[HISTORY: Adopted by the Board of Health of the Town of Plainville
1-23-2019. Amendments noted where applicable.]
This regulation is adopted by the Plainville Board of Health
under the provisions of Massachusetts General Laws, Chapter 111, Section
31 and 127A in the exercise of its power to protect the health and
welfare of the public.
A.Â
The Plainville Board of Health recognizes that an ideal food protection
program is supported by a partnership effort between industry and
food regulatory officials. Together, educated food handlers and effective
inspection programs can reduce the incidence of high-risk practices
which can lead to foodborne disease outbreaks.
B.Â
Other benefits of food manager training include providing industry
with a more professional approach to food safety, improving communication
between industry and regulators, increasing consumer confidence in
their food supply and avoiding negative economic impacts often associated
with foodborne disease outbreaks. Food establishments which have trained
food handlers are also more likely to be in compliance resulting in
less inspection and enforcement time spent by the Board of Health.
C.Â
Accordingly, the Board of Health declares that the purpose of this
regulation is to improve the general sanitation conditions in Plainville's
food establishments, thus protecting the public health and welfare
of the public.
D.Â
Food manager certification will ensure that these managers have knowledge
of the principles and practices of food sanitation with the primary
purpose of preventing foodborne illness and protecting the public
health in accordance with Chapter X of the State Sanitary Code, 105
CMR 590.000, Minimum Sanitation Standards for Food Establishments.
E.Â
According to Injury Facts 2017, choking is the fourth leading cause
of unintentional injury death.
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section. Any terms not specifically
defined herein are to be construed in accordance with the definitions
of Chapter X of the State Sanitary Code, 105 CMR 590.000.
Refers to the Town of Plainville Board of Health.
An individual who has shown proficiency of required information
through passing a certification examination that is part of an accredited
program recognized by the Department.
Refers to Chapter X of the Massachusetts State Sanitary Code,
105 CMR 590.000.
Refers to the Massachusetts Department of Public Health.
A marijuana product that is to be consumed by humans by eating
or drinking.
An operation that:
Stores, prepares, packages, serves, vends food directly to the
consumer, or otherwise provides food for human consumption, such as
a restaurant; satellite or catered feeding location; catering operation
if the operation provides food directly to a consumer or to a conveyance
used to transport people; market; vending location; conveyance used
to transport people not including farm trucks; institution; food bank;
residential kitchen in a bed-and-breakfast operation; residential
kitchen for a cottage foods operation; and
Relinquishes possession of food to a consumer directly, or indirectly
through a delivery service such as home delivery of grocery orders
or restaurant takeout orders, or delivery service that is provided
by common carriers.
A food establishment includes:
An element of the operation such as a transportation vehicle
or a central preparation facility that supplies a vending location
or satellite feeding location unless the vending or feeding location
is permitted by the regulatory authority; and
An operation that is conducted in a mobile, stationary, temporary,
or permanent facility or location; where consumption is on or off
the premises; and regardless of whether there is a charge for the
food.
Notwithstanding the exclusions set forth in the definition of
"food establishment" in 105 CMR 590.001, the following operations
shall be considered food establishments in the Town of Plainville:
Refers to all times during which personnel are on the premises
of a food establishment, including the hours prior to opening of the
food establishment and the hours after closing the food establishment.
Includes an individual, partnership, corporation, and association
or other legal entity.
An individual who is at least 18 years of age who is the
permit holder or is employed by the establishment that has supervisory
and management responsibility and the authority to direct and control
food preparation and service and who is a certified food protection
manager.
A.Â
No person shall operate a food establishment, as defined herein,
without a permit issued by the Board.
B.Â
All food establishments defined in this regulation must submit an
application and permit fee and supply all information required in
the Code and these regulations. Permits will be issued for the calendar
year, subject to an annual fee set from time to time by the Board
of Health. No permit fee will be pro-rated.
C.Â
All food establishments shall be operated in accordance with and
be subject to the Code and these regulations, as they may be amended
from time to time.
A.Â
Each food establishment shall employ a sufficient number of persons
in charge to ensure that the establishment and its employees are complying
with the Code, these regulations and all applicable laws concerning
the operation of the establishment.
B.Â
At the time of permit application, the Board will determine the number
of persons in charge that must be present on site during hours of
operation based on the nature and size of the operation.
C.Â
The permit holder shall ensure that the number of persons in charge
designated by the Board are on site and in charge during all hours
of operation. Unless otherwise specified by the Board, there shall
be at least one person in charge on duty during all hours of operation.
D.Â
The permit holder of a cottage food operation and/or residential
kitchen operation must be a person in charge.
E.Â
The permit holder shall be responsible for all violations of the
Code, these regulations and all applicable laws concerning the operation
of the establishment, even if they are not on site at the time of
the violation.
F.Â
The person in charge shall be responsible for all violations of the
Code, these regulations and all applicable laws concerning the operation
of the establishment during their designated shift, even if they are
not on site at the time of the violation.
G.Â
Once a person in charge terminates employment, establishments shall
have 60 days to employ a new person in charge or have an individual
enrolled in a Department-approved food manager certification program
in food safety. During said period of time, the permit holder shall
exercise best efforts to ensure that the establishment is properly
supervised at all times, and a vacancy in the position of person in
charge shall not relieve the permit holder of liability for any and
all violations occurring at the establishment.
H.Â
No person shall use the title "certified food protection manager,"
or in any way represent themselves as a manager certified in food
safety unless they hold a current certificate pursuant to these regulations.
A.Â
Every food establishment permitted to serve food on the premises
in the Town of Plainville shall have on its premises a device approved
by the Department of Public Health that is designed and intended for
use in removing food which may become lodged in a person's throat
or each such establishment shall have on its premises, when food is
being served, an employee trained in manual procedures approved by
the Department of Public Health to remove food so lodged in a person's
throat. Each trained employee must hold a certificate of training
approved by the Department. Each such establishment shall make adequate
provisions for insurance to cover employees trained in rendering such
assistance.
B.Â
No food service permit shall be issued or renewed unless the applicant
presents proof of compliance with this regulation.
A.Â
This regulation may be enforced by any agents of the Town's
Board of Health.
B.Â
In addition to the enforcement procedures and penalties set forth
in 105 CMR 590.014, whoever violates any provision of this regulation
may be penalized by a noncriminal disposition process as provided
in MGL c. 40, § 21D and the Town's Noncriminal Disposition
Bylaw.[1] If noncriminal disposition is elected, then any person
who violates any provision of this regulation shall be subject to
the following penalties:
C.Â
Subsequent offenses shall be determined as offenses occurring within
two years of the date of the first noticed offense. Each day or portion
thereof shall constitute a separate offense. If more than one, each
condition violated shall constitute a separate offense.
D.Â
The Board of Health may enforce this regulation or enjoin violations
thereof through any lawful process, and the election of one remedy
by the Board of Health shall not preclude enforcement through any
other lawful means.
If any provision or subpart thereof contained in this Food Permit
Regulation is found to be invalid or unconstitutional by a court of
competent jurisdiction, the validity of all remaining provisions or
subpart thereof shall not be so affected but shall remain in full
force and effect.
This regulation shall take effect immediately upon passage by
the Board of Health.
