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Home My WebLink About2001-05-14 01-208 ORDERItem No. 01-208 Date: Item/Subject: ORDER- Deleting Chapter 124 and replacing it with new Chapter 124 FOOD ESTABLISHMENTS Responsible Department: Code Enforcement This Ordinance amendment deletes the current Food Establishment Code, last updated in 1990 and replaces it with the Food Code adopted by the State effective May 61 2001. This will keep us consistent with the State but more importantly addresses the science of emerging foodborne diseases that has been developed in the last 13 years. What the State is adopting and we are proposing is based on the 1999 FDA Food Code. Additional backup info attached. Department ead Manager's Comments: City Manager Associated InformIation:Q Hnance DireRor Ci olicitor Introduced for Passage First Reading 9'� q ,p �f Page of Referral z May/S, 6I 01-208 C . a. Aanigned to Courocnar Faantsm May, 14, 2001 CITY OF BANGOR (TITLE.) Ordinance, Amending the Cade of the City of Bangor by deleting Chapter 124, Food Establishments, and replacing it with new Chapter 124, Food Establishments, Be it ordained by the Gty ofBanyw, as follows §124-I. Title, Tris chapter sfsO be rcferted to and shell be cited as the "Food Esablisament Ordinance of the Cory ofBmgoa § 124-2. Catering Evlablishmm0. In accordance oils 30A MA.S.A. § 3003, the Sods ofMaice two Code 2001, adopted by the Sora of More recommend of Haven Services, and the Maine Department ofAddendum, Food and Ruml Resources, effective May 6, 2001, in accordance wiW 22 M.R.S.A. § 2491 a meq., are hereby adopted and incorporated in then comply as if My set forth herein. § 1243. Eating and lodging places. The Side ofsdawc Food Code 2001 is adoptedw its publisbed anon as ffMy on toed herein, event as follows: A. section 1-201.10(8)(70) is deleted and replaced with ted following: 1-201.10m)(]0)"Palmatmry awhoriry"means the local, state or federal audacity havingjunsdicdoa over the food ephbtidurem. The lural reguhary authority mems the Code Eoficement Diviaiw of now Cory of Bangor. B. Section 83 is Mitred and replaced with the renewing: 8-301 Licenses 8-301.11 Licemerequired. Noperso4corWm f orco ffshipmayconductconnol,mamgeor operate for wmpens'atioq shady or wdUMly, any enfing eatablisbmu4 eating and lodging esdbRshmem in lodging place unless the same stall be licenud by the Ciry ofBangm. Licenses issued most be iisplayed to a place readily cable to commencer or other persons used a licemed esoblishmem. 8-302.12 Any Epson, mmontimson or coparmeump adoring a Ranee sbml patient sadsfamwy evldeace ofn%her or as ability to comply with the common standmdp of flow, wes, which may include documenting the adequacy of my private wastewater disposal system ai on, gnadity of&a waleraupply. 8-302.13 Fact application fin, or renewal of, an a and booms in agents, on compag mbliebmeaS eating and lodging place or lodging place shall be rvlterand with the appmopmia s Ase bike City Clerk of the Cory of Bangor No such fee may be conceded. No boom may be assignable or transferable. 8-302.14 Vise specific a®val Rpmose keg me set AsM in Chapter 85, Business Liceosec § 854 of the code oftheavofRossor. IN CITY COONCIL Nay 14. 2001 First Reading Referred to Infrastructure and Development 5 ort Cadres CITY C"* IN CITY COUNCIL Ray 30. 2001 Merlon for Passage Made and Seconded Vote: 8 yea. 1 absent Councilars voting yes: Raldacci, Crowley. Fatalism, Farrington. Palmer, gunman. Trmble a vardauta Councilor Absent: Blanchette Passed C CLBQ 01-208 ORDINANCE Title, Anendlvg the Code of the City of gauger by deleting Chapter 124, Food Establishments. and Replacing it with New Chapter 124. Food eatablfairness to (far Referral Co I�� 9N G CCO a and Development Support Committee - 0U5115101 - 5 p.m.) Highlights from the 2001 Slate of Maine Food Code . "Gloved' handling of "ready -to -eat" foods is recommended i• Lowering of refrigeration temperatures from 45°F to 41°F to reflect current scientific knowledge of pathogenic bacteria such as listeria P Provision for a 10 year grandfathering of existing refrigeration equipment incapable of 41°F operation G Expanded section on recycling within a foodservice establishment ? Clear exclusion standards for ill employees O Clearer regulation of time and temperature controls for alternative service arrangements such as buffets and salad bar L Frequency of required cleanings for food contact surfaces Requirements far washing of fruits and vegetables before serving or incorporating into foods 0 Well defined core knowledge required by foodservice managers This code is based on the 1996 FDA Food Code. In 1993 the FDA completed the first major overhaul of the foodoode since WWII. In 1999 the code was updated again to take into account the state of the science with respect to emerging foodbome diseases such as, E Coli, listeria, shigella and Norwalk Virus; changing demographics of our population which is getting older and contains a larger percentage of persons with compromised immune systems the result of HIV infection, Hepatitis C infection, cancer treatment and diabetes; and, the dramatic increase in the number of meals eaten outside Me home as well as the increased availability of dining options and different ethnic and regional foods. &302 Easuanee vlltcema 8-30221 Newlixens'es. Whe¢evY vpplicevt is found'waedsryvv wspectiv¢hYthce Dinsion orby the Deparlmeiu ofHumav Sernces(Dhisim ofHcWtb PtgweeiuBl not fit compuevce whb fe requirement; of departmental mguls tions, We Divkwn my ref se ksuuace of We initial Nceme but shall keue a con lfoml Nceme for np m 90 &Ye, except when m¢ Wtims am food which ieesem a sesions danger to the beslf and safety of Ne public. FaJure by Poe mvWtioml ticmeee to meet the condition specified by the Division shalt permit the Dlvkim to void the cmdiboml became. 8,302,22 Renewal oflicenses. Ih Division shag w:Nw30 days ofmiipt ofa"ficafim by the ary Clak and the prescribed&¢, lone an mruil license W Operate any carob estob iehrmvt, eating and Wgmg Piece Or lodging piece which is fom l W cannily with the rules and rngulatio¢s offe Ernesov. 8-302.23 The bmeoce of fine Nome does est imu Wo exemption l any other tare or fowl hws, ordinances or regulabom, mtwitlutmdwg my other Prevision off¢law. 8-30324 Licemmn mmrously issued by the Division are void and shall be«0o-ced to the aty Clerk on d®d m notice delivered by bend on by wtified wiles the licensee. For cense, dere Division my revoke or suspem any Lceme. C. Section 8-703 is denied and replaced will Ore bellowing: 8-703 Susimxiv¢ or revocatla¢i appeals 8-703.10 Uccams my be teW.mmity suspended or revoked af¢f having by the Code liofirameo[ Officer upon dere®nation of a violation by We Code&*acsmem ONiar or his or ber duty auNmized reprwentetivw oftle mwofWeeewm. A YaMUGmtfrarhol&rofalittv yappmlmy ratio¢ of the Co& fiNotment OINce W tle BOW ofAppe�ls waccordemewith the pronubom vfChap&r 23, ArUch:1, BOW ofAppealz 8-703.11 PmferappmiswYbebkmfimrmYactim¢fthe Code Effort MOtScero Bcedvf Appwls0 We Superior Court w accvrdeae witb Poe Mance Mules of avlt Procedure, Rule 80B. D. S don&7Mk&ler mdreplm Mw fefolkwmg: &704.10 CNO Pew1Oa.'Mertgnuumev6 of 30.A M.R.SA§ 0452 ilWl apply to the&hmwetiov of peniltiw fr violations ofWesemks. Theixncrora penalty fr a specific violation of these rubes shall be$100 and the mximmpenelty sbell be$2,500; provided, boweve, Wert ft muxlrmm pe0ulry my exceed $2,500 but shall not escem $25,000 when it cm be showa that from has bcm a previous cowtiov ofrhe same party wiWw rise pis[ rwo years fr violation ofWe auw rule provision.