[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown as Ch. 20 of the 1967 Code. Amendments noted where applicable.]
Every building, room, basement, enclosure or premises used or maintained as a bakery, confectionery, cannery, packinghouse, slaughterhouse, creamery, cheese factory, shop or warehouse or any public place or manufacturing establishment used for the preparation, manufacture, packing, storage, sale or distribution of any food or beverage, as defined by statute, which is intended for sale and located within the City limits shall be properly and adequately lighted, drained, plumbed and ventilated and shall be conducted with strict regard to the influence of such conditions upon the health of the operatives, employees, clerks or other persons therein employed and the purity and wholesomeness of the food therein produced, prepared, manufactured, packed, stored, sold or distributed.
The floors, side walls, ceilings, furniture, receptacles, implements and machinery in every establishment described in § 110-1 of this chapter or place where food intended for sale is produced, prepared, manufactured, packed, stored, sold or distributed and all cars, trucks and vehicles used in the transportation of such food products shall at no time be kept or permitted to remain in an unclean, unhealthy or unsanitary condition.
For the purpose of this chapter, unclean, unhealthful and unsanitary conditions shall be deemed to exist when:
Food in the process of production, preparation, manufacture, packing, storing, sale, distribution or transportation is not securely protected from flies, vermin and other insects, dust, dirt and, as far as may be necessary, by all reasonable means, from all other foreign or injurious contaminations.
The refuse, dirt or waste products subject to decomposition and fermentation incident to the manufacture, preparation, packing, storing, selling, distribution or transportation of such foods are not removed daily.
All trucks, trays, boxes, baskets or other receptacles or the chutes, platforms, racks, tables, shelves, knives, saws, cleavers or other utensils or the machinery used in moving, handling, cutting, chopping, mixing, canning or other processes are not thoroughly cleaned daily.
The clothing of operatives, employees, clerks or other persons therein employed is unclean.
All dishes, glassware, implements and cutlery must be sterilized between each use, either by the use of heat or a bactericidal solution approved by the health officer.
The sidewalls and ceilings of every bakery, confectionery, creamery, cheese factory and hotel or restaurant kitchen shall be so constructed that they can easily be kept clean, and every building, room, basement or enclosure occupied or used for the preparation, manufacture, packing, storage, sale or distribution of food shall have an impermeable floor made of cement or of tile laid in cement, brick, wood or other suitable material, which can be flushed or washed clean with water.
All factories, buildings and other places containing food shall be provided with proper doors and screens adequate to prevent contamination of the products from flies and other insects and vermin.
Every building, room, basement, enclosure or premises occupied, used or maintained for the production, preparation, manufacture, canning, packing, storage, sale or distribution of food shall have adequate and convenient toilet rooms or lavatories. The toilet room shall be separate and apart from the room where the processes of production, preparation, manufacture, packing, storing, canning, selling and distribution are conducted. The floors of such toilet rooms shall be of cement, tile, wood, brick or other nonabsorbent material and shall be washed and scoured at frequent intervals and maintained in a sanitary condition. Such toilets shall be furnished with separate ventilating flues and pipes discharging into soil pipes. Lavatories and washrooms shall be adjacent to toilet rooms and shall be supplied with soap, running water and towels and shall be maintained in a sanitary condition.
No operative, employee or other person shall expectorate on the food, on the utensils or on the floors or sidewalls of any building, room, basement or cellar where the production, preparation, manufacture, packing, storing or sale of any such food is conducted.
Operatives, employees, clerks and all other persons who handle the materials from which food is prepared or the finished product, before beginning work or after visiting the toilet shall wash their hands thoroughly with soap and clean water.
It shall be unlawful for any person to sleep or to allow or permit any person to sleep in any workroom of a bakeshop, kitchen, dining room, confectionery, creamery, cheese factory or any place where food is prepared for sale, served or sold, unless all foods therein handled are at all times in hermetically sealed packages.
It shall be unlawful for any employer to require, suffer or permit any person who is affected with any contagious or venereal disease to work or for any person so affected to work in a building, room, basement, enclosure, premises or vehicle occupied or used for the production, preparation, manufacture, packing, storage, sale, distribution or transportation of food.
It shall be unlawful for any person to use more than 2 1/2 feet of the pavement next to the building line for the purpose of selling, offering, exposing or displaying for sale foodstuffs of any nature whatsoever. All foodstuffs of any nature so displayed shall be kept not less than two feet elevated above the ground or pavement.
It shall be unlawful to keep, offer or expose for sale any meat, fish or dressed fowl unless the same shall be fully protected from flies, insects or animals coming in contact therewith. All foodstuffs, including fruits and vegetables kept or offered for sale in any storeroom in the City, shall be fully and completely protected by screens, netting or otherwise so that the same shall not come in contact with flies, insects or animals, excepting such foodstuffs as are kept in flytight containers.
All meat, bread or other food products in transportation from place to place in, through or about the City shall be protected in such manner, while in transit, as to exclude dust, flies or other insects.
It shall be unlawful for any person to sell, expose for sale or purchase for sale any freshwater bass, commonly known as "largemouth black bass," "smallmouth black bass" or "calico bass," and sometimes called "willow bass," within the City limits.
Every owner, lessee or occupant of any room, building or place of business used as a market, fruit stand, green grocery or for an occupation which involves the sale or handling of perishable fruit shall cause such room, building or place to be thoroughly cleansed and purified, and all offal, garbage and refuse shall be removed every 24 hours.
It shall be unlawful for any person to sell or offer to sell within the corporate or sanitary limits of the City any fish, fruits or vegetables, or anything intended to be used for human food, in a state of decay or corruption.