accumulatbs.
(e) Soiled containers shall be cleaned at a frequency to prevent insect
and rodent attraction. Each container :hall be thoroughly cleaned on the
inside and outside in a way that does not contaminate food, equipment,
utensils, or food preparation areas. Suitable facilities, detergent, and hot
water or steam, shall be provided and used for cleaning containers. Liquid
waste from compacting or cleaning operations shall be disposed of as sewage.
11-183 Garbage and Refuse, Storage.
(a ) Garbage and refuse on the premises shall be stored in a manner to
make them inaccessible to insects and rodents. Outside storage of
non—rodent—resistant plastic containers, unprotected plastic bags, wet
strength paper bags, or baled units which contain garbage or refuse is
prohibited. Cardboard or other packaging material not containing garbage or
food wastes need not be stored in covered containers.
( b ) Garbage or refuse storage rooms, if used, shall be constructed of
easily cleanable, nonabsorbent, washable materials, shall be kept clean, shall
be insect and rodent resistant, and shall be large enough to store all the
garbage and refuse containers necessitated by disposal pick—up frequency,
(c ) Outside storage areas or enclosures, if used, shall be kept clean
and shall be large enough to store all the garbage and refuse containers
necessitated by disposal pick—up frequency. Garbage and refuse containers,
dumpsters, and compactor systems located outside, shall be stored on or above
a smooth surface of nonabsorbent material, such as concrete or machine—laid
asphalt, that is kept clean and maintained in good repair.
11-184 Garbage and Refuse, Disposal.
(a) Garbage and refuse shall be disposed of often enough to prevent the
development of objectionable odors and the attraction of insects and rodents.
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( b ) Where garbage refuse is burned on the premises, it shall' be done
by controlled incineration in accordance with law. Areas around incineration
units shall be kept clean and orderly.
11-185 Insect and Rodent Control, General.
Effective measures shall be utilized to minimize the entry, presence, and
propagation of rodents, flies, cockroaches, or other insects. The premises
shall be maintained in a condition that prevents the Harborage or feeding of
insects or rodents.
11-186 Insect and Rodent Control, Openings.
Openings to the outside shall be effectively protected against the entry
of rodents. Outside openings shall be protected against the entry of insects
by tight—fitting, self—closing doors, closed windows; screening; controlled
air currents; or other means. Screen doors shall be self—closing, and screens
for windows, skylights, transoms, intake and exhaust air ducts, and other
Openings to the outside shall be tight—fitting and free of breaks. Screening
material shall be not less than 16 mesh to the inch.
ll-187 Construction and Maintenance of Physical Facilities, Floors, Floor
Construction, General.
(a) Except as specified in 11-168 of this ordinance, floors and floor
coverings of all food preparation, food storage, and warewashing areas, and
the floors of all walk—in refrigerators, dressing room,, locker rooms, toilet
rooms and vestibules, shall be constructed of smooth durable material such as
sealed concrete, terrazzo, quarry tile, ceramic tile, durable grades of vinyl
asbestos or plastic tile, or tight—fitting wood impregnated with plastic, and
shall be maintained in good repair. Nothing in `this section shall prohibit
the use of anti—slip floor covering in areas where necessary for safety
reasons.
( b ) Floors which are water flushed or which receive discharges of water
39
or other fluid wastes o'� ire in areas where pressure spray methods for
cleaning are used, shall be provided with properly installed trapped drains.
Such floors shall be constructed only of sealed concrete, terrazzo, quarry
tile, ceramic tile, or similar materials and shall be graded to drain.
( c ) In all establishments utilizing concrete, terrazzo, quarry tile,
ceramic tile, or similar flooring materials, or where water flush cleaning
methods are used, the ,punctures between walls and floors shall be coved and
sealed. In all other cases, the ,puncture between walls and floors shall be
coved so as not to present an open seam of more than 1/32 inch.
1i—i8B Floor Carpeting.
Carpeting, if used as a floor covering, shall be of closely woven
construction, properly installed, easily cleanable, and maintained in good
repair. Carpeting shall not be used in food preparation and warewashing
areas, in food storage areas, or in toilet room areas where urinals or
fixtures are located.
11-189 Prohibited Floor Covering.
Sawdust, . wood shavings, granular salt, baked clay, diatomaceous earth, or
similar materials shall not be used as floor coverings: however, these
materials may be used in amounts necessary for immediate spot clean—up of
spills or drippage on floors.
11-190 Mats and Duckboards.
Mats and duckboards shall be of nonabsorbent, grease resistant materials,
and of such size, design, and construction to facilitate cleaning acid shall be
maintained in good repair.
11-191 Utility Line Installation.
Exposed utility service lines and pipes shall be installed in a way that
does not obstruct or prevent cleaning of the floor. In all new or extensively
remodeled establishments, installation of exposed horizontal utility service
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lines and pipes on the floor is prohibited.
11-192 Maintenance of Physical Facilities, Walls and Ceilings, General.
Walls, and ceilings, including doors, windows, skylights, and similar
closures, shall be maintained in good repair.
11-193 Construction of Physical Facilities, Wails and Ceilings, General.
The walls, wall coverings, and ceilings of walk—in ref=rigeration units,
food preparation areas, warewashing areas, and toilet rooms and their
vestibules shall be smooth, nonabsorbent, and easily cleanable. Concrete or
pumice blocks and bricks used for interior wall construction in these
locations shall be finished and sealed to provide a smooth easily cleanable surf
11-194 Exposed Construction.
Studs, Joists, and rafters shall not be exposed in those areas listed in
Section ll-293 of this ordinance. If exposed in other rooms or areas, they
shall be finished to provide a cleanable surface.
11-195 Utility Line Installation.
Utility service lines and pipes shall not be unnecessarily exposed on
walls or ceilings in those areas listed in Section 11-=193 of this ordinance.
Exposed utility service lines and pipes shall be installed in a way that does
not obstruct or prevent cleaning of the walls and ceilings.
11-196 Attachments.
Light fixtures, vent covers, wall mounted fans, decorative materials, and
similar attachments to walls and ceilings shall be easily cleanable and shall
be maintained in good repair.
11-197 Covering Material Installation.
Wall and ceiling covering materials shall be attached and sealed in a
manner to be easily cleanable.
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11-198 Cleaning Physic, Facilities, ' ene�al�
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Cleaning of floors' Walls,s, and ceilings shall be done as often as
necessary, but preferablg during periods When -the least amount of food 1s
exposed, such as after closing. Only dustless methods of cleaning floors,
malls, and ceilings shall be used/ such as vacuum cleaning, met cleaning,
treated dust mops, or the use of dost—arresting sweeping compounds with
brooms. Floors, mats, Uuckboards, malls, ceilings, and attachments ( e. g. ,
light fixtures, vent covers, mall mounted fans, and similar equipment) , and
decorative materials ( e. g. . signs and advertising materials) shall be kept clear
11-199 Service Sinks. ~
At least one ( 1 ) service sink or curbed cleaning facility with a -Floor
drain shall be provided and used for the cleaning of mops or similar met floor
cleaning tools and for the disposal of mop mater or similar liquid mast*s.
Hanumash1ng or maremashing facilities, or food preparation sinks shall not be
used for this purpose.
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11-200 Lighting, general.
(a ) Permanently fixed artificial light sources shall be installed to
provide at least 50 foot candles (215 lux ) of light on all food
preparation surfaces and at maremashing work levels'
(b ) Permanently fixed artificial light sources shall be installed to
provide, at a distance of 30 inches from the floor:
' ( 1 ) At least 30 foot candles (215 lux ) of light in sales areas,
utensil and equipment storage areas, and in hanUmasUing and toilet areas/ and
(2) At least 20 foot candles ( 108 lux ) of light in walk—in
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refrigeration units, dry food stor age areas, and In all other areas.
11-201 Protective Shielding.
/a ) Lamps located over or m1tk1n food storage, food preparation,
food display facilities, and facilities where utensils and equipment are
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' cleaned and stored shall be shielded, -coated or otherwise shatter resistant.
(U ) Infrared or other heat lamps shall be protected against breakage by
a shield surrounding and extending beyond the bulb, leaving only the face of
the bulb exposed.
11-202 Ventilation, General.
All rooms shall have sufficient ventilation to keep them free of
excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and
fumes. Ventilation systems shall be Installed and operated according to lam
and, when vented to the outsid�q, shall not create a harmful or unlawful
discharge. Intake and exhaust air ducts shall be maintained to prevent the
entrance of dust, dirt, and other contaminating materials. ,
I1-203 Dressing Rooms and Areas, General.
If employees routinely change clothes within the estaUlisbment, rooms or
areas shall be designated and used for that purpose. These designated rooms
or areas shall not be used for food preparation, food storage, food display,
uaremashing^ or storage of utensils and equipment.
11-204 Locker Areas, General.
Lockers or other suitable facilities shall be provided and used for tie
orderly storage of employee clothing and other belongings. Lockers or other
suitable facilities may only be located in the designated dress1n
g rooms or
areas or, in food storage rooms or areas containing only completelg Packaged
food or packaged single—service articles.
11-205 Poisonous or Toxic Materials, Materials Permitted.
Only those poisonous or toxic materials necessary and intended for the
maintenance of the establishment, including the cleaning and san1tization of
equipment and utensils, and the control of insects and rodents, shall be
present in retail food stores, except those items being stored or displayed
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for retail sale as desc's )ed in 'Section 11—'209 of this ordinance.
11-206 Poisonous or Toxic Materials, Labeling. ,
Containers of poisonous or toxic materials necessary for operational
maintenance of the establishment shall be prominently and distinctly labeled
in accordance with law. Small working containers of bulk cleaning agents
shall be individually labeled for easy identification of contents.
11-207 Poisonous or Toxic Materials, Storage.
Poisonous or toxic materials necessary for the maintenance of the
establishment csnsist of the following 'two catergories:
(a) Insecticides and rodenticides;
(b ) Detergents, sanitizers, related cleaning or drying agents, and
caustics, acids, polishes, and other chemicals.
(c ) Materials in each of these 'two categories shall be stored and
located to be physically separated from each other; shall be stored in
cabinets or in similar physically separated compartments or facilities used
for no other purpose; and, to preclude potential contamination, shall not be
stored above or intermingled with food, food equipment, utensils, or single—
service articles, except that this latter requirement does not prohibit the
convenient availability of detergent sanitizers, or sanitizers at warewashing
facilities.
11-202 Poisonous or Toxic Materials, Use.
(a) Sanitizers, cleaning compounds, or other compounds intended for use
on food—contact surfaces shall not be used in a way that leaves a toxic
residue on such surfaces, nor in a way that constitutes a hazard to employees
or other persons.
( b ) Poisonous or toxic materials shall not be used in a way that
contaminates food, equipment, or utensils, nor in a way other than in full
compliance with the manufacturer 's labeling.
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11=209 Storage and Display of Poi..sonous or Toxic Materials for Retail' sale'.
Poisonous or toxic materials stored or displayed for retail sale shall be
separated from food and single—service articles by spacing, partitioning, or
dividers. These materials shall not be stored or displayed above food or
single—service articles.
11-210 First—Aid Supplies and Personal Medications.
Retail food store employee first—aid supplies and personal medications
shall be stored in a way that prevents them from contaminating food and
food—contact surfaces.
11-211 Premises, General.
(a) Retail food stores and all parts of the propertit used in connection
with operations of the establishment shall be reasonably free of litter and
articles not essential to the operation or maintenance of the establishment.
(b ) The walking and driving surfaces of all exterior areas of retail
food stores shall be surfaced with concrete, asphalt, or with gravel or
similar material effectively treated to facilitate maintenance .and minimize
dust. These surfaces shall be graded to facilitate drainage.
11-212 Living areas, General.
No operation of a retail food store shall be conducted in any room used
as living or sleeping quarters. Retail food store operations shall be
separated from any living or sleeping quarters by complete partitioning and
solid, self—closing doors.
11-213 Laundry f=acilities, General.
(a ) If provided, laundry facilities in a retail food store shall be
restricted to the washing and drying of linens and work clothes used in the
operation. If such items are laundered on the premises, an electric or gas
dryer shall be provided and used.
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(b ) Separate room shall b'e provided 'for laundry facilities, except that
such operations may be conducted in storage rooms containing only packaged
foods or packaged single—service articles.
11-214 Linens and Work Clothes Storage.
(a) Glean work clothes and linens, including articles such as wiping
cloths, shall be stored in a clean place and protected from contamination
until used.
( b ) Soiled work clothes and linens, including articles such as wiping
cloths, shall be kept in nonabsorbent containers or washable laundry bags
until removed for laundering and shall be stored to prevent contamination of
food, food equipment, and utensils.
11-215 Cleaning Equipment Storage.
Maintenance and cleaning tools such as brooms, mops, vacuum cleaner,, and
similar equipment shall be maintained in good repair and stored in a way that
does not contaminate food, utensils, equipment, or linens and shell be stored
in an orderly manner to facilitate the cleaning of that storage location.
fi-216 Animals, general.
(a) Live animals shall be excluded from within the retail food store
operational areas and from immediately adjacent areas inside the store under
the control of the permit holder. This exclusion does not apply to edible
fish, crustacea, shellfish, or fish in aquariums.
( 1 ) Live or dead fish bait shall be stored separately from food
or food products.
(2) Patrol dogs accompanying security or policy: officers shall be
permitted in offices, storage areas, and outside store premises. Sentry dogs
may be permitted to run loose in outside fenced areas for security reasons.
Guide dogs accompanying blind persons shall be permitted in sales areas.
(b ) While on duty, persons employed in the food operational areas of art
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establishment shall not care for or handle any pets, or patrol/sentrg' ^dogs.'
Compliance Procedures
11-217 Permit To Operate, general.
It shall be unlawful for any person to operate a retail food store
within the City of Beaumont who does not possess a retail food Store permit issL
to him/her by the regulatory authority. Only a person who coeopl1es with the
requirements of this ordinance shall be entitled to receive or retain such a
permit. Permits shall not be transferable from one person to another person
or place. A valid permit shall. be posted in every retail food store.
11-218 Issuance of Permit.
(a) Any person desiring to operate a retail food store shall make written
application for a permit on forms provided by the regulatory authority. Such
application shall include the applicant 's full name and post office address
and whether such applicant 1s an individual, firm, or corporation, and, if a
partnership, the names of the partners, together with their addresses / hall be
included; the 10cat1on and type of the proposed retail food store and the
signature of the applicant or applicants.
( b ) Upon receipt of such an application, the regulatory authority shall
make an inspection of the proposed retail food store to determine compliance
with the provisions of this ordinance.
(c ) When inspection reveals that the applicable requirements of this
ordinance have been met, a permit shall be issued to the applicant by the
regulatory authority.
11-219 Suspension of Permit. _
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(a) Permit may be suspended temporarily by the regulatory authority for
failure of the holder to comply with the requirements of this ordinance.
Whenever a permit holder or operator has failed to complg with any notice
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issued under the provis_ -ns of Sectibns 11-1217 thru 11-233 of this ordinance,
the permit holder shall be notified in writing that the permit is upon service
of the notice, immediately suspended, and that an opportunity for a hearing
will be provided if a written request for a hearing is file-d with the
regulatory authority by the permit holder.
(b ) Notwithstanding the other provisions of this ordinance, whenever the
regulatory authority finds unsanitary or other conditions in the operation of
a retail food store which, in his/her ,judgement, constitutes an imminent
health hazard ( such as, but not limited t4, complete lack of saniti±ation or
refrigeration, extended power outage, or sewage back—up into the establish-
ment ), the agent may without warning, notice or hearing, issue a written
notice to the permit holder or operator citing such condition, specifying the
corrective action. to be taken, and specifying the time period within which
such action shall be taken; and, if deemed necessary, such order shall state
that the permit is immediately suspended, and the operations of the retail
'Food store shall cease immediately. Any person 'to whom such an order is issued
shall comply immediately therewith, but upon written petition to the
regulatory authority shall be afforded a hearing within twenty (20) days o.f
receipt of request for a hearing.
(c ) Any person whose permit has been suspended for ant; reason other than
for an imminent health hazard may, at any time, make application for a
reinspection for the purpose of reinstatement of the permit. Within ten ( 10)
days following receipt of a written request, including a statement signed by
the applicant that in his/her opinion the conditions causing suspension of the
permit have been corrected, the regulatory authority shall make a reinspec-
Lion. If the applicant is complying with the requirements of this ordinance,
the permit shall be reinstated. If no written request for a hearing is filed
within ten ( 10) Mays, the suspension is sustained.
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11220 Revocation of Permit.
For serious or repeated violations of any of the requirements of this
ordinance, or for interference with the regulatory authority in the
performance of its duties, the permit may be permanently revoked after an
opportunity for a hearing has been provided by the regulatory authority.
Prior to such action, the regulatory authority shall notify the permit holder
in writing stating the reasons for which the permit is subject to revocation
and advising that the permit shall be permanently revoked at the end of five
( 5) days following service of such notice, unless a request for a hearing is
filed with the regulatory authority, by the permit holder within such a five
( 5) day period. A permit may be suspended for cause pending its revocation or
a hearing relative thereto. If no request for a hearing is filed within the
five ( 3) day period, the revocation of the permit becomes final.
11-221 Service of Notice.
Notices provided for in this ordinance shall be deemed to have been
properly served when the original of the inspection report form or other
notice has been delivered personally to the permit ho-lder or person in charge,
or such notice has been sent by registered or certified snail, return receipt
requested, to the last known address of the permit holder. A copy of such
notice shall be filed with the records of the regulatory authority.
11-222 Hearings.
The hearings provided for in this ordinance shall be conducted by the
regulatory authority at a time and place designated by it. Based upon the
record of such hearing, the regulatory authority shall make a final finding
and shall sustain; modify, or rescind any official notice or order considered
in the hearing. A written -report of the hearing decision shall be furnished
to the permit holder by the regulatory authority.
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11-2-223 Application Aft: Revocation.'
Whenever a revocation of a permit has :income final, the holder of the
revoked permit may make written application for a new permit to operate a
retail food store as provided in Section 11-217 of this ordinance.
Retail Food Store Inspections, General
11-224 Inspection Frequency.
At least once every six (6) months, the regulatory authority shall
inspect each retail food store located in the municipality of Beaumont
and shall conduct as mane additional inspections and reinspections as are
necessary for the enforcement of this ordinance.
11-225 Access.
Agents of the regulatory authority, after proper identification, shall be
permitted to enter, at any reasonable time, any retail food store within the
!municipality of Beaumont for the purpose of conducting inspections to
determine compliance with this ordinance. The agents shall be permitted to
examine the records of the establishments to obtain information pertaining to
food and suppli !s purchased, received, or used, or to persons employed.
11-226 Report of Inspections.
Whenever agents of the regulatory authority conduct an inspection of a
retail food store, the findings shall be recorded on the inspection report
form set out in Section 11-228 of this ordinance. The original of the
inspection report form shall be furnished to the permit holder, operator, or
person in charge at the completion of the inspection and constitutes a written
notice. The inspection report form shall summarize the requirements of
Sections 11-112 thru 11-216 of this ordinance, and shall set forth a Weighted
point value for each requirement. The rating score of the establi5timent shall
be the total of the weighted point value For all violations, subtracted from
one hundred ( 100). The completed inspection report farm is subject to public
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dz°sclosure to any person who requests it according to law.
11-227 Correction of Violations.
Whenever an agent of the regulatory authority conducts an inspection of a
retail food store and finds that any of the requirements Of Sections 11-112
thru 11-216 of this ordinance have been violated, the agent shall notify the
permit holder, operator, or person in charge of such violations by mean_ of an
inspection report form or other written notice. In such notification, the
regulatory authority shall :
(a) Set forth the specif,1c violations found, together with the rating
=core of the establishment.
(b ) Specify a reasonable period of time for the correction of the
violations found and correction of the violations shall be accompli'-hed within
-the following provisions:
( 1 ) if an imminent health hazard exists, such as, but not limited
to, complete lack of sanitization or refrigeration, extended power outage, or
ewage backup into the retail food store, the establishment shall immediately
cease retail food store operations. Operations shall not be resumed until
authorized by the regulatory authority.
(2) �4'rll violations of 4— or 5— point weighted items shall be
corrected within a time period specified by the regulatory authority, but in
any event, not to exceed ten ( 10) days.
(3) i'sIl 1— or 2—point weighted items shall be corrected ' as soon as
possible, but in any event, by the time of the next routine inspection.
(4) When the rating score of the establishment is less than sixty
( 60), the permit is immediately suspended.
( 5) Whenever a retail rood store is required under the provisions
of this ordinance to cease operations, it shall not resume Operations until
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. such time as a reinspec on detirm1nss' thaf conditions responsibie
or the
- . . .
requirement to cease operations no longer exist. Opportunity for
reinspection shall be offered within a reasonable time.
( c ) State that failure to complq with any notice issued in accordance
with the pruv1s1ons of this orttnance may result in an immediate suspension of
The permit.
( U ) State that an opportunity for appeal from any notice or inspection
findings will be provided If a written request for a nearing 1s filed With the
regulatory authority, within the period of time established in the notice for
correction. ~^
11-228 Inspection Report Form.
The City of Beaumont Health Department adopts the Retail Food Store
Inspection Report Form recommended by the 1?82 Retail Food Store Sanitation
Code Manual, page 61 (appendix ).
11-229 Examination and Condemnation of Food, General.
(a) Food supplied under the provisions of this ordinance may be examined
or sampled by the regulatory authority as often as necessary for enforcement
of any applicable federal, state or local lam. The regulatorg authority pay,
upon written notice to the owner or person in charge of any retail food
store, place under detention food which the agent determines or has probAbIe
cause to believe is in violation of federal, state or local law. The
regulatory authority shall tag, label or otherwise identify any food subject
to detention. No food subject to detention shall be useU, served, sold, or
moved from the establishment. The regulatory authority shall permit storage
of the food under conditions specified in a hold order. The hold order shall
specify with Particularity the reasons therefore and shall state that a
reguest for hearing may be filed within ten < 10> days, and, that if no hearing
is requested, the food shall be destroyed. A hearing shall be held if so
52 ~
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^ rdquested, and on the basis of evidence produced at that hearing, the' `hold -
order may be vacated, or the owner or person in charge of the food may be
directed by written order to denature or destroy such food or to bring- it into
compl1ance with applicable lams. If food is to be denatured or destroged'
such action shall be taken under the supervision of the regulatory authority.
Such order of the regulatory authority to denature or destroy such food or
bring it into compliance with the provisions of this ordinance shall he stayed
if the order is appealed to a court of competent jurisdiction within three (3)
days.
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( b ) Whenever the regulatory authority shall find in any retail food
store any food which is unsound, or contains any filthg, decomposed or putrid
substance, or that mag be Poisonous or deleterious to health or otherwise
unsafe, the same being hereby declared to be a nuisance, the regulatory
authority shall forthwith condemn or in any manner render the same unsalable
as human food.
Review of Plans, general
11-230 Submission of Plans.
(a) Whenever a retail food store is constructed or extensively remodeled
or whenever an existing structure is converted for use as a retail food store.
properly prepared plans and specifications for such constructi �
on. remodeling,
or conversion shall be submitted to the city building inspection department
for review and approval by that department and the regulatory authority
before construction, remodeling, or conversion is begun. The plans and
specifications shall indicate the proposed layout, arrangement, mechanical
plans, and construction materials of work areas, and the type and model of
Proposed fixed egu1pment and facilities. The regulatory authority shall
approve the plans and specifications If they meet the requirements of all '
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apgplicable laws. No re,, _ il food store shaINI ue constructed, extensively
remodeled, or Converted except in accordance with plans and specifications
approved by the regulatory authority.
(b ) Alterations of a retail food store to accommodate self—service of
bulk food may constitute major remodeling, depending on the requirements of
the State or regulatory authority, and require submission of plans and
specifications for approval.
11-231 Pre—operational Inspection.
Whenever plans and specifications are required by Section 11-234 of this
ordinance to be submitted to the regulatory authority, thcr regulatory
authority shall inspect the retail food store prior to Its beginning operation
to determine compliance with the approved plans and specif=ications end with
the requirements of all applicable laws.
11-232 Procedure When Infection Is Suspected, General.
When the regulatory authority has reasonable cause to suspect the
possibility of disease transmission from any retail food store employee,
the agent may secure morbidity history of the suspected employee or make any
other investigation as may be indicated and shall take appropriate action.
The regulatory authority may require any or all of the following measures:
(a) The immediate exclusion of the employee from all retail food stores
or operations;
(b ) The immediate closing of the retail food store or operation
concerned until, in the opinion of the health authority, no further danger of
disease outbreak exists;
(c ) Restriction of the employee 's services to some area of the
establishment 07, operation where there would be no danger of transmitting
di =sease;
( d ) Adequate medical and laboratory examination of -the employee or other
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(d) Adequate medical and laboratory examination of the
employee or other employees and of his/her or their body
discharges.
11-233 Exceptions, General.
( a) Building facilities and equipment in use before the
effective date of this ordinance and which do not meet fully all of
the design and fabrication requirements of this ordinance, shall be
acceptable if they are in good repair, capable of being maintained
in a sanitary condition, and the food-contact surfaces ( if any) are
in compliance with Section 11-111( cc) of this ordinance.
(b) New building facilities and new equipment for such
contractual obligations are incurred before the effective date of
this ordinance, and which do not fully meet all the design and
fabrication requirements of this ordinance, shall be acceptable if
they are capable of being maintained in a sanitary condition and
the food-contact surfaces ( if any) are in compliance with Section
11-111(cc) of this ordinance.
11-234 Severability.
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be
severable.
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11-235 Repeal.
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
11-236 Effective Date.
This ordinance is effective three (3 ) months after its
adoption.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the
day of
1985.
Mayor -
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