Chapter 8.04 FOOD HANDLING ESTABLISHMENTS

A. “Drinking places” means any place where drink is served to or provided for the public with or without charge, such as bars, taverns and soda fountains.

B. “Employee” means any person working in any of the establishments defined in subsections A, C, E and G who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed at any time in a room in which food or drink is prepared or served.

C. “Grocery,” “food market,” or “meat market” means any place, wholesale or retail, where food or meats, in bulk or package form, are provided for the public for preparation and service elsewhere. For the purpose of these regulations the term “restaurant” may apply to groceries, food markets, and meat markets. This section shall not be interpreted to include slaughterhouses.

D. “Health officer” means the State Director of Health; or the city or county health officer as defined in Sections 6085, 6091, and 6092 of Remington’s Revised Statutes of Washington, or their authorized representatives.

E. “Itinerant restaurant” or “itinerant drinking places” means one operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.

F. “Person” means person, firm, corporation, partnership, or association.

G. “Restaurant” means any place where food and drink is served to or provided for the public with or without charge; such as hotels, restaurants, cafes, cafeterias, boardinghouses, street vendors or stalls; private, public, parochial, or Sunday schools; churches and public institutions; and railway stations and recreational and labor camps; the term restaurant shall not be construed to mean those establishments or vendors which sell or deliver packaged foods which are not removed from their original containers from the time of processing and packing in an approved plant until reaching the ultimate consumer. Foods sold or delivered by such establishments and vendors shall be kept in clean containers or cabinets so constructed to prevent contamination by dust, insects, etc.; such foods which are perishable shall be kept at a temperature of 50 degrees Fahrenheit or less.

H. “Utensils” means and includes any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation or serving. (Ord. 1025 § 1, 1949).

8.04.020 Inspection required – Report – Display and filing required.

At least once every six months the health officer shall inspect every restaurant and every drinking place located within his jurisdiction.

One copy of the inspection report shall be posted by the health officer upon an inside wall of the restaurant or drinking place, and said inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the jurisdictional health department. (Ord. 1025 § 2, 1949).

8.04.030 Sanitation requirements generally – Compliance required.

All restaurants and drinking places shall comply with the following items of sanitation codified in MVMC 8.04.040 through 8.04.270. (Ord. 1025 § 3, 1949).

8.04.040 Floors.

The floors of all rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, well drained, and shall be kept clean and in good repair. Floors shall be of concrete, terrazzo, tile, wood covered with linoleum, or tight wood free from cracks. If floor drains are used, they shall be provided with proper traps. (Ord. 1025 § 3 (Item 1), 1949).

8.04.050 Walls and ceilings.

Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be painted, preferably in light color, or calcimined or otherwise finished at frequent enough intervals to maintain the surface in a clean condition. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray. Evidence of splash or spray above the impervious surfacing shall be deemed a violation of this item and shall be sufficient cause to require additional impervious surfacing. (Ord. 1025 § 3 (Item 2), 1949).

8.04.060 Doors and windows.

When flies are prevalent, all openings into the outer air shall be effectively screened, with not less than 16-mesh screen, and doors shall be self-closing; or fans of sufficient power to prevent the entrance of flies shall be in use at all otherwise ineffectively screened openings. (Ord. 1025 § 3 (Item 3), 1949).

8.04.070 Lighting.

All rooms in which food or drink is stored, or prepared, or in which utensils are washed, shall be provided with artificial light sources equivalent to at least 10 foot-candles at a distance of 30 inches from the floor or working surfaces, as measured by a suitable light meter, and such artificial light sources shall be in use except when equivalent natural light is present. This requirement does not apply to dining rooms. (Ord. 1025 § 3 (Item 4), 1949).

8.04.080 Ventilation.

All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be sufficiently well ventilated to prevent the accumulation of disagreeable odors and condensation upon interior surfaces. This requirement shall not apply to cold storage rooms. (Ord. 1025 § 3 (Item 5), 1949).

8.04.090 Toilet facilities.

Every restaurant and drinking place shall be provided with adequate and conveniently located toilet facilities on the premises for its employees, conforming with any local ordinances which are in effect. The doors of all toilet rooms shall be self-closing. Booths open at the top shall not qualify as adequate toilet rooms. Toilet rooms shall be kept in a clean condition, in good repair, the walls free from defacement, well lighted, and well ventilated to the outside air. Signs shall be posted in each toilet room used by employees, directing employees to wash their hands before returning to work. In case privies or earth closets are permitted and used, they shall be separate from the restaurant or drinking place, and shall be of a sanitary type constructed and operated in conformity with the rules and regulations of the state Board of Health. (Ord. 1025 § 3 (Item 6), 1949).

8.04.100 Water supply.

A. The water supply shall be easily accessible to all rooms in which food is prepared or utensils are washed, and shall be adequate, and of a safe, sanitary quality.

B. When a public water supply is not available, and it is necessary to resort to a well, spring, or other source of water supply, no person shall maintain such well, spring, or other source of water supply used for drinking or culinary purposes, and to which the public has or may have access, and which is polluted, or which is so situated or constructed that it may become polluted in any manner that may render such water supply injurious to health.

C. The health officer may make such investigations as deemed necessary, and if upon investigation the water supply is found to be, or may become, a menace to health, the supply shall be abandoned in a manner that will prevent its further use for drinking purposes, or such alterations or changes shall be made as deemed necessary to produce a safe drinking water in accordance with the recommendations of and within a time limit set by the health officer. (Ord. 1025 § 3 (Item 7), 1949).

8.04.110 Lavatory facilities.

Adequate and convenient handwashing facilities shall be provided, including warm water, soap, and approved sanitary towels. The use of a common towel is prohibited. Dishwashing vats shall not be accepted as washing facilities for personnel. No employee shall resume work after using the toilet room without first washing his hands. (Ord. 1025 § 3 (Item 8), 1949).

8.04.120 Utensils and equipment – Materials and construction.

All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment or utensils used in connection with the operation of a restaurant or drinking place, shall be so constructed as to be easily cleaned and shall be kept clean and in good repair. All surfaces of multi-use utensils and equipment with which food or drink comes in contact, shall be free of breaks, corrosion, open seams, cracks, and chipped places. (Ord. 1025 § 3 (Item 9), 1949).

8.04.130 Utensils and equipment – Cleaning requirements.

All equipment, including display cases or windows, counters, shelves, tables, meat blocks, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters, chefs, and other employees shall be clean. (Ord. 1025 § 3 (Item 10), 1949).

8.04.140 Utensils – Cleaning – Multi-use requirements.

All multi-use eating and drinking utensils shall be cleaned after each usage, and all multi-use utensils used in the preparation or serving of food and drink, shall be thoroughly cleaned immediately following the day’s operation, in such a manner as to be clean to the sight and touch. (Ord. 1025 § 3 (Item 10), 1949).

8.04.150 Utensils – Cleaning – Method.

The cleaning may be accomplished by prerinsing, followed by washing in warm water, 110 degrees Fahrenheit, containing an adequate amount of an effective soap or other effective detergent to remove grease and solids. (Ord. 1025 § 3 (Item 10), 1949).

8.04.160 Utensils – Cleaning – Bactericidal process required.

After cleaning, all such utensils shall be effectively subjected to one of the following bactericidal processes:

A. Method I: Immersion for at least two minutes in clean, hot water, at a temperature of at least 170 degrees Fahrenheit, or for one-half minute in boiling water. Unless actually boiling water is used, an approved thermometer shall be available convenient to the vat. The pouring of scalding water over washed utensils shall not be accepted as satisfactory compliance. Where this method is employed, there shall be provided a hot-water heater, capable of maintaining a water temperature of at least 170 degrees Fahrenheit in the vat at all times during business hours. The heating device may be integral with the immersion vat.

B. Method II: Immersion for at least two minutes in a chlorine rinse, containing at least 50 parts per million of available chlorine, if hypochlorites are used; or a concentration of 100 parts per million if chloramines are used. The rinse should be made up to double strength, and shall not be used after its strength has been reduced to below the specified concentration in parts per million. When this method is employed, a three-compartment vat shall be required; the first compartment to be used for washing, the second, for plain rinsing, and the third for chlorine immersion; provided, that, for existing installations, the second or rinsing compartment may be omitted, if a satisfactory rinsing or spraying device is substituted.

C. Method III: Dishwashing machines. When dishwashing machines are employed, utensils should be prerinsed before being placed in the dishwashing machine. The health officer shall specify the wash water temperature. The period of exposure to rinse water shall be two minutes, and the temperature of rinse water shall be maintained at 170 degrees Fahrenheit, or 15 seconds exposure to live steam.

D. Method IV: Some other equally effective means; provided, that such method or methods as are employed shall be approved by, and shall result in a degree of sanitization satisfactory to, the state Director of Health; and provided, that continuous effectiveness of such methods can be readily established. (Ord. 1025 § 3 (Item 10), 1949).

8.04.170 Utensils and equipment – Cleaning – Satisfactory when.

By any method used, the final test for cleanliness and satisfactory bactericidal treatment shall be freedom from bacteria, grease, and any other foreign matter. (Ord. 1025 § 3 (Item 10), 1949).

8.04.180 Utensils and equipment – Drying cloths.

If drying cloths are used, they shall be clean and shall be used for no other purpose. (Ord. 1025 § 3 (Item 10), 1949).

8.04.190 Utensils and equipment – Tableware.

Silver and silver-plated tableware should not be treated with chlorine unless immediately rinsed in clean water following immersion in the chlorine solution, as silver chlorides are formed which blacken the silver; therefore, one of the other methods may well be employed on such tableware. (Ord. 1025 § 3 (Item 10), 1949).

8.04.200 Utensils and equipment – Single-service containers.

Single service containers shall be used only once. (Ord. 1025 § 3 (Item 10), 1949).

8.04.210 Utensils and equipment – Storage and handling.

After bactericidal treatment, no utensil shall be stored except in a clean, dry place, protected from flies, dust, or other contamination, and no utensils shall be handled except in such a manner as to prevent contamination, so far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein, in a clean, dry place until used, and shall be handled in a sanitary manner. Spoons, spatulas, dippers, etc., used for dispensing frozen desserts, shall, when not in use, be kept in clean, preferably running, water. (Ord. 1025 § 3 (Item 11), 1949).

8.04.220 Waste disposal.

All wastes shall be properly disposed of in such a manner as not to constitute a nuisance or a public health menace, and in accordance with Book V, Part 1, Section 10 of the rules and regulations of the state Board of Health.

There shall be provided and maintained in a suitable location a sufficient number of garbage containers of watertight construction, made of nonabsorbent material and provided with handles and close-fitting covers, and all garbage shall be kept therein, pending its removal and disposal. Garbage containers shall be washed at intervals frequent enough so as to prevent nuisance. Filled garbage containers shall not be allowed to remain in any room where food is prepared or eaten. (Ord. 1025 § 3 (Item 12), 1949).

8.04.230 Refrigeration.

All readily perishable food or drink shall be kept at or below 50 degrees Fahrenheit, except when being prepared or served, and an indicating thermometer shall be provided. Waste water from refrigeration equipment shall be properly disposed of and there shall be no direct connection to a sewer. (Ord. 1025 § 3 (Item 13), 1949).

8.04.240 Food and drink – Wholesomeness required.

All food and drink shall be wholesome and free from spoilage, and comply with all existing state laws, rules and regulations. (Ord. 1025 § 3 (Item 14), 1949).

8.04.250 Food and drink – Storage and display.

All food and drink shall be so stored and displayed as to be protected from dust, flies, vermin, rodents, unnecessary handling, droplet infection, overhead leakage, sewage backflow, and other contamination. Evidence of the presence of rodents, roaches, ants, or other vermin shall be considered as a violation of this item. Dustless methods of floor cleaning shall be employed, and all except emergency floor cleaning shall be done during those periods when the least amount of food and drink is exposed, such as after closing or between meals. No live animal or fowl shall be kept or allowed in any room in which food or drink is prepared, stored, or served. All means necessary for the elimination of flies, other insects, vermin and rodents shall be used. (Ord. 1025 § 3 (Item 15), 1949).

8.04.260 Employees – Cleanliness requirements.

All employees shall wear clean outer garments and shall keep their hands clean while engaged in handling food, drink, utensils, or equipment. Cleanliness shall be effected in a manner to adequately prevent contamination of food, drink, utensils, and equipment with dirt, filth, and unserved food particles. (Ord. 1025 § 3 (Item 16), 1949).

8.04.270 Premises – Cleanliness requirements.

The premises of all restaurants and drinking places shall be kept clean and free of litter or rubbish. Adequate lockers or dressing rooms should be provided for employees’ clothing and shall be kept clean. Soiled linen, coats, and aprons shall be kept in containers provided for this purpose. (Ord. 1025 § 3 (Item 17), 1949).

8.04.280 Premises – Living or sleeping quarters prohibited where.

None of the operations connected with a restaurant or drinking place shall be conducted in any room used as living or sleeping quarters. (Ord. 1025 § 3 (Item 17), 1949).

8.04.290 Itinerant restaurants and drinking places – Construction and sanitation requirements.

A. Itinerant restaurants and drinking places shall be constructed and operated in a manner approved by the health officer.

B. The health officer shall approve an itinerant restaurant or drinking place only if it complies with the following sanitation requirements:

1. Garbage and refuse shall be kept in tightly covered watertight containers until removed and shall be disposed of in a place and manner approved by the health officer. Dishwater and other liquid wastes shall be so disposed of as not to create a nuisance.

2. No person suffering from any disease transmissible by contact or through food or drink or who is a carrier of the germs of such a disease shall be employed in any capacity. Adequate refrigeration for keeping all readily perishable food or drink at 50 degrees Fahrenheit or below shall be provided. Adequate and satisfactory toilet and handwashing facilities shall be readily accessible to employees. No person engaged in the handling or serving of food or drink shall return to his work, after using the toilet, without first thoroughly washing his hands.

C. Upon failure of any person maintaining or operating an itinerant restaurant or drinking place, after warning, to comply with any of these requirements, it shall be the duty of the health officer summarily to forbid the further sale or serving of food or drink therein. (Ord. 1025 § 4, 1949).

8.04.300 Disease – Notification required when – Posting of regulations.

Notice shall be sent to the health officer immediately by the restaurant manager if he or any employee contracts any infectious, contagious, or communicable disease. It shall be the duty of every such employee reporting for work to notify the restaurant or drinking place manager immediately when any of said conditions obtain. If the manager concerned fails to notify the health officer, and the employee concerned fails to notify the manager immediately when any of said conditions obtain, each concerned shall be held to have violated this section. A placard containing this section shall be posted in all toilet rooms. (Ord. 1025 § 5, 1949).

8.04.310 Suspected infection – Procedures authorized.

When, in the opinion of the health officer, there exists the possibility of transmission of infection from any restaurant or drinking place employee, the health officer is authorized to require either of the following measures:

A. The immediate exclusion of the employee from all restaurants and drinking places;

B. The immediate closing of the restaurant or drinking place concerned until, in the opinion of the health officer, no further danger of disease outbreak exists.

All persons handling or preparing foodstuffs or beverages for sale shall have a physical examination by a doctor of medicine for the purpose of determining the presence of a communicable disease, whenever desired and requested by the state or local health officer. (Ord. 1025 § 6, 1949).

8.04.320 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, punishable as set forth in MVMC 1.20.010. (Ord. 1025 § 7, 1949).