HomeMy WebLinkAbout2008 Mar 24 - Letter Re: Proposed Artificial Grass FloorMai ch 24, 2008
35-W-Y
176 Main Street
Yarmouth Port, MA
Bruce Murphy
Health Division
Town of Yarmouth
1146 Route 28
South Yarmouth, MA
Dear Mr. Murphy,
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MAR 4 2008
HEALTH DEPT._
The proposed installation of the artificial grass floor surface at the restaurant at Bayberry Hills Golf Course,
to take place on March 25, 2008, raises significant sanitary, and public health concerns and should be
enjoined pending further review.
Minimum sanitation standards for food establishments in the Commonwealth are regulated by Chapter X of
105 CMR 590.000. Chapter X explicitly adopts and incorporates the federal 1999 Food Code.
Chapter 6 of the federal 1999 Food Code, which is also incorporated by 105 CMR 590.007, covers physical
facilities of food establishments.. Section 6-101.11 regulates surface characteristics of indoor areas of such
food establishments.
Section 6-101.11(A) states,.in pertinent part, that: "materials for indoor floor, wall, and ceiling surfaces under
conditions of normal use shall be: (1) SMOOTH, durable, and EASILY CLEANABLE for areas where
FOOD ESTABLISHMENT operations are conducted; (2) Closely woven and EASILY CLEANABLE carpet
for carpeted areas" (emphasis in original).
The surface to be installed raises significant concerns regarding cleanability and is contrary to the above -
regulations. The proposed surface is not smooth. Food debris and other substances, such as grass and dirt
from the golf course, will become embedded within the surface and will be difficult to remove. The proposed
fake grass surface can be most closely compared to a carpet and, viewed as such, cannot be considered
"closely woven" or "easily cleanable" as stressed by the aforementioned regulations.
The federal regulations incorporated by the Commonwealth and, by extension, the Town of Yarmouth, focus
on cleanability. The proposed surface to be installed at the restaurant at Bayberry Hills Golf Course is
contrary to this focus and raise significant sanitation and public health concerns. Therefore, we request that
the installation, to take place March 25, 2008, be enjoined pending further review.
Thank you, 1/
Bill and Stefanie Wright c -r l (S 8-7 3 7— 0-71 c
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CODE OF MASSACHUSETTS REGULATIONS
TITLE 105: DEPARTMENT OF PUBLIC HEALTH
CHAPTER 590.000: STATE SANITARY CODE CHAPTER X--MINIMUM SANITATION STANDARDS
FOR FOOD ESTABLISHMENTS
Current through March 7, 2008, Register #1099
590.001: Adoption of Federal Edition of the federal 1999 Food Code
In addition to the provisions set forth in 105 CMR 590.002 through 590.021. the Department of Public Health hereby adopts and
incorporates by reference the -federal 1999 Food Code (not including Annex 1-7) published by the United States Department of
Health and Human Services, Public Health Service, Food and Drug Administration, Washington, D.C. 20204 provided, however,
that the Department does not adopt those provisions of the federal 1999 Food Code, which are specifically stricken or.modified by
105 CMR 590.000.
Copies of the federal 1999 Food Code are available on-line:
federal 1999 Food Code in HTML or PDF versions (1Mb; 1.2Mb uncompressed) and Word Perfect 6/7/8 version compressed in
self -extracting zip format (523Kb; 2Mb uncompressed) are available on-line and can be downloaded from the following FDA
website: http://vm.cfsan.fda.gov/--dins/f`oodcode.html# eg t99
Copies of the federal 1999 Food Code may also be ordered from:
The State Book Store, Room 116, Massachusetts State House, Boston; Massachusetts, 617-727-2834, the Western Office of the
Secretary of the Commonwealth, 436 Dwight Street, Springfield, MA, 413-784-1376, or the Southeast District of the Secretary of
the Commonwealth at 218 South Main Street, Suite 206, Fall River, MA, 508-646=1374. Additional information on purchasing the
1999 Food Code and Massachusetts State Regulations is available online at the Secretary of the Commonwealth's Homepage:
www.state.ma.us/sec.
National Technical Information Service (NTIS). For ordering options, call NTIS at 1-800-553-6847 or 703-605-6000.
To order directly on-line, go to the NTIS website at http:// www.ntis.gov/yellowbk/lBU831.htm.
Or write to: National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield,
VA 22161.
Spiral bound order number: P1399-115925.
Electronic Edition on CD-ROM (also includes the Adobe Reader, Draft HACCP Guide, and Plan Review Manual) order number:
PB99-500506; Electronic Edition on Diskette order number: P1399-501033; WordPerfect on Diskette order number: P1399-501025.
<General Materials (GM) - References, Annotations, or Tables>
Mass. Regs. Code tit. 105, § 590.001, 105 MA ADC 590.001
105 MA ADC 590.001
CODE OF MASSACHUSETTS REGULATIONS
TITLE 105: DEPARTMENT OF PUBLIC HEALTH
CHAPTER 590.000: STATE SANITARY CODE CHAPTER X--MINIMUM SANITATION STANDARDS
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