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HomeMy WebLinkAbout1987-03-23 87-120 ORDINANCE8]-120 "IntrWuced by cpancllor Shubert, March 23, 1987 CITY OF BANGOR (TITLE) (ftrbhUMCe, Amending _Chapter V, Article_2 of the ordinances of the City of HanCor -- Food Eatablishment Ordinance Be itodaimd by Mw Cftg Cmw off CYyWBaa ,aofp : THAT all of Chapter V, Article 2 be repealed and replaced with the attached. I 71 B _1 In City Counril March 23,1987 \ OHOIflA NE refered to code shot ordinance ' Amending Manner P article 2 of the ordinances of committee corelder rext (TITLE,) meeting the City of Banner food Establishment oMLierce In Cily CoUncil April 15,1987 con"der nest meet In City Council April 27,1987 Passed vote 9 yes Voting Yes aroxn,Ccx,Frankel,LemAcite `Su�ll�ivan�,,SSaaaWer,Pilley,Willey,ShuC rt ` Cityez— ��' u A IH u% Illi WW _C I Qglg of Paagar, dame BUREAU OF WOE ENFORCEMENT AND F IRE ?REVENTION THOMAS E. SMA�L NZME.RJaili j The purpose of replacing the proposed "Food Establishment Ordinance" from the 'Rules Relating to Eating and Lodging Places"(1979), is to parallel the State, both sets of regulations have come from the State. The State has recently adopted the "Food Establishment" regulations n place of the -Rules Relating to Eating and Lodging Places". The intent in adopting the new laws at the municipal level is to alleviate the restaurant o rs/food handlers from any conflicts n the laws enforced at the state and local levels, and to maintain continuity between the inspectors at the state and local level, in enforcement of the lawsgoverning food establishments. T.E.S. Ch. V. Art. P CHAPTER V. ARTICLE 2 FOOD ESTABLISHMENTS Section 3, Title. This itheFOOD ydCESTABLISHMENTreferrede shall be ORDINANCE®shallnd cited OF THE.CITY OFBANSOR." Section 2, State ofaMaine Rules and Regulations Adopted. In accordance with 30 MRSA. as 2156, the State of Maine "Rules Relating to Catering Establishments" adopted by the State of Maine Department accordance Humanwith22MRSA, effective January 1a 1987, in cc as 2491 et.seq., a hereby adopted and wincorporated in their entirety as if fully set forth herein. Section 3, Amendments to published Version. "The Rules Relating to Eating and Lodging Places" (1987) is adopted in its published form as if fully set forth herein, except as follows: 15 Section 1.2-F is deleted and replaced with the fallowing: 1.2-f CODE ENFORCEMENT OFFICER means the director of the Office of Code Enforcement and Fire Prevention. 21 Section 1.2-5 is deleted and replaced with the following: 1.2-J DEPARTMENT means the Office of Code Enforcement and Fire Prevention. 3) Sections 12.10 and 12.11 are deleted. 4) Section 13.1 is deleted and replaced with the foilcwing: 13.1 LICENSES A squired: N ap , corporation, firm copartnership may condulcr,control, manage or n operate for compensatio - directly c indirectly any eating establishment, eating and lodging establishmentsolodging piece,unless the me shall be licensed by the City Of Banger Lice s ,ed must be displayed i a place readily visible to customers or other persons using a licensed establishment. B. Any person, corporation, Firm or copartnership desiring a license shall submit satisfactory evidence or his, her or its ability to l comply with the m' standards of these ruleswhich may include documenting the adequacy of any private wastewater disposal system and/or the quality of the water supply. C. Each application for, or renewal of an annual license to operate an eating establishment, eating and lodging place, or lodging .place shall be submitted with the appropriate fee to the City Clerk of the City of Bangor. No such fee may be refunded. No license may be assignable or transferable. U. The specific annual license fees are set forth in Chapter IV; Article 2, Section 4 of the Laws and Ordinances of the City of Bangor. 5) Section 13.2 is deleted antl replaced with the following: 13.2 ISSUANCE OF LICENSES A. New Licenses: When any applicant is found, based upon inspection by the department or by the Department of Human Services (Division of Health Engineering), not in compliance with the requirements of departmental regulations, the department may refuse issuance of the initial license, but shall issue conditional licensefor up to 90 days, exceed when antlitions are found which present ,serious danger to the health and safety of the public. Failureby the conditional licensee tp meet the conditions Specified by the department shall permit the department to void the conditional license. R. Renewal of Lioenaes: The department shall, within 30 days of receipt of application by the City Clerk, and the prescribed fee,immile an aual license to operate any eating ' establishment, eating and lodging place, or lodging place which s found to comply with the rules and regulations of the department. C. The is of the license does not provide exemption from any otherstateorlocal laws, ordinances o regulatienso notwith- standing any other provision of the law• D. Licenses erroneously s usly issued by the department a void and shall be returned to the City Clerk on demand i notice delivered by hand or by certified nail to the licensee. For cause, the department may revoke or suspend any license. 65 Section 13.3 :s deleted and replaced with the following: 13.3 SUSPENSION OR REVOCATION: APPEALS A. Licenses may be temporarily suspendedv a voked after hearing, by the Code Enforcement Officer upon determination of a solation by the Code Enforcement Officer or his duly authorized representatives of the terms of this ordinance. Any applicant fore or holder, of a license may appeal any action of the Code Enforcement Officer to the City Council. The Council shall hold a public hearing on the matter within 14 days after receipt of notice of such appeal. Such appeal shall be in writing avid filed with the City Clerk and the Code Enforcement Officer. The Code Enforcement Officer shall be present at such hearing. The City Council, after such hearing, shall take action by the City Council Order in which they uphold, modify or reverse the action of the Code Enforcement Officer. B. Further appeals may be taken from any action of the Code. Enforcement Officer or the City Council to the Superior Court in accordance with the Maine Rules of Civil Procedure, Rule BOB. 7) Section 13.4 is deleted and replaced with the following: 13.4 Civil re iranents of 30 M.R.S.A. 5 4966 shelI apply to tM detennina[ion Of pe�ulties £or violatiws of Uis ordinance. ane minim,mi penalty for a specific violation of this Ordinance stall Ee $100 and the max� nalty shell L 52,500; rovided hauavec, [he mmimm nalt exceN 2,500 but shall not excess 25.000 when it can be shorn that there las been a previous tt victim of the same party within the past to (2) years fpr violation of the same ordi� provision. a ROLES RELATING TO EATING AND LODGING PLACES e9-/ada W SECTION 1 GENERAL PROVISIONS 1.1 PURPOSE These rules shall be liberally co nEtFued and applied to promote their underlying purpose of protectingthe public health. 1.2 DEFINITIONS A. APPROVED shall mean acceptable to the Department based o its determination asto conformance with appropriate standards and good public health practice. B. BED AND BREAKFAST means any establishment where the general public can stay overnight and are provided with a breakfast meal. This meal can be either va dull o-, continental type breakfast. If a evening meal is served a well,the establishment shall be Considered aneating and lodging establishment for licensing purposes. Licenses are required for anyone renting one Or more room(s) and serving food. C. CATERING ESTABLISHMENTS means any kitchen, commissary o similar place in which food or drink isprepared for sale or , elsewhere or for food service on the premises during special catered events. D. CERTIFIED FOOD SERVICE MANAGER; R person that is a full-timer on-site supervisory employee responsible far food preparation and service and meets the certification requirements of section 3.5. E. CUMMISARY means a catering establishment, restaurant, or any other place in which food, containers or supplies are kept, handled, prepared, packaged or stared. F. COMMISSIONER means the commissioner of the Department of Human Services. G. CORROSION -RESISTANT MATERIALS a means those materials that maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal u of cleaning compounds and bactericidal solutions, and other cantlitions-of-use environment. H. COTTAGE mosingle structure where sleeping accommodations are furnished to means public a a business far day, week, month, but not for more than the entire summer season. 1. CRITICAL VIOLATIONS relate directly to factors which lead to foodborne illness and must r mediate attention and be corrected a , possible Operatorseofeestablishments with critical v; olations,, shall notify the Department when corrections have been made.Critical violation means the following 1. Food from unapproved o unknown source, r food which may be adulterated, an contaminated, otherwise unfit for human comsumption is found in afood establishment; 2. Potentially hazardous food that is held longer than necessary sary far preparation or service at a temperature between 45 F and 140 F; S. Insufficient facilities to maintain product temperature; 4. Re -service of potentially hazardous food or unwrapped food that has been previously served to customers; 5. A person infected with au cable disease that can be transmitted by food, is working as a foodhandler in a food establishments 6. A person not practicing strict standards of cleanliness and personal' hygiene which may result in the potential transmission of illness through food, s employed in a food establishment; 7. Equipment, utensils and food -contact surfaces are not cleaned and sanitized effectively and may contaminate food during preparation, storage or service, S. Sewage or liquid waste is not disposed of i approved avid sanitary mariner, r the s wage arliquitl waste contaminates may contaminate any food, a sed to store or prepare food, or any areas frequented by customers or employees; 9. Toilets and facilities for washing hands are not Provided, property installed or designed, accessible e, convenient; 10. The supply of water is not from a approved s s not under pressure and the foodestablishment does not a Single Service articles and/or bottled water from an approved source; 11. A defect exists in the system supplying potable water that may result in the contamination of the water; 12. Insects, rodents orn other animals are present on the premises, in such numbers as toi increase the risk of communicable disease being transmitted to the publics IS. Toxic items are improperly labeled, stored or used; or 14. Any other violation of these regulations so designated by the Department to the license holder tint the violation has the potential to seriously affect the public health. J. DEPARTMENT means the Department of Human Services K. DORMITORY means a room in any establishment used for sleeping Purposes by four (4) or more unrelated persons. L. EASILY CLEANABLE m,s that surfaces are readily a sible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods. M. EATING AND LODGING PLACES DR LODGING PLACES means every building or Structure or any part thereof kept, used as, maintained a advertised as Or held out to the public to Be, a placewhere eating and sleepinq accommodations or sleeping a modest i <_ .onare e furnished to the public a businss such as hotels, cmotels, guest homes, cottages, and bed ane tl breakfast. N. EATING ESTABLISHMENT Means any place where food or drink is piepared and Or Served, served me thepublic for consumption on the o r cateringestablishments o establishments dispensing food firm vending `machines, or establishment preparing foods for vending machines dispensing foods other than in original sealed packages, such as hotels, motels, boarding homes, restaurants, mobile eating places, coffee shops, cafeterias, short order cafes, luncheonettes, grills, tearooms, sandwich shops, soda fountains, bars, cocktail lounges, night clubs, roadside stands, industrial feeding establishments, private or public. institutions routinely serving foods, retail frozen dairy product establishments, airports, parks, theatersp vacationamps or any other catering or nonalcoholic drinking establishments OF operations where food is prepared and served or served for consumption on the premises, or catering establishments where food is prepared, or where foods are prepared for vending machines dispensing food other than in original sealed packages. O. EMPLOYEE means n any person working 1 eating place establishment, who transportsfood or food containers,who engages in food preparation or who r contact with any food utensils o equipmentp and sshall e m include theproprietor or manager or any member ofhis family, if they handle said food or drink as well am any other person employed in or about eating places and who comes in contact with food, or food containers. P. EMPLOYER means the permit holder, individuals having supervisory or management duties and any other person working in a feed service establishment. Q. EQUIPMENT means stoves, o ranges, hoods, slicers, meat blocks, tables, counters, m refrigerators, sinks, dishwashing machines, steam tables, and similar items, other than utensils, used in the operation of a foodlservice establishment. R. FOOD m any r c cooked or processed edible substance, , beverage or Ingredient used or intended for use or for sale in wholeor in part for human consumption. S. FOOD CONTACT SURFACE means those surfaces of equipment and utensils with which food normally comes icontact, and these surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food. T. FOOD HANDLER means any person employed u working i a food establishment who handles foodand/or drink during preparation o ing, o who comes in , contact with any eating, drinking o cooking utensils, or who works in a roam Or rooms 1n which food or drinkis prepared, served, or stored. U. FOOD SERVICE ESTABLISHMENT means eating establishment or eating antl lodging place. Y. GHOST TRAY: (Schools only) A representative portion (i.e. normal individual serving) of potentially hazardous food products (able to accelerate rapid bacterial growth), dated and saved for 48 hours, to be used for investigative purposes in the event of a foodborne disease outbreak. W. HA2ARD ANALYSIS CRITICAL CONTROL POINT MACE% : A systematic evaluation of food preparation procedures to identify opportunities for bacterial contamination and growth. From this perspective a public health nitarian may then determine those civcumstance5 which could result in the development of foodborne diseases. X . HERMETICALLY SEALED CONTAINER means a container designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its content after processing. Y. IMMINENT HEALTH HAZARD includes but isnet limited to (1) a extended lass of water supply, (2) a extended power outage. (3) sewer r bark -up into the establishment, or (4) any other violation that has the potential to pose an imminent threat to public health. Failure to include other violations in this definition shall not be construed as a determination that other violations may not, in light of the circumstances, be found to pose an imminent health hazard. H. KITCHENWARE shall mean all multi -use utensils, other than tableware, used in the storage, preparation, conveying or serving of food. AA. LAW includes Federal, State, and local statutes, ordinances, and regulations. SB. MANAGER means any person, 1R years o r elde, who operates or responsible for operating a eating place, lodging Place, catering establishment or establishment preparing foods for vending machines dispensing foods other than in original sealed packages. CC. M061LE EATING PLACE shall mean a mobile vehicle including a pushcart designed and constructed totransport, prepare, soil o e food at a umber of silos and shall be capable of being moved from sits serving site at any time, not to remain more than 7 days at the same site. DD. PACKAGED means bottled, canned, cartened, or securely wrapped. EE. PERSON includes any individual, partnership, corporation, association, or other legal entity. FF. PERSON IN CHARGE means the individual present i a food establishment who is the apparentsupervisor of the food establishment at the time of inspection. If n individual is the apparent supervisor, then any employee present Ss the person in charge. GG. POTENTIALLY HAZARDOUS FOODS means any food that consists ists i whole o in part of milk o milk products, eggs, meat, poultry, fish, shellfish, edible c ustacea, or their ingredients, including synthetic ingredients, in a for capable of supporting rapid and progressive growth of Infections or toxigenic m -organisms. The term idoes not include clean, whale, unasked, odor -free shell eggs or foods which have a PH level of 4.6 or below or a water activity (awl value of 0.05 or less. HH. PRIVATE FACILITY is a facility funded by an individual, firm or corporation, and which is not a public facility. II. PROPRIETOR shall mean any person, IS years or older, corporation, firm, organization, m cipality or partnership who Operates o s esponsible for operating an eating place, or any catering establishment or establishment preparing foods for vending machines dispensing foods other than in original sealed packages. A. PUBLIC FACILITY is any facility funded in whole or part by municipal, state Or federal funs. These facilities shall include but not be limited to public schools, state controlled universities, mental and correctional facilities, etc. KK. RECONSTITUTED means dehydrated food products recombined with water or other liquids. LL. SAFE TEMPERATURES as applied tc, potentially hazardous footl, means temperatures of 45 F or below (for cold food) and 140 F or above (for hot foods) unless otherwise Specified in these regulations, antl 0 or below for frozen foods. MM. SELF-SERVICE SALAD BARS (DEFINITIONS) 1. SALAD BAR OPERATION means an area or areas where cold Salads and/or selatl ingredients are prepared, stored and displayed for consumer self-service. 2. SALAD BAR UNIT means the refrigerated unit where food is displayed for consumer self-service. a. SERVICING AREA means a designated location or locations equipped for cleaning, sanitizing or drying equipment, utensils and product modules. NN. SANITARIAN means a person whose education and experience in the biological andsanitary Sciences qualify him/her to engage in the promotion and protection of the public health. A sanitarian applies technical knowledge to solve problems of a sanitary nature and develops methods and carries Out procedures for Control of these factors of man's environment whichaffect health, safety and the well-being of others. 00. SANITIZATION means the effective bactericidal treatment by a process that provides enough accumative heat or concentrations of chemicals to reduce the bacterial count including pathogens, to a safe level on food contact surfaces of utensils and equipment. PP. SEALED shall mean free of cracks a other openings which permit the entry or passage of moisture, and bacterial, viral, cr other contaminants. 90. SINGLF_-SERVICE ARTICLES shall mean Cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping materials, toothpicks and similar articles which are constructed wholly or in part from paper, paper board, molded pulp, foil, synthetic, or readily materials, and which are intended by the therfacturers and generally y cognized by the public as for One-time, Mone -person use and then discarded. - BE. TABLEWARE shall maall multi -use eating and drinking utensils including flatware (knives, forks, spoons, dishware). SS. TEMPORARY FOOD ESTABLISHMENT shall mear a food service establishment' that operates at a fixed location fora period oftime of not more than 14 consecutive days in conjunction with a single event or celebration. IT. UTENSIL shall mean any tableware and kitchenware used in the storage, preparation, conveying, or serving of food. UU. VENDING MACHINE shall mean any self-service device offered for public use which, upon insertion of acoin, coins r taken or by other similar dispensess nit servings of , food without the ecessity Of replenishing the device between vending operations. VV: VENDING MACHINE ESTABLISHMENT means any establishment preparing foods far vending machines dispensing foods other than in original sealed packages. SECTION 2 FOOD CARE 2.1 FOOD SUPPLIES A. GENERAL L Food shall be in sand condition, free from spoilage, filth, or other contamination andshall be safe for human consumption. (5 of. demerit) 2. Food shall be obtained from sources that comply with all laws relating to food and food labeling. (5 . edemerit) 3. The as of foods in hermetically sealed containers that a not prepared in an approved food processing establishment is prohibited. (5 At. demerit) B. SPECIAL REQUIREMENTS 1. Fluid mill: and fluid mill: products used or served shall be pasteurized. Milk: Held and served in schools shall be maintained at 40 F or below. (2 pt. demerit) 2. Fresh and frozen shucked shellfish (oysters, clams or mussels) shall be packed i -returable packages identified with the n and address of the original n nal shell stock processor,-shucker-packer, or repacker, and the interstate certification number issued According to law. (1 pt. demerit) 3. Shell stock and shucked shellfish shall be kept in the container in which they were received until they are used. (1 at, demerit) 4. Only clean whole eggs., with shell intact and without cracks or checks, r pasteurized liquid, frozen or dry eggs or pasteurized dry egg products shall be used, except that hard-boiled, peeled eggs, I commercially prepared and packaged may be used. 15 At. demerit) 5. Sulfites may not be added to fresh, raw fruits and vegetables. (5 pt. demerit) 2.2 FOOD PROTECTION A. GENERAL 1. CONTAMINATION: At all times, including while being stored, Prepared, displayed, served, or transported, food shall be protected from potential contamination including, dust, Inserts, rodents, unclean equipment and utensilsunnecessary handling, oughs and s z flooding, drainage and overhead leakage or overhead drippage from condensation. (2 pt. demerit) 2. EMERGENCY OCCURRENCE. The person in charge of a food establishment that is affected by a fire, flood, extended power Outage similar significant occurrence that c eater a, nable probability that food in the food establishment may have beencontaminated or that the temperature of a potentially hazardous food may have caused that food to have become hazardous to health, shall take such action as 1s necessary to protect the public health and shall promptly notify the Department of the emergency. 2.3 FOOD STORAGE. A. Food whether raw - prepared, if removed from the container or package in a which it w obtained, shall bestored 10 a clean covered container except during necessary periods of preparation or service. B. GENERAL 1. Contac covers shall be imperviousand nonabsorbent except that linens or napkinsmaybe used for lining or covering bread or roll containers. (2 pt. demerit) 2. Solid cuts of meats shall be protected by being covered in storage, except that quarters or sides of meat may be hung uncovered o clean sanitized hooks if no food products are stored beneath the meat. (4 pt. demerit) 3. Containers of food shall be stored at least sly (6) inches above the floor, on clean racks, dollies, or other clean surfaces, in such a manns to be protected from splash and other contamination. (2 pt. demerit) 4. Food and containers of food shall not be stored under exposed o unprotected sewer lines or water lines. except for automatic fire protection.sprinkler heads that may be required by law. The storage of food in toilet rooms or vestibules is prohibited. (2 pt. demerit) 5. Food not subject to further Washing or cocking before s ing Shall be Stored in such ars to be protected against contamination frim food requiring washing or cooking. (2 pt. demerit) 6. Packaged food shall not be stored in contact with water or undrained ice. 12 pt. demerit) 7. Hermetically sealed cans once opened shall not be used for storage Of food. Exception; Shell stock and shucked shellfish shall be kept in the original container in which they were received until they as e used. Hermetically sealed packages shall be handled so as to maintainproduct and container integrity. (1 pt. demerit) C. REFRIGERATED STORAGE 1. THERMOMETER: Each mechanical refrigerated facility storing potentially hazardous food shall be provided with an indicating thermometer accurate to + or - 3 F., located in the warmest part of the facility in which food is stored, and of such ch type and so situated that the thermometer can be easily readable. (lpt. demerit) 2. OVERCROWDING OF REFRIGERATION: Enough conveniently located refrigeration facilities or effectively insulated facilities shall be provided to assure the maintenance. of potentially hazardous food at the required temperatures during storage. (2 Ft. demerit) 3. POTENTIALLY HAZARDOUS FOOD REQUIRING REFRIGERATION after preparation shall be rapidly cooled (cooling period of less than four hours) to an internal temperature of 45 F., or below. (S pt. demerit) 4. FROZEN FOOD: shall be kept frozen and shall be storetl at a temperature of 0 F. or below. (5 at. demerit) 5. ICE: Ice used for any purpose shall be manufactured from potable water. Ice intended for human consumption shall not be used a medium for e storing cooled food, food containers �r food utensils, except that such ice may be used for cooling tubes o conveying beverages orbeverage ingredients to a dispenser head. (2 At. demerit) D. HOT STORAGE I. Enough co ently located hot food storage facilities shall be providedto assure a the maintenance of food at the required temperature of 140 F or above during storage. (4 At. demerit) 2. Each hot food facility storing potentially hazardous food shall be provided with a numerically scaled indicating they meter accurate to 3 F. Recording thermometers, accurate to t - 3 F, may be used n lieu Of indicating thermometers. Where it is impractical to install thermometers on equipment such as bain-maries, steam tables, steam kettles, heat lamps, cal -rod units, o insulated food transport carriei s' imetal stemmed product thermometer musbe available and used tocheck nternal food temperature. (1 At. demerit) 2.4 FOOD PREPARATION - A. GENERAL 1. Convenient ent and suitable utensils such as forks, knives, tongs, spoons, Dogsand disposable gloves shall be provided and used to minimize direct manual contact with food at allpoints where food is prepared. (2 At. demerit) 2. Food shall be prepared on surfaces that have been cleaned, rinsed, antl sanitized to prevent crass -contamination. (4 pt. demerit) R. RAW FRUITS AND VEGETABLES 1. All raw fruits and vegetables shall be washed thoroughly before being cooked or served. (2 pt. demerit) C. LIQUID, FROZEN, DRY EGGS AND EGG PRODUCTS 1. Liquid,frozen, dry eggs, and egg products shall be used only for cooking and baking purposes. (R pt. demerit) D. THAWING POTENTIALLY HAZARDOUS FOODS 1. Potentially hazardous frozen foods shall be thawed as follows: a. In refrigerator units at a temperature not to exceed 45 F, or b. Under potable running water of a temperature of 70 F., or below, with sufficientwater velocity to agitate and float off loose food particles into the overflow; or C. In 8Microwave oven only when the food will be immediately transferred to conventional entional cooking £aro ilities as part of a continuous cooking process Dwhen the entire uninterrupted cooking process takes place in the microwave oven. (5 At. demerit) E.` SALAD BAR FOOD PROTECTION: - 1. Each salatl bar operation shall have de5lgnated preparation and servicing areas. It pt. demerit) 2. Food for use salad bars shall be protected from contamination during preparation. transportation, display, consumer self-service, refilling, and storage. (2 pt. demerit) 3. Food from a salad bar, returned to the establishment by the consumer, shall not he ve-used or re -sold. (5 pt. demerit) 4. Only containers or tableware provided by the establishment in the display area shall be used. (t pt. demerit) 5. Re -use of soiled tableware by self-service consumers returning to the display area fur additional food is prohibited.(2pt. demerit) F. SALAD BAR FOOD DISPLAY AND SERVICE 1. Potentially hazardous cold foods shall be maintained at 45 F, or below. 'potentially hazardous hot foods shall he maintained at 140 F Or above. ( 5 pt, demerit) 2. The salad bar unit shall not be under exposed overhead piping, or adjacent to storage areas far toxic items or bottle return facilities. (2 pt. demerit) 3.Use of their hands by consumers for self-service is prohibited. (2 At. demerit) 4. Dlspen ing utensils may include tongs, scoops, ladles and spoons. (t pt. demerit) 5. Dispensing utensils shall be protected against becoming contaminated by: (a) staring in the food with the utensil handle extending out of the food; or (b) storing clean and dry. (2 pt. demerit) 6. SALAD BAR EQUIPMENT AND UTENSIL MATERIALS: Product modules and utensils shall be constructed of safe materials and shall be corrosion -resistant, non-absorbent, smooth, easily cleanable and durable underconditions of normal use. (1 pt. demerit) 7. SALAD BAR EQUIPMENT AND UTENSIL DESIGN AND FABRICATION. a. Food shields (sneeze guards) shall be provided on all salad bar units and shall: (a) completely cover the salad bar unit from above; and nm (b) interrupt the direct line between the cosu month g an average height above the floor of 4'6" to 5'0")and thefood on display. (2 At. demerit) b. Refrigeration: (a) Adequate means of refrigeration shall be provided to maintain all potentially hazardous food products at 45 F. ar belowi and (b) ice shall be made from potable water from a, [ approved source Ice need for food display shall not be used for anyother purpose. (s Pt. demerit) r.. Product modules shall be easily removable from the salad bar. (2 pt. demerit) G: COOKING POTENTIALLY HAZARDOUS FOODS 1. All potentially hazardous food shall, except when being prepared, be kept at 45 F. or below, or 140 F. or above, to protect against spoilage. (5 pt. demerit) 2. Potentially hazardous food shall be kept at an interna} temperature of 45 F. or below or at an internal temperature of 140 F. Or above during display and service, except that r est beef shall be held for service at a temperatureof atleast 130 F. (5 Pt. demerit) 3. Potentially hazardous foods that have been cooked and then refrigerated, shall be reheated rapidly to 165 F., or higher throughout before being served or before being placed in a hot storage food facility. (5 pt. Maser itl a. Poultry, poultry stuffing, stuffed meats and stuffing containing eat shall be cooked to heat all parts Of the food to at least 165 F. with no interruption of the cookinq process. (5 pt. demerit) S. Pork and any food containing pork shall be cooked to heat all parts of the food to at least 150 F. (5 pt, demerit) C. Fare roast beef shall be cooked to aninternal temperature of at least r 130 F., and rare beef steak shall be cooked to a temperature of 130 F., unlessotherwise ordered by the consumer. (5 pt. demerit) 4. Meat salads, poultry salads, potato salatls, egg salads, cream -filled pastries, and other potentially hazardous prepared food shall be prepared (preferably from chilled products) with a minimum of manual contact, and on urfaces and with utensils which are clean and which, prior to use, have been sanitized. (5 pt. demerit) 5. Custards, cream fillings, or Similar products shall be kept at a safe temperature, 45 F. or below, except during necessary periods of preparation and service. (S pt. demerit) H. FOOD DISPLAY AND SERVICE 1.. All. potentially hazardous footl, when placed on display for service, shall be -kept hat or cold as required hereafter: a. If served hot, thetemperatureof such food shall be kept at 140 F. .'above; 15 of. demerit) b. If served cold, such food shall be displayed in or on a refrigerated an facility which c reducemaintain the producttemperature at 45 F., or below. (5 pt demerit) 2. Dispensing utensils may include tangs, forks, spoons, Picks, spatulas, oops, and other Suitable utensils and shall be provided and used by employees to reduce manual contact with food to a minimum. Fn Self- service by customers, similar implements shall be provided. (I of. demerit) 3. Dispensing scoops, spoons and dippers, used in Serving frozen desserts, shall be stored, between uses, n either i approved running -water dipper well, or in a manner approved by the Department, (2 pt. demerit) 4. Sugar shall be provided only in closed dispensers or in individual packages. (2 pt. demerit) S. When condiments are provided in all types of food -service Operations, they shall be packaged in individual portions in ingle service containers shall be dispensed from approved sanitary dispensers. (2 pt. demerit) I. ICE MAKING AND DISPENSING 1. Ice shall be made from water meeting the Primary Drinking Water Standards, in the ice making machine which is located, installed, operated and maintained so as to prevent contamination of the i r shall be obtained from a source approved by the Department. (SC Pi o demerit) 2. Ice shall be handled, transported and stored in such a manner as to be protected against contamination. (2 At. demerit) S. If ice crushers are used, they shall be maintained in a sanitary conditian. 12 At. demerit) 4. If iceused, approved containers and utensils shall be provided for storing and serving it i n a sanitary manner. Ice buckets, other containers, and scoops, unless they are of the single -service type, shall be of a smooth, impervious material and designed to facilitate cleaning. (2 At. demerit) 5. Ice scoops shall be kept in a stainless steel, impervious plastic, or fiberglass container in an area a that is from from contamination. The container and ice scoop shall be washed and s iitized daily or mounted side the machineso handle will not be covered with ice. (2 Pt. demerit) J. FOOD RE -SERVICE 1. Individual portions of food once served to a customer shall not be served again: provided, that "rapped food, other than potentially hazardous food, which is still wholesome and has not been unwrapped, may be re -served. (+ At. demerit) K. DISPLAY EWIPMENT 1. Where rapped food is placed on display in all types Of eating lat Operatio it shall be protected against contamination from customers a d other ou es by eff ctiv easily cleanable c unser-protectiv devi s cabinets display c containers, oher similar typeof protectiveequipment. Self-service opera ngs r Counter (sneeze/cough) guards shall be so designed and v arranged s to protect footlfrom contamination by customers. (2 At. demerit) If. FOOD TRANSPORTATION 1. During transportation, food and food utensils shall be kept in covered completely wrapped o packaged s as to be Protected from pntaminatio .ntainers or coFa dse n riginal package do not need to be over - wrapped o c red, if i the original acage has not beentarn or location Len. During transportation, including transportation to another for sere or catering opereticns, food Shall meet the requirements of these service relating to food protection and food storage. SECTION 3 PERSONNEL 3.1 EMPLOYEE HEALTH A. HEALTH OF EMPLOYEES AND DISEASE CONTROL' No person while affected with any disease in M COMMLnicable farm or while a carrier of such a disease, or while afflicted with boils, i ected wounds, s any acute gastrointestinal (diarrhea) n respiratory infections shall work in any area of a ford -service establishment in any capacity in which there is a likelihood of such person contaminating food or food -contact surfaces with pathogenic organisms, or transmitting disease to ether individuals. (5 At. demerit) 3.2 PERSONAL CLEANLINESS A. GENERAL: Employees shall maintain a high degree of personal cleanliness and shall conform to good hygenic practices during all working periods. (5 pt. demerit) B. HAND WASHING: Allemployees shall thoroughly Has their hands and arms with soap and w water before starting work, and shall wash hands during work hours ma often as may be required to remove soil and contamination and immediately after visiting the toilet room. The hands and fingernails of all employees shall be kept clean while engaged in handling food and food -contact surfaces. (5 pt. demerit) 3.3 CLOTHING A. The outer garments of all persons, including dishwashers, engaged i handling food or food -contact surfaces shall be clean. (2 pt. demerit) B. Hair nets% headbands, caps or other effective hair restraints shall be used by employees engaged indish and utensil washing and in the preparation and service of food to keep hair from food and food -contact surfaces. (1 pt. demerit) 3.4 EMPLOYEE PRACTICE A. TOBACCO:- Employees shall not use e tobacco i any form while engaged i food preparation o service, while i equipment and utensil washing r food -preparation a Designated location in such a may he approved Ey .the Department for smoking, where no contamination hazards will result.. (5 pt. tlemerit). S. UNAUTHORIZED PERSONNEL: Persona not necessary for the operation of the food s establishment shall not be permitted in the food preparation area. (Ipt.demerit) 3.5 CERTIFIED FOOD SERVICE MANAGERS A. The Department of Human Services recognizes that the storage preparation and s of food for the public requires a certain minimal knowledge of sanitation principles and practices. A food s manager should have n should acquire the training necessary to follow proper sanitary practices. A knowledge of these principles and practices can be demonstrated by becoming certified. B. Each eating establisbment or eating and lodging establishment should employ at least one certified food service manager who 15 a full-time% on-site supervisory employee of that establishment. C. In the State of Maine, the following will be accepted as meeting the requirements for certification. I. Having a valid and current ent food protection certificate demonstrating a passing 5 n theNational Education Testing Service's (CTS) Food Protection Certification Test. P. Having written proof of attending and passing a National Institute for the Food Service Industry (NIFI) training course. 3. Other credentials, training, or combination thereof a_ approved by the Department. O. Establishments requiring 2 repeat inspections due to multiple critical violations may be required to employ a certified food service manager. E. Establishments involved in a focdbcurne disease outbreak. may be required to employ a certified food service manager. SECTION 4 EQUIPMENT AND UTENSILS 4.1 MATERIALS A. All equipment and utensils shall be so durable under nn, mal conditions and operations as to be resistant to denting, buckling,pitting, chipping, crazing, and excessive r, and shall be capable of withstandingrepeated s rubbing,uring, and the corrosive actio of cleaning and sanitizing agents with which they come in contact with. 42 pt. demerit) 4.2 GENERAL A. Food -contact surfaces of equipment and utensils shall be smooth; shall be free of breaks, cracks, chIP53 pits and similar imperfections; shall be in good repair; and shall be easily cleanable. (2pt. demerit) A. Materials used as food -contact surfaces of equipment and utensilsshall, under use conditions, be corrosion resistant, relatively non-absorbent and nontoxic. (2 pt. demerit) 4.3 EQUIPMENT A. Equipment shall be located and installed in a nay that prevents food contamination and that also facilitates cleaning the equipment and the establishment. 42 pt. demerit) B. Food -contact surfaces of equipment shall be protected from contamination by consumers and other contaminating agents. Effective shields for such equipmentshall be provided, as necessary, to prevent contamination. (2 pt. demerit) 4.4 MOLLUSK, CRUSTACEA SHELLS, CHOPSTICKS A. Real mollusk, c ustacea shells, and wooden chopsticks may be used only once as a serving container or .utensil. Re -use of such items is prohibited. (2 pt. demerit) SECTION 5 CLEANING, SANITIZATION AND STORAGE OF EQUIPMENT AND UTENSILS 5.1 EQUIPMENT AND UTENSILS CLEANING AND SANITIZATION A. CLEANING FREQUENCY I. Tableware shall be washed, rinsed and sanitized after each use. (2 pt. demerit) 2. All kitchenware and food -contact surfaces of equipment used in the preparation, service, , display, o storage of potentially hazardous footl shall be maintained an a clean and sanitary manner. (2 pt. demerit) 3. To prevent cr- ontamination, kitchenware and food -contact surfaces of equipment shall be washed, rinsed, and sanitized after each use. (2 pt. demerit) 4. The cooking surfaces of grills, griddles, and similar cooking devices shall be clean and shall be free of encrusted grease deposits and other material. 12 pt. demerit) 5. Non -food -contact surfaces of all equipment used in the operation of a eating place establishment, shall be cleaned at such frequency as dry to be free of accumulations ofdust, dirto food particles, Bc antl other debris. 12 it. demerit) 6. Detergents and abrasives shall be rinsed off food -contact surfaces. (2. of. demerit) 7. Metal scouring pads abj'alerasive bricks shall not be used for cleaning the surfaces of grills, griddles and similar cooking devices. (2 pt. demerit) D WIPING. CLOTHS: .Moist clothes used for wiping food spills on kitchenware 'r food contact'surfaces of. equipment shall be clean and rinsed frequently,i chlorin solution.These wiping cloths shall he stored n the sanitizing solution between uses. (1 of. demerit) C. MANUAL CLEANING AND SANITIZATION 1. For manual washing, rinsing and sanitizing of all multi -use eating and/or drinking utensils and equipment a three bay metal sink shall be provided. For washing, rinsing and sanitizing with mechanical dishwashing a two bay metal wink shall be provided with the dishwasher. (4 pt. demerit) 2. All sinks used for washing and sanitizing of equipment and/or utensils shall be provided each with aminimum opening dimension of twelve, (12) inches, and a minimum depth of twelve (12) inches. Each compartment of such sinks shall be supplied with hot and cold running water. All sinks shall be kept clean. (2 At. demerit) S. A two compartment metal sink shall be provided for washing, rinsing and sanitizing of the equipment used in establishments preparing and serving sandwich type foods, using only spatulas, targe, or similar device$, and/or drinks served in single-servIcE utensils or the original containers. (4 pt. demerit) 4. Prior to washing, all equipment and utensils shall be pre£lushed or prescraped and, when necessary, peaaaked to remove gross food particles and soil. (IPt. r demerit) S. When manual dishwashing is employed, equipment and utensils shall be thoroughly washed In a detergent solution having a temperature of at least 120 F., and then shall be rinsed free of such solution. All eating and drinking utensils and, where required, the food -contact urfaces of all other equipment and utensils shall be sanitized by one of the following three methods: (2 pt. demerit) A. Immersion for at least one-half minute in clean hot water at a temperature of at least 170 F. (4 At. demerit) G. Immersion for at least one (1) minute ina clean solution containing at least fifty (50) P.P.M. of available chlorine as a hypochlorite and at a temperature of at least seventy-five (75 F.) degrees Fahrenheit. (4 pt. demerit) C. Other adequate sanitizing methods may be used, upon written approval by the Department. 6. Dish baskets used for manual washing shall be of such design as to permit complete immersion of the utensils and equipment components being nitized therein. Dish baskets, when not in use, shall be stored in a clean area off the floor. (I pt. demerit) D. MECHANICAL CLEANING AND SANITIZING 1. GENERAL a. jets, nozzles, and all parts of each machine shall be maintained free of chemical deposits, debris, and other sail. Automatic detergent dispensers, if used, shall be kept in proper operating condition.' (1 pt. demerit) G. The wash water shall be kept clean. (1 pt. demerit) C, An easily readable thermometer shall be provided in each tank r of the dishwashing machine which will indicate to a accuracy of p s 2 F., of the temperature of the water or solution therein. minus demerit) 2. The flaw pressure shall be not less than 15 0 more than 25 pounds per square inch on the water line at the machines and not less than in pounds per square inch at the rinse nozzles. A suitable gauge cock shall be provided immediately upstreamfromthe final rinse sprays to permit checking the Row pressure of the final rinse water.(I pt. demerit) 3. HOT WATER: a. Sustained hot water dishwashing machines shall maintain a constant temperature of 165 F., during all phases of washing and rinsing. (4 pt. demerit) G. The wash -water temperature shall be at least 140 F., and when hot water is relied upon for sanitization, the final or fresh rinse water shall be at a temperature of at least 100 F. (4 pt. demerit) 4. CHEMICAL: a. When chemicals a relied upon for s nitizetion, they shall be of a class or type approved by the Department, and shall be applied in such concentration and for such a period of time as to Provide effective bactericidal treatment of the equipment and utensils. (4 pt. demerit) P. Test Kits: When chemical sanitizing solutions are used for either manual ormechanical sanitization a approved test kit shall be provided and used to measure the residual of the sanitizing chemical solution used. (I pt. demerit) C. Machines (single -tank, stationary rack, door -type machines and spray - type glass washers) using chemicals for sanitization may be usetl• provided that: 1) The temperature of the wash water shall not be less than 120 F. .i (2 At. demerit) 2) Chemicals added for sanitization purposes shall be automatically dispensed. (3 pt. demerit) 3) The chemical sanitizing rinse water temperature shall be not less than 75 F., n r less thentemperature specified by the machine manufacturers <2 pt. demerit) 5. DRYING: In either manual or mechanical dishwashing and dater ndtization, all equipment, utensils and tableware shall be air-dried. (1 pt. demerit) 6. DISHRACK: Dishwashing racks, when not in use, shall be stored in a clean area off the floor. (1 pt. demerit) 5.2 EQUIPMENT AND UTENSIL HANDLING AND STORAGE A. HANDLING 1. Cleaned and sanitized equipment and utensils shall be handled in, way that protects them from contamination. Spoons, knives, and forksshall be touched only by their handles. Cups, glasses, bowls, plates and similar items shall be handled without contact with inside surface Or surfaces that contact the user's mouth. (1 pt. demerit) B. STORAGE 1. Cleaned and 'sanitized utensils and equipment shall be stored at least fl (6) inches above the floor inclean, dry location i eway that protects them from contamination by splash, dust, and other means. Equipment and utensils shall not be placed under exposed or unprotected lin s water lin except for automatic fire protection sprinkler e nklerheads that maybe equired by law. (1 pt. demerit) 2. Cleaned serving trays, glasses and cups shall be stored inverted. Other stored utensils shall be covered ox inverted, wherever practical. Facilities for the storage of knives forke, and spoons shall be designed and used to present the handle to the employee Dr consumer. (1 pt. demerit) C. SINGLE -SERVICE ITEMS 1. Single -service articles shall be stored in closed cartons or containers which protect them from contamination. (1 pt. demerit) 2. Such articles shall be handled and dispensed in such a manner as to prevent contamination of surfaces which may come into contact with food or with the mouth of the user. (I At. demeritl S. Single -service knives, spoons and forks packaged in bulk shall be inserted into holders or be wrapped by an employee who has washed his hands, immediately prior to Parting arwrapping utensils. Unless Ingle -service knive§, forks and spoons a a prepackaged, holders shall be provided to protect these items from contamination and present the handle of the utensil to the consumer. I1 pt. demerit) 4. Single -service articles shall be used only once. (1 pt. demerit) U. PROHIBITED STORAGE AREA 1. Food equipment, containers of foodr or single -service articles shall not be stored in locker rooms, toilet rooms or their vestibules, garbage rooms, or mechanical rooms. (I pt. demerit) SECTION 6 SANITARY FACILITIES AND CONTROLS 6.1 WATER SUPPLY A. GENERAL 1.. The water supply shall be adequate, Of a safe, sanitary quality, and from a source approved by the Department. 45 pt. demerit) 2. All water obtained from a surface water source such as a lake o stream shall be chlorinated to achieve a chlorine e residual after 30 minutes contact time of 0.25 P.P.M. free chlorine or 1.0 P.P.M. total chlorine. A written daily record of chlorine residual shall be maintained. R bacteriological analysis. and test for turbidity shall be conducted monthly when the establishment is in operation. (5 pt. demerit) B. TRANSPORTATION: All water, not piped into the eating establishment directly from the source, shall be transported, handled, stored and dispensed i sanitary manner, and must meet state requirements. (5 At. demerit) C. BOTTLED WATERS "Bottled and packaged potable water shall be obtained from ace that complies with all laws and meets the State of Maine Rules Relating to Bottling Water and the Federal Primary ' Drinking Water Standards. Such bottled and packaged water shall be handled and stored i a way that pr'ntects it from contamination. Bottled and packaged potable water shall be dispensed from the original container. IS pt. demerit) U. WATER UNDER PRESSURE J. Hot and cold water under pressure shall be provided in 11 areaswhere food is prepared, and where equipment and utensils are washetlexcept when deemed impractical, and SO stated in writing, by the Department. (5 At. demerit) 2. R constant supply of hot water shall be ready on demand at all sinks, lavatories, and/or dishwashers during the hours of Operation. 45 pt. demerit) E. WATER INSPECTED 1. All private water supplies shall be subject to inspection at all times. Water from such source shall not be used or supplied to the public unless samples therefrom have been tested and approved within the preceding twelve (12) month period by the Department orOther certified laboratories approved by the Department. (5 pt. demerit) 2. The source of all water supplies must be protected from pollution and treated in a manner satisfactory to the Department. (4 pt. demerit) 3. A copy of the water analysis shall be available on the premises. (5 pt. demerit) 4. Refer to Appendix A, summary of drinking water regulations. 6.2 SEWAGE DISPOSAL A. WATER -CARRIED SEWAGE All water -carried sewage shall be disposed of by means of: 1. Public sewerage system; or 2. An approved swage disposal system which i nstructed and Operated in conformance with applicable State and local laws: ordinances and regulations. (4 pt. demeritl _ 3. NON -WATER CARRIED SEWAGE: Non -water carried sewage disposal facilities Shall not be used, except where water carried disposal methods have been determined by the Department to be impractical. Under such conditionsp only facilities which have been approved by the Department shall be used, and operation of these facilities shall be in conformance with applicable State and local laws, ordinances, and regulations. (4 pt. demerit) 6.3 LAVATORY SUPPLIES AND MAINTENANCE A. An adequate supply of hand -cleansing soap or detergent shall be available at each lavatory. An adequate supply cf s nitary towels, or an approved hand -drying device, shall be available and conveniently ea ently located near the lavatory. Common towels and drinking cups are prohibited. Where disposable towels are used, waste receptacles shall be located conveniently near the handwashing facilities. (4 pt. demerit) D. Lavatories, soap dispensers, hand -drying devices and all other components of the handwashing facilities shall be kept clean and in good repair. (2 pt. demerit) 6.4 PLUMBING A. POTABLE WATER: The potable water supply piping shall not be directly connected with any non -potable water supply system whereby the non -potable water can be drawn or discharged into the potable water supply system. (5 pt. demerit) B. NDN -POTABLE WATER: P no n -potable water system is permitted for air conditioning, equipmentCooling, and fire protection, and shall be installed according to law. Non -potable water shall not directly Or indirectly contact food or equipment or utensils that contact food - The piping of any non -potable water system shall be durably identified o that it is readily distinguishable from piping that carries potable water. (S At. demerit) C. BACKFLOW: The potable water system shall be installed to preclude the possibility of backflow. Devices shall be installed to protect against backflow and backsiphonage at all fixtures and equipment where an air gap at least twice the diameter of the water system inlet is not provided between the water supply inlet and the fixture's flood level rim. No hose shall be attached to a faucet that is not equipped with a backflow prevention device. (5 pt. demerit) D. GARBAGE GRINDER: Food -waste grinders shall be seconstructed and installed as to comply with applicable State and local plumbing law=_, ordinances and regulations. (t At. demerit) E. GREASE TRAPS: If used, grease traps shall be located SO that it will be easily acssible for cleaning and shall he installed in conformancewith Maine State Plumbing Code. (I At. demerit) F. PLUMBING: All plumbing shall be maintained and comply with applicable State and local plumbing laws, ordinances and rules. (2 pt. demerit) 6.5 TOILET FACILITIES - A. Requirements far employees: 1. Toilet facilities shall be adequate and cbnveniently located, and shall be accessible to the employees at all times' <4 At. demerit) 2. Toilet facilities shall be installed in accordance with applicable state and local laws, ordinances, and regulations. (4 At. demerit) B. Requirements for customers: 1. By January 1, 1987, all eating establishments licensed by the Department and which prepare and serve food to the public for consumption i side z the promises shall provide at least one toilet for use by its customers. Exemptedfrom this requirement are catering establishments, establishments dispensing food solely from vending machines, pushcarts and mobile eating places, roadside stands, retail frozen dairy product establishments 07 any other such places where customers do not consume food inside the building where food is prepared and Served. (I At. tlemerit) _ 2. The toilets provided shall be clearly marked. (1 At. demerit) 3. There Shall be no charge for the use of customer toilets. 0 pt. demerit) 4. lavatory facilities shall be located within or immediately adjacent to all toilet rooms or vestibules. 5. Eating establishments, eating and lodging places or lodging places constructed, remodeled er enlarged after January 1, 1984 shall comply with 5 MRSA section 4594-A concerning handicapped accessibility. a. Establishments constructed after January 1. 1984 shall be accessible to the handicapped. b. Establishments remodeling [ enlarging costs which will exceed $150,000 shall be made accessible to the handicapped. 6. Fixtures and facilities elated to those toilets and lavatories required to be a sible to the handicapped shall be i conformance with the American National Institute Standards, ANSI A-117.1 (1980) orwhich r ever ANSI Standards are than current. However, whereas ANSI A-119.1 (1980) does allow for an alternate size toilet stall such alternate stall shall not be permitted under these regulations. Toilet stalls most minimally conform to the Standard Stall (depicted as Figure 30) as described in ANSI A-117.1 (1980) or whatever ANSI Standards are then current. 7. NUMBER) NATER CLOSETS shall be provided according to the following table; the number to be provided shall be based on the mawimum e numbr of persons employed at any one time at work on the premises for which the facilities are furnished. Minimum number of Number of persons facilities 1 to 9 1 10 to 24 2 25 to 49 4 50 to 74 6 75 to 100 8 Over 100 1 for each additional 30 persons C. REQUIREMENTS FOR LIQUOR LICENSE. If liquor ormalt beverages are to be ved in licensed eating, eating and lodging Or lodging places: the Liquor Commission requires that toilet facilities be provided for both male and female patrons. Water closets and lavatories shall be provided according the following table: (I pt. demerit) MALE FEMALE 1 to 49 1 1 50 to 99 2 1 100 to 149 3 2 150 to 199 4 2 200 to 249 5 3 250 to 300 6 3 Over 300 the ratio shall be one (1) per each additional 100 patrons of each sex. Urinals for males or urinals specifically designed for females may be provided in lieu Ofwater closets but consist of no more than one-third (1/3) of the required number of water closets. 6.6 TOILET ROOMS A. Toilet r shall be completely enclosed and shall have tight -fitting, self-closing doors. Such doors shall not be left open except during cleaning o- r maintenance. If vestibules are provided, they shall be kept in a clean condition and in good repair. (2 pt. demerit) B. Toilet rooms shall be ventilated to outside air. (1 pt. demerit) C. All plumbing fixtures shall be of sanitary design. (1 pt. demerit) 6.7 TOILET FACILITY MAINTENANCE A. Toilet facilities, including the toilet room and fixtures shall be kept clean and in good repair and 'free of objectionable odors. B. A'supply 'of toilat tissue shall be provided at each toilet at all times. 'Easilycleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms e o for w shall be covered. Such receptacles shall. be emptied at least once a day and more frequently when ,.necessary -to prevent excessive accumulation of waste material. l2 pt. aeaeat r' C. Signs requiring employees to wash their hands after using the toilet shall he posted in all toilet rooms. l2 pt. demerit) 6.8 HANDWASHING FACILITIES A. Lavatories shall be located within o mediately adjacent to all toilet rooms or vestibules. In all n establ,ishmerts, and establishments which are extensively altered, lavatories shall also be located within the are where food is prepared. 12 pt. demerit) 9. At least one lasatory with adequate hot and cold water, preferably from a combination supply fixture shall be provided for every 9 employees employed at any one time at work on the premises. it Pt. demerit) 6.9 GARBAGE AND RUBBISH A. CONTAINERS: All garbage and rubbish containing food waste shall be kept in containers, c nstructetl of durable metal o other approved types of material which do not leak and do not absorb liquids. Plastic bags and wet -strength paper bags may be used to line these containers, and they may be used for storage of garbage and rubbish inside the food Service establishment. All containers shall be provided with tight-fitting lids or covers. (2 pt. demerit) B. STORAGE 1. Garbage and rubbish containing food waste shall be stored sos to c be m inaccessible to All other rubbish shall be stored in a manner approved by theDepartment. 12 of. demerit) E. Storage r o enclosures shall be constructed of easily ,cleanable, washable materials and shall be vermin proofed. (2 pt. demerit) S. Garbage containers outside the establishment shall be stored either an an easily cleaned concrete slab: Sen sealed bitum us surface Or a rack which is t least 12 inches above the ground no(1 At. demerit) 4. Storage areas shall be clean, and kept free of litter. (2 pt. demerit) 5. Storage facilities shall be adequate for the proper storage of all garbage and rubbish. 6. The premises of the establishment shall be kept free of litter and dirt. (2 at. demerit) - J. Rufuse storage bins shall be maintained in a safe and Sanitary condition. (2 At. demerit) C. DISPOSAL 1. Outside storage of unprotected plastic bags or wet -strength paper bags or baled units containing garbage or rubbish is prohibited. Cardboard or other packing material not containing garbage or food wastes neednot be stored in covered containers. (1 at. demerit) 2. All garbage and rubbish shall be disposed of daily, or at such other frequencies as may be approved by the Department. Where -municipal or private disposal service is not available, the proprietor of any establishment shall dispose of the refuse by transportation to a disposal site approved by the local community involved, or by the State Solid Waste Program. (1 pt. demerit) 6.50 INSECT AND RODENT CONTROL A. Effective control measures shall be utilized to minimize n me imi a the presence of rodents, flies, cockroaches and other vermin onthepremises. (4 pt. demerit) B. In establishments preparing and/or serving food, or in mobile eating places, all openings to the outer a shall be effectively protected against the entrance Of flies and other flying insects by self-closing doors, closed windows, screening, controlled air currents or other effective means. (4 At. demerit) C. Screening material shall be not less than 16 mesh to the inch or equivalent. (1 pt. demerit) D. Screen doors to the outer air shall be self-closing{ and sc s for windows, doors: skylights, transoms, and other openings tothe outer air shall be tight -fitting and free of breaks. (4 pt. demerit) E. All openings to the outside shall be effectively protected against the entrance of edents. (4 pt. demerit) F. The premises shall be kept in such condition as to prevent the harborage or feeding of vermin. (4 it. demerit) G. Pesticides antl rodenticides. NO person shall apply insecticides or rodenticides except: 1. In accordance with the manufacturer's labeiingi antl 2. In such a way that food, food contact surfaces and the supply of potable water are not contaminated. (4 pt. demerit) SECTION 7: CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES 7.1 FLOOR CONSTRUCTION A. The floor surfaces in kitchen, mobile eating places, in all other rooms and a nwhich food i stored or prepared and i which utensilsare ashedeaand inwalk-in refrigerators, dressinq or locker r 5 and o toilet r m shall be of smooth, non-absorbent, and a sily cleanable c materials such as con rete, terrazzo, ceramic tile, durable grades of linoleum, or plastic,or tight wood impregnated with plastic or painted. (1 pt. demerit) 7.2 FLOOR CARPETING A. Carpeting may be used on the floor Of interior dining area s. Such carpeting shall be in good repair and kept clean. (1 pt.demerit) 7.3 PROHIBITIVE, FLOOR COVERING A. All floors shall be kept clean and in good repair. The u e of sawdust, pod shavings, peanut hulls or similar covering 25 prohibited. (1 pt. demerit) b. Carpeting shall be prohibited in food preparatin, equipment washing And utensil washing areas where it would be exposed to large amounts of gra and water, in food storage and toilet room areas where urinals or toilet, fixtures are located. (1 pt. demerit) 7.4 FLOOR DRAINS R. Floor drains shall be provided in floors which are water-flushed £or cleaning a which receive discharges of water o other fluid waste from equipments v Such floors Shall be graded to drain. (1 At. demerit) 7.5 MATS AND DUCKBOARDG A. Mats or duckboards, if used, shall be so constructed as to facilitate being cleaned, and shall be kept clean They shall be of such design and size as to permit easy removal for cleaning. (1 At. demerit) D. In all newor extensively remodeled establishments utilizing concrete, terrazzo, c c the o similar floor materials, and where water - flush cleaningmethodsare used, the junctures between walls and floors Mall be coved and sealed. In all other cases, the junctures between walls and floors shall not present a openseam of more than one -thirty, - second (1/321 of an inch. (1 At. demerit) 7.6 WALLS AND CEILINGS A. MAINTENANCE 1. All walls and ceilings, including doors, windows, Skylights, and milar closures shall be kept clean and in good repair. (1 pt. demerit) D. CONSTRUCTION 1. The walls, including non5upporting partitions, wall coverings, and eilings of walk-in refrigerating units, food preparation a eas , equipment -washing and utensil -washing areas, toilet r o and m vestibules shall be light-colored, smooth, nonabmirbentmc and easily cleanable surface. (I pt. demerit) C. EXPOSED CONSTRUCTION 1. Studs, joists and rafters shall not be exposed is walk-in food preparation a equipmentand utensil washing toilet rooms e and vestibules, and food storage a If s exposed i other rooms r they shall be finishedto provide an easily cleanable surfaceraa(l At. demerit) D. ATTACHMENTS 1. Light fixtures, vent coverss wall mounted fans, shelves, cabinets, decorative materials andsimilar equipment attached to walls and ceilings shall beeasily cleanable and shall be maintained in good repair and kept clean. (I At. demerit) E. COVERING MATERIAL INSTALLATION - 1. Wall and ceiling covering materials used, Such a sheet metal, linoleum• plastic, paper, and slmilar materials, Shall be s attached and sealed to the wall o ceiling as to leave no open spaces or cracks which would permit accumulation of grease or debris, r provideharborage for vermin. Acoustical materials may be used n the ceiling• provided ventilation is adequate to minimize grease and moisture absorption. (1 At. demerit) 7.7 CLEANING PHYSICAL FACILITIES p: GENERAL: Cleaning of floors and walls, except emergency cleaning of floors, shall be done during periods when the least amount of food is exposed, such as after closing or between meals. Floors, mats, duckboard5, walls, ceiling and attached equipment and decorative materials shall be kept clean. Only dustless methods for cleaning floors and walls Shall be used, such as vacuum cleaning, wet cleaning, or the use of dust -arresting sweeping compounds with brooms. (1 pt. demerit) 7.8 SERVICE SINKS - I - A. In now o an extensively remodeled establishments at least one utility sink or curbed cleaning facility with a floor drain shallbe provided and used for cleaning of mope Or milar wet floor cleaning tools and for the disposal of mopwater or similar liquid wastes. The use of lavatories, utensils -washing, equipment washing, cr food preparation Sinks for this purpose is prohibited. l2 pt. demerit) 7.9 LIGHTING A. GENERAL 1. Permanently fixed artificial light sou r s shall be installed to provide at least 20 foot candies (215lux) of light an all food preparation surfaces and equipment or utensil-washingwork levels. (1 pt. demerit) 2. Permanently fixed artificial light sourceshall be installed to provide, at a distance of 30 inches (762 mm) from the floor. a At least 20 foot candies (215 lux) of light in utensil and equipment storage areas and in lavatory and toilet areas. (1 pt. demerit) b. At least 10 foot candles (108 lux) of light in walk-in refrigerator units, dry food sorage areas, and all other Thi shall alsoincludediningareas during cleaning operations. (1 pt. demerit) S. PROTECTIVE SHIELDING 1. Shielding to protect against broken glass falling onto food shall be provided fpr all artificial lighting fixtures located over, by, or within food storage, preparation,service, and displafacilities, and facilities where utensils and equipmentarecleaned and st red. (t pt. demerit) 2. Infrared or other heat lamps shall be protected against breakage by shield surrounding and extending beyond the bulb, leaving only the face of'the'bulb-exposed '(1 pt. demerit) 7.10 VENTILATION - A. All rooms shall be adequately ventilated, and ventilation facilities shall bemaintained and operated so that all areas are kept reasonably free from excessive heat, steam, condensation, vapors, smoke,enbnoxious odor, or noxious fumes. (1 pt. demerit) B. Ventilation systems shall comply with applicableState and local fire - prevention requirements and when vented to the outside air, shall tlemerit) discharge in such manner as not to create a nuisance. C. Where intake air ducts are used, they shall be designed and maintained so 5 to prevent the entrance of dust, dirt, insects: or other contaminating materials. (I At. demerit) D. Ventilation hoods or other grease ring devices shall be installed wherever broilers, deep fat units, grills, ranges and other similar' devices are installed. (I At. demerit) E. Ventilation hoods and devices shall be kept clean and shall be designed to prevent grease or, ondensate from dripping into food or onto food preparation surfaces.Filters, where used, shall be readily removable for cleaning and replacement. (1 At. demerit) 7.11 PREMISES A. GENERAL I. The establishment and its premises shall be kept neat, clean and free of litter and rubbish. Only articles nary for the operation and maintenance of the food s establishment shall be stored on the premises. 11 pt. demerit) 2. Cleaning operations shall be conducted such n s to contaminationminimize f food and food contact surfaces. (1 pt. demerit) B. LINENS AND CLOTHES STORAGE 1. Clean clothes and linens shall be stored i clean place and protected from contamination until used. (1 of. demerit) 2. Soiled clothes and linens shall be stored in nonbsorbent containers washable laundry bags until removed for laundering. (1 At. demrit) 7.12 POISONOUS AND TOXIC MATERIALS A. MATERIALS PERMITTED:" Only those poisonous and toxic materials required to maintain the establishment and utensils, shall be present i any area used in connection with eating establishments. 15 At. demerit) B. LADELING OF MATERIALS: All containers of poisonous and toxic materials shall be prominently and distinctively marked or labeled for easy identification as to contents. 15 pt. demerit) 0. STORAGE OF MATERIALS: When not in use, poisonous and toxic materials shall be stored in ompartments which are used for other purposes, or in a plat ) which outside the food -storage, food -preparation and: - cleaned equipment and utensil storage r Bactericides and cleaning compounds shall not be stored in the same cabinet or area of the roo with insecticides, rodenticides, or other poisonous materials. (5 ptm demerit) D. USE OF TOXIC MATERIALS 1. poisonous or toxic materials shallnot be used in any way as to entami.nate food, equipment or utensils, no - to Constitute other hazards to employees or customers. (5 pt. demerit) 2. Poisonous compounds such asinsecticides and rotlenticitlesa i powdered form, shall have adistinctive color so as not to be mistaken for food. (5 pt. demerit) E. FIRST AID SUPPLIES AND PERSONAL MEDICATIONS. Employee first aid supplies and personal medications shall be stored in a way that prevents them from contaminating food and food -contact surfaoes. (5 pt. demerit) F. CLEANING EQUIPMENT STORAGE 1. Maintenance and cleaning tools such as broomsr mops, v cleaners and similar equipment shall be maintained and stored in way that does not contaminate food, utensils, equipment or linens and shall be stored in an orderly manner for the cleaning of that storage location. Il pt. demerit) G. ANIMALS. Live animals, including birds and turtles, shall be excluded from within the food service operational premises and from adjacent areas antler the controlof the license holder. This exclusion does not apply to edible fish, Crustacea, shellfish, or to fish in aquariums. Patrol dogs accompanying security or police officers, guide dogs accompanying blind personas hearing ear guide dogs accompanying deaf and hearing impaired persons ora guide dog trainer, shall be permitted n dining areas The security person, police officer, blind person, deaf and hearing impaired person and guide dog trainer shall be responsible for their dogs in public accommOdations. 14 pt. demerit) SECTION 8 MOBILE FOOD UNITS AND PUSHCARTS 8.1 MOBILE FOOD SERVICE A. GENERAL 1. Mobile food units or pushcarts shall comply with requirements of m thea ules except a otherwise a provitletl n this section. Ar :f operating at the s c site for more than a week, shall not be considered a mobile eating place andmust Comply mth all other 'sections of these rules and regulations. B. SINGLE SERVICE.-ARTICLESe Only single -service containers and eating and drinking utensils "shall be provided to the customers of mobile eating places. Such containers and utensils shall be dispensed directly by proprietor or employee. (1 pt. demerit) C. - WATER SYSTEM 1. All mobile eating places in which food is prepared shall be equippPetl with water tank having aholding capacity of not less than (IQ) gallons and provided with a mpigpto containing water, which complies with Section 6. such tank to Le easily removable for cleaning and s sanitation after each day's use. Water supply to be used for hantlwashing and minor cleaningpurpose. only. (2 it. bemer'it) 2. If liquid waste results from operation of a mobile food unit, the rite shall be stored in a permanently installed retention tank that has at least fifteen (15'G) percent larger capacity than the water supply tank. All sewage, including liquid waste, shall be disposed of according to law. (4 pt. demerit) 3. There must be available to each mobile eating Place, either at serving ors at the parking site, adequate facilities consisting of a sink withrunning ing hot and cold water for the washing ofthe equipment and utensils used in the mobile eating place. D. REFRIGERATION: There shall he adequate refrigeration and storage space provided in each mobile eating place that prepares or serves potentially hazardous foods. (5 pt. demerit) SECTION 9 ADDITIONAL SPECIAL SANITARY REQUIREMENTS FOR CATERING ESTABLISHMENTS 9.1 GENERAL A. All containers used to store, keep or hold food and/or drink for transportation from any caterer's premises to any site designated by the j customer for consumption, shall be of the following approved type: 1. Bulk containers and single service containers shall be leak -proof, and each provided with a adequate type of cover which will prevent the contents from spilling o and from beingcontaminated while in transit. 11 pt. demerit) 2. Any reusable container used in the transpiration of food shall be easilycleanable and capable of being sanitized. (1 pt. demerit) 3. Containers shall not be composed in whole o r part of any poisonous r deleterious substance which may e result in the contamination of the contents-in3grious to health. (1 pt. demerit) SECTION 10 ADDITIONAL SANITATION REQUIREMENTS FOR PRIVATE ,OR PUBLIC INSTITUTIONS ROUTINELY SERVING FOOD 10.1 GENERAL: A no 5moping sign shall be placed in all areas where food is prepared and where utensils are washed and sanitized. 10.2REFRIGERATORS: One-quarter (1/4)': cubic feet of refrigeration per meal served per day shall be provided. All containers used to stere, keep, or hold food for transportation from any private or public institution to any other site, shall comply with Section 9. (1 pt. demerit) 10.3 GHOST TRAYS A "ghost tray" ofportions of :food se rved each day shall be kept for forty-eight (48) hours. Each "ghosttray" shall be dated. 12 pt. demerit) SECTION 11 COMPLIANCE WITH CONSTRUCTION CODES 11.1 LIFE SAFETY CODES: The following codes shall be compiled with i construction and extensive renovation of eating and lodging Placese A. ELECTRICAL DISTRIBUTION SYSTEM: The electrical system Or electrical equipment shall comply with applicable state standards and regulations. (Title 32, Chapter 17, M.R.S.A.) B. OIL BURNER EQUIPMENT: Installation of oil burning equipment, tanks, and centralized fuel supply systems shall comply with the applicable state standards and regulations. (Title 32, Chapter 33, M.R.S.A.) 0. PLUMBING: The new construction or extensive renovations shall comply with the "Maine State Plumbing Code." (Title 22nD Sec. 42, and Title 30, Sec. 3221 (4), M.R.S.A.) D. LIFE SAFETY CODE 1. LIFE SAFETY CODE REQUIREMENTS. In order to have a license for an eating and nudging establishment, the establishment shall be in compliance with the appropriate chapters) of the 101 Life Safety Code. Yearly inspections shall be conducted. The applicant may be required to submit a statement from the Fire Marshall's office that they are in cnmpliance. 2. All new construction ny e extensive renovations shall comply with the current edition of the "Life Safety Cade." E. GAS APPLIANCE AND GAS PIPING: All installation of gas appliances and gas piping shall comply with the'crent edition of National Fire Protection Association Pamphlet 54 adopted by the State Of Maine. SECTION 12 ADDITIONAL ROLES .LODGING PLACES,. HOTELS, MOTELS, GUEST HOMES, COTTAGES AND RECREATIONAL CAMPS 12.1 REGISTERS A. The proprietor of any . recreational camp or lodging place shall keep slid maintain or cause .to be kept and maintained therein, a register in which shallbe inscribed the true name of each and every guest renting or occupying a roam or rooms, cabins, camps, and cottages. B. Such register shall be signed by the person renting such room ar rooms, cabins, camps, cottages, or by s under his direction. The proprietor r his agent shall writeoppositeeach name the number of room Or number of cab, and licenseumber OF any automobile othen nbeing used name operated by the egstrant. C. The proprietor or his agent shall keep and preserve the resord showing the date Of registration and duration of occupancy of each room, cabin, or cottage. Said register shall be available to any agent of this department upon request or to the representative of any law enforcement agency. 12.2 WATER SUPPLY A. The water supply shall be adequate, of a safe, sanitary quality, and from a source approved by the Department, and comply with Section 6.0. B. A copy of the water analysis shall be available on the premises. C. Ice shall be made and dispensed according to the rules under Sec. 2.1. 12.3 TOILET FACILITIES FOR EMPLOYEES: Toilet facilities for employees shall meet the requirements of these rules under Section 6.5. 12.4 HAND WASHING FACILITIES FOR EMPLOYEES: Hand washing facilities shall meet the requirements of these rules under Section 6.3 and 6.0. 12.5 SCREENING A. All openings to the outer as shall be effectively protected against the entrance of flies and otherflying insects by self-closing doors, closed windows, screening or other effective means. B. Screening material shall not be less than 16 mesh to the inch or equivalent. C. Screen doors to the outer air shall be self-closingl and screens for windows, doors, skylights, transoms, and other openings totheouter air shall be tight fitting and free of breaks. D. All openings to the outside shall be effectively protected against the entrance of rodents. 12.6SANITIZING DRINKING GLASSES . A. All drinking glasses furnished and used by guests shall be washed and sanitized after each day of occupancy, in sinks used only for dishwashing purposes with a suitable detergent and water having a temperature of at least 120 F., rinsed in clean hot water and then immersed setl for at least one-half minute clean hot",Nater of at least 170 F. otherwise sanitized a indicated i actions 5.1. D. Clean glasses not otherwise,. _protected shall be inverted on a clean surface. 12.7 COMMON DRINKING CONTAINER OR ANY COMMON TOWEL: No proprietor of any establishment shall provide f ,.use, orallow to be used any co tlrink , ntai ny cEm n towel tiyhis employees ar the public. 12.6 BEDDING' A. Each establishment which furnished lodging and provides bed, bunks, cots ore other sleeping places for the u of guests with sheets and pillow c oshall provide clean sheetse and pillow cases for each guest and it no case shall sheets Or pillow cases after once being used by any guest a guest be used for or by another guest without having been thoroughly washed. Any tern and/or soiled bedding, mattresses, sheets or pillow cases shall not be .used. 12.9 SLEEPING ROOMS A. VENTILATION: Each room used for sleeping purposes shall have at least window capable ofbeing Opened to provide ventilation. Where it is impossible to provide ventilation by mean Of a window in an external wall o s where storm windows a installed incapable of being opened, Some artificial or m echanical m of ventilation capable of recirculating the air in theroom at least Six times per hour shall be provided. B. MAINTENANCE: All rooms used for lodging shall be kept clean and in good repair. C. FLOORS: Carpeting where used an floors shall be clean and in good repair. O. TOILET FACILITIES[ Toilet facilities, lavatories and showers located i establishments shall be kept clean and in good repair. Hand cleanser and individual sanitary towels or dryers shall be provided at all lavatories. 12.10 GAS APPLIANCES A. All gas appliances, such a hot water heaters, space heaters, domestic clothes dryers, floor furnaces or Similar appliances shall net be installed or used in sleeping rooms, r room generally kept closed unless anted to an effective flue or vent and equipped with an automatic pilot and an automatic control valve. S. All gas refrigerators, ranges, and hot plates are hereby prohibited in sleeping rooms. 1.2.11 RECREATIONAL CAMPS AND DORMITORIES A. VOLUME: Each r recreational camps or dormitories used for sleeping purposes shall containatleast 50 square feet of floor space for each occupant. At least a seven -foot ceiling shall be. provided. S. SPACING: Beds, cots Or bunks shall be spaced not closer than 36 inches both laterally and end to end, and shall be elevated at least 12 inches from the floor. If double -deck bunks are used, they shall be spacetl not —.less. than 48 inches both laterally and end to end. The m m clear Space between the lower and upper bunk shall be not less than 29 inches. Triple -deck bunks are prohibited. SECTION 13 COMPLIANCE PROCEDURES 13.1 LICENSES A. License required: No person, corporation, firm or copartnership may conduct, control, manage or operate, for compensation, directly o indirectly, any eating establishment, eating and lodging place, lotlging place, recreational camp unless the sa shall be licensed by the s department. Licenses issued must be displayed in a place readily visible to customers orother persons- using a licensed establishment. D.. Any person, corporation,firmr copartnership desiring a license shall submit satisfactory evidence Of him, her o its ability to Comply with the minimum standards Of these rules which may include documenting the I adequacy of any private wastewater disposal system and/or the quality of the drinking water. C. Each application fon or for renewal of, a license to operate an eating establishment, eating and lodging place, loaning place, recreational camp shall be accompanied by a fee, appropriate to the size of the establishment notto exceed $40. No such fee may be refunded. NO license may be assignable cr transferable. 0. The specific annual license fees a ESTABLISHMENT TYPE ESTABLISHMENT SIZE BY NUMBER OF SEATS OR ROOMS 0-10 11-25 26-125 126 - Eating place 27.50 30.00 35.00 40.00 Eating and Lodging 27.50 30.00 35.00 40.00 Eating place mobile 30.00 for all sizes Vending machine 30.00 for all sizes Eating place and vending ,chine 27.50 30.00 35.00 40.00 Catering establishment 35.00 for all sizes Temporary food service stablishment 30.00 for all sizes Vending machine commisary 35.00 for all sizes Lodging Places 27.50 30.00 35.00 40.00 - Cottages 27.50 30.00 39.00 40.00 Eating place and catering 27.50 30.00 35.00 40,00 School lunch 30.00 for all sizes School lunch and catering 30.00 for all P5 Class R Tavern 27.50 30.U0 35.00 40.00 Vending machine location 4.00 per location Senior citizens meals 30.00 for all sizes Eating place takeout 27.50 for all sizes E. The fee for establishments in Portland, South Portland, Falmouth, Lewiston and Auburn is $10.00 regardless of the number of seats o rooms. 13.2 ISSUANCE OF LICENSES A. New licensesf When any applicant is found, based upon an inspection by the department r by municipal inspection, not in compliance with the requirements of departmental regulations the department may refuse issuance Of the. initial license, but shall 1 conditional licenseforup to. 90 days, except when conditions an e found which present -a seriousdanger 'to-tI16 health and safety of thepublic. Failure by the conditional licensee to meet the conditions specified by the department shall permit the department to void the conditional license. B. Renewal of licenses: The department shall, within 30 days following receipt of application, and the prescribed feesaual license t0 operate any eating establishment, eating and dodging place, lodging place, r eational amp, which is found tc comply with the rules and regulations of the department. C. The issuance of the license does not provide Exemption from other state r local laws� ordinances or regulations: notwithstanding any other provision of law. D. Licenses ar sly issued by the department are void and shall be returned to the department On demand i noticedelivered by hand or by certified mail tc the licensee. For came, the department may revoke Or suspend any license. 13.3 SUSPENSION OR REVOCATION: APPEALS A. When the department believes a license should be suspended or revokeds it shall file a complaint with the Administrative Court in conformity with the Maine Administrative Procedure Act, B. Whenever, upon inspection, conditions are found which violate these rules, or which may endanger the life, health or safety of persons living in or attending any licensed establishment, the department may request an emergency suspension of license of the Administrative Court pursuant to Title 4, Section 1153s and the co urt may grant suspension subject to reinstatement following a hearingbefore the court if cause is not shown. 13.4 PENALTIES A. Any person, corporation, firm or copartnership who shall operate any eating establishment, eating and lodging place, lodging place, recreational camp without first obtaining a license as required shall, upon conviction thereof, be punished by a fine of notless than $In nor more than $100, and upon End o subsequent conviction, shall be punished by a fine of not lessr than $100. Each day any such person, corporation, firm or copartnership operates without obtaining a license, shall constitute a separate offense. In the event Of any violation of these rules or 22MRSA sections 2491-2501, the Attorney. General may seek to enjoin further violations thereof, in addition to any other remedy. B. All ouch fees are for the license and the initial licensors inspection and follow-up inspection. When additional inspections are required to determine an applicant's eligibility for licensure, the department may charge an additional $10 fee to cover the costs of each additional inspection or sit. Failure to pay such charges within 90 days of the billing dateshall constitute grounds for revocation Of said license:s. unless an extension for a period not to exceed 90 days is granted .i writing by the commissioner. 13.5 INSPECTIONS A. The department and any duly designated officer or employee thereof shall ' have the right to enter upon and into the premises of any establishment licensed at any reasonable time i order to determine the state of compliance with any rules and regulations in force. Such right of entry and inspection shall extend to any premises which the department has reason to believe is being operated o maintained without a license, but such entry p inspection of any premses shall be made without the pemission of the owner r person i charge thereof, unless a complaint is first obtained from the n the DistrictCourt.. B. The inspector shall note any violations of these rules and leave a copy of his report at the establishment. C. Each violation of these rules in assigned a 1 to 5 -point demerit value. 1. A 5 -point demerit value i5considered the most serious violation. Critical violations are 4or5-point demerit violations 2. Violations of 4 or 5 -point demerit items shall be corrected as soon as possible but in any event within 10 days. 3. Violations of t and 2 -point demerit items shall be corrected before the next routine inspection. 4. Establishments which receive multiple 4 and 5 -point demerit items e end/or a umbersaoft and 2 -point demerit items may be subject to excessive inspection within 10 to '30 days. Failure to correct these violations b ore the follow-up inspection may result in any or all of the flowing. action by the Department: a. Release of information on the results of the inspection to the news media. It. Start of license revocation proceedings in the Administrative Court. C. Refusal to renew the license. 13.6 EXAMINATION AND CONDEMNATION OF FOOD A. Food may be examined o sampled by the Department a often as necessary for enforcement y of therules. The Department may, upon written notice to the owner or person In charge, specifying with particularity the reasons therefor, place ahold order on any food Which it believes i in solation of any section of the rules.The Department shall tag, label, or otherwise identify any food subject to the hold order may be v cated, w r the o r person i charge of the food may be directed by waitten order to denature or destroy such food or to bring it into compliance with the provisions of this Ordinance. 13.7 PROCEDURE WHEN INFECTION IS SUSPECTED A. When the Department has reasonablecause to suspect possible disease transmission by an employee of a food service establishment, :t may secure a morbidity history of the suspected employee o make any other investigation a indicated andshall take appropriate action. The Department may require any or all of the following measures. 1. The immediate exclusion of the employee from employment in food service establishments; '.. 2.. Restriction of the employservices m to s areaof the establishment where there. would be no danger of transmitting disease; S. -Adequate medical and laboratory examination of the employee and of other employees and of hisand their body discharges. Basis Statement: These rules endeavor to protect the health and safety of the people of Maine by requiring people who prepare and serve food and accept lodgers to obtain licenses and to show proof of providing the proper facilities to protect the public's health and safety. Enforcement and Penalties Statutory Authority: Re M.R.S.A. Section 2491 to 2501 Effective Date: March 1, 1979 Amended Date: January 1, 1987 APPENDIX A SUMMARY FOR DRINKING WATER REGULATIONS The State of Maine Drinking Water Regulations arm sresult of the Federal Safe Drinking Water Act, which became effective in June, 1977. This Act defined various water supplies as follows: A. A PUBLIC WATER SYSTEM has IS or rservice connections o regularly serves a minimum of 25 individuals daily for 30 days of the year.. B. A COMMUNITY WATER SYSTEM is a public water system which serves year- round residents such as municipal water systems, mobile home parks, etc. C. A NON -COMMUNITY WATER SYSTEM is a public water system which serves transients o intermittent u such as campgrounds, restaurants r motels, boysand girls campssett Establishments utilizing a surface water body as their primary water supply must: 1. Disinfect such supply with a chlorination system that is paced to flow proportionally. 2. Conduct an analysis for nitrate yearly. 3. Test for bacteria and turbidity monthly. 4. Test for chlorine residual daily, and submit aonthly report_ to the Divison of Health Engineering, State Houser 'Station 10, Augusta. Establishments utilizing ground water as their primary water supply must: 1. Submit quarterly (once every 3 months) samples for bacteriological - analysis, unless the establishmentl n question has a history of satisfactory test results, In Whichcase the test frequency will be reduced to yearly. E. Conduct an analysis for nitrate yearly. In the case of an unsatisfactory water analysis, the Maine Drinking Water Regulations require thatadditional samples (known asrechecks) be submitted, until at least two (2) consecutive samples are satisfactory. Depending upon the se,of the unsatisfactory water sample, the Maine Department of Human Services may require that a notice be posted explaining that there has been an unsatisfactory water sample, and what precautions should be taken. d` di summarize, if you are currently utilizing m bacteria source monitoring irhad uire satisfactory a and y tr telearm backer is analysis: the nis. On requirements (bacteria and nitrate yearly) e e Me s as in past years. Only the surface supplies will have to increase their monitoring as Previously stated.