[Adopted 12-11-1942]
Premises, vehicles, receptacles, utensils or refrigerators used for the storage, sale, distribution or transportation of foodstuffs shall be maintained in a manner satisfactory to, and shall be open at all times for inspection by, the Board of Health and its agents. All floor display stands for raw foods shall be elevated at least 18 inches above floor level.
Every person, firm, or corporation engaged in the storage, sale, distribution or transportation of foodstuffs shall cause his wares, or those under his charge, to be properly protected against all sources of contamination. No person shall expose for sale candy, delicatessen products or other foodstuffs which cannot be properly washed before consumption unless said foodstuffs are protected by glass covers or dust-proof containers.
All persons engaged in the storage, sale, distribution or transportation of foodstuffs shall provide adequate, covered containers for the reception of waste food products, and shall cause such containers to be emptied frequently and to be cleaned at least once every week in a manner satisfactory to the Board of Health. The vehicles of street peddlers or vendors of foodstuffs shall be construed to be included in this regulation.
All persons occupying premises used for the sale, dispensing or distribution of foodstuffs shall cause premises to be equipped with adequate toilet facilities and also adequate provisions for the cleaning of the hands; except that the Board of Health may, in writing, waive this clause if in its judgment adequate provision is made for cleanliness.
Every person employed in the handling of food for public consumption shall maintain his or her person and clothes in a clean condition, and before beginning work and after using toilets or water closets shall wash the hands and arms thoroughly, and rinse the same in clean water.
No person shall keep or store any foodstuffs intended for sale in any room used for living or sleeping purposes.
The owner, proprietor or manager of any establishment selling or dispensing liquids, beverages, drinks, food or other refreshments for consumption in or about the place of sale or dispensing shall cause all glasses, cups, spoons, forks, and other utensils used in such consumption to be thoroughly cleansed and scoured with soap and clean, hot water before use by another person. Individual cups or containers made with paper or similar material may be employed in lieu of dishes, and said cups or containers shall be destroyed after a single usage.
The operation of bakeries and slaughterhouses, and the manufacture of sausages and nonalcoholic beverages are regulated under the General Laws as follows:
Bakeries
MGL c. 94, §§ 2 through 10
Slaughterhouses
MGL c. 94, §§ 118 through 131
Sausages
MGL c. 94, §§ 142, 143 and 143a
MGL c. 94, §§ 186 through 195
Nonalcoholic beverages
MGL c. 94, §§ 10A and 10B
[1]
Editor's Note: Amended at time of adoption of Code.
[Added 7-13-1970]
The operator of each food service establishment shall provide adequate, conveniently located toilet facilities for its employees. When toilet facilities are provided for patrons, such facilities shall be installed separate and apart from the facilities provided for employees. Doors to toilet rooms shall not open directly into areas in which food is handled, served, stored or prepared.
[Added 10-14-1976]
Effective November 29, 1976, all sandwiches offered for sale in Beverly which are prepared in a location other than at the place so offered for sale or consumption shall be labeled with the date of preparation and the name and address of the person, firm or corporation responsible for their preparation.
[Added 11-13-1980]
The following regulations apply to mobile fish vending vehicles:
A. 
On-site filleting of fish is prohibited.
B. 
Fillets of fish sold shall bear the name and address of processor, packer, and/or distributor.
C. 
All shellfish shall bear an official tag giving the name and certificate number of the original shell-stock shipper, including the kind, quantity, and location.
D. 
Open-air processing of all products is strictly prohibited.
E. 
The operator shall maintain a sufficient quantity of ice from an approved source for display and reserve and maintain a safe temperature as defined by the Massachusetts Department of Public Health, Division of Food and Drugs.
F. 
Pick-up trucks shall have a permanent overhead structure of such size to protect from the direct rays of sun and other elements conducive to spoilage.
G. 
The truck body shall be clean and with no body rot; the bed of the body shall not be aesthetically unsuitable.
H. 
Plastic bags for initial wrapping and brown bags for final wrap shall be provided.
I. 
There shall be an approved and sealed scale by local Sealer of Weights and Measures inspector.
J. 
Wrapping boards shall be provided as needed.
K. 
Drainage of ice and fluids from barrels, containers, crates, and receptacles shall not be discharged into a street drain nor onto the surface of the ground or a street.
L. 
A fresh supply of soap, water, and paper towels shall be provided; common towels are prohibited.
M. 
Any person who has any communicable disease, or is a carrier thereof, or who has any open lesion of the exposed portion of the body shall not be permitted on the vehicle.
N. 
Smoking of tobacco while in service shall be strictly prohibited.
O. 
The vehicle shall be washed and sanitized as needed to prevent a nuisance while at its principal place of storage.
P. 
Sale of precooked fin or shellfish is excluded.