Board of Health

Kevin Elak, MPH City of Middletown Director of Health Department of Health 245 deKoven Drive Middletown, CT 06457 TEL: (860) 638-4960 FAX: (860) 638-1960 TDDL: (860) 344-3521 MIDDLETOWN BOARD OF HEALTH LEGAL NOTICE The Middletown Board of Health will hold its regularly scheduled meeting on Tuesday, February 14, 2023 at 6 p.m. on Webex and in Room 208 of the Middletown Municipal Building Dated in Middletown, Connecticut this 7th day of February, 2023. Kevin Elak, MPH Director of Health Agenda Attached The Municipal Building is Wheelchair Accessible. *If you require special accommodations for any meeting, please call the ADA coordinator at (860) 344- 3491, (voice) or (860) 344-3521 (TDD/TTY), or the Town Clerks Office at (860) 638-4910 at least ten (10) days prior to the scheduled meeting. KEVIN ELAK, MPH City of Middletown Director of Health Department of Health 245 deKoven Drive Middletown, CT 06457 TEL: (860) 638-4960 FAX: (860) 638-1960 TDDL: (860) 344-3521 Board of Health Regular Meeting, February 14, 2023, 6:00 PM Hybrid Meeting on Webex and in Room 208 of City Hall AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES a. January 10, 2023 3. PUBLIC HEARING ON AGENDA ITEMS ONLY 4. DEPARTMENT REPORTS a. Director Report – Kevin Elak b. Division Report 5. OLD BUSINESS a. Draft revisions to Middletown Code of Ordinances, Chapter 107: Animals 6. NEW BUSINESS a. Draft revisions to Middletown Code of Ordinances, Chapter 166: Food and Food Products 7. OTHER 8. ADJOURNMENT **Virtual attendance option available for attendees** Event link: https://middletownct.webex.com/middletownct/j.php?MTID=m3178fc3a1629a31fccaa25ef6378a7c1 Event Password: Middletown Join by phone: 1-408-418-9388 Webinar #:2332 214 0524 Password: 64335386  Chapter 166 FOOD AND FOOD ESTABLISHMENTSPRODUCTS [HISTORY: Adopted by the Common Council of the City of Middletown 3-3-1980; amended 11-3-1986. Subsequent amendments noted where applicable.] GENERAL REFERENCES Peddling and soliciting — See Ch. 218. § 166-1. Authority of Director of Health. The Director of Health shall or their Duly Authorized Designee have authority to enter, during the usual hours of business, all places and, in the case of itinerant vendors, all vehicles and shall be given access to all vending machines within the City where food isproducts are manufactured, processed, prepared, kept or stored, for the purpose of dispensing or sale, and to inspect and test such food products and to condemn, prohibit the sale of and order the disposal of such food products as are not s a f e , u n a d u l t e r a t e d , o r h o n e s t l y p r e s e n t e d sound, wholesome or fit for human food or of such character that the sale thereof is prohibited by law. § 166-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: CLASS 1 FOOD ESTABLISHMENT - means a retail food establishment that does Formatted: Font: (Default) Times New Roman, 12 pt not serve a population that is highly susceptible to food borne illnesses and only offers (A) commercially packaged food in its original commercial package that is time or temperature controlled for safety, or (B) commercially prepackaged, precooked food that is time or temperature controlled for safety and heated, hot held and served in its original commercial package not later than four hours after heating, or (C) food prepared in the establishment that is not time or temperature controlled for safety; CLASS 2 FOOD ESTABLISHMENT - means a retail food establishment that does Formatted: Font: (Default) Times New Roman, 12 pt not serve a population that is highly susceptible to food-borne illnesses and offers a limited menu of food that is prepared or cooked and served immediately, or that prepares or cooks food that is time or temperature controlled for safety and may require hot or cold holding, but that does not involve cooling; CLASS 3 FOOD ESTABLISHMENT - means a retail food establishment that (A) Formatted: Font: (Default) Times New Roman, 12 pt does not serve a population that is highly susceptible to food-borne illnesses, and (B) offers food that is time or temperature controlled for safety and requires complex preparation, including, but not limited to, handling of raw ingredients, cooking, cooling and reheating for hot holding; CLASS 4 FOOD ESTABLISHMENT - means a retail food establishment that Formatted: Font: (Default) Times New Roman, 12 pt serves a population that is highly susceptible to food-borne illnesses, including, but not limited to, preschool students, hospital patients and nursing home patients or residents, or that conducts specialized food processes, including, but not limited to, smoking, 166:1 curing or reduced oxygen packaging for the purposes of extending the shelf life of the food; DIRECTOR OF HEALTH – Means the Director of Health for the City of Formatted: Font: (Default) Times New Roman, 12 pt Middletown. DULY AUTHORIZED DESIGNEE - Means an individual certified by the State of Connecticut to inspect food establishments, and designated to do so by the Director of Health. FOOD PRODUCTS — M e a n s a r a w , c o o k e d , o r p r o c e s s e d edible substance, ice, beverage, or ingredient used or intended for use for sale in whole or in part for h u m a n c o n s u m p t i o n Includes, but is not limited to, meat, fish, game, poultry, fruit, vegetables, dairy products, ice which may be directly consumed or come in contact with food, drink, or milk, or any combination thereof. FOOD CODE – Means the United States Food and Drug Administration's Food Formatted: Font: (Default) Times New Roman, 12 pt Code, as amended from time to time, and any Food Code Supplement published by said administration. FOOD ESTABLISHMENT - Means an operation that (A) stores, prepares, Formatted: Font: (Default) Times New Roman, 12 pt packages, serves, vends directly to the consumer or otherwise provides food for human consumption, including, but not limited to, a restaurant, catering food service establishment, food service establishment, temporary food service establishment, itinerant food vending establishment, market, conveyance used to transport people, institution or food bank, or (B) relinquishes possession of food to a consumer directly, or indirectly through a delivery service, including, but not limited to, home delivery of grocery orders or restaurant takeout orders or a delivery service that is provided by common carriers. PERSON — Includes but is not limited to any individual, partnership, corporation, association, or public or private organization. TEMPORARY FOOD SERVICE ESTABLISHMENT - means a food establishment that operates for a period of not more than fourteen consecutive days in conjunction with a single event or celebration. VENDING MACHINE - means any self-service device offered for public use upon public or private property which, upon insertion of a coin, coins or token, or by other means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation; § 166-3. License required; applicability. [Amended 2-2-1998] A. No person shall manufacture ice which may be directly consumed or come in contact with food, drink and/or milk without first obtaining a license from the Director of Health or his duly authorized designee. B.A. No person shall store, process and/or prepare and/or sell, dispense and/or offer for sale any food products for human consumption without first obtaining a license from the Director of Health or his duly authorized designee. C.B. The provisions of this section shall apply to all persons engaged in the business of manufacture, processing, preparation, storage, sale and/or dispensing of food 166:2  products, including but not limited to restaurants, lunchrooms, soda fountains, itinerant food vendors and caterers and other eating places or facilities for the accommodation of the general public and dining facilities maintained by private businesses, educational institutions, fraternal organizations, religious organizations and social and other organizations, where the general public may or may not be admitted but where food products isare manufactured, processed, prepared, stored, sold and/or dispensed. Caterers, whether operating in public or semipublic dining facilities or as a service to the public generally, are also required to obtain a license as are itinerant food vendors, whether selling from any type of vehicle or on foot. D.C. No person shall operate a Class 2, Class 3Three, or Class 4Four food establishment as defined in the Connecticut General StatutesPublic Health Code without written documentation on file in the Department of Health offices that the person owning, operating or managing said food service establishment is a C e r t i f i e d F o o d P r o t e c t i o n M a n a g e r ( C F P M ) qualified food operator (QFO) as defined in the Connecticut General Statutes. Public Health Code. 166:3 § 166-3 MIDDLETOWN CODE § 166-4 § 166-4. Issuance and terms of license; fees. [Amended 9-5-1989; 1-5-1998; 6-1-1998] A. The Director of Health or theirhis duly authorized designee may issue a license required by this chapter upon written application on a form prescribed by the health department, and payment of the required fee, . and an inspection of the facility to ensure requirements of the Connecticut General Statutes, Regulations of the Connecticut State Agencies, the Food Code, and Middletown Code of Ordinances are met. The license shall be in the name of the person in charge on the site of the activity being licensed and is nonassignable. The license shall expire upon the expiration of the required state license for an activity, the conclusion of the special event for which the license was issued, or one year after the date of issuance, whichever occurs first. No portion of the fee will be refunded in the event of the termination of the license prior to its expiration date for any reason. If two or more types of licensed activities are carried on at one location and as part of one operation, only one fee shall be charged, which fee shall be the highest amount charged if any one of the activities was licensed separately. A license may be terminated by expiration, revocation or automatically when the person to whom it is issued ceases to be in charge. B. The required fees are as follows: (1) Class 1 Food Establishment $150, Class 2 Food Establishment $175, Class 3 Food Establishment $225, Class 4 Food Establishment $250.For each establishment serving food, drink, milk, or ice or any combination thereof, a minimum fee of $150 per year shall be paid. An additional $10 per year shall be paid for each 25 seats or fraction thereof beyond 25 seats. (2) For a food store, beverage shop, supermarket and similar establishment, Formatted: Right, Indent: Left: 0.74", No bullets or the fee shall be a minimum of $150 per year with an additional $50 per year numbering for every 5,000 square feet or fraction thereof beyond the first 5,000 square feet of area used to keep and/or for the sale of food products. (3)(2) For an itinerant food vendor or caterer, the fee shall be $10075 for a Class 1, and $150 for a Class 2 or Class 3 operation, per year per vehicle used in business. (4)(3) For food establishmentsservice facilities on public means of transportation, including but not limited to trains and boats, the fee shall be $100 per year. (5) For each temporary license for a temporary food establishmentselling and/or dispensing food, drink, milk, or ice or any combination thereof, the fee shall be $75. The temporary license shall be valid for a period not more than 14 consecutive days, which days shall be specified in the license. (6) For each theater, sports facility and other facility having a food concession or snack bar, there shall be a fee of $75 per year for each concession or snack bar. C. Churches, charitable and other nonprofit organizations, schools and municipal 166:4 § 166-4 FOOD AND FOOD PRODUCTS § 166-8 services shall be required to obtain a license but shall be exempt from payment of any fees. D. Retail establishments in which the sale of food is not the primary purpose (including but not limited to laundromats, liquor stores, video rental stores, pharmacies and gas stations) shall be required to obtain a license but shall be exempt from payment of any fees, provided that T i m e / T e m p e r a t u r e C o n t r o l l e d f o r S a f e t y potentially hazardous foods, as such term is defined within the Connecticut General StatutesPublic Health Code, are not sold by the establishment. § 166-5. Activities excluded. The following activities are excluded from the licensing and fee requirements of this chapter: 1 ) v e n d i n g m a c h i n e s , 2 ) f o o d s p r e p a r e d i n a r e s i d e n t i a l dwelling under 21a -62a of the Connecticut General Statutes a n d 3 ) nonpermanent fruit and vegetable stands which do not require preparation, refrigeration, cooking and/or heating of any kind, including but not limited to farmers' markets and roadside stands. § 166-6. E n f o r c e m e n t Revocation of license. Any license issued under this chapter may be revoked by the Director of Health or his duly authorized designee. A. Whenever the Director of Health or theirhis duly authorized designee finds Formatted: Numbered + Level: 1 + Numbering Style: violations of the Connecticut General Statutes, Regulations of the A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: Connecticut State Agencies, Middletown Code of Ordinances, or the Food 0.31" + Indent at: 0.56" Code, that food products are manufactured, prepared, processed, stored, kept, dispensed and/or sold in such a manner so as to create a hazard to the public health, he/she shall d o c u m e n t th e v i o la t io n s on the inspection report formissue a written notice to the license holder citing the conditions, specifying the corrective action to be taken, and specifying the timeframes for corrective action if the violation cannot be corrected at the time of inspection. Formatted: Not Expanded by / Condensed by B. The owner, operator, or person in charge may submit documentation of the completion of corrective action in a form and manner acceptable to the Director of Health or their Duly authorized designee. Formatted: Not Expanded by / Condensed by C. The Director of Health or their Duly Authorized Designee shall ensure the owner, operator, or person in charge has corrected any violations in accordance with the specified timeframes in the Food Code as documented on the inspection report form. Correction may be verified by reviewing photographic evidence, reviewing documentation, or conducing an on-site inspection. The Director of Health or Duly Authorized Designee shall document on the inspection report form how correction was made for each violation. D. If any violations identified by the Director of Health or their Duly Authorized Designee have not been corrected within the timeframe the following orders may be issued to correct the violations: Formatted: Numbered + Level: 1 + Numbering Style: (1) Reissuance of an order to correct the identified violations; 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" 166:5  (2) Training of food workers; (3) Replacement of the person in charge; (4) Development and implementation of a risk control plan; (5) Increased inspection frequency; (6) Suspension of the license; (7) Any other action deemed appropriate by the Director of Health, including but not limiting to a “show cause” hearing. Formatted: Not Expanded by / Condensed by period within which the action shall be taken. If the conditions, in the judgment of Formatted: Indent: Left: 0.56" the Director of Health or his duly authorized designee, constitute a substantial hazard to the public health, he/she shall revoke the license or order immediate correction. If correction is not made in the stated time, a written order shall be issued revoking the license and prohibiting further use of the place, vehicle or machine for the manufacture, processing, preparation, storage, keeping, dispensing and/or sale of food products. § 166-7 Suspension of license A. The Director of Health may summarily suspend a license based upon finding that an Formatted: Numbered + Level: 1 + Numbering Style: imminent health hazard exists due to gross insanitary conditions, an onset of A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: apparent foodborne illness outbreak, misuse of poisonous or toxic materials, 0.31" + Indent at: 0.56" extended interruption of electrical or water service, sewage backup, or other imperative circumstances that requires emergency action to protect public health, welfare, or safety. (1) Upon such action, the Director of Health shall issue a written order to the Formatted: Numbered + Level: 1 + Numbering Style: owner, operator, or person in charge of the food establishment, without prior 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: warning, notice of a hearing or a hearing. The order shall include: 0.56" + Indent at: 0.81" a. A statement communicating that the food establishment license is Formatted: Numbered + Level: 2 + Numbering Style: immediately suspended and that all food operations shall immediately a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: cease; 1.06" + Indent at: 1.31" b. The reasons for summary suspension with reference to the provisions to the Food Code that are in violation; c. The name and address of the Director of Health to whom a written request for reinspection can be made; d. A statement communicating that the owner or operator may request an appeal not later than forty-eight hours after issuance of such order. The Director of Health shall review the request for an appeal and, upon conclusion of the review, may vacate, modify or affirm such order. If affirmed by the director of health, the corrective actions specified by the food inspector shall be so ordered by the director of health. An owner or operator of a food establishment who is aggrieved by the affirmation or modification of an order by the Director of Health, including, but not limited to, an order to suspend the license to operate the food establishment, may appeal to the Commissioner of Public Health not later than three business days after the date of such person's receipt of 166:6  such order, who shall thereupon immediately notify the authority from whose order the appeal was taken, and examine into the merits of such case, and may vacate, modify or affirm such order. Formatted: Font color: Auto, Pattern: Clear e. The Director of Health or their Duly Authorized designee shall conduct a reinspection of the food establishment in which the license to operate has been suspended when requested by the owner or operator of the food establishment. Such reinspection shall take place within forty-eight hours of receipt of a written request that specifies how the violations were corrected, Formatted: Font color: Auto, Pattern: Clear § 166-8 Revocation of license Formatted: Indent: Hanging: 0.31" A. The Director of Health may, after providing an opportunity for hearing and appeal, Formatted: Font: (Default) Times New Roman, 12 pt revoke a license for serious or repeated violations of any of the requirements of this Formatted: Numbered + Level: 1 + Numbering Style: chapter, Food Code, Connecticut General Statute, or Regulations of the Conencticut A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: State Agencies, or for interference with the Director of Health or their Duly 0.25" + Indent at: 0.5" Authorized Designee, in the performance of their duties, or for cases where the Formatted: Font: (Default) Times New Roman, 12 pt license to operate has been obtained through nondisclosure, misrepresentation, or intentional misstatement of material fact. Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt (1) The Director of Health shall issue a written order to the owner, operator, or person in charge of the food establishment, without prior warning, notice of a Formatted: Font color: Auto, Pattern: Clear hearing or a hearing. The order shall include: Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: a. The reasons for the revocation of the license with reference to the 0.5" + Indent at: 0.75" provisions of this chapter, Food Code, Connecticut General Statutes or Regulations of the Connecticut State Agencies that are in violation; b. A statement that the license shall be revoked within 10 days of receipt of such order, unless a request for a hearing is filed with the Director of Formatted: Font: (Default) Times New Roman, 12 pt Health by the license holder within 48 hours of the notice being issued. If Formatted: Font: (Default) Times New Roman, 12 pt no request for a hearing is filed within 48 hours, the revocation of the license becomes final. c. If a written request for a hearing is filed with the Director of Health by Formatted: Font: (Default) Times New Roman, 12 pt the license holder or the person in charge within 48 hours following the Formatted: Font: (Default) Times New Roman, 12 pt service of such notice, the Director of Health shall thereupon immediately examine the merits of such revocation and may sustain, Formatted: Font: (Default) Times New Roman, 12 pt modify or rescind such revocation. The license holder or person in charge who is aggrieved by such action of the Director of Health and may, Formatted: Font: (Default) Times New Roman, 12 pt within three business days, appeal to the Commissioner of Public Health who shall thereupon immediately notify the authority from whose decision the appeal was taken and examine the merits of such case and may sustain, modify or rescind such action. Formatted: Font color: Auto, Pattern: Clear d. After a period of 60 days from the date of revocation, a written Formatted: Font: (Default) Times New Roman, 12 pt application may be made for the issuance of a new license. Formatted: Indent: Left: 1" Formatted: Indent: Hanging: 0.31" § 166-97. Display of license. Any license issued under this chapter shall be displayed in a prominent place. Failure to 166:7 so display the license shall be a violation of this chapter. § 166-108. Approval of new or remodeled establishments. [Amended 1-5-1998] A. Whenever a food service establishment is constructed or remodeled, and whenever an existing structure is converted to use as a food service establishment, plans and specifications for the physical layout of such establishment, including but not limited to the layout of the kitchen, bathrooms and dining area, along with a complete menu shall be submitted to the Director of Health, or theirhis duly authorized designee, for review and approval. The Director of Health, or theirhis duly authorized designee, shall approve the plans and specifications if they meet the requirements of the Connecticut General Statutes, Regulations of the Connecticut State Agencies, and Food CodePublic Health Code of the State of Connecticut. B. Approval of the Director of Health, or theirhis duly authorized designee, shall be separate from and independent of any other reviews, permits, inspections or approvals which may be required by other authorized officers of the City or state. 166:8 § 166-8 MIDDLETOWN CODE § 166-10 A p l a n review fee in the amount of $100 payable to the City of Middletown shall accompany plans for retail food stores of 10,000 square feet or more, or food service establishments which meet the Class 2, Class 3, or Class 4IV criteria as defined by the Connecticut General Statutes. state requirements. § 166-19. Inspection of damaged establishments. When a food, beverage, milk, and/or ice dispensing establishment incurs damage due to water, wind or fire, the Middletown dispensing license(s) will automatically be suspended pending a site inspection of the premises. Upon satisfactory completion of the inspection, the license shall be reinstated. § 166-120. Service in City-owned buildings. [Added 6-7-2010 by Ord. No. 59-10] No person shall cook or serve food in a building owned by the City of Middletown unless such person is a City of Middletown employee. Nonprofit organizations are exempt from the provisions of this section. The Common Council may authorize an exception to the provisions of this section. 166:9