Date: Fri 18-Aug-1995

Publication: Bee

Author: KAAREN

Quick Words:

food-ordinance-international-

Full Text:

New Food Ordinance May Affect Local Food Fundraisers

B Y K AAREN V ALENTA

The Newtown Health District Monday adopted a revised food ordinance which will

have a significant impact on local businesses and events such as the annual

Middle School International Food Fair.

The ordinance, which incorporates provisions of the recently revised state

health code, greatly expands local regulations and gives enforcement powers to

local health officials.

"It has been 20 years since the food ordinance was written," Health Director

Mark Cooper said at the public hearing. "This is a long overdue update."

Mr Cooper praised Karen Cables, assistant sanitarian in the health district

office, for her work on the ordinance.

"When the ordinance was last drawn up in 1975 it basically only required

licensing and a fee," Ms Cables said. "It didn't cover temporary food

establishments or allow for suspension of licenses."

The ordinance applies to food service establishments such as restaurants,

cafeterias, luncheonettes, deli's and sandwich shops; caterers; itinerant food

venders including "pushcarts"; and temporary food establishments such as those

set up for the Labor Day Parade, the St Rose Carnival and the International

Food Fair.

Under the ordinance, temporary food service establishments now must be

licensed. Foods such as hamburgers and hot dogs, which require limited

preparation, may be served but other "potentially hazardous" foods such as

salads and sandwiches containing meat, poultry, eggs, fish or shellfish

generally are prohibited. Cold foods must be able to be maintained at 45

degrees F or below; hot foods at 140 degrees or above at all times.

No "potentially hazardous" foods prepared in a private home or an unlicensed

food facility may be used or sold at temporary food events. Home canned goods

also are prohibited. Most bake sale items and products such as maple syrup are

allowed, although baked goods filled with custard or cream-type fillings are

prohibited.

"This is all part of the changes made by the legislature to the Public Health

Code during the last legislative session," Mr Cooper explained. "We're going

to try to work with the school people to help them comply with this for events

like the International Food Fair. They will have to use the school cafeteria

kitchens or other licensed kitchens - such as those in restaurants, some

churches and firehouses - to do the actual food preparation."

The International Food Fair is the biggest fund-raiser held each year by the

Middle School Parent-Teacher Association. Foods representative of different

countries of the world are made at home by parents and brought to the school

cafeteria for a one-day eating extravaganza each March. Last year the fair

raised more than $4,000.

Vincenza McNulty, Middle School PTA co-president in charge of the food fair,

said the ordinance definitely will have an impact on the event.

"Certainly it could be an inconvenience because the food traditionally is made

the day before at parents' homes," she said. "There also are requirements for

using the cafeteria to prepare the food because of the school's liability

insurance. In order to use the cafeteria, groups usually have to pay for one

or two cafeteria personnel. This would impact on the food fair's profits."

Mrs McNulty said she would have to discuss the requirements of the ordinance

with school officials before the PTA can make any decisions about the future

of the food fair.

Recently the Rotary Club, which sells food such as hot dogs at the Labor Day

Parade, invited Mr Cooper to its meeting to teach a class in food handling

practices for temporary food events. This is the first year that the club, and

other organizations, must be licensed to sell food at the parade.

"We watched a videotaped presentation, and Mr Cooper spoke about safe food

handling practices," said Dot Baumert, 1994-95 Rotary Club president. "It's

pretty much common sense."

Under the new ordinance, any food establishment's license may be suspended by

the health district for violations of the code. After providing an opportunity

for appeal, the health director may revoke a license for serious or repeated

violations of the ordinance or the state health code or for interfering with

local health officials in the performance of their duties.

Qualified Food Operators

Another section of the ordinance which will impact local businesses is one

requiring that at least one employee be a "qualified food operator."

Food establishments such as restaurants and deli's which have on the premises

exposed "potentially hazardous" foods that are cooked and served to the public

must, by August 1, 1997, employ at least one qualified food operator who is a

full-time supervisor. This person must demonstrate a knowledge of safe food

handling techniques by holding a current, valid certificate from an

organization approved by the State Department of Public Health and Addiction

Services.

If the qualified food operator's employment is terminated, or the person is

transferred, a replacement must be made within 60 days. In some instances, the

health district may grant an additional 60-day extension.

The ordinance also creates a Restaurant Improvement Program to assist food

establishments which have ongoing inspection problems or consistently marginal

scores in their regular inspections.

½The owner or manager of the food establishments will have to meet with the

director of health and come up with some type of agreed improvement plan," Ms

Cables said. "They then must agree upon a schedule for correction of these

deficiencies and sign a contract agreed upon by both."

After one year of regular inspections, the food establishment's performance

will be reviewed. If it has satisfied the requirements of the contract, it is

removed from the improvement program. If not, it may eventually face closure

procedures.

The new ordinance also incorporates sections of the state building code so

that these requirements are met when plans are brought to the health

department for the construction or renovation of food service establishments.

For example, a restaurant which has a total occupancy of more than 15

(employees plus customers) must have separate men's and women's public toilet

facilities.

"These kind of building code regulations were incorporated into the food

ordinance because (the health department) approves the plans first," Mr Cooper

explained. "That way we don't wind up sending plans to the building department

which don't meet the code."

No members of the public attended the public hearing. "It's unfortunate that

the public hearing was held during August when so many people are away,"

Vincenza McNulty said.

Joan Crick, one of three members of the health district board, said she wished

the 12-page ordinance also included a regulation that anyone involved in food

preparation must wear hair nets. Mr Cooper said that regulation is part of the

state code. The code requires that hair restraints such as caps, chef hats and

hair nets must be worn by anyone who is involved in food preparation, Mr

Cooper said, although sometimes products like "invisible" hair nets are worn

and are not easily discerned.

The revised ordinance was unanimously approved by the health board. It takes

effect on August 27, 14 days from the date of the hearing.