The URL can be used to link to this page

Home My WebLink About2002 Aug 01 - Fax - Food Regs /MPORTANT MESSAGE For 1� - .M. pay �� Time _ ' M , Of �' /f tr`V [r ft.i/C..r t Phone __ / / J�l.� � Fjv( Area Code Number Extension MOBILE Area Code Number Extension Telephoned Retumed your call RUSH Came to see you Please call Special attention Wants to see you Wih caN again Caiter on hofd Message � ,1 ' �C � �.- / —v � — � � � � � Signed niversal"48023 urHo i u.s:a ARMOUTH BQARD OF HEALTH 1146 ROUTE 28 �OUTH YARMOUTH MA 026b4 (508) 398-2231, EXT. 240f241 FAX: (508}398-23b5 FAX TRA,NSMITTAL To: --�a�lc -�-w� �+�y . FAX NUMBER: �� - 3� � -�7 `�3 � FROM: j� ��5� -e G= �v f ��r � DATE: �'j _ � -- � � C� �= j� � f��S ' �t�� PAGES:INCLUDIlYG COVER SHEET �I NOTES: , �� Y��`� TO � N OF YARMOUTH � _ ' °� �N � � � `� 1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4451 " MATTACMEES � �ti�oqpap��o�bfi+� Telephone (508) 398-2231, ExC. 241 — Fax(508) 398-2365 BOARD OF HEALTH TOWN OF YARMOUTH SUPPLEMENTAL FOOD SERVICE REGULATIONS TO 105 CMR 590.000, CHAPTER X MASSACHUSETTS FOOD E5TABLISHMENT REGULATIONS The following regulations are promulgated by the Town of Yarmouth Board of Health, in accordance with the provisions of Chapter 111, Section 31, as amended, of the Massachusetts General Laws, and are being adopted to supplement, clarify, and augment the provision of 105 CMR 590.000, State Sanitary Code, Cha.pter X, Minimum Sanitation Standards for Food Establishments. Applicants for food service permits should refer to the State Sanitary Code, Chapter X, for basic requirements. 1. Regulation 590.052 of Chapter X, the Massachusetts State Sanitary Code, requiring food establishments to obtain a permit from the Board of Health, sha11 be e�ended to include all food establishments in the Town of Yarmouth listed below, including, but not limited to: Restaurants, retail and wholesale markets,bakeries, confectionaries, canneries, butcher shops, food purveyors, distributors, nursing homes, cafeterias, vendors of produce, dairy products, shellfish and fish processing establishments. 2. No bare feet shall be permitted in the interior of any food establishment. This regulation must be posted on all entrances. 3. No animals shall be permitted in any food establishment, except hearing-impaired or seeing-eye dogs. 4. Outdated, prepackaged foods and food products, must be segregated and prominently labeled as such or must be removed from the shelves. 5. Eggs must be refrigerated at 45°F or below while in transport, storage, display or until such time as they are prepared or sold. 6. Floors and floor coverings of all food preparation, food storage, warewashing areas, walk-in refrigerators, dressing rooms, locker rooms, toilet rooms and vestibules, sha11 be constructed of smooth, nonabsorbent, light colored, durable, easily washable material. 7. The walls, wa11 coverings, and ceilings of walk-in refrigeration units, food preparation areas, warewashing areas,toilet rooms and their vestibules sha11 be smooth, nonabsorbent, light colored, and easily washable. Page 1 of 4 ��S Recyc edn � Paper 8. (�tdoor caokix►g, greparatic�n, or dis�lay of an�� f� gra�duct by a retail or food �e ---� establishment in prohil�ite,� 9. All pre-wrapped sandwiches, pastries, and other such items of food sha11 be labeled in accordance with Massachusetts State Law. As a minimum, labels shall state the name and address of the manufacturer, and a list of ingredients. 10. MOBILE FOOD SERVICE 10.1 Push-cart type food service vendors will not be permitted in the Town of Yarmouth. 10.2 Mobile food units shall operate from a commissary or other f�ed food establishment that is constructed and operated in compliance with the State Sanitary Code, Chapter X, and a11 Town of Yarmouth Regulations or By Laws. 10.3 Mobile units garaged outside the Town of Yarmouth must furnish written certification from their local Board of Health verifying tnat they operate from a licensed food service establishment. 10.4 Mobile food units sha11 be kept in a clean and sanitary condition. Mobile food units which serve food not packaged for individual servings and/or involving the use of utensils for serving, must have a potable water system under pressure. 10.5 All articles of food shall be served in clean, single-service containers. No mobile food unit shall o�er for sale any food which has not been properly prepared, packaged, and labeled by a wholesale outlet properly licensed by the Division of Food and Drugs. All food must be protected from contamination until served. 10.6 All condiments and single service utensils are to be individually wrapped or dispensed from approved, sanitary, tamper-proof, containers. Soda straws rnust be individually wrapped. 10.7 All p�te�tially hazardous foods must be kept at a temperature of 140°F or greater, or at 45°F or lower. 11. �E G 1��EL,�,S 11.1 Any vending ma��}j�� }i�p��sit�g food or drink (other than canned beverages o�^ pr�-paek�ged sna�k�rec�uiring no refrigeration)must be licensed by the Board of Health. Vending machine fees are $�S:QO/machine up to a maximum yearly fee of$75.00. 12. OUTDOOR DIN1N�AREAS 12.1 Outdoor cafe - t� c�ining areas must meet the minimum criteria set forth by the Town of Yarmouth, Outside Ca�e-By Law 194 as well as compliance with 105 CMR 590.000, Mass. Food Regulations. Page 2 of 4 13. CATERERS 13.1 Anyone who caters within the Town of Yannouth must be licensed in accordance with 105 CMR 590.000, State Sanitary Code Chapter X-Minimum Sanitation Standards for Food Establishments. 13.2 Anyone who caters within the Town of Yarmouth must notify the Yarmouth Health Department by filing the required temporary food service application form and a copy of the food establishment pernut from the town in which they are registered 72 hours prior to the catered event. 13.3 A temporary food service fee, up to a ma�mum fee established by the Board of Health, will be charged per catered event to those businesses not currently licensed by the 'Town of Yarmouth. Alternately, a yearly catering license may be obtained for a fee established by the Board of Health. Food establishments currently licensed will be except form the temporary food service fee but a11 establishments are still subject to notification and filing requirements. 14. VARIANCES 14.1 Any person who wishes to apply for a vari�.nce,must submit a detailed, written request to the Board of Health. The Board shall hold any hearing in accordance v�ith the provisions of 105 CMR 400.000, General Administrative Procedures. 15. ENFORCEMENT 15.1 The provisions of this regulation shall be enforced by the Board of Health. The agent of the Board of Health may enter upon any food establishment or mobile food unit at any reasonable time to inspect for compliance. 15.2 The Board may issue administrative orders, enforcement orders, violation notices, requests for compliance, and other documents, and correspondence to enforce the provisions of this regulations. The Board may pursue criminal prosecution or civil litigation or both in the courts of the Commonwealth of Massachusetts to enforce the provisions of this regulation. 16. PENALTIES 16.1 Penalty for failure to comply with any provision of this regulation shall be governed by Massachusetts Gen�ral Laws, chap. 111, sec. 31. Each day of violation shall constitute a separate offense. 16.2 Further,the Boazd of Health, after notice to and after a public hearing thereon, may suspend, revoke or modify any license issued hereunder for cause shown. 17. �NyALIDATION 17.1 If any provision of these regu�ations is declared invalid or unenforceable, th�other provisions shall not be affected thereby but s�c�►ntinue in full force and effect. ��e 3 of 4 The Yarmouth Board of Health reserves the right to adopt further regulations as deemed necessary, or restrict or delete any of the above regulations in the best interest of the Town of Ya,rmouth. Failure to comply with these regulations may result in suspension or revocation of your permit as set forth in Chapter X of the State Sanitary Code. This regulation is to take effect on the date of publication of this notice. Ba.rrie Cliff, Chairman Robert Tilley, M.D., Vice Chairman Mark Richardson, Clerk Charles Van Riper Virginia Robinson, R.N. Public Hearing Dates: A�ri123, 1990 Publication Date: May 2, 1990 Newspaper: Yarmouth Sun Effective Date of Regulation: May 2 1990 Certified to D.E.P. Lakeville, Date: May 2, 1990 Certification#: Certified to D.E.P./DWPC: Boston/7th Floor-Central RegisterB.O.H. Regulation, Date: 1V�,v 2, 1990 Certification#: Page 4 of 4 . , ,�J��?�LTIES �;:. P�nalty for fai��==e to c:,��ly caith any �=�vis_on c� this r=�;•�iaticz 51'lZll � CCVE�L'I:�.^_. by hl�c�:cCE'1L'�ci t: .�'s2I12=c� LcwS i C::c�. �.��.� �=C. 3�. Eacn C�� Of V1C�.c�lOI1 S�'1c11_ COI1S�1tL`tE �c ��c=Z�z piL2:1��. ` � Furtn�=, the Bc�rd of He�1Lh, ait�� nc�ice to and af�er a public hearing the_zon, rnay suspend, revokz �o� roc7iry �ny lice�� issue•� h�re��nder for c��s� shown. 17. INVP.�,IDATION � If any prcvision of these recula�ic:.= i� �d�clar� invalid o�= une�forceab?e, t^e othzr p-ro�isions snall not �� a�fected th�r�by bu� shall continu� in full fcrce and eT�ec�. � 'Lhe Yar:r:cLt?� Bcard of Heai th re��-rv�s t°:� riczt to a�c�t furt'�e= regul.ations as ce�-�.� nzc��sa=y, or r�s�=ic� er d��ete �ny or t�� a�cva r�u�aticns in t::e r��L int�_�s� ot t::z Tcwz of Ya�:;,cu�h. Fai�u�a t� c�:ngly with tzes� c��la�icns may re�u'_t in s�.:s��nsion or r21CCa�'_cn c= ycur E)E=I�11t d� S�� iC=�:1 lIl C:lcUL2: X OL t;12 ��3�� c:1i t�L'�7 CGCP. y =,'ll� rcQli�_d�1Cf1 1=. t� t�3ii� 2��zC� OIl ti72 Cdi� C� OL'�'J].].C3t10:7 O_ tfl7.� � f.Ci.�CZ- � ! �Cr-„�j,_,�� /� iQL��.� Cl• �- C�1G�� G:: �C C� � ` I�� . _i.ii �) .. i�1��Ti l�l.p. UlC� C::cliIitc:i ��/�� C�4/ � lTJ�/�viR�' . � /��fl,/ _,�, 1 / 1 ��`-'_` \r��r. _ // ��lr/_,� �/��.•� /�: j♦ / ..:�..�?11.�:.� r..�i��/ � -a ,_,� ;� � -� C�... _�... C: :Cl�� / i /�'. �-� � � '1 �� . �� ii��LL..j�� .``4�'��+,i',v�. . . . ' __.��..:�G :�.�.�.��....i _Z.�.. ' _�:.�_ic F�==_::� L��. t�r=1 2?, 1990 :._._,^iica�_�a Da��. [`��: 2, 1�G0 t1 �.�s = =:- Y��-^� L _ _ _ �,ou�!� Sun Ef�ective Date of Re�^,:?aticn: "-a�� 2, 1G�0 �c=.`_=..�C:: ". ��. _.:.:c". ;:��i �:c�= j'1^`7 G� 1GQ0 „_r,`. - �--- - �.c='..:L�_... �v r.`..�,'. �t��_'..'�.5-:;1�/:.._ �L�'.: -"=::- -= _� c- / Dd�c. �?=tJ L,, 1QG� � �C'...�..__� ' '_....�=. B.O.;?. rZ=_ _r.�_J:li c= _C.:__CII �r C�.:�lil /C,'1 � . Departmexit of Public Health � � r , � � v ra r . `J " � � . � . � 7 .i �l W )" �� . '�'01� Sv e�`e� . ► � � - � 105 CMR 5�0.000 - �9v.000 Vending Machines a�ic� State Sanitcuy Code for Food Est.crblishm.erzts � . ATticle X COMMONWEALTI�OF MASSACHUSETI'S . Of j''=ce of the Secr�etary of S�ate . � � l�ichael J. Connollj; Secretar y $4 . 35 � � i' < � . 105 CMR: DEPARTMENT OF PUBLIC HEALTH 590.001: continued (5) A person infecud with a communicable disease that can be transmitted by food ' � is worldng as a food handler in a food establishment; (6) A person not practicing saict standards of cleanliness and personal hygiene which may result in the potendal transmission of illness through food is employed in a food establishment; • � (7) Equipment, uunsils and food-contact surfaces aze not cleaned and sanidzed effecavely and may contaminate food during prepazation, storage or service; (8) Sewage or liquid waste is not disposed of in an approved and sanitary manner, or the sewage or liquid waste contaminates or may contaminate any food,azeas used to store or prepare food, or any azeas frequented by customers or employees; (9) Toileu and facilities for washing hands are not provided, properly installed or designed, accessible or convenienfi (10) The supply of water is not from an approved source or is not under pressure and the food establishment does not usa single service articles and/or bottled water from an approved source; (11) A defect exisu in the sysum supplying potable water that may result in the contamination of the water. . (12) Insects, rodenu or other animals are present on the premises (unless allowed by 105 CMR 590.027(F)(3)); (13) Toxic iums are improperly labeled, stored or used: or (14) Any other violation of 105 CIvIIt 590.000 so designated by the boazd of health ' after written noace to the permit holder that the violadon has the potent'sal to seriously affect the public health. Denardnent means the Massachusetts Depamaent of Public Health. Director means the Director of the Division of Food and Drngs. � Easiiv Cleanable means that surfaces aze readily accessible and made of such materials and fuush and so fabricated that residue may be effecdvely removed by normal cleansing methods. Em�lovee means the permit holder,individual having supervisory or management duties, person on the payroll, family member, volunteer, person perfornung work under cona�actual agreement, or any other person worldng in a food establishment Eouinment means items,other than utensils,used in the storage,preparauan,display,and �ansportadon of food such as stoves, ovens, hoods, slicers, grinders, mixers, scales, cutting blocks,tables,food shelving,reach-in refrigerators and freezers,sinks,ice makers, dishwashers,suam tables,and similar iums used in the operadon of a food establishment This item does not include fork lift uucks or dollies. Food means aIl articles whether simple, mixed or compound, used for food or drink, confectionery oz condiment, by man or animai. Food-contact Surfaces mean those surfaces of equipment and utensils with which food normally comes in contact,and those surfaces from which food may drain,drip,or splash back onto surfaces normally in contact with food. Food Establishment means any food service esta�blish�ent,ie�ail food aton,ar r�s�ckntial _--� Iri�c��food is prepazed far retail sate or for a bed and breakfast operation A bed � b�+�hvmc s+svi�ng con�incrtsal laeakfast only shail not be conside.�d a food e�l�lish�nen� 4/1/94 10� CMR - 3577 � � 105 �VIR: DEPART1VIEi�1'I'OF PUBLIC HEALTH 590.001: continued � ��„ Food�„Setvice ��FaiQM.,�. � a � w� f�d is pa�epat+ed a�i inu�dod for . , ��an siezvux,smd i�tndts the siu u which individnal portians are providai. 'The us�m ir�s a�ft Pl�;e of whecl�er consumpd�is on or off t�premises . and reg��of whet�diere is a dtarg{t for dte food The oetm i�l�ea,but is nQt liaritcd to, deticatessens t6at offer prepared food in individnal service pordons,raobale fcod �its, pc�shcat�s and cate�ttg aprsattons. The tum does not inclnde residentiat iEitchens,rc�tm�fa�d�es, a`aup�ply vetdcles. . Full_ br_�akfast means a breakfast meal including foods other than those lisud in 105 CMR 590.001(B), definition of"condnental breal�ast" Hermericallv sealed container means a container designed and intended to be secure against the en�y of miczoorganisms and to maincain che commercial stcrility of its conunts after processing, Imminent health hazard includes but is not limiud to (1) an exunded loss of water supply, (2) an pctended powa oucage, � (3) sewer back-up into the establishment, or (4) any other violation that has the pountial to pose an imminent threat to public heaith. Failure to include other violaoions in this definition shall not be cons�ued as a determinaoion that other violations may not, in light of the circumstances, be found to pose an imminent hcalth hazard. Law includes applicable federal, state and local statuces, ordinances,and reguladons. Misbranded food means the definition in M.G.L. c. 94, § 187. ) Mobile food unit means a vehicle-mounted food establishment designed to be readily movable. eradon means,when the conuxt so pernuts,the entire food esrablishment or any azea, section,deparcment,unit or component thereof. Packased means bottled,canned, carconed, or securely wrapped. Permit means the document issued by the Board of Health which authorizes a person to operate a food establishment Person inclndes any individual,parmership,corporation,association,or other legal enriry. Person in charge means the individual present in a food establishment who is ihe apparent supervisor of the food establishment at the time of inspection. Potable water means water from any source or supplier approved by the Deparnnent of Environmental Quality Engineering or the Departmenc for human consumpuon. Potenriallv Hazazdous Food means any food or ingredient,natural or s�}mtheric,in a form . capable of supporting (1) the rapid and progressive growth of infectious or toxigenic microorganisms or (2) the slower growth of C.borulinum. Included are any foods of animal origin,either raw or heat�eaud,and any foods of plant origin which have been heat ueaud and raw seed sprouu. Exciuded are the following; (a) air dried hazd boiled eggs wi[h sholls intact; (b) foods with a water activiry (a�,,,) value of 0.85 or less; (c) foods with a hydrogen.b ion concentrauon (pi� level of 4.6 or below; 4/1/94 105 CMR - 3578