City of Middletown, CT Food and Food Establishments

The Director of Health or a duly authorized designee shall 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 is 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 that are not safe, unadulterated, or honestly presented.

§ 166-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CLASS 1 FOOD ESTABLISHMENT

A retail food establishment that does not serve a population that is highly susceptible to foodborne 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

A retail food establishment that does not serve a population that is highly susceptible to foodborne 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

A retail food establishment that A) does not serve a population that is highly susceptible to foodborne 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

A retail food establishment that serves a population that is highly susceptible to foodborne 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, curing, or reduced-oxygen packaging for the purposes of extending the shelf life of the food.

DIRECTOR OF HEALTH

The Director of Health for the City of Middletown.

DULY AUTHORIZED DESIGNEE

An individual certified by the State of Connecticut to inspect food establishments, and designated to do so by the Director of Health.

FOOD

A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use for sale in whole or in part for human consumption.

FOOD CODE

The United States Food and Drug Administration's Food Code, as amended from time to time, and any Food Code supplement published by said administration.

FOOD ESTABLISHMENT

An operation that A) stores, prepares, 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

A food establishment that operates for a period of not more than 14 consecutive days in conjunction with a single event or celebration.

VENDING MACHINE

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.

No person shall store, process, sell, dispense and/or offer for sale any food for human consumption without first obtaining a license from the Director of Health or their duly authorized designee.

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, including but not limited to restaurants, itinerant food vendors, 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 is 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.

No person shall operate a Class 2, Class 3, or Class 4 food establishment as defined in the Connecticut General Statutes without written documentation on file in the Department of Health offices that the person owning, operating or managing said food service establishment is a Certified Food Protection Manager (CFPM) as defined in the Connecticut General Statutes.

§ 166-4 Issuance and terms of license; fees.

The Director of Health or their duly authorized designee may issue a license required by this chapter upon written application on a form prescribed by the Department of Health, 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.

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.

(2)

For an itinerant food vendor, the fee shall be $100 for a Class 1 operation, and $150 for a Class 2 or Class 3 operation, per year per vehicle used in business.

(3)

For food establishments on public means of transportation, including but not limited to trains and boats, the fee shall be $100 per year.

(4)

For each license for a temporary food establishment, the fee shall be $75.

(5)

Churches, charitable and other nonprofit organizations, schools, and municipal services shall be required to obtain a license but shall be exempt from payment of any fees.

Retail establishments in which the sale of food is not the primary purpose (including but not limited to laundromats, liquor stores, pharmacies, and gas stations) shall be required to obtain a license but shall be exempt from payment of any fees, provided that foods, as such term is defined within the Connecticut General Statutes, 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) vending machines, 2) foods prepared in a residential dwelling under Section 21a-62a of the Connecticut General Statutes, and 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 Enforcement.

Whenever the Director of Health or their duly authorized designee finds violations of the Connecticut General Statutes, Regulations of the Connecticut State Agencies, Middletown Code of Ordinances, or the Food Code, they shall document the violations on the inspection report form citing the conditions, specifying the corrective action to be taken, and specifying the time frames for corrective action if the violation cannot be corrected at the time of inspection.

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.

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 time frames 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 the duly authorized designee shall document the correction made for each violation on the inspection report form.

If any violations identified by the Director of Health or their duly authorized designee have not been corrected within the time frame, the following orders may be issued to correct the violations:

(1)

Reissuance of an order to correct the identified violations;

(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 limited to a "show cause" hearing.

§ 166-7 Suspension of license.

The Director of Health may summarily suspend a license based upon finding that an imminent health hazard exists due to gross insanitary conditions, an onset of apparent foodborne illness outbreak, misuse of poisonous or toxic materials, extended interruption of electrical or water service, sewage backup, or other imperative circumstances that require emergency action to protect public health, welfare, or safety.

(1)

Upon such action, 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 hearing, or a hearing. The order shall include:

(a)

A statement communicating that the food establishment license is immediately suspended and that all food operations shall immediately cease;

(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 no later than 48 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 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.

(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 48 hours of receipt of a written request that specifies how the violations were corrected.

§ 166-8 Revocation of license.

The Director of Health may, after providing an opportunity for hearing and appeal, revoke a license for serious or repeated violations of any of the requirements of this chapter, the Food Code, Connecticut General Statutes, or Regulations of the Connecticut State Agencies, or for interference with the Director of Health or their duly authorized designee, in the performance of their duties, or for cases where the license to operate has been obtained through nondisclosure, misrepresentation, or intentional misstatement of material fact.

(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 hearing, or a hearing. The order shall include:

(a)

The reasons for the revocation of the license with reference to the provisions of this chapter, the 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 Health by the license holder within 48 hours of the notice being issued. If 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 the license holder or the person in charge within 48 hours following the service of such notice, the Director of Health shall thereupon immediately examine the merits of such revocation and may sustain, modify, or rescind such revocation. The license holder or person in charge who is aggrieved by such action of the Director of Health may, 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.

(d)

After a period of 60 days from the date of revocation, a written application may be made for the issuance of a new license.

§ 166-9 Display of license.

Any license issued under this chapter shall be displayed in a prominent place. Failure to so display the license shall be a violation of this chapter.

§ 166-10 Approval of new or remodeled establishments.

Whenever a food establishment is constructed or remodeled, and whenever an existing structure is converted to use as a food 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 their duly authorized designee, for review and approval. The Director of Health, or their 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 Code.

Approval of the Director of Health, or their 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.

A plan review fee in the amount of $100 payable to the City of Middletown shall accompany plans for food establishments which meet Class 2, Class 3, or Class 4 criteria as defined by the Connecticut General Statutes.

§ 166-11 Inspection of damaged establishments.

When a food 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.

§ 166-12 Service in City-owned buildings.

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.